§655. Public displays; proximate displays; Class C public displays; licenses; permits; fees; adoption of rules and regulations

A. A person or firm shall not make a public display, as defined by this Part, without obtaining a pyrotechnic operator's license properly issued by the office of state fire marshal. The pyrotechnic operator is responsible for safely storing, setting up, and removing pyrotechnic materials and devices after a display and in accordance with manufacturer standards.

B. A person or firm shall not make a proximate display, as defined by this Part, without obtaining a pyrotechnic special effects operator's license properly issued by the office of state fire marshal.

C.(1) Applicants for a pyrotechnic operator's license or pyrotechnic special effects operator's license shall make application to the office of state fire marshal, take a written examination, and obtain a passing grade of at least seventy percent. Persons holding a valid blaster's license, as described in R.S. 40:1472.1 et seq., on or before September 30, 2003, may forego the written examination by the demonstration through practical tests or documentation deemed necessary by the state fire marshal to determine the applicant's knowledge and ability. The content, type, frequency, and location of the examinations shall be set by the state fire marshal.

(2) Applicants who fail may reapply and take a reexamination.

(3) A licensee whose license has been expired for two years or more and who makes application for a new license shall retake and pass the written examination to receive a renewed license.

(4) A license shall not be issued to any person if any of the following apply:

(a) The applicant is a convicted felon.

(b) The applicant fails to meet the requirements of Paragraph (1) of this Subsection.

(c)(i) The pyrotechnic operator applicant has not assisted in conducting at least five permitted public displays and has not served as lead operator on at least one permitted public display in this state, under the direct supervision of and verified in writing by a pyrotechnic operator licensed in Louisiana.

(ii) The pyrotechnic special effects operator applicant has not assisted in conducting at least five permitted proximate displays and has not served as lead operator on at least one permitted proximate display in this state, under the direct supervision of and verified in writing by a pyrotechnic special effects operator licensed in Louisiana.

(d) The applicant is under the age of twenty-one years.

(5) A conviction or a plea of guilty or nolo contendere does not constitute an automatic disqualification, as otherwise provided in Paragraph (4) of this Subsection, if more than ten years have elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication, or period of probation or parole, or Code of Criminal Procedure Article 893, or equivalent judicial dismissal process granted.

(6) The pocket license document issued along with the regular license document is for identification purposes only and shall be carried by the licensee when engaged in the business.

(7) The license is valid for a period of one year from the date of issue.

(8) The cost of the license is fifty dollars for a new license and twenty-five dollars for renewals.

D. A person or firm shall not make a Class C public display, as defined by this Part, without obtaining a Class C pyrotechnic operator's license properly issued by the office of state fire marshal.

(1) Applicants for a Class C pyrotechnic operator license shall receive training and certification from the office of state fire marshal.

(2) A licensee whose license has been expired for three years or more and who makes application for a new license shall receive training and recertification by the office of state fire marshal.

(3) A license shall not be issued to any person if any of the following apply:

(a) The applicant fails to meet the requirements of Paragraph (1) of this Subsection.

(b) The applicant is under the age of twenty-one years.

(4) The pocket license document issued along with the regular license document is for identification purposes only and shall be carried by the licensee when engaged in the business.

(5) The license is valid for a period of one year from the date of issue.

(6) The cost of the license is twenty-five dollars for a new license and fifteen dollars for renewals.

E.(1) A person or firm shall not make or perform a public display, proximate display, or Class C public display, as defined in this Part, without first obtaining a permit from the office of state fire marshal.

(2) A person or firm desiring a permit for a public display or proximate display may either apply to the office of state fire marshal or to a certified local authority certified under the provisions of R.S. 40:1563, which application shall be received by either the state fire marshal or the certified local authority at least five days prior to the event. The application shall contain all of the following information:

(a) The date, time, and place of the public display or proximate display including the length of time of the display.

(b) All fire prevention plans and provisions that will be in force and all fire prevention personnel and equipment available to ensure the safety of the public attending the display.

(c) A copy of the permit issued by the office of state fire marshal to the distributor who will be supplying or conducting the public display or proximate display to assure the state fire marshal or his certified local authority that the fireworks and the actual presentation and conduct of the public display or proximate display will not endanger the public safety.

(3) A public entity desiring a permit for a Class C public display may apply to the office of state fire marshal, which application shall be received by the state fire marshal at least five days prior to the event. The application shall contain the following information:

(a) The date, time, and place of the Class C public display including the length of time of the display.

(b) All plans and provisions that will be in force to ensure the safety of the public attending the public display.

(c) A copy of the training certification issued by the office of state fire marshal to the person or firm who will be conducting the Class C public display to assure the state fire marshal that the fireworks and the actual presentation and conduct of the Class C public display will not endanger the public safety.

(4) The fee for application for a permit for a public display or proximate display is one hundred dollars and shall be used to offset the cost of processing the permit request and cover the expense of onsite inspections. The fee for the application for a permit for a Class C public display is twenty-five dollars and shall be used to offset the cost of processing the permit request and any necessary onsite inspections.

F. A person or firm supplying fireworks for public display or proximate display shall not ship, sell, possess, or use fireworks designed for public display or proximate display unless the supplier has obtained a distributor's permit as provided in R.S. 51:656. No person or firm holding a permit for a public display or proximate display may obtain fireworks for use in any public display or proximate display from any person or firm that has not obtained a distributor's permit as provided in R.S. 51:656.

G. The state fire marshal may promulgate and adopt rules and regulations in accordance with the Administrative Procedure Act to ensure that the supplier of the fireworks and the holder of a public display, proximate display, or Class C public display permit will adequately protect the public safety.

H.(1) Fireworks that are to be used for public display or proximate display only shall at all times be kept in the possession of those responsible and be stored in an appropriate storage in accordance with the regulations of NFPA 1124 as published by the National Fire Protection Association, or any subsequent amended editions thereof that are adopted by the state fire marshal. Fireworks that are to be used for public display shall be confined to that use only.

(2) Purchase, storage, and transportation of fireworks used for public display or proximate display are governed by R.S. 40:1472.1 et seq. Fireworks that are to be used for public display or proximate display shall, from the time of issuance of a permit by the state fire marshal and upon placement at the site of display, be appropriately stored in accordance with NFPA 1124 as published by the National Fire Protection Association, or any subsequent amended editions thereof that are adopted by the state fire marshal.

Acts 1958, No. 63, §6. Amended by Acts 1981, No. 928, §1. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2001, No. 667, §1, eff. June 25, 2001; Acts 2003, No. 398, §2; Acts 2018, No. 211, §1, eff. May 15, 2018.