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Thread: Changes to Ohio License Requirements

  1. #1

    Default Changes to Ohio License Requirements

    I almost missed this. Thanks to Sev, my letter didn't end up in the trash with the junk mail. It does bother me that I didn't hear about this in November, but anyway, here it is:

    OAC 1301:7-7-33 [Effective 11/1/2011] Explosives and fireworks
    (S) Section 3319 Requirements for an exhibitor’s license

    (1) 3319.1 Categories of exhibitor licenses. No person shall conduct a fireworks exhibition or flame effects exhibition in this state without a license issued by the state fire marshal. There shall be three categories of exhibitor licenses:
    (a) A licensed exhibitor of outdoor/indoor fireworks (Type I).
    (b) A licensed exhibitor of indoor fireworks (Type II).
    (c) A licensed exhibitor of flame effects (Type III).


    (5) 3319.5 Fees for application. Application fees for exhibitors are nonrefundable. The application fee is forfeited to the state fire marshal when the applicant fails to meet the requirements of Chapter 3743. of the Revised Code or the “Ohio Fire Code, ” when an applicant fails to achieve a passing grade on any examination, or when an applicant fails to reapply for a repeat examination. The fee under such circumstances shall be deemed necessary for the processing of the application, and the administering of the examination of the applicant. Said fee shall be deposited into the state fire marshal’s rotary fund. The state fire marshal shall also assess the applicant any fee charged by the superintendent of the bureau of criminal identification and investigation for the results of a background check.

    This basically means two things for us: (1) Licensed Fireworks Exhibitors (NFPA 1123) have until January 31st, 2013 to acquire their Indoor/Proximate (NFPA 1126) license. (2) The state is now charging $24 for background checks. This goes for the exhibitor and all of his employees/registered assistants. So the price of registering an assistant just doubled. CCW, BATFE License/Permit and TSA clearances are still acceptable substitutes for the background check, if they are three years old or newer..

    EDIT: To clarify, the 1126 is not optional. It means get the 1126 (thus a Type I License), or forfeit the 1123.
    Last edited by russell; February 10th, 2012 at 02:26 PM.
    9th Annual St. Louis Group Shoot | Ohio Fireworks Law | Northeast Ohio Pyros
    Ohio Licensed Lead Exhibitor | BATFE Type 54 | PGI Member/Certified | President NEOPG

  2. #2
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    Default Re: Changes to Ohio License Requirements

    Got some clarification on the new statute...................... it pertains primarily to the outdoor use of 1.4s. It sounds as though if you've become a new licensee since Dave Schroeder left the SFM, they'll want you to retake the test for 1.3, as it will now encompass both 1.3 and 1.4s outdoor. (the use of cakes and such actually had variances for their use with 1.3 under the old regime). Indoor 1.4s will still be a separate category. Of course, the statute doesn't exactly spell it out that way. So if you've had a license for some time, you're grandfathered in for Type 1. If you just got your license in the last 3 years or so, you'll be making a trip to Reynoldsburg in the next year.

    It's still f...in' stupid.

    If anyone else received an interpretation, please share!

    This is why GK lives in Florida.

  3. #3
    Member Array nater219's Avatar
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    Default Re: Changes to Ohio License Requirements

    Interesting, does this only apply to the operators and lead shooters themselves? Do you know of any changes for those of us that are just registered assistants?
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    Default Re: Changes to Ohio License Requirements

    No changes for assistants, it's just that they won't cover any background check costs even at state sponsored classes, but fingerprinting is still only due every 3 years.........since your prints are on computer file, that's never made sense to me either. I guess if you've lost a finger or two in the last few years, they just want to be updated.

    RE: Ohio Administrative Code 1301:7-7-33 - Fireworks Changes



    Dear Fireworks Licensee,



    As you may already know the Ohio Administrative Code (OAC) / Ohio Fire Code (OFC) has been revised, and those changes went into effect on November 1, 2011. Listed below are two sections that apply to an exhibitor’s license.



    OAC 1301:7-7-33 (S) Section 3319 Requirements for an exhibitor’s license

    (1) 3319.1 Categories of exhibitor licenses. No person shall conduct a fireworks exhibition or flame effects exhibition in this state without a license issued by the state fire marshal. There shall be three categories of exhibitor licenses:

    (a) A licensed exhibitor of outdoor/indoor fireworks (Type I).

    (b) A licensed exhibitor of indoor fireworks (Type II).

    (c) A licensed exhibitor of flame effects (Type III).



    Transition Plan

    1. Those exhibitors that currently hold a license as a fireworks and pyrotechnics exhibitor will be issued a Type I license.

    2. Those exhibitors that only have a pyrotechnics exhibitor license will be issued a Type II license.

    3. Any exhibitor that has a fireworks exhibitor license but does not have the pyrotechnics exhibitor license, will have until January 31, 2013 to work with other Ohio licensed pyrotechnics exhibitors to gain experience and pass the state fire marshal (SFM) exam. As a courtesy, the first sitting to take the exam will be offered to eligible licensees at no charge. Any additional attempts will require the $50 exam fee. There will be exam opportunities offered throughout the state in 2012 at the regional fire protection exams (see enclosed schedule) and at any 2012 fireworks continuing education class provided by this office. Pre-registration is required to sit for the exam.

    4. Notifications will be emailed out as new off-site locations are added to the exam schedule. By providing our office with your most current email address at webfmtr@com.state.oh.us, you will be kept informed of any updates to the schedule.

    5. Currently you are license for exhibitor and pyrotechnics, meaning you will automatically receive a Type I fireworks license, you will not be required to test.





    Background Checks

    In the past the SFM’s office has offered fingerprinting services at no additional charge to licensees. The 2011 OFC allows the cost for providing background check services to be charged to the customer. The current fee billed to our office by the Bureau of Criminal Identification & Investigation (BCI&I) is $24.00, and the customer will be required to pay this fee when being fingerprinted by our office. Background checks will still be valid for 36 months. Documentation of equivalent national background checks from the Alcohol, Tobacco, Firearms, & Explosives (ATF), Transportation Security Administration (TSA), a permit to carry a concealed weapon (CCW), or Transportation Worker Identification Credential (TWIC) will still be accepted both for exhibitors and for assistants.



    OAC 1301:7-7-33 (S) (5) 3319.5 Fees for application. Application fees for exhibitors are nonrefundable. The application fee is forfeited to the state fire marshal when the applicant fails to meet the requirements of Chapter 3743. of the Revised Code or the “Ohio Fire Code,” when an applicant fails to achieve a passing grade on any examination, or when an applicant fails to reapply for a repeat examination. The fee under such circumstances shall be deemed necessary for the processing of the application, and the administering of the examination of the applicant. Said fee shall be deposited into the state fire marshal’s rotary fund. The state fire marshal shall also assess the applicant any fee charged by the superintendent of the bureau of criminal identification and investigation for the results of a background check.



    Transition Plan

    1. Effective immediately, any customer fingerprinted by this office will be required to pay the $24 fee charged by BCI&I in addition to the licensing fee. Payment can be made by check, cash, money order, Visa, or MasterCard.

    2. National WebCheck will still be available off site by request and at all 2012 SFM fireworks continuing education classes. Payment will need to be made on the day the services are provided.

    3. A copy of ATF clearance, TSA clearance, permit to carry a CCW, or a TWIC card issued within 36 months of a customer’s renewal/expiration date will be accepted as a valid national background check.



    Thank you for working with us during this transition. This correspondence is intended to be a friendly notification of the changes you will see in 2012. If you have any questions you can call Ashley Bivona or me at 614-752-7126 or 877-264-0023 or reply back to this email.



    Sincerely,



    Sheryl A. Knapp, Chief

    Bureau of Testing and Registration



    SAK/anb

  5. #5
    Member Array lil pyro's Avatar
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    Default Re: Changes to Ohio License Requirements

    Ya' know, the powers that be must of thought that things were not messed up enough...
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  6. #6

    Default Re: Changes to Ohio License Requirements

    Quote Originally Posted by bigbang69 View Post
    Got some clarification on the new statute...................... it pertains primarily to the outdoor use of 1.4s. It sounds as though if you've become a new licensee since Dave Schroeder left the SFM, they'll want you to retake the test for 1.3, as it will now encompass both 1.3 and 1.4s outdoor. (the use of cakes and such actually had variances for their use with 1.3 under the old regime). Indoor 1.4s will still be a separate category. Of course, the statute doesn't exactly spell it out that way. So if you've had a license for some time, you're grandfathered in for Type 1. If you just got your license in the last 3 years or so, you'll be making a trip to Reynoldsburg in the next year.

    It's still f...in' stupid.

    If anyone else received an interpretation, please share!

    This is why GK lives in Florida.
    This isn't quite right. If someone has their outdoor but not indoor, they need to take the indoor test, regardless of how long they have been a licensee.

    There is no granfather clause whatsoever. A licensee who has held their license for 10 years still needs to take the indoor/proximate test if they are only Outdoor certified. If someone already has BOTH their indoor and outdoor licenses, then there is no need for them to do anything to comply, as they're already compliant.

    Additionally, no one needs to retake the test. They only need to take the other test.

    Finally, everyone who needs to take the additional test still needs a letter of proficiency before being allowed to sit for the exam.
    9th Annual St. Louis Group Shoot | Ohio Fireworks Law | Northeast Ohio Pyros
    Ohio Licensed Lead Exhibitor | BATFE Type 54 | PGI Member/Certified | President NEOPG

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    Default Re: Changes to Ohio License Requirements

    Russell-
    Your interpretation is exactly how I read and re-read the statute many times. However, after having 2 different sources call for clarification, the folks at the SFM apparently are reading off of quite a different version than what is published.

    There is a considerable amount of politics involved here, but we'll save that for a future post.

    Ohio Revenue = Fees, Fines, Licenses

  8. #8

    Default Re: Changes to Ohio License Requirements

    That's not my interpretation. That's what the State Fire Marshal's Office told me.

    This is going to cost the state more money than it's going to save 'em. At least initially.

    I'd like to know WHO told you something other than what I posted above if it came from the SFM, or from Columbus at all.

    Also, I know a couple of 1123 licensees who have held their license for 10+ years, and they're required to take the 1126 test.

    Considerable amount of politics is one thing. Selling or giving away licenses is quite another, and tends to land politicians in prison. At least politicians from Illinois anyway
    Last edited by russell; March 5th, 2012 at 12:09 PM.
    9th Annual St. Louis Group Shoot | Ohio Fireworks Law | Northeast Ohio Pyros
    Ohio Licensed Lead Exhibitor | BATFE Type 54 | PGI Member/Certified | President NEOPG

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    Default Re: Changes to Ohio License Requirements

    "I'd like to know WHO told you something other than what I posted above if it came from the SFM, or from Columbus at all."

    Please, just because someone doesn't have 4635 posts, is not a supporting member, and doesn't gloat all of their pyrotechnic qualifications on their posts shouldn't fool you. They may have a lot more knowledge and experience than you may think.

  10. #10

    Default Re: Changes to Ohio License Requirements

    I am not supposing that you don't. I only asked who your sources are. And I asked you privately as well, but no response. I start with the assumption that you actually do have some knowledge and experience, not the reverse.

    Why are you offended? No one slighted you. But...your post helps no one with anonymous sources. However, by revealing them, then something actually can be done if your sources are correct. Because (1) the SFM is telling people something else and (2) what you SAY they are doing is illegal and is a battle worth fighting.

    So, care to tell me, or you prefer getting pissy about it?

    Funny though, I just recently put all that stuff in my signature to help attract club members to NEOPG hopefully. Nothing more.
    9th Annual St. Louis Group Shoot | Ohio Fireworks Law | Northeast Ohio Pyros
    Ohio Licensed Lead Exhibitor | BATFE Type 54 | PGI Member/Certified | President NEOPG

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