HP0590, LD 839, item 1, An Act To Amend the Laws Governing the Licensing of Technicians Involved in a Display of Fireworks or Special Effects

An Act To Amend the Laws Governing the Licensing of Technicians Involved in a Display of Fireworks or Special Effects

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 8 MRSA §221-A, sub-§§5-A and 5-B are enacted to read:

5-A. Flame effect. "Flame effect" means an effect caused by the use of a solid, liquid or gaseous fuel to produce a flame in front of an audience.

5-B. Flame effect technician. "Flame effect technician" means a person licensed pursuant to section 231 who, by examination, experience and training, has demonstrated the required skill and competence in the use of flame effects to conduct a display or special effects display. A flame effect technician is the person who is responsible for the safe use of flame effects and setting up and conducting the flame effects display.

Sec. 2. 8 MRSA §221-A, sub-§8-A is enacted to read:

8-A. Proximate audience technician. "Proximate audience technician" means a person licensed pursuant to section 231 who, by examination, experience and training, has demonstrated the required skill and competence in the use and discharge of fireworks proximate to an audience to conduct a display or special effects display proximate to an audience. A proximate audience technician is the person who is responsible for the safety of the proximate audience and setting up and conducting the display.

Sec. 3. 8 MRSA §227-C, sub-§4, as enacted by PL 1999, c. 671, §6, is amended to read:

4. Failure to employ or use fireworks technician. The applicant fails to use a licensed fireworks technician , proximate audience technician or flame effect technician as required to conduct the display.

Sec. 4. 8 MRSA §231, as enacted by PL 1999, c. 671, §12 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

§ 231. Fireworks technician, proximate audience technician and flame effect technician license qualifications

A person may not act as a fireworks technician , proximate audience technician or flame effect technician unless the person meets the qualifications specified in this section and obtains a license. The person must:

1. Age. Be at least 21 years of age;

2. Citizenship. Be a citizen or resident alien of the United States;

3. Experience. Have experience and training working under the direction of a fireworks technician during at least 5 displays, or comparable experience as determined by the department . The technician must hold the same license as applied for by the person;

4. Character. Be of good moral character as determined by the department and not have been convicted of a crime that is punishable by a maximum term of imprisonment equal to or exceeding one year. In making the determination of good moral character, the commissioner shall consider matters recorded within the previous 5 years, including, but not limited to:

A. Records of incidents of abuse by the applicant of family or household members provided pursuant to Title 19-A, section 4012, subsection 1;

B. Records provided by the Department of Health and Human Services regarding the failure of the applicant to meet child or family support obligations;

C. Records of 3 or more convictions of the applicant for Class D or Class E crimes;

D. Records of 3 or more civil violations by the applicant; and

E. Records that the applicant has engaged in recklessness or negligence that endangered the safety of others;

5. Examination. Successfully complete a written examination administered by the department encompassing fireworks and the conduct of displays codes, rules and information specific to the license applied for; and

6. Application. Submit an application to the department that contains:

A. The applicant's full name, full current address, social security number and date of birth; and

B. A statement granting the commissioner authority to check the criminal records of the applicant.

Sec. 5. 8 MRSA §232, sub-§§2 and 3 are enacted to read:

2. Fee for proximate audience technician. The fee for an initial proximate audience technician license is $180. The fee for renewal of the license is $25.

3. Fee for flame effect technician. The fee for an initial flame effect technician license is $180. The fee for renewal of the license is $25.

Sec. 6. 8 MRSA §233, first ¶, as enacted by PL 1999, c. 671, §12, is amended to read:

Each fireworks technician , proximate audience technician or flame effect technician license is valid for a term of one year. Unless revoked or suspended, the license is renewable annually.

Sec. 7. 8 MRSA §233, sub-§2, as enacted by PL 2003, c. 521, §4, is amended to read:

2. Renewal submitted within 90 days following license expiration. Notwithstanding subsection 1, a person may renew a license under this chapter for up to 90 days after the date of expiration of the license. The 90-day period does not postpone the expiration date of the existing license. A licensee whose license has lapsed may not work as a fireworks technician , proximate audience technician or flame effect technician until a renewed license is issued.

summary

This bill provides for the licensing of a proximate audience technician and a flame effect technician in connection with a display of fireworks or special effects.

HP0590 LD 839	Session - 126th Maine Legislature		LR 446 Item 1
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