(a)        License Required. – A display operator license issued by the Commissioner is required for an individual to obtain the necessary authorization under Article 54 of Chapter 14 of the N.C. Gen. Stat. to exhibit, use, handle, manufacture, or discharge pyrotechnics at a concert or public exhibition in this State. A license issued under this section is valid for three years unless it is revoked by the Commissioner.

(b)        Requirements. – The Commissioner may issue a display operator license to an individual if all of the following conditions are met:

(1)        The individual is at least 21 years of age.

(2)        The individual has assisted a display operator as an assistant display operator in the exhibition, use, or display of pyrotechnics at a concert or public exhibition, as allowed under Article 54 of Chapter 14 of the N.C. Gen. Stat., on at least three occasions.

(3)        The individual successfully completes the minimum training requirements established by the State Fire Marshal.

(4)        The individual successfully passes an examination approved by the State Fire Marshal that demonstrates the individual has the knowledge to safely handle, store, and exhibit Class 1.4g, 1.3g, 1.2g, and 1.1g pyrotechnics or provides satisfactory evidence of current certification by a third party acceptable to the State Fire Marshal.

(5)        Repealed by Session Laws 2010-22, s. 6, effective October 1, 2010.

(6)        The individual has no violations of any provision of this Article or of any similar provision of any other state and submits an “Employer Possessor Letter of Clearance” issued to the individual by the Bureau of Alcohol, Tobacco and Firearms pursuant to 18 U.S.C. Chapter 40.

(b1)      The Commissioner may issue a Limited Pyrotechnic Operator license to an individual meeting all the requirements of subsection (b) of this section with the exception of the “Employer Possessor Letter of Clearance” required by subdivision (6) of subsection (b) of this section if the individual signs a statement provided by the Commissioner affirming that the individual has not been convicted of violating 18 U.S.C. Chapter 40, Section 842(i), and is not otherwise prohibited from possessing pyrotechnic materials by any provision of 18 U.S.C. Chapter 40, Section 842(i).

(c),       (d)? Repealed by Session Laws 2010-22, s. 6, effective October 1, 2010.

(e)        Public exhibitions consisting of materials exempted by N.C. Gen. Stat. § 14-414 are exempt from the operator license requirements. ?(2009-507, s. 3; 2010-22, s. 6; 2013-275, s. 3.)

Terms Used In North Carolina General Statutes 58-82A-3

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3