Each fireworks exhibitor licensed under section 3743.51 of the Revised Code shall register with the state fire marshal all employees who assist the licensed exhibitor in conducting fireworks exhibitions unless such employees have already been registered by another licensed exhibitor. The employees must be registered with the state fire marshal at least fourteen days prior to assisting the licensed exhibitor in conducting a fireworks exhibition. Individuals involved only in the setup or clean up of the discharge site before or after the exhibition and do not handle 1.3G fireworks, are not required to be registered. The state fire marshal shall maintain a record of licensed exhibitors and registered employees and make it available, upon request, to any law enforcement agency. A licensed exhibitor shall file an application, on a form prescribed by the state fire marshal, to register a new employee not later than seven days after the date on which the employee is hired unless the employee is already registered.
Exception: Any individual that is a valid Ohio licensed exhibitor of fireworks pursuant to the provisions of this rule who wishes to act as an employee of another properly licensed exhibitor is not required to be registered pursuant to this paragraph.
The state fire marshal shall not register a person under this paragraph unless the following requirements have been satisfied.
Each application to register an employee of a licensed exhibitor of fireworks, regardless of time of registration as provided for in paragraph
(T)(9)(f)(i)(33126.96.36.199) of this rule shall be accompanied by a nonrefundable registration fee of twenty-five dollars. 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.
No person shall be registered under this paragraph if the individual has been convicted of or pled guilty to a felony under the laws of this state, another state, or the United States. All persons seeking to be registered under this paragraph shall provide fingerprint or similar identifying information, and complete a civilian background check for criminal history as administered or approved by the state fire marshal. The state fire marshal may accept a currently valid certificate of clearance or other similar documentation issued by the bureau of alcohol, tobacco, firearms and explosives as satisfactory documentation of a person's criminal history. Applicants shall, upon request of the state fire marshal, provide the state fire marshal with certified copies, or other similar documentation, relating to the individual's civilian criminal background check.
Each application filed with the state fire marshal to register an employee of a licensed exhibitor of fireworks shall be accompanied by:
Proof of age satisfactory to the state fire marshal verifying the employee is at least eighteen years of age.
Verification of the completion of a minimum of three hours of in-service education in the safe operation of a public display. Verification includes any of the following:
(a) A signed statement from the licensed exhibitor on a form including the information as prescribed by the state fire marshal;
(b) Any other information as requested by the state fire marshal.
Documentation of the completed civilian background check as required by this rule.
The application for employee registration shall be denied by the state fire marshal when any of the following occur:
The licensed fireworks exhibitor fails to provide the information required by the application form prescribed by the state fire marshal or as otherwise required by this paragraph;
The application materials were not accompanied by the requisite fee;
The employee to be registered is not eighteen years of age;
The employee to be registered has been convicted of or pleads guilty to a felony under the laws of this state, another state, or the United States.
Employee registrations under this rule shall not be effective until the proper issuance of documentation by the state fire marshal.
Each registered assistant shall carry the proof of registration issued by the state fire marshal while assisting the licensed exhibitor in conducting a fireworks exhibition and shall make it available to any fire or law enforcement official upon request.
Each registered assistant shall display prominently upon their person any visible identification required by the fire code official at all times when within the discharge perimeter.
After the effective date of this rule, each registration shall be for a period of one year unless otherwise provided for in this paragraph.
The registration of an employee may occur at any of the following times:
In conjunction with an initial exhibitor application;
Initial employee registration in accordance with paragraph
(S)(9)(3319.9) of this rule;
An application for exhibitor renewal in accordance with paragraph
(S)(3)(b)(3319.3.2) of this rule.
If the time of employee registration occurs pursuant to paragraph
(33188.8.131.52.2) of this rule, the period of such employee's registration shall be limited to a period no longer than the remaining portion of the registering exhibitor's license.
Each application for registration shall be prescribed by the state fire marshal and accompanied by the registration fees, proof of age, and verification of in-service education as required for initial registration in accordance with this paragraph. Any such subsequent registration may be denied pursuant to paragraph
(S)(9)(c)(3319.9.3) of this rule.
Any change in employee registration information submitted to the state fire marshal other than during the exhibitor's renewal application period described in paragraph
(S)(9)(f)(3319.9.6) of this rule shall be accompanied by a fee equivalent to the registration fees prescribed in paragraph
(S)(9)(a)(3319.9.1) of this rule.