SUBCHAPTER 05D – PYROTECHNICS

SECTION .0100 - GENERAL PROVISIONS

11 NCAC 05D .0101         DEFINITIONS

11 NCAC 05D .0102         DISPLAY OPERATOR'S IDENTIFICATION BADGES

11 NCAC 05D .0103         DISPLAY OPERATOR'S PERMIT

11 NCAC 05D .0104         ASSISTANT DISPLAY OPERATOR'S PERMIT

11 NCAC 05D .0105         ASSISTANT DISPLAY OPERATOR'S CERTIFICATION

11 NCAC 05D .0106         APPLICATION FOR PERMIT

11 NCAC 05D .0107         EXAMINATION

11 NCAC 05D .0108         APPLICATION FOR RECIPROCITY

11 NCAC 05D .0109         PERMIT RENEWAL

11 NCAC 05D .0110         FEES

11 NCAC 05D .0111         NOTIFICATION TO OSFM

11 NCAC 05D .0112         REPLACEMENT AND DUPLICATE PERMIT

History Note:        Authority G.S. 58-82A-1; 58-82A-3

Eff. February 1, 2010;

Expired Eff. February 1, 2019 pursuant to G.S. 150B-21.3A.

11 NCAC 05D .0113         REPORT OF THEFT OR LOSS OF PYROTECHNICS

(a)  A permittee shall report the theft or loss of pyrotechnics to the county sheriff or city police, to ATF and to OSFM, by telephone, within eight hours after the permittee discovers the theft or loss. OSFM may be reached at 919-661-5880 during normal working hours and at the North Carolina Highway Patrol dispatch number, 919-733-3861, outside normal working hours.

(b)  Within 24 hours after discovery of the loss or theft, the permittee shall provide OSFM written notice that includes a description of the pyrotechnics, including the manufacturer, brand name, any manufacturer marking and quantity, and a description of the circumstances surrounding the theft or loss. The written notice shall also name the law enforcement agencies contacted by the permittee under Paragraph (a) of this Rule.

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010;

Readopted Eff. November 1, 2021.

11 NCAC 05D .0114         REPORT OF INJURY OR PROPERTY DAMAGE

(a)  A permittee shall notify OSFM within 24 hours after any of the following involving pyrotechnics:

(1)           A fire causing property damage in excess of one thousand dollars ($1,000) to an automobile or ten thousand dollars ($10,000) to real property;

(2)           An injury to any person caused by the display resulting in hospitalization; or

(3)           Damage to property in excess of one thousand dollars ($1,000), not related to fire.

(b)  OSFM may be reached at 919-661-5880 during normal working hours and at the North Carolina Highway Patrol dispatch number, 919-733-3861, outside normal working hours.

(c)  The permittee shall submit a written report to OSFM within three days after a pyrotechnics display conducted by the permittee if any of the following occurred:

(1)           Any of the incidents identified in Paragraph (a) of this Rule; or

(2)           Whenever a defective pyrotechnic product or equipment resulting in any amount of injury or damage occurs.

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010;

Readopted Eff. October 1, 2021.

11 NCAC 05D .0115         INSPECTIONS

(a)  A permittee shall make any records required under Article 54 of Chapter 14 of the General Statutes and Article 82A of Chapter 58 of the General Statutes available to authorized representatives of OSFM or a city or county fire code official.

(b)  A permittee shall allow the display site, storage facility, or delivery point to be inspected at all times by authorized representatives of OSFM or a city or county fire code official.

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010;

Readopted Eff. November 1, 2021.