Section 68-104-208 - Program of certification(a) The fire marshal shall establish a program of certification for outdoor fireworks display operators, proximate pyrotechnic display operators, and flame effect display operators. To receive certification, an applicant must apply for certification to the fire marshal on a form to be prescribed by the fire marshal, must be at least twenty-one (21) years of age, and must not have been convicted of or pleaded guilty or nolo contendere to a state or federal felony. In addition, an applicant must meet the following requirements for the areas in which the applicant desires certification:(1) To be certified as an outdoor fireworks display operator, the applicant must: (A) Pass a written examination that tests outdoor display operator knowledge, approved by and conducted under the auspices of the fire marshal;(B) Show that the applicant has worked under competent supervision on at least three (3) outdoor fireworks displays in the three (3) years immediately preceding the application; and(C) Pay a certification fee not to exceed one hundred fifty dollars ($150) to be set by rule by the fire marshal;(2) To be certified as a proximate pyrotechnic display operator, the applicant must: (A) Pass a written examination that tests pyrotechnic special effects operator knowledge, approved by and conducted under the auspices of the fire marshal;(B) Show that the applicant has worked under competent supervision on at least five (5) proximate pyrotechnic displays in the three (3) years immediately preceding the application; and(C) Pay a certification fee not to exceed one hundred fifty dollars ($150) to be set by rule by the fire marshal; and(3) To be certified as a flame effect display operator, the applicant must: (A) Pass a written examination that tests flame effect operator knowledge, approved by and conducted under the auspices of the fire marshal;(B) Show that the applicant has worked under competent supervision on at least five (5) flame effect displays in the three (3) years immediately preceding the application; and(C) Pay a certification fee not to exceed one hundred fifty dollars ($150) to be set by rule by the fire marshal.(b) If an applicant applies for more than one (1) certification, the applicant may take the test for any or all certifications and pay a maximum certification fee of three hundred dollars ($300).(c) The fire marshal shall establish the scope and type of examinations required by this section, and may require applicants to take a test created by a nationally recognized pyrotechnic association. The fire marshal may administer the examination or may enter into an agreement with a testing service or organization. The tests may be administered at a specific location or time. The fire marshal may set by rule and collect a reasonable nonrefundable fee calculated to cover the costs of administering the test. Written tests may be supplemented by practical tests or demonstrations deemed necessary to determine the applicant's skill and ability. The content, type, frequency, and location of the tests shall be designated by the fire marshal.(d)(1) An operator certification or renewal expires three (3) years after the date of approval or reissuance. To renew the certification, an individual must show to the satisfaction of the fire marshal that the individual has attended at least six (6) hours of continuing education training meeting the approval of the fire marshal in the areas of certification desired during the three-year certification period and pay the applicable certification fees.(2) Notwithstanding subdivision (d)(1), in lieu of sitting for continuing education credit, an operator may elect to retake the appropriate examination for the certification desired; provided, however, that the operator must earn a passing score on the appropriate examination for the certification desired. Subsection (a) requiring the submission of verification of experience forms shall be waived if the certification is renewed via appropriate re-examination in lieu of continuing education training prior to the expiration date for the certification.Amended by 2021 Tenn. Acts, ch. 435, Secs.s2, s3 eff. 7/1/2021.Amended by 2021 Tenn. Acts, ch. 435, s 1, eff. 7/1/2021.Acts 2006, ch. 839, § 1; 2008 , ch. 1076, § 1.