1. (1) Class A (unrestricted) – unrestricted: may act as an operator conducting and taking charge of all shows that are subject to NFPA 1123, or NFPA 1126, or both.
2. (2) Class B (NFPA 1123) – restricted: may act as an operator conducting and taking charge of all outdoor displays that are subject to NFPA 1123, but not those that are also subject to NFPA 1126.

3. (3) Class C (NFPA 1126) – restricted: may act as an operator conducting and taking charge of all indoor displays and outdoor displays before a proximate audience that are subject to NFPA 1126, but not those that are also subject to NFPA 1123.

   (b) Certification required.

   No individual shall act as a pyrotechnician unless such individual possesses a current certificate of competence issued by the commissioner and is working within the scope of the classification for which they are certified. Authorized assistants may work as a pyrotechnician under the supervision of a certified pyrotechnician.

   (c) Operator's responsibilities.

   Each operator who conducts a show shall be responsible for complying with the standards for conduct of such show and the reporting and recordkeeping requirements of sections 61-2.7 and 61-2.8 of this Subpart. Such responsibilities include, but are not limited to, confirming that each member of the crew is an authorized assistant and that a permit has been granted for the show.

   (d) Responsibilities of certified pyrotechnicians.

   Certified pyrotechnicians who are not designated as the operator for a show are responsible for ensuring that their own activities, and those of any authorized assistants that they have been assigned by the operator to directly supervise, comply with the standards for conduct of show of section 61-2.8 of this Subpart. In addition, each certified pyrotechnician shall confirm whether the show has been granted a permit.

   (e) Permits under Penal Law, section 405.00.

   Fireworks displays subject to the permitting requirements of Penal Law section 405.00 may be conducted by a single certified operator, who shall ensure that a sufficient number of authorized assistants are available for the safe conduct of the fireworks display.

4. (1) Applications for permits. Applications for permits under Penal Law, section 405.00 shall identify such certified operator together with any other certified pyrotechnicians who will be available to serve as the certified operator, as the individuals actually in charge of the firing of the display, or the individuals authorized to fire the display, or both.
5. (2) Firing the display. The firing of the display, as that term is used in this Part and in Penal Law, section 405.00, shall refer to the actions of the certified operator in issuing a signal to start, or halt, the ignition of fireworks, but shall not include the actions of authorized assistants, including shooters, who ignite fireworks in response to such signal.
6. (3) Second operator. The certified operator may designate an authorized assistant to serve as a second operator to comply with permits that require, pursuant to Penal Law, section 405.00, that there shall be two operators constantly on duty during the discharge of fireworks. The certified operator shall continue to supervise the authorized assistant who has been designated as a second operator.

(a) Classifications of certificates of competence.

There shall be three classifications of certificates of competence issued to pyrotechnicians, as follows: