1. (a) Applicants for a pyrotechnic operator license or pyrotechnic special effects operator license shall take a written examination and obtain at least a passing grade of 70%. Written examinations may be supplemented by practical tests or demonstrations deemed necessary to determine the applicant's knowledge and ability. The content, type, frequency, and location of the examinations shall be set by the state fire marshal.
2. (b) Applicants who fail may file an application and take a reexamination.
3. (c) The state fire marshal may waive an examination requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of this state.
4. (d) A licensee whose license has been expired for two years or longer and makes application for a new license must pass another examination.

5. (e) A pyrotechnic operator license shall not be issued to any person who fails to meet subsection (a) of this section and the following:

   1. (1) assisted in conducting at least five permitted or licensed public displays in the State of Texas under the direct supervision of and verified in writing by a pyrotechnic operator licensed in Texas;
   2. (2) be at least 21 years of age.
6. (f) The pocket license document issued along with the regular license document is for identification purposes only and must be carried by the licensee when engaged in the business.

Source Note:The provisions of this §34.811 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to ­be effective June 4, 1993, 18 TexReg 3300; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective September 14, 1998, 23 TexReg 9571.