LAB-31-10-00003-EP Licensing of Blaster, Crane Operators, Laser Operators and Pyrotechnicians

8/4/10 N.Y. St. Reg. LAB-31-10-00003-EP

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 31

August 04, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF LABOR

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. LAB-31-10-00003-EP

Filing No. 742

Filing Date. Jul. 19, 2010

Effective Date. Jul. 19, 2010

Licensing of Blaster, Crane Operators, Laser Operators and Pyrotechnicians

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

Addition of Part 61 to Title 12 NYCRR.

Statutory authority:

General Business Law, section 483

Finding of necessity for emergency rule:

Preservation of public safety and general welfare.

Specific reasons underlying the finding of necessity:

These regulations provide that no individual shall use lasers, operate a crane or act as a blaster or a pyrotechnician without holding a valid certificate of competence issued by the Commissioner of Labor. These regulations provide procedures to regulate these four occupations that have been designated by the legislature as creating special risks to the safety and health of the citizens of New York as well as to their property.

A new part 61 was added to 12 NYCRR to create a single part (12 NYCRR 61) for the licensing and certification requirements for pyrotechnicians, blasters, cane operators and laser operators.

All provisions regarding pyrotechnicians are new because the licensing and certification requirements for pyrotechnicians were only recently added to statute by Chapter 57 of the Laws of 2009.

Subject:

Licensing of blaster, crane operators, laser operators and pyrotechnicians.

Purpose:

To clarify and standardize the licensing of blasters, crane operators, laser operators, and pyrotechnicians.

Substance of emergency/proposed rule (Full text is posted at the following State website:www.labor.ny.gov):

These regulations provide that no individual shall use lasers, operate a crane or act as a blaster or a pyrotechnician without holding a valid certificate of competence issued by the Commissioner of Labor. These regulations provide procedures to regulate these four occupations that have been designated by the legislature as creating special risks to the safety and health of the citizens of New York as well as to their property.

A new part 61 was added to 12 NYCRR to create a single part (12 NYCRR 61) for the licensing and certification requirements for pyrotechnicians, blasters, cane operators and laser operators.

All provisions regarding pyrotechnicians are new because the licensing and certification requirements for pyrotechnicians were only recently added to statute by Chapter 57 of the Laws of 2009.

The licensing and certification requirements regarding crane operators were moved from 12 NYCRR Section 23-8.5 to new Part 61 and amended to establish a smaller number of Crane Board members who need to be present at either examinations or hearings. This will make it easier to schedule examinations, thereby making certain that there will be no delays in the process. The amendments will make it easier to schedule administrative hearings.

The licensing and certification requirements for blasters were moved from 12 NYCRR Section Subparts 39-5 and 39-7 to new Part 61, and revised to conform New York state regulations to nationally recognized safety standards. The proposed amendments require each certified blaster to preserve a comprehensive and accurate record for each blast site. Additionally, the categories of certificates of competence were increased from three to six. These new categories decrease the level of risk to the blaster and the public by ensuring that a blaster is not operating outside of his level of expertise.

The provisions regarding the licensing of laser operators are being moved from 12 NYCRR Subpart 50-9 and have been incorporated into Part 61.

Additionally, under new part 61 all certified individuals will be required to report unusual incidents or events. The Department will accept notification by phone calls, fax, email, in person or any other means acceptable to the Commissioner.

The proposed sections of Part 61 are summarized as follows:

Subpart 61-1 General Provisions

Subpart 61-2 Special Provisions for Pyrotechnicians

Subpart 61-3 Special Provisions for Crane Operators

Subpart 61-4 Special Provisions for Blasters

Supbart 61-5 Special Provisions for Laser Operators.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire October 16, 2010.

Text of rule and any required statements and analyses may be obtained from:

Joan Connell, New York State Department of Labor, Harriman State Office Campus, Building 12, Room 509, Albany, NY 12240, [phone]

Data, views or arguments may be submitted to:

Lansing Lord, New York State Department of Labor, Harriman State Office Campus, Building 12, Room 157, Albany, NY 12240, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Additional matter required by statute:

National Fire Protection Association, 1123 and 1126 Standards on Fireworks Displays and Use of Pyrotechnics Before a Proximate Audience, and IME Safety Library Publications #3 and #20.

Regulatory Impact Statement

1. Statutory authority:

General Business Law Section 482(1) provides that no individual shall use lasers, operate a crane or act as a blaster or a pyrotechnician without holding a valid certificate of competence issued by the Commissioner. General Business Law Section 483(1)(a) provides that the Commissioner of Labor is authorized and directed to prescribe rules and regulations with respect to lasers, crane operators, blasters and pyrotechnicians. Penal Law Sections 405.00 405.003 and 405.002 provide that firework displays must be conducted by certified operators in accordance with permits issued by local jurisdictions in which the firework displays are conducted.

2. Legislative objectives:

General Business Law Section 480 states that the use of lasers, the operation of cranes, the detonation of explosives, and the preparation and firing of pyrotechnics involves such elements of potential danger to the lives, health and safety of the citizens of this state and to their property that special regulations are necessary to insure that only persons of proper ability and experience shall engage in such operations. Section 483 of the General Business Law provides that such regulations may provide for examinations, categories of certificates, licenses, or registrations, age and experience requirements, payments of fees, and may also provide for such limitations and exemptions that the Commissioner of Labor finds necessary and proper.

3. Needs and benefits:

The Commissioner of Labor recognizes the need for procedures to regulate the four occupations which have been designated by the legislature as creating special risks to the safety and health of the citizens of New York as well as to their property. This proposal creates new Occupational licensing and Certification Code 12 NYCRR Part 61, to establish a new certification process for pyrotechnicians and to unify and standardize existing licensing and certification requirements for blasters, crane operators and laser operators. The issuance of a restricted use certificate for all categories is new. The Commissioner addressed the need for restricted use certificates to take into account an individual's physical limitations or to allow for unique circumstances.

There are two changes in the administrative review procedures for these occupations. An initial applicant can no longer request a hearing for an application denial. There was a need to change this review process as the initial application is based on factual, objective criteria as to whether or not the applicant has the requisite education and/or training. As such, there is no need for a hearing. In denying an initial application, the Commissioner shall provide reason(s) for such denial so that the applicant can decide whether to seek additional education, training and/or experience; and reapply in the future. A hearing shall be granted when an applicant's renewal is denied, or when a certificate is revoked or suspended. After the hearing, and upon notice to the certificate holder, the Commissioner may suspend, revoke, restrict or refuse to renew a certificate. Prior to the new Part 61, a certificate holder first had to appeal the Commissioner's order to the Industrial Board of Appeals. Under the General Business Law, the certificate holder may appeal the Commissioner's order pursuant to Article 78 of the Civil Practice Law and Rules. This new change affords the certificate holder an opportunity for judicial review without first having to present a case before an administrative tribunal.

Pyrotechnicians: All provisions regarding pyrotechnicians are new because the licensing and certification requirements for pyrotechnicians were only recently added to statute by Chapter 57 of the Laws of 2009. There have been several incidents where individuals have been or could have been seriously injured during pyrotechnic displays. The most recent incident occurred during the summer of 2008 when a member of the public was struck by a pyrotechnic shell in the Village of Ticonderoga during an aerial display.

Requiring certification will insure that only individuals who have demonstrated adequate training and experience in the field will be allowed to be in charge of these displays.

These regulations clarify that firework 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. Penal Law Section 405.00(3) requires two operators; but makes no provision regarding certification of these individuals. These regulations clarify that at least one certified operator (as defined in the regulation) must conduct the fireworks display with the assistance of a sufficient number of authorized assistants (as defined in the regulation) to ensure the safe conduct of the fireworks display. Penal Law Section 405.00(2) provides that the permit application for a fireworks display must contain a verified statement from the applicant identifying the individuals who are authorized to fire the display. Since firing the display is undefined in the statute, these regulations clarify that the firing of the display refers to the actions of the certified operator in issuing a signal to start, or halt, the ignition of fireworks, but does not include the actions of authorized assistants, such as shooters, who ignite fireworks in response to a certified operator's signal.

Cranes: The licensing and certification requirements regarding crane operators was moved from 12 NYCRR Section 23-8.5 to new Part 61. Certification levels were added in accordance with the recommendations of the Board and industry practice. The rule establishes a smaller number of Board members who need to be present at the practical examinations to allow one Board member to review the practical crane operator examination via video rather than requiring all examiners to be physically present at the examination site for all certification levels. This rule also reduces administrative review of initial application denials and clarifies that the Commissioner's final written determination regarding certifications properly exhausts administrative review. These changes will make it easier to schedule the exams and provide timely administrative hearings for denial of renewals, or revocation or suspension of certification, without infringing on the licensees due process rights. The members of the Crane Board serve without salary or other compensation (General Business Law, Section 483(3)). The time estimated to conduct the exams and hearings is approximately 40 days per year. While Board members have been extremely generous in making themselves available for their duties, it is increasingly difficult to find testing and hearing dates when sufficient numbers of the board members are available for tests or hearings given other professional and personal demands on their time. This creates many scheduling difficulties and can create delays for crane operators seeking certification or renewal. The heavy work load and lack of reimbursement incentive has made it difficult to recruit enough Board members. Increasing the required number of members would exacerbate the problem.

Blasters: The licensing and certification requirements regarding blasters was moved from 12 NYCRR Sections [Subparts] 39-5 and 39-7 to new Part 61. These provisions require reasonable and proper guarding against personal injuries to employees and the public in the use and the operation of explosives This regulation is being revised to conform New York state regulations with national safety standards outlined in the National Fire Protection Association, Institute of Makers of Explosives and International Society of Explosive Engineers (hereinafter referred to as the Standards). In developing the proposed amendments, the Department received assistance from industry representatives from throughout the state, which represented both large and small businesses most affected by parts of the code under review. As a result of these meetings, both the Department and industry representatives concluded that these recommendations will improve accountability and actually reduce the risks associated with explosives to blasters and the general public.

The absence of consistency between current New York state regulations and the Standards resulted in a lack of accountability within the industry and also to the general public. The proposed amendments require the certified blaster to maintain records regarding: the blast site; the type of explosives used; the amount, if any, of explosives that were returned to the magazine and the individuals who were present at the site. Additionally, the certified blaster will be responsible for informing the Department of any unusual incidents or events that occur at a blast. Not only are these enhanced measures in line with current industry practices, but they ensure that each certified blaster will be responsible for preserving a comprehensive and accurate record for each blast site. The duty to report and to maintain records will also facilitate the gathering of evidence at an explosive incident which will expedite the investigation conducted by the Department.

The categories of certificate of competence have been increased from three to six. Prior to the creation of these new categories, blasters were required to be competent in all areas of blasting. These new tiers allow blasters to attain levels of expertise and certification that match the type of blasting they will be performing, rather than requiring them to become certified in all categories. These new categories decrease the level of risk to the blaster and the public by ensuring that a blaster is not operating outside his level of expertise. Additionally, certified blasters will be required to complete two continuing education courses during the three year certification period.

Lasers: The licensing and certification requirements for mobile lasers were moved from 12 NYCRR Subpart 50-9 to new Part 61. Minimal revisions to Mobile Laser Operator certifications include:

• Addition of reporting and recordkeeping requirements similar to the other occupations.

• Exemption from investigations of criminal and mental health histories, and limiting physical health history to eye exams.

• Alignment of the regulation with statute, by clarifying that a Laser Examining Board will not be constituted.

4. Costs:

Section 483 of the General Business Law authorizes the Commissioner to determine the costs of the application fees. This amendment imposes no compliance costs upon state or local governments. Since there are no changes to the substantive training hours and certification requirements, there will be no additional costs to crane operators, or laser operators.

Blasters will have an additional cost as they are required to complete two continuing education courses during the three year certification period.

Since the pyrotechnician certification was only recently added to the statute, these provisions establish the fees. The cost to applicants for pyrtotechnician certification will be a one hundred and fifty dollar ($150) non-refundable application fee which will entitle them to be certified for three years. They will also be required to submit and agree to a criminal background check as part of the application process which will cost ninety four dollars and twenty five cents ($94.25). The total cost will be two hundred and forty four dollars and twenty five cents ($244.25) initially and upon renewal every three years.

Additionally, applicants will be required to demonstrate that they had training in safe handling and firing of pyrotechnic displays. Most employers currently provide this training to their staff on an annual basis. The examining board appointed by the commissioner, will develop the requisite criteria and training standards.

The other requirement for certification is experience. Applicants will have to be able to demonstrate that they have three years of practical experience by having worked on displays.

The final requirement will be that the applicant passes a written examination, conducted by an examining board, demonstrating that they do have the knowledge necessary to properly carry out their duties as a pyrotechnician. There will be no additional fee for taking the written examination.

5. Local government mandates:

This rule imposes no additional requirements on local governments; all occupational certifications are the sole responsibility of the Department. Pyrotechnicians must still comply with local laws and obtain applicable permits and variances for shows. For example, the City of New York requires Certificates of Fitness for firework displays (see 3 RCNY Section 113-01(e)(2)(B)).

6. Paperwork:

The paperwork requirements contained in the proposed rule include submission of applications for certification to be submitted to the Department along with consent to criminal background checks and fingerprint cards, medical history waivers, employment histories and proof of training and experience.

The Department will have to develop and complete new documents including application forms and letters to address certification determinations. The Department will also need to develop a data base to process the certificates of compliance. Regarding the duty to report unusual incidents or events, the Department will accept notification by phone calls, fax, email, in person or any other means acceptable to the Commissioner.

7. Duplication:

No duplication of rules was identified. Rather, the general provisions of this regulation provide uniformity for the four occupations, yet does not supersede the specific certification criteria for each of the occupations.

8. Alternatives:

Pyrotechnicians: During rule development the Department conducted two years of policy dialogue with the pyrotechnics industry, including a public forum in Syracuse which resulted in selection by the industry of representatives to work with the Department. The resulting three different classifications of pyrotechnicians depending on the applicants training and certification, rather than the alternative single unrestricted certification was presented to and accepted by the Department. The regulation also reflects various other certification provisions recommended by various stakeholders.

Cranes: The primary alternative is to leave the regulation unchanged. The Department considered the alternative of adding new Board members, to increase the pool of available members for testing and/or hearing panelists. The current regulations provide for the Commissioner of Labor to appoint the Board members and that the Board be comprised of at least three members. The heavy work load and lack of reimbursement incentive has made it difficult to recruit enough Board members. Increasing the required number of members would exacerbate the problem. The Department developed and incorporated into the text the use of a video camera to tape the person taking the examination as an alternative to one board member having to physically be present at the examination. This saves the Board member travel costs and time that can be applied to increase the efficiency of conducting practical examinations and hearings while maintaining the same safety standards.

Blasters: The Department conducted two years of policy dialogue with the explosive industry, including a public forum in Syracuse which resulted in selection of industry representatives to work with the Department. The resulting additional classifications for blasters, rather than leaving it unchanged, is one alternative presented to and accepted by the Department. The regulation also reflects various record keeping and monitoring provisions recommended by various stakeholders.

Lasers: No substantive alternatives to this category were presented or explored.

The proposal also clarifies that the Commissioner may issue restricted use certificates which takes into account an individual's physical limitations or allows for unique circumstances.

9. Federal standards:

There are no federal standards for pyrotechnic displays. There are no federal standards regulating the testing and licensing of crane operators, blasters or laser operators, or administrative hearings relating thereto.

10. Compliance schedule:

The provisions of this amendment will take effect permanently upon notice of adoption to be published in the State Register. The statute for pyrotechnicians became effective on October 4, 2009. The regulation contains provisions to allow individuals, who can otherwise demonstrate compliance with the age, training and experience requirements for certification, to be certified without having to sit for the exam. These individuals will have until the Commissioner determines a schedule for conducting written examinations. After that date, all applicants, except those holding licenses issued by another regulatory entity in accordance with standards comparable to New York State's standards, will be required to pass a written exam. Current blaster certificate holders will have two years to complete the required continuing education courses.

Regulatory Flexibility Analysis

1. Effect of rule:

These regulations accomplish two purposes. One is to standardize the certification process for the various occupations (crane operators, blasters, laser operators, and now, pyrotechnicians) that the Department is charged with regulating. The second is to adopt specific requirements that relate to the issuance of a Pyrotechnician's Certificate of Competence. The requirement for a Pyrotechnician's Certificate of Competence was enacted by Chapter 57 of the Laws of 2009, and amended General Business Law Section 482. These regulations do not impose any new burdens on local governments. All of the requirements for review and issuance of certificates rests with the Department of Labor. Pyrotechnicians who own or work for a pyrotechnic business in New York State will be impacted by the rule, in that the person in charge of each display will have to be certified by the Department. Currently there are approximately 79 businesses outside of New York City that are involved in pyrotechnic displays. Pyrotechnicians, Crane Operators, Blasters and Laser Operators who own or work for businesses in New York State will be impacted by the rule, in that the each of those people in the four specified occupations will have to be certified by the Department. Currently there are approximately 79 Pyrotechnician businesses, 3,500 Crane Operators, 5,000 Laser Operators and 675 Blasters outside of New York City. Most of these would qualify as small businesses. Therefore, the rule may have some economic impact on small businesses.

Chapter 57 amended the General Business Law, the Penal Law and the Labor Law. The amendments to the Penal Law now make it possible for pyrotechnic companies to put on displays for "private" events such as weddings etc. Prior to this change, only public displays of fireworks were allowed. It is expected that this change will increase the number of shows being done on an annual basis thereby having a positive economic impact on these small businesses.

The Crane Operator provisions in this proposal relate to the administration of a crane operator's practical examination and the conduct of hearings regarding a suspension, revocation, and refusal to renew a crane operator's certificate. Currently, regulations already require that a crane operator pass a practical examination before being given a certificate to operate a crane. The Crane Examining Board has established different classifications for a crane operator's certificate of competence. The regulation adds these existing classifications to the crane regulations. The regulations have also been amended to provide that an individual, who is denied a certificate of competence for failing the practical examination, may request a review of the reasons for the denial and will be given a written response. The regulations currently require a hearing under these circumstances which is rather an unusual process for someone failing a practical examination.

The proposed amendments require the certified blaster to maintain records regarding: the blast site; the type of explosives used; the amount, if any, of explosives that were returned to the magazine; and the individuals present at each site. Not only are these enhanced measures in line with current industry practices, but they ensure that each certified blaster will be responsible for preserving a comprehensive and accurate record for each blast site. Additionally, three categories of competence will be added for blasters. These new tiers allow the individual's level of expertise to match the type of blasting they will be performing. It is possible that this will have an advantage to the individual blaster because they only need to be certified in their area of expertise.

The licensing and certification requirements regarding crane operators were moved from 12 NYCRR Section 23-8.5 to new Part 61. The licensing and certification requirements for blasters were moved from 12 NYCRR Sections [Subparts 39-5 and 39-7] 39.5 and 39.7 to new Part 61. The licensing and certification requirements for mobile lasers were moved from 12 NYCRR [Subpart] Section 50.9 [50-9] to new Part 61.

2. Compliance requirements:

There are no requirements for local governments associated with this rule. In order to receive a certificate, an individual is required to prove that they are competent in their area of expertise. For example, small businesses will now be required to hire at least one certified pyrotechnician to be in overall charge of each display. Each pyrotechnician must comply with the rule by obtaining Certification from the Department of Labor. They will also be required to submit to a criminal background check as part of the application process, demonstrate that they have had training in safe handling and firing of pyrotechnic displays, practical experience by having worked on displays and must pass a written examination.

The Crane Examining Board has established different classifications for a crane operator's certificate of competence. The regulation merely adds these existing classifications to the crane regulations. These regulations are intended to facilitate the testing of individuals seeking crane operator certificates.

Additionally, three categories of competence will be added for blasters. These new categories allow the individual's level of expertise to match the type of blasting they will be performing. It is possible that this will have an advantage to the individual blaster because they only need to be certified in their area of expertise.

There are no substantive changes for laser operators except the addition of reporting and recordkeeping requirements similar to that of the other certified occupations; exemption from investigations of criminal and mental health histories, and limiting physical health history to eye exams; and changing some language to conform the regulation with statute by clarifying that a Laser Examining Board will not be constituted.

3. Professional services:

The only required professional services associated with this regulation are those of the pyrotechnician created by the regulation.

4. Compliance costs:

This amendment imposes no compliance costs on the state[s] or local governments. There will be no additional costs to crane operators, blasters or laser operators for certifications. The certifications issued under this regulation are individual occupational certifications. The cost of compliance is borne by the employee not the business or government. Blasters will have an additional cost for completing two education courses prior to renewing their ceritificates.

Since the pyrotechnician certification was only recently added to the statute, these provisions establish the fees. The application fee to obtain a three year certification is one hundred and fifty dollars ($150). An individual will also be required to submit and agree to a criminal background check as part of the application process which will cost ninety four dollars and twenty five cents ($94.25). The total cost will be two hundred and forty four dollars and twenty five cents ($244.25) [224.25] initially and upon renewal every three years. It is possible that there may be some positive impact on wages for these licensed individuals but that will remain to be determined by the marketplace.

5. Economic and technological feasibility:

No undue economic or technological requirements are imposed by this rule.

6. Minimizing adverse impact:

This rule will have no adverse impact on local governments because the certification is an individual licensing requirement. These regulations provide a procedure for obtaining certification and the requirements for licensing. The cost of the license is borne by the employee not the business or the government. The review and issuance of certificates for these various occupations is the sole responsibility of the Department. All certificate holders must still comply with local laws and obtain applicable permits and variances.

Pyrotechnicians who own or work for a pyrotechnic business in New York State will be impacted by the rule, in that the person in charge of each display will have to be certified by the Department. The Department was able to minimize adverse impacts on individuals applying for a pyrotechnician's certification by allowing a certificate to be issued to any individual who files an application prior to the Commissioner's determination of a schedule for conducting written examinations, providing that each applicant can establish proof of at least three years of actual experience as an operator on the types of shows covered by the particular classification for which the applicant applies. These applicants may be required to take and successfully pass an appropriate written examination before renewing their certificates. Additionally, the three classifications of certificates of competence may minimize training and experience for pyrotechnicians who choose to specialize in one category, rather seek certification in all categories. The proposal also reflects the statutory change allowing private pyrotechnic shows, which provides increased flexibility to the industry, and is expected to increase the number of shows being done.

For Blasters, three categories of competence will be added, providing flexibility for blasters who specialize in different levels of blasting. Furthermore, the new classifications of certificates of competence will minimize training and experience for blasters who choose to specialize in one category. In addition, blasters are required to take two educational courses for initial certification, and, under this proposal, they also need to take two training courses prior to each renewal. The Department notes that some certified blasters are too close to the certification renewal date to have enough time to take these courses. Instead of denying the renewal, the Department intends to offer flexibility to those blasters by issuing the renewed certification under a temporary variance. The variance will allow certified blasters to continue working while they complete the required courses within two years, prior to the next renewal date.

The Crane Examining Board is responsible for witnessing practical tests for Crane Operators. Since the members of the Board are not always readily available for this duty, the proposal offers flexibility to them by allowing a review of a video taped test rather than requiring all reviewers to be physically present at the practical exam. That change will also make scheduling exams more efficient thereby minimizing delays. The regulations have also been amended to provide that an individual, who is denied a certificate of competence for failing the practical examination, may request a review of the reasons for the denial and will be given a written response.

There are no substantive compliance changes for laser operators except for the addition of reporting and record keeping requirements similar to the other three certified occupations.

7. Small businesses and local government participation:

The Department has done extensive outreach with respect to blasters and pyrotechnicians while developing this regulation. It began two years ago with a public forum in Syracuse where members of the explosives industry were invited to discuss reforms to the Department's existing regulations regarding pyrotechnicians and blasters. As a result of these meetings, it became apparent that there was a need to certify pyrotechnicians and that new categories were required for blasters. At the conclusion of the meeting the Department requested that individuals be selected to act as industry representatives. These individuals worked with the Department in developing and revising the existing statutes and regulations. These proposals are a result of the recommendations developed by that workgroup.

Rural Area Flexibility Analysis

1. Types and estimated numbers.

It is expected that the requirement to certify pyrotechnicians may have some economic impact on rural areas. The person in charge of each display will have to be certified by the Department. Currently there are approximately 79 businesses outside of New York City that are involved in pyrotechnic displays. Most of these would qualify as small businesses, some of which may be located in rural areas.

2. Reporting, recordkeeping and other compliance requirements; and professional services.

The only additional reporting, recordkeeping or other compliance requirements on public or private entities in this rule making will be that all certified individuals will be required to report unusual incidents or events. The Department will accept notification by phone calls, fax, email, in person or any other means acceptable to the Commissioner. Additionally, the proposed amendments require certified blasters to maintain records regarding: each blast site; the type of explosives used; the amount, if any, of explosives that were returned to the magazine; and the individuals present.

There are no requirements for rural local governments associated with this rule. Small businesses located in rural areas will be required to hire or contract with at least one certified pyrotechnician in charge of each display.

3. Costs.

The certifications issued under this regulation are individual occupational certifications. This amendment imposes no compliance costs upon state or local governments. There are no additional costs to crane operators or laser operators. Blasters will have an additional cost as they are required to complete two continuing education courses during the three year certification period. Since the pyrotechnician certification was only recently added to the statute, these provisions establish the fees. Pyrotechnicians located in rural areas will need to become certified. . The application fee to obtain a three year certification is one hundred and fifty dollar ($150). An individual will also be required to submit and agree to a criminal background check as part of the application process which will cost ninety four dollars and twenty five cents ($94.25). The total cost will be two hundred and forty four dollars and twenty five cents ($224.25) initially and upon renewal every three years. It is possible that there may be some positive impact on wages for these licensed individuals but that will remain to be determined by the marketplace.

4. Minimize adverse impact.

This rule should have no adverse economic impact on rural areas.

5. Rural area participation.

In developing the proposed regulation with respect to pyrotechnicians and blasters, the Department sought assistance from the explosives industry, which included rural areas. It began two years ago with a public forum in Syracuse where members of the industry were invited to discuss reforms to the Departments existing regulations. At the conclusion of the meeting, the Department requested that individuals be selected to act as industry representatives. These individuals worked with the Department in developing and revising the existing statutes and regulations.

Job Impact Statement

1. Nature of impact:

It is apparent from the nature and purpose of the rule that it will not have a substantial adverse impact on jobs or employment opportunities, therefore no Job Impact Analysis is required. The certifications issued under this regulation are individual occupational certificates. It is possible that there may be some positive impact on wages for these licensed individuals. The regulation requires that the person in charge of a pyrotechnic display be certified to ensure that they have the necessary training and experience to properly set up and carry out pyrotechnic displays. This certification requirement was enacted into law by Chapter 57 of the Laws of 2009 and is effective on October 4, 2009.

2. Categories and numbers of jobs or self-employment opportunities affected:

Currently, approximately 79 businesses in New York State are involved in pyrotechnic displays. Some are manufactures, some are display companies and some are a combination of both. Pyrotechnicians who own or work for a pyrotechnic business in New York State will be affected by the rule, in that the person in charge of each pyrotechnic display will have to be certified by the Department.

3. Regions of the state where there would be a disproportionate adverse impact:

None.