Do your cities competitive bid contracts for operators to put on fireworks (pyrotechnic) displays (for 4th of July)? Or are you considering these to be professional services? The operators are licensed by the State Fire Marshall, and while they certainly need some level of technical knowledge, it is not a field that requires higher education. Below are the requirements to be an operator under state statute, I don't think these qualify as professional services but would welcome any thoughts to the contrary or confirmation of my analysis.

Title 68. Revenue and Taxation
[cid:image001.gif@01DA8684.73EAE570] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST68#Chapter1-TaxCodes Chapter 1 - Tax Codes
[cid:image001.gif@01DA8684.73EAE570] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST68#Article16-Fireworks Article Article 16 - Fireworks
[cid:image002.gif@01DA8684.73EAE570] Section 1640 - Program for Licensure of Outdoor Display Operators
Cite as: O.S. §, __ __

A. The State Fire Marshal shall establish a program for licensure of outdoor display operators. To receive licensure, an individual shall apply for licensure to the State Fire Marshal on a form to be prescribed by the State Fire Marshal, shall be at least twenty-one (21) years of age and shall not have been convicted of or pled guilty or nolo contendere to any state or federal felony, and shall show that the applicant has worked under complete supervision on at least three displays in the three (3) years immediately preceding the application. In addition, an applicant shall meet the following requirements:

1. Complete eight (8) hours of classroom and hands-on training;
2. Take and pass a written examination approved by and conducted under the auspices of the State Fire Marshal that tests outdoor operator knowledge; and
3. Pay a license fee not to exceed Seventy-five Dollars ($75.00), to be deposited in the State Fire Marshal Revolving Fund.
   B. The State Fire Marshal shall establish the scope and type of curriculum and examinations required by subsection A of this section, and may require applicants to take a test created by a nationally recognized pyrotechnic association. The State 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 State Fire Marshal may set by rule and collect a reasonable fee calculated to cover the costs of classroom instruction and administering the test. Written tests may be supplemented by practical tests or demonstrations deemed necessary to determine the skill and ability of the applicant. The content, type, frequency, and location of the training and testing shall be designated by the State Fire Marshal.

Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

We bid our fireworks display out to third parties. I might suggest framing your bids to that allow your governing body to consider different options (15 minute, 20 minute display, etc.). The prices widely vary and we had proposals where a 20 minute show from one vendor was less expensive than a 15 minute show from another vendor. It allowed our Council to obtain a better product by having greater flexibility to consider multiple options from each vendor.

Brad

On Apr 4, 2024, at 11:37 AM, Teresa Nowlin via Oama <oama@lists.imla.org> wrote:

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div.WordSection1 { page: WordSection1; }Do your cities competitive bid contracts for operators to put on fireworks (pyrotechnic) displays (for 4th of July)? Or are you considering these to be professional services? The operators are licensed by the State Fire Marshall, and while they certainly need some level of technical knowledge, it is not a field that requires higher education. Below are the requirements to be an operator under state statute, I don’t think these qualify as professional services but would welcome any thoughts to the contrary or confirmation of my analysis.

Title 68. Revenue and Taxation  <image001.gif> Chapter 1 - Tax Codes <image001.gif> Article Article 16 - Fireworks <image002.gif> Section 1640 - Program for Licensure of Outdoor Display Operators Cite as: O.S. §, __ __

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A. The State Fire Marshal shall establish a program for licensure of outdoor display operators. To receive licensure, an individual shall apply for licensure to the State Fire Marshal on a form to be prescribed by the State Fire Marshal, shall be at least twenty-one (21) years of age and shall not have been convicted of or pled guilty or nolo contendere to any state or federal felony, and shall show that the applicant has worked under complete supervision on at least three displays in the three (3) years immediately preceding the application. In addition, an applicant shall meet the following requirements:

1. Complete eight (8) hours of classroom and hands-on training;

2. Take and pass a written examination approved by and conducted under the auspices of the State Fire Marshal that tests outdoor operator knowledge; and

3. Pay a license fee not to exceed Seventy-five Dollars ($75.00), to be deposited in the State Fire Marshal Revolving Fund.

B. The State Fire Marshal shall establish the scope and type of curriculum and examinations required by subsection A of this section, and may require applicants to take a test created by a nationally recognized pyrotechnic association. The State 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 State Fire Marshal may set by rule and collect a reasonable fee calculated to cover the costs of classroom instruction and administering the test. Written tests may be supplemented by practical tests or demonstrations deemed necessary to determine the skill and ability of the applicant. The content, type, frequency, and location of the training and testing shall be designated by the State Fire Marshal.

Teresa Nowlin | City Attorney

City of Jenks

211 North Elm | P.O Box 2007 | Jenks, OK 74037

918-299-5883 Office

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