There is a newer version of the New York Consolidated Laws
2006 New York Code - Certificates Of Fitness.
§ 27-4014 Certificates of fitness. a. Qualifications. An applicant for a certificate of fitness must: 1. Be at least 18 years of age; provided, however, that an applicant for a certificate of fitness required by this chapter or rules of the department for transporting explosives, petroleum, shale oil, the liquid products of petroleum or shale oil or coal tar, volatile flammable oil, any other combustible or flammable mixtures, gas under pressure or flammable motion picture film must be at least 21 years of age; 2. Have a reasonable understanding of the English language and be able to answer satisfactorily such questions as may be asked such applicant upon his or her examination; 3. Produce such evidence of his or her character, habits and past employment as may be satisfactory to the commissioner; 4. Pass an examination, by a person or body designated by the commissioner, upon the regulations governing the transportation, storage and use of the substance, compound or article relating to or connected with the service to be performed by such applicant; upon the risks incident to his or her employment, and upon his or her knowledge of the precautions necessary to be taken in connection therewith; provided, however, that such examination may be waived at the discretion of the commissioner upon applications for renewals of such certificates. Upon the approval of such examiner or examining body, the commissioner may issue to such applicant a certificate of fitness. An applicant for such certificate, who has failed to pass a satisfactory examination may renew his or her application after the expiration of three months from the date of his or her last examination; 5. In addition to the foregoing requirements, an applicant for an original certificate of fitness as a blaster, must present satisfactory evidence of experience in handling high explosives, either as a blaster or a blaster's helper, for a period of not less than two years and must show that he or she is properly qualified to perform the duties of a blaster. b. Photographs. Each application for such a certificate required pursuant to subchapters four and six of this chapter shall be accompanied with two unmounted photographs of the applicant, taken in ordinary working clothes, not less than two by three inches, one of which shall be attached to the application, the other to the certificate of fitness when issued. c. The commissioner shall require that applicants for certificates as blasters, explosive handlers, magazine keepers and pyrotechnists required under subchapters four and six of this chapter or for renewal thereof be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. Such applicant shall pay a processing fee as required by the state division of criminal justice services. Notwithstanding the foregoing, the commissioner need not require applicants for certificates of fitness as blasters, explosive handlers, magazine keepers and pyrotechnists or for renewal thereof to be fingerprinted if criminal history records concerning such applicants are not available from the state division of criminal justice services. d. An applicant for a certificate of fitness or a holder of such certificate shall be afforded notice and an opportunity to be heard prior to the exercise by the commissioner of the power to refuse to issue or renew, or suspend or revoke such certificate of fitness on the basis that such applicant or holder has been convicted of a crime or has engaged in conduct which, in the judgment of the commissioner, indicates that such person is not fit or able to perform any of the activities for which such certificate of fitness is required.
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