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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