27-97.2 - Issuance of permit; background investigations. - Virginia Statutes

§ 27-97.2. Issuance of permit; background investigations.

A. The State Fire Marshal or other issuing authority shall consider allpermit applications for manufacturing, storage, handling, use or sales ofexplosives and applications for certification as a blaster or as a fireworksoperator or pyrotechnician, and may grant a valid permit or certification toapplicants who meet the criteria established in the Statewide Fire PreventionCode. The State Fire Marshal shall require a background investigation, toinclude a national criminal history record information check, of allindividual applicants and all designated persons representing an applicantthat is not an individual, for a permit to manufacture, store, handle, use orsell explosives, and for any applicant for certification as a blaster or as afireworks operator or pyrotechnician. Each such applicant shall submit hisfingerprints to the State Fire Marshal on a form provided by the State FireMarshal and provide personal descriptive information to be forwarded alongwith the applicant's fingerprints through the Central Criminal RecordsExchange to the Federal Bureau of Investigation for the purpose of obtaininga national criminal history record check regarding such applicant. Any firmor company manufacturing, storing, using, or selling explosives shall provideto the enforcement agency, the State Fire Marshal or other issuing authoritythe name of a representative responsible for (i) ensuring compliance withstate law and regulations relating to blasting agents and explosives and (ii)applying for permits. The State Fire Marshal or other issuing authority shalldeny any application for a permit or for certification as a blaster or as afireworks operator or pyrotechnician if the applicant or designated personrepresenting an applicant has been convicted of any felony, whether suchconviction occurred under the laws of the Commonwealth, or any other state,the District of Columbia, the United States or any territory thereof, unlesshis civil rights have been restored by the Governor or other appropriateauthority. The provisions of this section shall not apply to themanufacturing, storage, handling, use or sales of permissible fireworks or inconnection with any fireworks display conducted by a volunteer firedepartment provided one member of the volunteer fire department holds a validcertification.

B. No permit under this section shall be required of any person holding acertification or permit issued pursuant to the provisions of Title 45.1.

(2000, cc. 951, 1065; 2007, cc. 647, 741; 2010, cc. 587, 643.)