License application - Evidence of qualifications for business supervisor - Required criminal history, photograph and fingerprints – Definitions.

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A. Any person applying for a license to engage in a fire extinguisher industry business pursuant to the Fire Extinguisher Licensing Act shall provide evidence to the Fire Extinguisher Industry Committee that the individual within this state having direct supervision over the function and local operations of the fire extinguisher industry business or a branch thereof has the following qualifications:

1. The individual is at least twenty-one (21) years of age;

2. The individual has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease;

3. The individual is not a habitual user of intoxicating liquors or habit-forming drugs;

4. The individual has not been discharged from the Armed Services of the United States under other than honorable conditions; and

5. The individual meets such other standards as may be established by the State Fire Marshal Commission relating to experience or knowledge of the fire extinguisher industry.

B. The applicant shall advise the Committee and furnish full information on each individual described in subsection A of this section of any conviction of a felony crime which substantially relates to the occupation of an individual in a fire extinguisher industry business and poses a reasonable threat to public safety for which a full pardon has not been granted. The applicant shall furnish a recent photograph of a type prescribed by the Committee and two classifiable sets of fingerprints of such individual.

C. As used in this section:

1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

Added by Laws 2007, c. 188, § 11, eff. Nov. 1, 2007. Amended by Laws 2013, c. 111, § 8, eff. Nov. 1, 2013; Laws 2019, c. 363, § 60, eff. Nov. 1, 2019.


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