Illinois General Assembly - Full Text of Public Act 093-0263
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Public Act 093-0263


 

Public Act 93-0263 of the 93rd General Assembly


Public Act 93-0263

HB1482 Enrolled                      LRB093 07785 AMC 07974 b

    AN ACT in relation to fireworks.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.  This  Act may be cited as the
Pyrotechnic Operator Licensing Act.

    Section 5.  Definitions. In this Act:
    "Display  fireworks"  means  any  substance  or   article
defined  as  a  Division  1.3G or 1.4 explosive by the United
States Department of  Transportation  under  49  CFR  173.50,
except  a  substance  or article exempted under the Fireworks
Use Act.
    "Fireworks" has the meaning given to  that  term  in  the
Fireworks Use Act.
    "Lead  pyrotechnic  operator"  means  the individual with
overall responsibility for the safety, setup, discharge,  and
supervision of a pyrotechnic display.
    "Office" means Office of the State Fire Marshal.
    "Person"   means   an   individual,   firm,  corporation,
association, partnership, company, consortium, joint venture,
commercial  entity,   state,   municipality,   or   political
subdivision   of  a  state  or  any  agency,  department,  or
instrumentality of the United States and any officer,  agent,
or employee of these entities.
    "Pyrotechnic  display" or "display" means the detonation,
ignition, or deflagration of display fireworks to  produce  a
visual or audible effect of an exhibitional nature before the
public,   invitees,   or  licensees,  regardless  of  whether
admission is charged.

    Section 10.  License; enforcement. No person may act as a
lead pyrotechnic operator, or  advertise  or  use  any  title
implying  that  the  person  is  a lead pyrotechnic operator,
unless licensed by the Office under this Act. An out-of-state
person hired for or engaged in  a  pyrotechnic  display  must
have  a  person licensed under this Act as a lead pyrotechnic
operator supervising the display.  The State Fire Marshal, in
the name of the People, through  the  Attorney  General,  the
State's Attorney of any county, any resident of the State, or
any  legal  entity  within the State may apply for injunctive
relief in any court to enjoin any person  who  has  not  been
issued  a  license  or  whose  license  has  been  suspended,
revoked, or not renewed, from practicing a licensed activity.
Upon  filing  a  verified  petition  in  court, the court, if
satisfied by affidavit, or otherwise, that the person  is  or
has  been  practicing  in  violation of this Act, may enter a
temporary  restraining  order  or   preliminary   injunction,
without bond, enjoining the defendant from further unlicensed
activity.  A  copy  of the verified complaint shall be served
upon the defendant and the proceedings are to be conducted as
in  other  civil  cases.  The  court  may  enter  a  judgment
permanently enjoining a  defendant  from  further  unlicensed
activity  if it is established that the defendant has been or
is practicing in violation of this Act. In case of  violation
of  any  injunctive  order  or  judgment  entered  under this
Section, the court may summarily try and punish the  offender
for contempt of court. Injunctive proceedings are in addition
to all penalties and other remedies in this Act.

    Section  15.  Deposit  of  fees. All fees collected under
this Act shall be deposited into the Fire Prevention Fund.

    Section 30.  Rules. The State Fire  Marshal  shall  adopt
all  rules  necessary to carry out its responsibilities under
this Act including rules requiring the training, examination,
and licensing of lead pyrotechnic operators  engaging  in  or
responsible  for the handling and use of Division 1.3G (Class
B) and 1.4 (Class C) explosives. The test  shall  incorporate
the  rules  of  the  State Fire Marshal, which shall be based
upon nationally recognized standards such  as  those  of  the
National  Fire  Protection Association (NFPA) 1123 guidelines
for outdoor displays and NFPA 1126 for indoor  displays.  The
Fire  Marshal shall adopt rules as required for the licensing
of a lead pyrotechnic operator  involved  in  an  outdoor  or
indoor pyrotechnic display.

    Section 35.  Licensure requirements and fees.
    (a)  Each  application  for  a  license to practice under
this Act shall be in writing and signed by the  applicant  on
forms  provided  by  the  Office.  The  Office shall have the
testing  procedures  for  licensing  as  a  lead  pyrotechnic
operator developed by October 1, 2004.
    (b)  After April 1, 2005, all pyrotechnic displays,  both
indoor  and  outdoor,  must  comply with the requirements set
forth in this Act.
    (c)  After April 1, 2005, no individual may act as a lead
operator in a pyrotechnic display without first applying  for
and  obtaining a lead pyrotechnic operator's license from the
Office. The Office shall establish separate licenses for lead
pyrotechnic operators  for  indoor  and  outdoor  pyrotechnic
displays. Applicants for a license must:
         (1)  Pay the fees set by the Office.
         (2)  Have   the  requisite  training  or  continuing
    education as established in the Office's rules.
         (3)  Pass the examination presented by the Office.
    (d)  A person is qualified to  receive  a  license  under
this  Act  if  the  person meets all of the following minimum
requirements:
         (1)  Is at least 21 years of age.
         (2)  Has not willfully violated  any  provisions  of
    this Act.
         (3)  Has  not  made  any  material  misstatement  or
    knowingly  withheld  information  in  connection with any
    original or renewal application.
         (4)  Has  not  been  declared  incompetent  by   any
    competent  court  by reasons of mental or physical defect
    or disease unless a court has since declared  the  person
    competent.
         (5)  Does  not have an addiction to or dependency on
    alcohol or drugs that is likely to endanger the public at
    a pyrotechnic display.
         (6)  Has not been convicted in any  jurisdiction  of
    any felony within the prior 5 years.
         (7)  Is not a fugitive from justice.
    (e)  A  person  is qualified to assist a lead operator if
the person meets all of the following minimum requirements:
         (1)  Is at least 18 years of age.
         (2)  Has not willfully  violated  any  provision  of
    this Act.
         (3)  Has   not  been  declared  incompetent  by  any
    competent court by reasons of mental or  physical  defect
    or  disease  unless a court has since declared the person
    competent.
         (4)  Does not have an addiction to or dependency  on
    alcohol or drugs that is likely to endanger the public at
    a pyrotechnic display.
         (5)  Has  not  been convicted in any jurisdiction of
    any felony within the prior 5 years.
         (6)  Is not a fugitive from justice.

    Section  40.  Fingerprint  card;  fees.  The  Office  may
require each applicant to file with his or her application  a
fingerprint  card  in  the  form  and  manner required by the
Department of State Police to enable the Department of  State
Police to conduct a criminal history check on the applicant.
    The  Office  may  require  each  applicant  to submit, in
addition  to  the  license  fee,  a  fee  specified  by   the
Department  of State Police for processing fingerprint cards,
which may be made payable to the State Police  Services  Fund
and  shall  be remitted to the Department of State Police for
deposit into that Fund.

    Section   45.  Investigation.   Upon   receipt   of    an
application,  the Office shall investigate the eligibility of
the applicant.  The  Office  has  authority  to  request  and
receive  from any federal, state or local governmental agency
such information and assistance as will enable  it  to  carry
out  its  powers and duties under this Act. The Department of
State Police shall cause the fingerprints of  each  applicant
to  be compared with fingerprints of criminals filed with the
Department of State Police or with  federal  law  enforcement
agencies maintaining official fingerprint files.

    Section   50.  Issuance   of   license;   renewal;   fees
nonrefundable.
    (a)  The   Office,   upon  the  applicant's  satisfactory
completion of the requirements imposed  under  this  Act  and
upon   receipt   of  the  requisite  fees,  shall  issue  the
appropriate license showing the name, address, and photograph
of the licensee and the dates of issuance and expiration.
    (b)  Each licensee may apply for renewal of  his  or  her
license  upon  payment of the applicable fees. The expiration
date and renewal period for each license  issued  under  this
Act  shall be set by rule. Failure to renew within 60 days of
the expiration date results in lapse of the license. A lapsed
license may not be reinstated until a written application  is
filed,  the  renewal  fee  is paid, and the reinstatement fee
established by the Office is paid. Renewal and  reinstatement
fees  shall  be waived for persons who did not renew while on
active duty in the military  and  who  file  for  renewal  or
restoration within one year after discharge from the service.
A  lapsed  license  may  not be reinstated after 5 years have
elapsed except  upon  passing  an  examination  to  determine
fitness  to  have  the  license  restored  and  by paying the
required fees.
    (c)  All fees paid under this Act are nonrefundable.

    Section 55.  Insufficient funds checks. Any person who on
2 occasions issues or delivers a check or other order to  the
Office  that is not honored by the financial institution upon
which it is drawn because of insufficient  funds  on  account
shall pay to the Office, in addition to the amount owing upon
the check or other order, a fee of $50. If the check or other
order was issued or delivered in payment of a renewal fee and
the  licensee  whose license has lapsed continues to practice
without paying the renewal fee and the $50 fee required under
this Section, an  additional  fee  of  $100  is  imposed  for
practicing  without  a current license. The Office may revoke
or refuse to issue the license or licenses of any person  who
fails to pay the requisite fees.

    Section  60.  Conditions  of  renewal; change of address;
duplicate license; inspection.
    (a)  As a condition of renewal of a license,  the  Office
may  require the licensee to report information pertaining to
the person's practice in relation to this Act that the Office
determines to be in the interest of public safety.
    (b)  A licensee shall report a change in home  or  office
address within 10 days of the change.
    (c)  The  licensee  shall carry his or her license at all
times when engaging in pyrotechnic display activity.
    (d)  If a license or certificate  is  lost,  a  duplicate
shall  be  issued  upon  payment  of  the  required fee to be
established by the Office. If a licensee wishes to change his
or her name, the Office shall issue a license in the new name
upon satisfactory proof that the change of name was  done  in
accordance with law and upon payment of the required fee.
    (e)  Each  licensee shall permit his or her facilities to
be inspected by representatives of the Office for the purpose
of administering this Act.

    Section 65.  Grounds for discipline. Licensees subject to
this Act shall conduct their practice in accordance with this
Act and the rules promulgated under this Act. A  licensee  is
subject  to  disciplinary sanctions enumerated in this Act if
the State Fire Marshal finds that the licensee is  guilty  of
any of the following:
         (1)  Fraud  or  material  deception  in obtaining or
    renewing a license.
         (2)  Engaging   in   dishonorable,   unethical,   or
    unprofessional conduct of a character likely to  deceive,
    defraud, or harm the public in the course of professional
    services or activities.
         (3)  Conviction  of any crime that has a substantial
    relationship to his  or  her  practice  or  an  essential
    element  of  which is misstatement, fraud, dishonesty, or
    conviction in this or another state of any crime that  is
    a  felony  under  the laws of Illinois or conviction of a
    felony  in  a  federal   court,   unless   the   licensee
    demonstrates   that  he  or  she  has  been  sufficiently
    rehabilitated to warrant the public trust.
         (4)  Performing any service in a  grossly  negligent
    manner  or  permitting any licensed employee to perform a
    service in a  grossly  negligent  manner,  regardless  of
    whether   actual  damage  or  damage  to  the  public  is
    established.
         (5)  Addiction to or dependency on alcohol or  drugs
    or use of alcohol or drugs that is likely to endanger the
    public at a pyrotechnic display.
         (6)  Willfully    receiving   direct   or   indirect
    compensation for any professional  service  not  actually
    rendered.
         (7)  Having disciplinary action taken against his or
    her license in another state.
         (8)  Making   differential   treatment  against  any
    person to his or her detriment because  of  race,  color,
    creed, sex, religion, or national origin.
         (9)  Engaging in unprofessional conduct.
         (10)  Engaging in false or misleading advertising.
         (11)  Contracting  or assisting an unlicensed person
    to perform services for which a license is required under
    this Act.
         (12)  Permitting the use of his or  her  license  to
    enable  an  unlicensed  person  or agency to operate as a
    licensee.
         (13)  Performing and charging for a service  without
    having  the authorization to do so from the member of the
    public being served.
         (14)  Failure to comply with any provision  of  this
    Act or the rules promulgated under this Act.
         (15)  Conducting  business  regulated  by  this  Act
    without a currently valid license.

    Section 75.  Formal charges; hearing.
    (a)  The   Office  may  file  formal  charges  against  a
licensee. The formal charges, at a minimum, shall inform  the
licensee  of  the  specific  facts  that are the basis of the
charge to enable the licensee to defend himself or herself.
    (b)  Each licensee whose conduct  is  the  subject  of  a
formal  charge  that  seeks  to  impose  disciplinary  action
against  the  licensee  shall  be served notice of the formal
charge at least 30 days before the date of the  hearing.  The
hearing  shall  be  presided  over by the Office or a hearing
officer authorized by  the  Office  in  compliance  with  the
Illinois  Administrative  Procedure  Act.  Service  shall  be
considered  to  have  been given if the notice was personally
received  by  the  licensee  or  if  the  notice  was  mailed
certified,  return  requested,  to  the   licensee   at   the
licensee's last known address as listed with the Office.
    (c)  The  notice  of  a formal charge shall consist, at a
minimum, of the following information:
         (1)  The time and date of the hearing.
         (2)  A  statement  that  the  licensee  may   appear
    personally  at  the  hearing  and  may  be represented by
    counsel.
         (3)  A statement that the licensee has the right  to
    produce  witnesses  and evidence in his or her behalf and
    the  right  to  cross-examine  witnesses   and   evidence
    produced against him or her.
         (4)  A  statement  that  the  hearing  can result in
    disciplinary  action  being  taken  against  his  or  her
    license.
         (5)  A statement that rules for the conduct of these
    hearings exist and that it may be  in  his  or  her  best
    interest to obtain a copy.
         (6)  A statement that the hearing officer authorized
    by the Office shall preside at the hearing and, following
    the  conclusion  of  the  hearing, make findings of fact,
    conclusions  of  law,  and  recommendations,   separately
    stated,  to the Office as to what disciplinary action, if
    any, should be imposed on the licensee.
         (7)  A statement that the Office  may  continue  the
    hearing.
    (d)  The  Office or the hearing officer authorized by the
Office shall hear evidence produced in support of the  formal
charges  and  contrary  evidence produced by the licensee, if
any. If the hearing is conducted by a hearing officer, at the
conclusion of the hearing, the  hearing  officer  shall  make
findings  of  fact,  conclusions of law, and recommendations,
separately stated, and submit them to the Office and  to  all
parties  to  the proceeding. Submission to the licensee shall
be considered as having  been  made  if  done  in  a  similar
fashion as service of the notice of formal charges. Within 20
days  after  the  service,  any  party  to the proceeding may
present to the Office a motion, in writing, for a  rehearing.
The  written  motion shall specify the particular grounds for
the rehearing.
    (e)  The Office, following the time allowed for filing  a
motion  for  rehearing,  shall  review  the hearing officer's
findings of fact, conclusions of  law,  recommendations,  and
any  motions filed subsequent to the hearing. After review of
the information  the  Office  may  hear  oral  arguments  and
thereafter  issue  an  order. The report of findings of fact,
conclusions  of  law,  and  recommendations  of  the  hearing
officer shall be the basis for the  Office's  order.  If  the
Office  finds  that  substantial justice was not done, it may
issue an order in  contravention  of  the  hearing  officer's
findings.
    (f)  All  proceedings  under  this Section are matters of
public record and  a  record  of  the  proceedings  shall  be
preserved.

    Section 80.  Sanctions.
    (a)  The   Office  shall  impose  any  of  the  following
sanctions, singularly or in combination, when it finds that a
licensee or applicant is guilty of any offense  described  in
this Act:
         (1)  revocation;
         (2)  suspension for any period of time;
         (3)  reprimand or censure;
         (4)  place  on  probationary  status and require the
    submission of any of the following:
              (i)  report  regularly  to  the   Office   upon
         matters that are the basis of the probation;
              (ii)  continue  or renew professional education
         until  a  satisfactory  degree  of  skill  has  been
         attained in those areas that are the  basis  of  the
         probation; or
              (iii)  such  other  reasonable  requirements or
         restrictions as are proper;
         (5)  refuse to issue, renew, or restore; or
         (6)  revoke probation  that  has  been  granted  and
    impose  any  other discipline in this subsection (a) when
    the requirements of probation have not been fulfilled  or
    have been violated.
    (b)  The  State  Fire  Marshal  may  summarily  suspend a
license under this Act,  without  a  hearing,  simultaneously
with  the  filing  of  a  formal  complaint  and notice for a
hearing provided under this Section if the State Fire Marshal
finds that the continued operations of the  individual  would
constitute  an  immediate  danger to the public. In the event
the  State  Fire  Marshal  suspends  a  license  under   this
subsection,  a  hearing  by the hearing officer designated by
the State Fire Marshal shall begin within 20 days  after  the
suspension  begins,  unless  continued  at the request of the
licensee.
    (c)  Disposition may be made of any formal  complaint  by
consent   order  between  the  State  Fire  Marshal  and  the
licensee, but the Office must be apprised of the full consent
order in a timely way.
    (d)  The Office  shall  reinstate  any  license  to  good
standing  under  this Act, upon recommendation to the Office,
after a hearing before the hearing officer authorized by  the
Office.  The  Office  shall be satisfied that the applicant's
renewed practice is not contrary to the public interest.
    (e)  The Office may conduct hearings and issue cease  and
desist  orders to persons who engage in activities prohibited
by this Act without having a valid license,  certificate,  or
registration.  Any  person in violation of a cease and desist
order entered by the Office is subject to all of the remedies
provided by law, and in  addition,  is  subject  to  a  civil
penalty payable to the party injured by the violation.

    Section  85.  Subpoena;  production of evidence; records;
administrative review; license suspension; revocation.
    (a)  The Office has  the  power  to  subpoena  and  bring
before  it  any  person  in  this State and to take testimony
either orally or by deposition, or both, with the  same  fees
and  mileage  and  in the same manner as is prescribed by law
for judicial proceedings  in  civil  cases.  The  State  Fire
Marshal,  the Office, and the hearing officer approved by the
Office, have the power to administer  oaths  at  any  hearing
that the Office is authorized to conduct.
    (b)  Any  circuit  court,  upon  the  application  of the
licensee, the Office, or the State Fire  Marshal,  may  order
the  attendance  of  witnesses and the production of relevant
books and papers in any hearing under this Act. The court may
compel obedience to its order by proceedings for contempt.
    (c)  The  Office  of  the  State  Fire  Marshal,  at  its
expense,  shall  provide  a  stenographer  or  a   mechanical
recording  device  to  record  the  testimony  and preserve a
record of all proceedings at the hearing of any case in which
a license may be revoked, suspended, placed  on  probationary
status, or other disciplinary action taken with regard to the
license.  The  notice  of  hearing,  complaint, and all other
documents in the nature  of  pleadings  and  written  motions
filed  in  the  proceedings, the transcript of testimony, the
report of the hearing officer and the  orders  of  the  State
Fire  Marshal shall constitute the record of the proceedings.
The Office shall furnish a transcript of the  record  to  any
interested  person  upon  payment of the costs of copying and
transmitting the record.
    (d)  All final administrative decisions of the Office are
subject to judicial review under  the  Administrative  Review
Law  and  the  rules  adopted under that Law. Proceedings for
judicial review shall be commenced in the  circuit  court  of
the  county  in  which the party applying for review resides;
but if the party is not a resident of Illinois, the venue  is
in Sangamon County. The State Fire Marshal is not required to
certify  any  record to the court or file any answer in court
or otherwise  appear  in  any  court  in  a  judicial  review
proceeding,  unless  there  is  filed  in  the court with the
complaint a receipt from the Office acknowledging payment  of
the  costs  of  furnishing  and  certifying the record. Those
costs shall be computed at the cost of preparing the  record.
Exhibits shall be certified without cost. Failure on the part
of  the licensee to file the receipt in court is a ground for
dismissal of the  action.  During  all  judicial  proceedings
incident to a disciplinary action, the sanctions imposed upon
the  accused by the Office remain in effect, unless the court
feels justice requires a stay of the order.
    (e)  An order  of  revocation,  suspension,  placing  the
license  on probationary status, or other formal disciplinary
action as the State Fire Marshal may consider  proper,  or  a
certified  copy  of the order over the seal of the Office and
purporting to be signed by the State Fire Marshal,  is  prima
facie proof that:
         (1)  the   signature  is  that  of  the  State  Fire
    Marshal;
         (2)  the State Fire Marshal is qualified to Act; and
         (3)  the hearing officer  is  qualified  to  Act  on
    behalf of the Office.
    The  proof  specified in paragraphs (1), (2), and (3) may
be rebutted.
    (f)  Upon the  suspension  or  revocation  of  a  license
issued under this Act, a licensee shall surrender the license
to  the  Office  and  upon failure to do so, the Office shall
seize the license.
    (g)  The Office, upon request, shall publish  a  list  of
the names and addresses of all licensees under the provisions
of  this  Act. The Office shall publish a list of all persons
whose licenses have been disciplined within  the  past  year,
together  with  such  other information as it may consider of
interest to the public.

    Section 90.  Penalties. Any natural person  who  violates
any  of  the  following  provisions  is  guilty  of a Class A
misdemeanor for the first offense and a corporation or  other
entity that violates any of the following provision commits a
business offense punishable by a fine not to exceed $5,000; a
second  or  subsequent offense in violation of any Section of
this Act, including this Section, is  a  Class  4  felony  if
committed   by  a  natural  person,  or  a  business  offense
punishable by a fine of up  to  $10,000  if  committed  by  a
corporation or other business entity:
         (1)  Practicing  or attempting to practice as a lead
    pyrotechnic operator without a license;
         (2)  Obtaining or attempting to  obtain  a  license,
    practice  or  business,  or  any  other thing of value by
    fraudulent representation;
         (3)  Permitting,  directing,  or   authorizing   any
    person  in  one's  employ  or  under  one's  direction or
    supervision to work  or  serve  as  a  licensee  if  that
    individual does not possess an appropriate valid license.
    Whenever  any  person  is  punished  as a repeat offender
under this Section,  the  Office  may  proceed  to  obtain  a
permanent  injunction against the person under Section 10. If
any person in making any oath or affidavit required  by  this
Act  swears falsely, the person is guilty of perjury and upon
conviction may be punished accordingly.

    Section 905.  The Illinois Explosives Act is  amended  by
changing Section 2001 as follows:

    (225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
    Sec.  2001.  No  person  shall  possess, use, purchase or
transfer  explosive  materials   unless   licensed   by   the
Department  except  as otherwise provided by this Act and the
Pyrotechnic Operator Licensing Act.
(Source: P.A. 86-364.)

    Section  910.  The  Fireworks  Use  Act  is  amended   by
changing Section 2 as follows:

    (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
    Sec.  2.   Except  as  hereinafter  provided  it shall be
unlawful for any person, firm, co-partnership, or corporation
to knowingly possess, offer for sale, expose for  sale,  sell
at  retail,  or  use  or explode any fireworks; provided that
city councils in cities, the president and board of  trustees
in villages and incorporated towns, and outside the corporate
limits of cities, villages and incorporated towns, the county
board,  shall  have  power  to  adopt  reasonable  rules  and
regulations for the granting of permits for supervised public
displays of fireworks. Every such display shall be handled by
a  competent individual who is licensed as a lead pyrotechnic
operator designated by the local authorities herein specified
and shall be of such a character and so  located,  discharged
or  fired, as not to be hazardous to property or endanger any
person or persons. Application for permits shall be  made  in
writing  at  least  15  days  in  advance  of the date of the
display and action shall be taken on such application  within
48 hours after such application is made. After such privilege
shall   have   been   granted,  sales,  possession,  use  and
distribution of fireworks for such display  shall  be  lawful
for  that  purpose only. No permit granted hereunder shall be
transferable.
    Permits may be granted hereunder to any groups  of  3  or
more  adult individuals applying therefor. No permit shall be
required, under the provisions of this  Act,  for  supervised
public displays by State or County fair associations.
    The  governing  body  shall  require proof of insurance a
bond from the permit applicant licensee in  a  sum  not  less
than  $1,000,000  $1,000  conditioned  on compliance with the
provisions of this law and the regulations of the State  Fire
Marshal  adopted hereunder, except that no municipality shall
be required to provide evidence of insurance file such bond.
    Such permit shall be issued only after inspection of  the
display  site  by the issuing officer, to determine that such
display shall be in full compliance with  the  rules  of  the
State  Fire  Marshal,  which  shall  be based upon nationally
recognized standards such  as  those  of  the  National  Fire
Protection  Association  (NFPA)  1123  guidelines for outdoor
displays and NFPA 1126 guidelines  for  indoor  displays  and
shall  not be hazardous to property or endanger any person or
persons. Nothing in this Section shall prohibit the issuer of
the permit from adopting more stringent rules.
    All indoor pyrotechnic displays  shall  be  conducted  in
buildings protected by automatic sprinkler systems.
    The   chief   of   the  fire  department  providing  fire
protection coverage to the area of display,  or  his  or  her
designee,  shall  sign the permit. Forms for such application
and permit may be obtained from the Office of the State  Fire
Marshal.   One  copy of such permit shall be on file with the
issuing officer, and one copy forwarded to the Office of  the
State Fire Marshal.
    Possession   by   any  party  holding  a  certificate  of
registration  under  "The   Fireworks   Regulation   Act   of
Illinois",  filed  July 20, 1935, or by any employee or agent
of such party or by any  person  transporting  fireworks  for
such   party,   shall  not  be  a  violation,  provided  such
possession is within the scope of business of  the  fireworks
plant registered under that Act.
(Source: P.A. 86-1028.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

Effective Date: 07/22/03