Section 230.10  Scope

This Part implements the Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227] and applies to all individuals who distribute display fireworks or conduct pyrotechnic displays, or are responsible for the safety, setup, discharge and supervision of a pyrotechnic display in this State.  This Part is intended to supplement the requirements of any federal, State or local laws and regulations governing the distribution or sale of fireworks, including the safety, setup, discharge and supervision of pyrotechnic displays, but shall be construed, wherever possible, to avoid conflicting or duplicative requirements.  In the event of a conflict between this Part and the laws and rules enforced by agencies of the federal government, including the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Occupational Safety and Health Administration, the laws and rules enforced by agencies of the federal government shall control.  However, provisions of this Part shall not be deemed to be in conflict with federal requirements on the basis that they are more specific than, more stringent than, or impose requirements for which no like requirements are contained in, laws and rules enforced by agencies of the federal government.  Further, should there be a conflict between this Part and the laws and rules enforced by the local governmental agency, this Part shall control to the extent that provisions of this Part are more specific than, more stringent than, or impose requirements for which no like requirements are contained in, laws and rules enforced by the local governmental agency.

Section 230.20  Definitions

For purposes of this Part, the term:

"1.3G fireworks" means fireworks that are used for professional outdoor displays and classified as fireworks UN0333, UN0334 or UN0335 by the United States Department of Transportation (USDOT) under 49 CFR 172.101.  [225 ILCS 227/5]  USDOT assigns the following division numbers to the above-referenced fireworks identification numbers:  UN0333 (1.1G), UN0334 (1.2G), and UN0335 (1.3G).  (See 49 CFR 172.101.)

"Act" means the Pyrotechnic Distributor and Operator Licensing Act.

"Applicant" means an individual applying for a license under this Part.

"Assistant" means an on-site individual who is at least 18 years of age and who, under the supervision of the lead operator, assists with the safety, setup and discharge of a pyrotechnic display.

"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.  [225 ILCS 227/5] 

"Consumer fireworks" means fireworks that must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission, as set forth in 16 CFR 1500 and 1507, and classified as fireworks UN0336 or UN0337 by USDOT under 49 CFR 172.101. "Consumer fireworks" does not include a substance or article exempted under the Pyrotechnic Use Act.  [225 ILCS 227/5]  USDOT assigns the following division numbers to the above-referenced fireworks identification numbers:  UN0336 (1.4G) and UN0337 (1.4S).  (See 49 CFR 172.101.)

"Display fireworks" means any substance or article defined as a Division 1.3G explosive or special effects fireworks.  [225 ILCS 227/5]

"DNR" means the Illinois Department of Natural Resources.

"Facility" means an area being used for the conducting of a pyrotechnic display business, but does not include residential premises except for the portion of any residential premises that is actually used in the conduct of a pyrotechnic display business.  [225 ILCS 227/5]

"FBI" means the Federal Bureau of Investigation.

"Flame effect" means the detonation, ignition, or deflagration of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether admission is charged in accordance with NFPA 160.  [225 ILCS 227/5]

"Flame effect license" means a license issued to a qualified lead pyrotechnic operator for flame effect displays.  A license may be limited to a certain type of display, effect or location.

"Illinois Display Report" means the report filed by the lead operator with OSFM providing certain information with respect to the pyrotechnic display. 

"ISP" means the Illinois Department of State Police.

"Lead pyrotechnic operator" or "lead operator" means the on-site individual, who is at least 21 years of age, with overall responsibility for safety, setup, discharge, and supervision of a pyrotechnic display or pyrotechnic service. [225 ILCS 227/5]

"License" means the license issued by OSFM pursuant to the Act and this Part.

"Licensee" means the individual licensed in accordance with the Act and this Part.

"NFPA" means the National Fire Protection Association, a nationally recognized standards-making organization.

"Officer" means:

if the applicant is a political subdivision of the State, an appointed or elected official; or

if the business is a sole proprietorship, the owner of the business or any person exercising managerial control; or

if the business is a partnership, any partner who has at least 10% ownership interest or any person exercising managerial control; or

if the business is a corporation, any officer or director of the corporation, any person who has at least 10% ownership interest in the corporation, or any person exercising managerial control.

"OFSM" means the Office of the State Fire Marshal.

"Outdoor professional display" means an outdoor pyrotechnic display that uses 1.3G fireworks and is at least 75' from the audience in accordance with NFPA 1123. 

"Outdoor professional license" means the license issued to a qualified lead pyrotechnic operator for 1.3G fireworks. 

"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.  [225 ILCS 227/5]

"Production company" means any person in the film, digital and video media, television, commercial, and theatrical stage industry who provides pyrotechnic services or pyrotechnic display services as part of a film, digital and video media, television, commercial, or theatrical production in the State of Illinois. [225 ILCS 227/5]

"Proscenium curtain" means the curtain covering the opening of the stage that is constructed and mounted in a manner that intercepts hot gases, flames and smoke and that prevents flame from a fire on the stage from becoming visible from the auditorium side.

"Proximate audience display" means a display of special effects fireworks that occurs within a building or structure or that occurs outside before an audience closer than 75' to the pyrotechnic or flame devices. 

"Proximate audience license" means a license issued to a qualified lead pyrotechnic operator for proximate audience displays.  The license may be limited to a certain type of display, effect or location.

"Pyrotechnic display" or "display" means the detonation, ignition, or deflagration of display fireworks or flame effects to produce a visual or audible effect of an exhibitional nature before the public, invitees, or licensees, regardless of whether admission is charged. [225 ILCS 227/5]

"Pyrotechnic distributor" or "distributor" means any person who distributes display fireworks for sale in the State of Illinois or provides them as part of a pyrotechnic display service in the State of Illinois or provides only pyrotechnic services.  [225 ILCS 227/5] 

"Pyrotechnic service" means the detonation, ignition or deflagration of display fireworks, special effects or flame effects to produce a visual or audible effect.  [225 ILCS 227/5]

"Special effects fireworks" means pyrotechnic devices used for special effects by professionals in the performing arts in conjunction with theatrical, musical, or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such and must be identified as "intended for indoor use".  Special effects fireworks are classified as fireworks UN0431 or UN0432 by USDOT under 49 CFR 172.101.  [225 ILCS 227/5]  USDOT assigns the following division numbers to the above-referenced pyrotechnic article identification numbers:  UN0431 (1.4G) and UN0432 (1.4S).  (See 49 CFR 172.101.) 

"Supervision" means direction and management of the activities of personnel in the safety, setup and display of a pyrotechnic display.

"USDOT" means the United States Department of Transportation.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.25  Incorporated and Referenced Materials

a)         The following national regulations and standards are incorporated in this Part:

1)         National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts  02169-7471:

A)        NFPA 101, Life Safety Code (2000)

B)        NFPA 140, Standard on Motion Picture and Television Production Studio Soundstages, Approved Production Facilities, and Production Locations (2008)

C)        NFPA 160, Standard for the Use of Flame Effects Before an Audience (2006)

D)        NFPA 1123, Code for Fireworks Display (2006)

E)        NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience (2006)

2)         Federal Statutes

            Federal Explosives Law, 40 USC 841

3)         Federal Regulations

A)        ATF

27 CFR 555, Commerce in Explosives (2006)

B)        Consumer Product Safety Commission

i)          16 CFR 1500, Hazardous Substance and Articles; Administration and Enforcement Regulations

ii)         16 CRF 1507, Fireworks Devices

C)        USDOT

49 CFR 172.101, Purpose and Use of Hazardous Materials Table (2005)

b)         All incorporations by reference of NFPA standards and federal regulations refer to the standards and regulations on the date specified and do not include any amendments or editions subsequent to the date specified.

c)         The following Illinois statutes and regulations are referenced in this Part:

1)         Statutes

A)        Pyrotechnic Use Act [425 ILCS 35]

B)        Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227]

C)        Illinois Explosive Act [225 ILCS 210]

2)         State Regulations

Travel (80 Ill. Adm. Code 2800)

Department of Natural Resources (62 Ill. Adm. Code)

The Illinois Explosive Act (62 Ill. Adm. Code 200)

Department of State Police (20 Ill. Adm. 1215.50)

Illinois Uniform Conviction Information Act (20 Ill. Adm. Code 1215)

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.30  General Requirements for Pyrotechnic Displays

a)         All pyrotechnic displays or pyrotechnic services require a permit issued by the appropriate local governmental authority in accordance with the Pyrotechnic Use Act [425 ILCS 35].

b)         All pyrotechnic displays or pyrotechnic services require the services of a licensed pyrotechnic distributor or a licensed production company and a licensed lead pyrotechnic operator in accordance with this Part.

c)         A licensed lead pyrotechnic operator shall be present during any pyrotechnic display or pyrotechnic services and shall personally supervise all assistants, including all phases of the pyrotechnic display.

d)         The fire chief of the local jurisdiction or his/her designee must inspect and approve the display site for all pyrotechnic displays or pyrotechnic services to ensure that the site is safe to conduct a display.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.40  Compliance Standards

a)         All pyrotechnic displays shall be conducted in accordance with the edition of the following copyrighted standards and recommended practices:

1)         NFPA 1123; 

2)         NFPA 1126, as modified by Section 230.260;

3)         NFPA 160, as modified by Section 230.270; or

4)         NFPA 140.

b)         Storage of display fireworks (1.3G and above) shall comply with the storage requirements set forth by ATF at 27 CFR 555 or by DNR pursuant to Article 3 of the Illinois Explosive Act.  Should there be a conflict between the requirements established by ATF and DNR, those requirements that are more specific, more stringent, or impose requirements for which no like requirements are contained in the other agency's requirements shall control.

c)         In addition to the preceding standards, all indoor pyrotechnic displays must meet the requirements of the Pyrotechnic Use Act and shall only be held in one of the following types of buildings:

1)         Buildings having an automatic sprinkler system protecting the seating area and stage [425 ILCS 35/2.1];

2)         Buildings having an automatic sprinkler system protecting the stage that is equipped with a proscenium curtain, as required by NFPA 101, that will automatically deploy in the event of a fire.  In no event may an effect be downstage of the proscenium curtain, i.e., on the audience side of the curtain; or

3)         Stadia and arenas without automatic sprinkler system protection over the floor area used for contest, performance, or entertainment; over the seating areas; or over open-air concourses where, as required by NFPA 101, Section 12.3.5, Exception 4, an approved engineering analysis substantiated the ineffectiveness of the sprinkler protection due to building height and combustible loading.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.50  Qualifications for Distributor License

a)         Except as provided in this Section, no license shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act (in particular Section 35) and paid the required application fee.

b)         The applicant must have a current license from ATF for the type of pyrotechnic service or pyrotechnic display service provided.  In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed.  OSFM may issue the applicant temporary authorization to act until ATF renews the applicant's license.  In the event the applicant distributes only flame effect pyrotechnic displays, the applicant must submit an affidavit, signed under penalties of perjury, identifying the full extent of pyrotechnic services the applicant provides, and all materials used.  With respect to these pyrotechnic services, the applicant shall acknowledge that he or she does not transport, receive, distribute, possess, store or acquire for use any material that requires an ATF license. 

c)         The applicant must have a current Identification Number and Hazardous Materials Registration Number issued by USDOT.  In the event the applicant distributes only flame effect pyrotechnic displays and/or the applicant never transports materials in quantities that require registration with USDOT, the applicant must submit an affidavit, signed under penalty of perjury.  In this affidavit, the applicant shall identify all materials he/she uses in the display services provided, the quantity of each material transported for these displays, and an acknowledgement that the applicant never transports materials in quantities that require registration with USDOT.  If the applicant never transports materials in quantities that require registration with USDOT, but takes possession of such materials at the display site, the applicant must maintain a file of all documentation concerning the transportation of those materials and provide copies of the documents to OSFM upon request. 

d)         At least one officer of a pyrotechnic distributor must be a licensed lead pyrotechnic operator for the type of display services provided.

e)         An out-of-state person hired for or engaged in pyrotechnic services or a pyrotechnic display must have a pyrotechnic distributor license issued by OSFM, or be employed by a licensed pyrotechnic distributor and hold a lead pyrotechnic operator license issued by OSFM.  [225 ILCS 227/10]

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.55  Qualifications for Production Company License 

a)         Except as provided in this Section, no license shall be granted to an applicant who is not a production company that provides pyrotechnic display services or pyrotechnic services as part of any production, has not reached the age of 21, has not met the requirements of the Act (in particular Section 35) and paid the required application fee. 

b)         The applicant must have a current Identification Number and Hazardous Materials Registration Number issued by USDOT. In the event the applicant distributes only flame effect pyrotechnic displays, and/or the applicant never transports materials in quantities that require registration with USDOT, the applicant must submit an affidavit, signed under penalty of perjury. In this affidavit the applicant shall identify all materials he/she uses in the display services provided, the quantity of each material transported for these displays, and an acknowledgement that the applicant never transports materials in quantities that require registration with USDOT. If the applicant never transports materials in quantities that require registration with USDOT, but takes possession of those materials at the display site, the applicant must maintain a file of all documentation concerning the transportation of those materials and provide copies of the documents to OSFM upon request. Alternatively, this information may be provided by the licensed lead pyrotechnic operator for the production company.

(Source:  Added at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.60  Qualifications for Limited Distributor License

a)         Except as provided in this Section, no limited distributor's license shall be granted to an applicant that is not a political subdivision of the State, met the requirements of the Act (in particular Section 35) and paid the required application fee.

b)         Pursuant to Section 845(a)(3) of the Federal Explosives Law, the transportation, shipment, receipt, or importation of explosive materials for delivery to a political subdivision of the State does not require the political subdivision of the State to hold a license issued by ATF.

c)         The applicant must have a current Identification Number and Hazardous Materials Registration Number issued by USDOT.  In the event the applicant distributes only flame effect pyrotechnic displays, and/or the applicant never transports materials in quantities that require registration with USDOT, the applicant must submit an affidavit, signed under penalty of perjury.  In this affidavit, the applicant shall identify all materials he/she uses in the display services provided, the quantity of each material transported for these displays, and an acknowledgement that the applicant never transports materials in quantities that require registration with USDOT.  If the applicant never transports materials in quantities that require registration with USDOT, but takes possession of such materials at the display site, the applicant must maintain a file of all documentation concerning the transportation of those materials and provide copies of the documents to OSFM upon request. 

d)         The applicant must provide, for approval by OSFM, proof of having the requisite knowledge, through training, examination, or continuing education, of the pyrotechnic materials and pyrotechnic displays it provides. [225 ILCS 227/35(c)(8)]

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.65  Qualifications for Production Company Lead Operator Licensing Approval

a)         Outdoor Professional Licensing Approval

1)         No licensing approval shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act.

2)         The applicant must have a current license or Letter of Clearance from ATF for the type of pyrotechnic service or pyrotechnic display provided.  In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed.  If an applicant has applied for, but not received, an ATF explosives license or a Letter of Clearance, or if the license is being renewed, OSFM may issue the applicant temporary authorization to act until ATF issues the applicant an explosives license or Letter of Clearance, or renews the license.

3)         The applicant must provide proof of successful completion of the DNR training program for pyrotechnic displays, including a current DNR individual explosives license number, or another program that OSFM determines to be substantially equivalent. 

b)         Proximate Audience Licensing Approval 

1)         No licensing approval shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act.

2)         The applicant must have a current license or a Letter of Clearance from ATF for the type of pyrotechnic service or pyrotechnic display provided.  In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed.  If an applicant has applied for, but not received, an ATF explosives license or a Letter of Clearance, or if the license is being renewed, OSFM may issue the applicant temporary authorization to act until ATF issues the applicant an explosives license or Letter of Clearance, or renews the license.

3)         The applicant must provide proof of successful completion of the DNR training program for pyrotechnic displays, including a current DNR individual explosives license number, or another program that OSFM determines to be substantially equivalent.

4)         An applicant for a proximate audience licensing approval must achieve a passing score of 80% on a written examination administered by OSFM in accordance with Section 230.120.

5)         The applicant must submit evidence of experience that includes active participation in the safe performance of at least 10 proximate audience displays.  The applicant must have performed the duties of a lead operator in at least 2 of these displays (either pursuant to a license from another state or under the supervision of a lead operator).

6)         Acceptable documentation of experience includes:

A)        A copy of a display permit from an issuing authority that lists the applicant as an operator or assistant, including a letter from the issuing authority documenting that there were no injuries or property damage sustained from the display; or

B)        A copy of the Illinois Display Report (see Section 230.200).

c)         Flame Effect Licensing Approval

1)         No licensing approval shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act.

2)         An applicant for a flame effect licensing approval must achieve a passing score of 80% on a written examination administered by OSFM in accordance with Section 230.120.

3)         The applicant must submit evidence of experience, which must include active participation as a lead operator or assistant in the safe performance of at least 10 flame effect displays.  The applicant must have performed the duties of a lead operator in at least 2 of these flame effect displays (either pursuant to a license from another state or under the supervision of a lead operator).

4)         Acceptable documentation of experience includes:

A)        A copy of a display permit from an issuing authority that lists the applicant as an operator or assistant, including a letter from the issuing authority documenting that there were no injuries or property damage sustained from the flame effect display; or

B)        A copy of the Illinois Display Report (see Section 230.200).

d)         Additional Requirements for Licensed Lead Pyrotechnic Operator Employed by Production Company

The lead pyrotechnic operator employed by a licensed production company may be required by the production company to have and provide an Identification Number and Hazardous Materials Registration Number issued by USDOT or provide OSFM the appropriate information and affidavit as is required in Section 230.55(b).

(Source:  Added at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.70  Qualifications for Outdoor Professional License

a)         No license shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act and paid the required application fee.

b)         The applicant must have a current license or a Letter of Clearance from ATF.  In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed.  If an applicant has applied for, but not received, an ATF explosives license or a Letter of Clearance, or if the license is being renewed, OSFM may issue the applicant temporary authorization to act until ATF issues the applicant an explosives license or Letter of Clearance, or renews the license.

c)         The applicant must provide proof of successful completion of the DNR training program for pyrotechnic displays, including a current DNR individual explosives license number, or another program that OSFM determines to be substantially equivalent.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.80  Qualifications for Proximate Audience License

a)         No license shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act and paid the required application fee.

b)         The applicant must have a current license or a Letter of Clearance from ATF.  In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed.  If an applicant has applied for, but not received, an ATF explosives license or a Letter of Clearance, or if the license is being renewed, OSFM may issue the applicant temporary authorization to act until ATF issues the applicant an explosives license or Letter of Clearance, or renews the license.

c)         The applicant must provide proof of successful completion of the DNR training program for pyrotechnic displays, including a current DNR individual explosives license number, or another program that OSFM determines to be substantially equivalent.

d)         An applicant for a proximate audience license must achieve a passing score of 80% on a written examination administered by OSFM in accordance with Section 230.120.

e)         The applicant must submit evidence of experience that includes active participation in the safe performance of at least 10 proximate audience displays.  The applicant must have performed the duties of a lead operator in at least 2 of these displays (either pursuant to a license from another state or under the supervision of a lead operator).

f)         Acceptable documentation of experience includes:

1)         A copy of a display permit from an issuing authority that lists the applicant as an operator or assistant, including a letter from the issuing authority documenting that there were no injuries or property damage sustained from the display; or

2)         A copy of the Illinois Display Report (see Section 230.200).

g)         Due to the special nature of proximate audience displays, OSFM may issue either a proximate audience license or a limited proximate audience license that will license the individual to conduct only certain types of displays or effects or limit the show to a certain venue.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.90  Qualifications for Flame Effect License

a)         No license shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act and paid the required application fee.

b)         An applicant for a flame effect license must achieve a passing score of 80% on a written examination administered by OSFM in accordance with Section 230.120.

c)         The applicant must submit evidence of experience, which must include active participation as a lead operator or assistant in the safe performance of at least 10 flame effect displays.  The applicant must have performed the duties of a lead operator in at least 2 of these flame effect displays (either pursuant to a license from another state or under the supervision of a lead operator).

d)         Acceptable documentation of experience includes:

1)         A copy of a display permit from an issuing authority that lists the applicant as an operator or assistant, including a letter from the issuing authority documenting that there were no injuries or property damage sustained from the flame effect display; or

2)         A copy of the Illinois Display Report (see Section 230.200).

e)         Due to the special nature of a flame effect display, OSFM may issue a flame effect license or a limited flame effect license that will license the individual to conduct only certain types of effects or conduct shows limited to a certain venue.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.100  Application for License

a)         All applications for a pyrotechnic distributor license shall be signed and submitted on forms provided by OSFM and shall include the following information:

1)         The name and address of the business. The address shall be an actual street address and shall include the city, state and zip code.  A post office box number is not acceptable as an address.

2)         The names and personal addresses of all officers of the business, including a copy of each officer's driver's license or other government issued ID showing date of birth and photograph.  This information shall be required from only one officer of a political subdivision of the State.

3)         In accordance with Section 230.150, no license shall be issued until the applicable fee has been paid.  After reviewing the application, OSFM will invoice the licensee for the fee.

4)         A Certificate of Insurance showing proof of not less than $1,000,000 in product liability insurance, $1,000,000 in general liability insurance that covers the pyrotechnic display service or pyrotechnic service provided and proof of Illinois Workers' Compensation insurance.  [225 ILCS 227/35(c)]  The insurance coverage shall provide for 30 days minimum coverage prior to written notice of cancellation to OSFM.  Insurance coverage shall be an occurrence based policy, or its equivalent, and it shall cover all periods of time when pyrotechnic materials, including flame effect materials, are in the insured's actual or constructive possession, including those times when the materials are being stored, transported, handled, used, discharged and displayed.   If a political subdivision of the State is self-insured, the applicant shall submit an affidavit acknowledging its self-insurance. 

5)         A copy of the current license issued by ATF for the type of pyrotechnic service or pyrotechnic display service provided or proof from ATF that a license is in the process of being renewed.  In the event the applicant distributes only flame effect pyrotechnic displays, the applicant shall submit a sworn affidavit as set forth in Section 230.50(b).  In the event the applicant is a political subdivision of the State, the applicant shall submit an affidavit acknowledging its status.

6)         The Identification Number and Hazardous Materials Registration Number issued by USDOT.  In the event the applicant distributes only flame effect pyrotechnic displays and the applicant never transports materials in quantities that require registration with USDOT, the applicant shall submit a sworn affidavit as set forth in Section 230.50(c).

7)         Proof that the applicant met the requirements of Section 230.50.

8)         If providing display services, the name of the officer who is licensed for  those types of services.

9)        In accordance with Section 230.280, a fingerprint card in the form and manner required by ISP and the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files.

b)         The pyrotechnic distributor shall submit to OSFM the applications of its employees applying for a lead pyrotechnic operator license.  All applications for the license shall be signed by the applicant and submitted on forms provided by OSFM and must be accompanied by the following additional information:

1)         A copy of the applicant's driver's license or other government issued identification that includes the date of birth and photograph.

2)         A photograph, approximately 1¼" x 1½", taken within the preceding 2 years.  The photograph must show the applicant from a front view with his or her full-face and head and shoulders visible.  OSFM will reject photographs showing the applicant wearing sunglasses, hats, scarves, or any object that obscures the applicant's identity. 

3)         A copy of a current license or a Letter of Clearance from ATF for the type of pyrotechnic service or pyrotechnic display provided.  In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed.  A current license or Letter of Clearance from ATF is required for both the outdoor display and proximate audience licenses.  In the event the applicant has only applied for an ATF explosives license or Letter of Clearance, the applicant shall submit an affidavit, signed under penalty of perjury, with a copy of the completed ATF application attached, acknowledging when he/she submitted an application to ATF for processing.

4)         In the event the applicant participates in only flame effect pyrotechnic displays, the applicant shall submit an affidavit, signed under penalty of perjury, acknowledging that he/she only participates in the safety, setup, discharge, and supervision of flame effect pyrotechnic displays.  The affidavit shall acknowledge that, with regard to the services provided, the applicant does not transport, receive, distribute, possess, store, or acquire for use any material that requires an ATF license.

5)         In accordance with Section 230.150, no license shall be issued until the applicable fee has been paid.  After reviewing the application, OSFM will invoice the licensee for the fee.

6)         Proof that the applicant met the requirements of Section 230.70(c), 230.80(c) or 230.90(b), whichever is applicable to the respective license.

7)         References from at least 3 individuals, who are not affiliated with the pyrotechnic distributor who employs the applicant, who can verify the experience reported or any training received by the applicant. All references must include the name, address, phone number, and agency or organization represented by the person submitting the reference.  These references can be from permitting officials, law enforcement officials who had oversight at a display, fire department personnel who approved and reviewed pyrotechnic displays performed by the applicant in the past, and other individuals who can attest to the applicant's training, experience, and manner in performing displays.  In addition, these letters should identify the basis for the opinion expressed in the letter, i.e., how does that person know the applicant and what facts support the opinion expressed in the letter. A copy of a fully signed Illinois Display Report may serve as a letter of reference.

8)         In accordance with Section 230.280, a fingerprint card in the form and manner required by ISP and the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files.

c)         All applications for a production company license shall be signed and submitted on forms provided by OSFM and shall include the following information:

1)         The name and address of the business.  The address shall be an actual street address and shall include the city, state and zip code.  A post office box number is not acceptable as an address.

2)         The names and personal addresses of all officers of the business, including a copy of each officer's driver's license or other government issued ID showing date of birth and photograph.

3)         In accordance with Section 230.150, no license shall be issued until the applicable fee has been paid.  After reviewing the application, OSFM shall invoice the licensee for the fee. 

4)         A Certificate of Insurance and a copy of the insurance policy showing proof of not less than $2,000,000 in commercial general liability insurance that covers any damage or injury resulting from the pyrotechnic display services or pyrotechnic services provided.  [225 ILCS 227/35]  The insurance coverage shall provide for a minimum of 30 days coverage after written notice to OSFM of cancellation.  Insurance coverage shall be an occurrence based policy, or its equivalent, and it shall cover all periods of time when pyrotechnic materials, including flame effect materials, are in the insured's actual or constructive possession, including those times when the materials are being stored, transported, handled, used, discharged and displayed.  The insurer shall not cancel the insured's coverage or remove an additional insured from the policy coverage without notifying OSFM in writing at least 15 days before cancellation.  [225 ILCS 227/35]  

5)         Proof of Illinois Workers' Compensation insurance.  [225 ILCS 227/35(c-3)] 

6)         The Identification Number and Hazardous Materials Registration Number issued by USDOT.  In the event the applicant distributes only flame effect pyrotechnic displays and the applicant never transports materials in quantities that require registration with USDOT, the applicant shall submit a sworn affidavit as set forth in Section 230.50(c).  Alternatively, the production company's lead pyrotechnic operator may provide such proof.  [225 ILCS 227/35(c-3)]

7)         Identify the OSFM approved lead pyrotechnic operator being employed by the company.  [225 ILCS 227/35(c-3)]

8)         In accordance with Section 230.280, a fingerprint card in the form and manner required by ISP and the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files.

d)         All applications for approval of lead operators that may be employed by a production company shall be signed by the applicant and submitted on forms provided by OSFM and must be accompanied by the following additional information: 

1)         A copy of the applicant's driver's license or other government issued identification that includes the date of birth and photograph.

2)         A photograph, approximately 1¼" x 1½", taken within the preceding 2 years. The photograph must show the applicant from a front view with his or her full face and head and shoulders visible.  OSFM will reject photographs showing the applicant wearing sunglasses, hats, scarves, or any object that obscures the applicant's identity.

3)         A copy of a current license or a Letter of Clearance from ATF issued to the applicant for the type of pyrotechnic service or pyrotechnic display service provided.  In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed.  A current license or Letter of Clearance from ATF is required for both outdoor and proximate audience licensing approvals.  In the event the applicant has only applied for an ATF explosives license or Letter of Clearance, the applicant shall submit an affidavit, signed under penalty of perjury, with a copy of the completed ATF application attached, acknowledging when he/she submitted an application to ATF for processing.

4)         In the event the applicant participates in only flame effect displays, the applicant shall submit an affidavit, signed under penalty of perjury, acknowledging that he/she only participates in the safety, setup, discharge and supervision of flame effect pyrotechnic displays.  The affidavit shall acknowledge that, with regard to the services provided, the applicant does not transport, receive, distribute, possess, store or acquire for use any material that requires an ATF license. 

5)         List previous production company licenses held by the operator.

6)         List pyrotechnic licenses issued to the operator by other states.

7)         Proof that the applicant met the requirements of Section 230.65(a), (b) or (c), whichever is applicable to the respective license.

8)         References from at least 3 individuals, who are not affiliated with the pyrotechnic distributor who employs the applicant, who can verify the experience reported or any training received by the applicant.  All references must include the name, address, phone number, and agency or organization represented by the person submitting the reference.  These references can be from permitting officials, law enforcement officials who had oversight at a display, fire department personnel who approved and reviewed pyrotechnic displays performed by the applicant in the past, and other individuals who can attest to the applicant's training, experience, and manner in performing displays.  In addition, these letters should identify the basis for the opinion expressed in the letter, i.e., how does that person know the applicant and what facts support the opinion expressed in the letter.  A copy of a fully signed Illinois Display Report may serve as a letter of reference. 

9)         In accordance with Section 230.280, a fingerprint card in the form and manner required by ISP and the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files. 

e)         Upon receipt and review of the application, OSFM shall issue the appropriate license or shall approve issuance of a license when employed by a production company or shall notify the applicant of the reason for the denial of the license.

f)         Depending on an applicant's professional qualifications, as evidenced by information and documents submitted with his/her application, and on the nature and extent of an applicant's planned participation in permitted pyrotechnic displays, the Office may, within its sole discretion, issue a temporary license to an individual during the application process.  The temporary license shall expire upon receipt of the appropriate license or notification of denial of the license. 

g)         Upon issuance of a license to a production company, OSFM shall also issue a license to the lead pyrotechnic operator that has been approved in accordance with Section 230.100(d) and identified by the production company in its license application as required in Section 230.100(c)(7).  

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.105  Applications Received Between June 16 through July 5

With the exception of an application for a production company license or the issuance of a lead operator license to an individual that was approved for a production company lead operator's license, OSFM will not process any application for a new license or to renew a license during the period of June 16 through July 5.  

(Source:  Added at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.110  Proximate Audience and Flame Effect Licensing Review Committee

The State Fire Marshal shall appoint a review committee to review the experience and qualifications of an applicant for a proximate audience or flame effect license, and recommend the type of license to be issued.

a)         The committee shall consist of the following 3 members:

1)         The State Fire Marshal or his/her designee, as chair;

2)                  One representative from a fire department that has experience in permitting proximate audience and flame effect displays within its jurisdiction; and

3)                  One representative from a company that has experience in setting up and firing proximate audience and flame effect displays.

b)         Members shall serve without salary, but may receive reimbursement for reasonable expenses from OSFM from appropriations for such purposes, in accordance with 80 Ill. Adm. Code 2800.

c)         All members shall have one vote.

d)         Members shall serve a term of 2 years. 

e)         Upon the expiration of a member's term of office, the State Fire Marshal shall reappoint that member or appoint a successor who is a representative of the same interests, as identified in subsection (a).

f)         The State Fire Marshal may, at any time, remove any of the respective appointees for inefficiency or neglect of duty in office.  In such instances, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests.  Upon the death or incapacity of a member, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests.

g)         The committee shall meet each calendar quarter to review applications and at additional times as the committee deems necessary.  The committee does not need to meet if there are no applications to review.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.120  Written Examination for Proximate Audience License and/or Flame Effect License

a)                  An applicant for a proximate audience or flame effect license must have completed a written examination administered by OSFM and achieved a passing score of at least 80%. 

b)                  The written examination is designed to demonstrate the applicant's knowledge of the Act, this Part, and NFPA 1126 and/or NFPA 160 standards relating to safe practices for the storage, use, handling, discharge and display of fireworks and flame effects.

c)                  The examinations are administered by OSFM at times scheduled during each calendar year.  Contact OSFM to obtain the examination schedule. There is a $25 fee for taking the examination.

d)                  Persons failing to achieve a passing score of at least 80% are eligible to retake the examination after 30 days.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.130  Use of Assistants 

No person may act as an assistant at any pyrotechnic display or flame effect display who has not reached the age of 18 and met the requirements of Section 35 of the Act. The pyrotechnic assistant must be registered with OSFM by the licensed distributor or the licensed production company on a form provided by OSFM prior to the time when the assistant begins work as an employee on the pyrotechnic display or pyrotechnic service. [225 ILCS 227/35(e)] 

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.140  License Renewal

a)         A license issued pursuant to this Part for distributors and their respective lead pyrotechnic operators is valid for 3 years from the date of issuance.

b)         An approval for a lead pyrotechnic operator for a production company is valid for a period of 3 years from the date of issuance. 

c)         A license issued to a production company and its lead pyrotechnic operator is valid for the term of the production company's insurance policy or for the time specified by the production company, if shorter than the term of the insurance, and shall in no event exceed one year from the date of issuance.  The license must be returned to OSFM upon expiration.  If the license is not returned within 15 days after expiration, the production company or lead pyrotechnic operator shall not be issued a new license until the previous license is returned. 

d)         Outdoor professional, proximate audience and flame effect licensees, and holders of production company lead operator approvals may renew their license during the 60-day period preceding and 60-day period following the expiration date by submitting a renewal application on forms provided by OSFM, together with the required fee.  Renewal applications shall be submitted by the distributor by whom the licensee is employed. 

e)         Any license that is not renewed within 60 days following its expiration will be cancelled.  Except as set forth in subsection (i), any requests after that date to renew or restore will be treated as a new application.

f)         The extended renewal periods under subsections (d) and (i) do not allow a licensee to engage in any conduct or activities for which a license is required during the 60-day period after the license's expiration date.

g)         In addition, a licensee seeking to renew his/her outdoor professional, proximate audience or flame effect license or production company lead pyrotechnic operator licensing approval must include with the renewal application evidence that the licensee participated in at least:

1)         2 pyrotechnic displays as a lead operator for an outdoor professional display license;

2)         6 proximate audience displays for a proximate audience license; or

3)         6 flame effect displays for a flame effect license.

h)         Licensees or production company lead pyrotechnic operator licensing approvals must provide evidence of satisfactory completion of at least 6 hours of continuing education in their respective area of licensure to ensure continued qualification of the licensee.  Continuing education may be conducted by a federal or state agency, by an independent organization that has experience in the subject matter, or by the distributor.

i)          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.  [225 ILCS 227/50(b)]  These licensees must satisfy all other requirements of this Section in order to renew a license.  Proof of service discharge date will be required to receive a waiver of fees. 

j)          In addition to meeting all the requirements of this Section, a licensee failing to renew with 60 days after the end of the license period shall be assessed a reinstatement fee of $100, in addition to the renewal fees.

(Source:  Amended at 35 Ill. Reg. 15064, effective September 1, 2011)

Section 230.150  Fees

The following license fees will be invoiced to the applicant upon review and approval of the application, shall be paid to OSFM for administration of the Act and are non-refundable:

(Source:  Amended at 35 Ill. Reg. 15064, effective September 1, 2011)

Section 230.160  Possession of License

The lead operator must be in possession of, and be able to produce, his/her license upon request at all times during delivery, setup, and performance of the display or pyrotechnic service.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.170  Notification to Office

a)         Written communication with OSFM, as identified in this Part, shall be mailed to:

Office of the State Fire Marshal

Pyrotechnic Licensing

1035 Stevenson Drive

Springfield, Illinois 62703-4259

b)         The licensee shall notify OSFM in writing within 5 business days after the following events:

1)         Discovery that his/her license has been lost, stolen or destroyed.

2)         ATF license has expired or ATF has terminated, suspended or revoked a license or Letter of Clearance.  A copy of any written notice of termination, suspension or revocation shall be sent to OSFM.

3)         DNR explosives license has expired or DNR has terminated, suspended or revoked the license.  A copy of any written notice of termination, suspension or revocation shall be sent to OSFM.

4)         USDOT has changed the licensee's Identification Number.  Proof of the licensee's new Identification Number shall be sent to OSFM.

5)         USDOT has changed the licensee's Hazardous Materials Registration Number.  Proof of the licensee's new registration number shall be sent to OSFM.

6)         The licensee's insurance company or the licensee has changed any of its insurance coverage.  A new Certificate of Insurance showing proof of not less than $1,000,000 in product liability insurance, $1,000,000 in general liability insurance and proof of Illinois Workers' Compensation insurance shall be sent to OSFM.  [225 ILCS 227/35]  The insurance coverage shall provide for 30 days minimum coverage prior to written notice of cancellation to OSFM and shall comply with Section 230.100(a)(4).  A production company distributor licensee shall send a new Certificate of Insurance and copy of the policy showing proof of not less than $2,000,000 in general liability insurance and proof of Illinois Workers' Compensation insurance.  The insurance coverage shall provide for a minimum of 30 days coverage after written notice to OSFM of cancellation and shall comply with Section 230.100.  The insurer shall not cancel the insured's coverage or remove an additional insured from the policy coverage without notifying OSFM in writing at least 15 days before cancellation.  [225 ILCS 227/35]

7)         A distributor licensee or production company licensee has changed its officers.  A sworn statement listing all of the distributor's current officers' names and personal addresses, and copies of each officer's driver's license, shall be sent to OSFM. 

8)         A distributor licensee or production company licensee no longer employs a lead operator.  The distributor licensee or production company licensee shall provide OSFM with the full name and last known address of the lead operator. 

c)         The licensee shall notify OSFM in writing within 10 days after a change in his/her address or name.  Proof that the change in address or name had been done in accordance with the law shall be sent to OSFM.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.180  Replacement and Duplicate License

a)         At any time a license has been lost, stolen or destroyed, the licensee shall notify OSFM as required in Section 230.170. Upon receipt of the written notification and the replacement license fee, OSFM will issue a replacement license.

b)         At any time a license becomes worn or damaged to the extent that it is illegible in any respect, or the licensee changes his/her address or name, the license must be returned to OSFM.  Upon receipt of the original license, proof of any changes necessary to maintain correct information as required in Section 230.170, and the duplicate license fee, OSFM will issue a duplicate license.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.190  Report of Theft or Loss of Fireworks

a)         A licensee shall report the theft or loss of fireworks to local law enforcement, DNR, and ATF and to OSFM, by telephone, immediately after discovery.  OSFM may be reached at 217-785-0969 during normal working hours and at the Illinois Emergency Management Agency dispatch number, 800-782-7860, outside normal working hours.

b)         Within 24 hours after discovery of the loss or theft, OSFM must be provided written notice that includes a complete description of the fireworks, including the manufacturer, brand name, any manufacturer marking and quantity, and a description of the circumstances surrounding the theft or loss.  The written notice shall also identify local law enforcement agencies contacted by the licensee and shall be executed under penalty of perjury.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.200  Reporting of Professional, Proximate Audience and Flame Effect Displays

a)         Each licensee shall file an Illinois Display Report with OSFM within 30 days following any pyrotechnic display in which he/she acted as the lead operator.  The report shall be filed on forms provided by OSFM and shall include the names and signatures of all lead operators and assistants.  

b)         The lead operator shall fill out the Pyrotechnic Duties Report of assistants.  The Illinois Display Report shall be signed by the chief of the fire department providing fire protection to the area of display or pyrotechnic service, or his or her designee.

c)         The licensee shall maintain a copy of the Illinois Display Report and also record and maintain with the report the manufacturer or type, quantity and description of the fireworks.

d)         Licensee shall keep the record for a minimum of 4 years from the date of the display.

e)         OSFM may require other information from the licensee relating to displays (for example, how safe was the device, how was the device used, why was this device chosen over another, what type of powder was used, etc.).

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.210  Report of Injury or Property Damage

a)         The licensee shall notify OSFM immediately after the following incident: 

1)         A fire;

2)         An injury to any person resulting from the display; or

3)         Damage to property in excess of $500, in the aggregate, resulting from the display.

b)         OSFM may be reached at 217-785-0969 during normal working hours and at the Illinois Emergency Management Agency dispatch number, 800-782-7860, outside normal working hours.

c)         The licensee shall submit a written report to OSFM within 3 days following a fireworks display conducted by the licensee if any of the following occurred:

1)         Any of the incidents identified in subsection (a); or

2)         Whenever an unsafe or defective pyrotechnic product or equipment was used or observed.

d)         OSFM may require other information from the licensee relating to fireworks displays.

e)         All pyrotechnic materials must be stored in accordance with regulations following personal injury, property damage in excess of $500 or a fire until an investigation has been completed by OSFM. 

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.220  Inspections

a)         A licensee shall make all records required pursuant to Sections 230.190, 230.200 and 230.210 available to authorized representatives of OSFM or the local governmental agency having jurisdiction.

b)         A licensee shall permit the display site and licensee's facility to be inspected at all reasonable times by representatives of OSFM or the local governmental agency. 

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.230  Immediate Suspension

a)         OSFM shall issue an order immediately suspending the license whenever OSFM finds, based upon reasonable belief from on-site observation, record inspection by OSFM personnel, information received from law enforcement personnel or information received from the public, that a licensee:

1)         Permitted a person to act as an assistant who did not meet the requirements of Section 230.130;

2)         Permitted a lead operator to work for a production company under a license previously issued to a separate production company;

3)         Violated the Act, this Part or compliance standard that may cause death or serious injury; or

4)         Participated in an unsafe or illegal act or acts pertaining to pyrotechnics in such a manner that the licensee's continued operations constitute a danger to the public.

b)         OSFM shall serve its order of immediate suspension of a license under this Section by personal service.  The order shall also be sent by certified mail to the licensee's last known address.

c)         OSFM shall serve with the order of immediate suspension a notice containing the information set forth in subsection (a). 

(Source:  Amended at 35 Ill. Reg. 15064, effective September 1, 2011)

Section 230.240  Administrative Actions

Failure to comply with the Act and this Part may subject a licensee to administrative action, including, but not limited to, revocation, suspension, probation, or refusal to issue or renew a license.

Section 230.250  Appeal of an Administrative Action

a)         Any person aggrieved by a decision, order or ruling of OSFM may, as a matter of right, appeal that action. 

b)         All appeal requests shall:

1)         Be in writing;

2)         Contain an address and telephone number where the appellant may be notified of the time and place of the hearing; and

3)         Set forth the reasons why the action of OSFM should be reversed or modified.

c)         Appeals from a decision, order or ruling of the State Fire Marshal or his/her designees shall be instituted by filing a written request for a hearing no later than 10 days following receipt of the notice of the action.  Requests will be deemed to be timely if they are postmarked no later than the time period allowed.

d)                  The appeal request shall be mailed to:

Office of the State Fire Marshal

1035 Stevenson Drive

Springfield, Illinois 62703-4259

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.260  Modifications to NFPA 1126

NFPA 1126, Use of Pyrotechnics Before a Proximate Audience, is modified to include the following additional requirements: 

a)                  Definitions for use in this Section:

"Loading" refers to preparing or mixing for use pyrotechnic material.

            "Mixing room" means the room within the facility used for mixing or loading of pyrotechnic materials.  The room shall be secure and shall be proximate to the display area.

b)         The following are additions to the requirements of Chapter 5 (Storage of Pyrotechnic Materials and Devices):

1)         At any time pyrotechnic materials are stored within the facility, they must be stored in the on-site storage magazine that must be, at minimum, a Type 3 Storage "Day Box" that complies with the requirements set forth by ATF and/or DNR (62 Ill. Adm. Code 200.700) for Type 3 magazines.  The magazine shall be located in the mixing room.

2)         All pyrotechnic material in the lead operator's possession, when not in use or being loaded, must be stored in the magazine.

3)         The mixing room shall be placarded with a "1.4G" USDOT standard placard and a "No Smoking" placard that is 8½" x 11" with 1" lettering.

4)         At least one approved 2½ gallon pressurized water fire extinguisher shall be located within 10' of the mixing room and the door shall be locked when not attended.  The lead operator shall have a key to the room.

5)         The mixing room shall not have carpeting on the floor.

c)         In addition to the requirements of Chapter 8.1 (General Fire Protection), at least 4 pressurized water or pump extinguishers shall be readily available for use (with the manufacturer's instructions).

d)         The following are additions to the requirements of Chapter 8.2 (Firing Prerequisites):

1)         At no time shall the path of a rocket or grid rocket pass directly over an audience in its travel.

2)         All temporary suspended truss components, whether supported from the ground or from a building's ceiling, shall have either a steel aircraft cable 3/8" galvanized wire rope safety backup protecting standard polyester spansets (polyester roundslings) or use GACflexä wire rope soft sling to attach truss to the chain motor.

e)         Section 8.3.6 of Chapter 8.3 (Firing Safeguards) is deleted in its entirety and replaced with the following:

1)                  Warning signal lights must be used to indicate the impending firing of a concussion special effect.  The warning signal lights shall be located at least 25' from the concussion effect but within a distance to warn working personnel and other individuals of the impending concussion effect firing.

2)                  Warning signs shall be posted backstage and onstage by the warning light to indicate the purpose of the warning signal lights.

f)         In addition to the requirements of Chapter 8.3 (Firing Safeguards), prior to commencement of the live entertainment, an announcement to the patrons of the licensed premises must be made to inform the patrons of the locations of exits and fire escapes at the licensed premises.

g)         Section 8.5.7 of Chapter 8.5 (Safety Precautions) is deleted in its entirety and replaced with the following:

The lead operator and assistants shall wear safety glasses and clothing made of cotton during the preparation and loading of the pyrotechnic devices.

Section 230.270  Modifications to NFPA 160

NFPA 160, Flame Effects Before an Audience, is modified to include the following additional requirements: 

a)         Definitions for use in this Section:

"Armed" means confirmation of ignition source.

"Arming" means the key is in the on position, sending a signal to the FSU to light pilot for flame verification.

"Enable" means the system has power, safety valve open, accumulator charging/propane lines charging.

"ESSV" means Electronic Solenoid Safety Valve.

"FSU" means the Flame Safety Unit, a UL-Approved device to confirm an ignition source. 

"Fuel tank" means the tank containing propane.

"Torch" means a gas flame effect no higher than 8" continuously burning, Group I effect.

b)         The following are additions to the requirements of Chapter 7 (Use of Flame Effects):

1)         There shall be a horizontal clearance of at least 10' between the effect and any overhead obstructions.

2)         There shall be a horizontal clearance of at least 10' from any spotlight operator.

3)         All temporary suspended truss components, whether supported from the ground or from a building's ceiling, shall have either a steel aircraft cable 3/8" galvanized wire rope safety backup protecting standard polyester spansets (polyester roundslings) or use GACflexä wire rope soft sling to attach truss to the chain motor.

c)         The following Sections of Chapter 9 (System Components, Flame Effects Control Systems, and Design) are deleted in their entirety and replaced as follows:

9.1.1.               All flame effect control systems shall be designed and installed to prevent accidental firing and unintentional release of fuel.  All firing systems must have at least one key safety interlock and that key should be with the Flame Operator when the unit is not in use.

9.3.2.2.            The amount of fuels that are supplied to the flame effects shall be limited to that amount necessary for operation.

9.3.3.               All flame effect control systems shall be manually and automatically enabled according to a prescribed sequence of operations outlined in the plan, which prepares the flame effect for subsequent arming and firing.

9.3.4.               The arming of the effect shall be manually and automatically monitored and confirmed until the effect is fired.

d)         The following are additions to the requirements of Chapter 9 (System Components, Flame Effects Control Systems, and Design):

1)         The maximum fuel tank size allowed inside a building or facility is 20 lbs.

2)         Hoses shall be located and protected to minimize exposure to physical damage or exposure to abnormally high temperatures, such as temperatures that might result from exposure to convection or radiation from heating equipment.  Hoses shall be free from cuts or defects.  Identified cuts or defects shall not be repaired.  Defective or cut hoses shall be replaced.  Hose that is exposed to moisture shall be constructed of noncorrosive materials or shall be protected against external corrosion. 

3)         The hose, at no time, shall extend through the audience or seating area.

4)         The hose shall not extend from one room to another or pass through any partitions, walls, ceilings, or floors.

5)         If more than one such cylinder is located in a room, the cylinders shall be separated by at least 20'.

6)         All system components, including but not limited to hoses and connectors, shall be listed for their intended use and compatible with the products they contain.

7)         Any accumulators or hose shall be purged of all fuel prior to removal from its location.

8)         Appendices A and B of this Part are added to provide for the minimum layout of propane flame effect devices.

9)         All flame effect displays allowed before an audience are limited to Group V or Group VI control systems.

e)         The following are additions to the requirements of Chapter 11 (Fire Protection Provisions):

1)         At least 4 pressurized water or pump extinguishers shall be readily available for use (with the manufacturer's instructions).

2)         Prior to commencement of the live entertainment, an announcement to the patrons of the licensed premises must be made to inform the patrons of the locations of exits and fire escapes at the licensed premises.

Section 230.280  Criminal History Investigation

a)         The applicant shall submit with his or her application a fingerprint card, using one of the methods identified in subsection (b) or (c) to enable ISP to conduct a criminal history check on the applicant.  [225 ILCS 227/40]

b)         An applicant may submit his/her fingerprints electronically to ISP through a certified Livescan vendor.  The applicant must notify the Livescan vendor that the Purpose Code for the criminal history check is PDA, and the ORI number for OSFM is IL920690Z.  When the Livescan vendor transmits the applicant's fingerprints to ISP, the Livescan vendor will collect the fee specified by ISP for processing fingerprint cards through the ISP and FBI criminal history record files and any additional processing fee charged by the Livescan vendor.

c)         In the event the applicant cannot submit his/her fingerprints through electronic means, he/she must obtain a Fee Applicant Card from ISP.  An applicant may telephone the ISP Supply Room, 815-740-5160, listen to the automated attendant and select Customer Support.  Because the Fee Applicant Card has a unique Transaction Control Number assigned to it, which ISP uses to process the criminal history check, fingerprint cards from other jurisdictions will not be accepted.  Once completed, the applicant should mail the Fee Applicant Card directly to ISP at the address shown on the card, with the required processing fee described in subsection (d).

d)         An applicant who submits his/her fingerprints directly to ISP on a Fee Applicant Card shall pay the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files.  The ISP required processing fee may be made payable to the State Police Services Fund and shall be remitted to ISP for deposit into that Fund (see 225 ILCS 227/40).

e)         If an applicant is a business entity, all officers of the applicant shall submit a fingerprint card for a criminal history investigation in the form and manner identified in this Section.

(Source:  Amended at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.290  Music Entertainment Pyrotechnics Task Force

The Music Entertainment Task Force is established to study pyrotechnic displays and pyrotechnic services in the indoor and outdoor music industry in the State. 

a)         The Task Force shall consist of five members.

1)         The Speaker of the House of Representatives shall appoint two members.

2)         The Minority Leader of the House of Representatives shall appoint two members.

3)         OSFM shall appoint one member.

b)         The Task Force members shall serve without salary.

c)         The Task Force will meet as necessary.

d)         OSFM will provide all staffing and administrative support for the Task Force.

e)         The findings of the Task Force shall be reported to the House of Representatives by filing copies of the report with the Clerk of the House of Representatives no later than January 1, 2011.   

(Source:  Added at 34 Ill. Reg. 16524, effective October 6, 2010)

Section 230.APPENDIX A   Propane Flow Diagram:  Standard with No Accumulator

Section 230.APPENDIX B   Propane Flow Diagram:  Standard with Accumulator