HB0711 EnrolledLRB097 03539 CEL 43576 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Pyrotechnic Distributor and Operator
5Licensing Act is amended by changing Sections 5, 10, 35, 50,
657, 90, and 95 and by adding Section 12 as follows:
 
7    (225 ILCS 227/5)
8    Sec. 5. Definitions. In this Act:
9    "1.3G fireworks" means fireworks that are used for
10professional outdoor displays and classified as fireworks
11UN0333, UN0334, or UN0335 by the United States Department of
12Transportation under 49 C.F.R. 172.101.
13    "Assistant" means an individual supervised by a lead
14pyrotechnic operator, who assists with the safety, setup,
15discharge, and removal of a pyrotechnic display.
16    "BATFE" means the federal Bureau of Alcohol, Tobacco,
17Firearms and Explosives.
18    "Consumer fireworks" means fireworks that must comply with
19the construction, chemical composition, and labeling
20regulations of the U.S. Consumer Products Safety Commission, as
21set forth in 16 C.F.R. Parts 1500 and 1507, and classified as
22fireworks UN0336 or UN0337 by the United States Department of
23Transportation under 49 C.F.R. 172.101. "Consumer fireworks"

 

 

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1does not include a substance or article exempted under the
2Pyrotechnic Use Act.
3    "Cover licensor" means any pyrotechnic distributor,
4licensed under subsection (c) of Section 35 of this Act, or
5production company, licensed under subsection (c-3) of Section
635 of this Act, under whose pyrotechnic license a touring
7pyrotechnic company and its touring lead pyrotechnic operators
8and touring technicians provide pyrotechnic displays or
9pyrotechnic services, or both, in the State.
10    "Cover licensor representative" means a licensed lead
11pyrotechnic operator, either employed by the cover licensor or
12insured as an additional named insured on the cover licensor's
13general liability and product liability insurance, as
14applicable, who is responsible for supervising the safety and
15regulatory compliance of the touring lead pyrotechnic
16operators and touring technicians during a pyrotechnic display
17or pyrotechnic service.
18    "Display fireworks" means 1.3G explosive or special
19effects fireworks.
20    "Event employee" means an individual who works under the
21supervision of the lead pyrotechnic operator and who assists
22with the safety, setup, and removal of a pyrotechnic display,
23but does not handle live pyrotechnic materials or charged flame
24equipment.
25    "Facility" means an area being used for the conducting of a
26pyrotechnic display business, but does not include residential

 

 

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1premises except for the portion of any residential premises
2that is actually used in the conduct of a pyrotechnic display
3business.
4    "Flame effect" means the detonation, ignition, or
5deflagration of flammable gases, liquids, or special materials
6to produce a thermal, physical, visual, or audible effect
7before the public, invitees, or licensees, regardless of
8whether admission is charged in accordance with NFPA 160.
9    "Lead pyrotechnic operator" means the individual with
10overall responsibility for the safety, setup, discharge, and
11supervision of a pyrotechnic display or pyrotechnic service.
12    "Office" means Office of the State Fire Marshal.
13    "Person" means an individual, firm, corporation,
14association, partnership, company, consortium, joint venture,
15commercial entity, state, municipality, or political
16subdivision of a state or any agency, department, or
17instrumentality of the United States and any officer, agent, or
18employee of these entities.
19    "Production company" means any person in the film, digital
20and video media, television, commercial, music, or and
21theatrical stage industry who provides pyrotechnic services or
22pyrotechnic display services as part of a film, digital and
23video media, television, commercial, music, or theatrical
24production in the State of Illinois.
25    "Pyrotechnic display" or "display" means the detonation,
26ignition, or deflagration of display fireworks or flame effects

 

 

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1to produce a visual or audible effect of an exhibitional nature
2before the public, invitees, or licensees, regardless of
3whether admission is charged.
4    "Pyrotechnic distributor" means any person who distributes
5display fireworks for sale in the State of Illinois or provides
6them as part of a pyrotechnic display service in the State of
7Illinois or provides only pyrotechnic services.
8    "Pyrotechnic service" means the detonation, ignition, or
9deflagration of display fireworks, special effects, or flame
10effects to produce a visual or audible effect.
11    "Special effects fireworks" means pyrotechnic devices used
12for special effects by professionals in the performing arts in
13conjunction with theatrical, musical, or other productions
14that are similar to consumer fireworks in chemical compositions
15and construction, but are not intended for consumer use and are
16not labeled as such or identified as "intended for indoor use".
17"Special effects fireworks" are classified as fireworks UN0431
18or UN0432 by the United States Department of Transportation
19under 49 C.F.R. 172.101.
20    "Touring lead pyrotechnic operator" means an individual
21employed by a touring pyrotechnic company who has overall
22responsibility for the safety, setup, discharge, and
23supervision of a pyrotechnic display or pyrotechnic service.
24    "Touring pyrotechnic company" means any person that
25performs pyrotechnic services or pyrotechnic displays in the
26State who lacks a license under subsections (c) or (c-3) of

 

 

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1Section 35 of this Act.
2    "Touring technician" means an individual employed by a
3touring pyrotechnic company who is at least 18 years of age,
4who is covered by his or her employer's workers' compensation,
5product liability, and general liability policies under
6Section 35 of this Act and who, under the supervision of the
7touring lead pyrotechnic operator, assists with the safety,
8setup, discharge, and removal of a pyrotechnical display.
9(Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
 
10    (225 ILCS 227/10)
11    Sec. 10. License; enforcement. No person may act as a
12pyrotechnic distributor, production company, or lead
13pyrotechnic operator, or advertise or use any title implying
14that the person is a pyrotechnic distributor, production
15company, or lead pyrotechnic operator, unless licensed by the
16Office under this Act. An out-of-state person hired for or
17engaged in pyrotechnic services or a pyrotechnic display must
18be employed by a licensed pyrotechnic distributor or licensed
19production company and hold a lead pyrotechnic operator license
20issued by the Office. No pyrotechnic services or pyrotechnic
21display shall be conducted without a person licensed under this
22Act as a lead pyrotechnic operator supervising the pyrotechnic
23display or pyrotechnic service. The State Fire Marshal, in the
24name of the People, through the Attorney General, the State's
25Attorney of any county, any resident of the State, or any legal

 

 

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1entity within the State may apply for injunctive relief in any
2court to enjoin any person who has not been issued a license or
3whose license has been suspended, revoked, or not renewed, from
4practicing a licensed activity. Upon filing a verified petition
5in court, the court, if satisfied by affidavit, or otherwise,
6that the person is or has been practicing in violation of this
7Act, may enter a temporary restraining order or preliminary
8injunction, without bond, enjoining the defendant from further
9unlicensed activity. A copy of the verified complaint shall be
10served upon the defendant and the proceedings are to be
11conducted as in other civil cases. The court may enter a
12judgment permanently enjoining a defendant from further
13unlicensed activity if it is established that the defendant has
14been or is practicing in violation of this Act. In case of
15violation of any injunctive order or judgment entered under
16this Section, the court may summarily try and punish the
17offender for contempt of court. Injunctive proceedings are in
18addition to all penalties and other remedies in this Act.
19(Source: P.A. 96-708, eff. 8-25-09.)
 
20    (225 ILCS 227/12 new)
21    Sec. 12. Cover license.
22    (a) Prior to engaging in the setup, discharge, and
23supervision of a pyrotechnic display or pyrotechnic service in
24the State, all touring pyrotechnic companies shall associate
25themselves with a cover licensor in accordance with this

 

 

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1Section. Such association shall be at the discretion of the
2cover licensor, and a touring pyrotechnic company shall not
3setup or discharge a pyrotechnic display or pyrotechnic service
4in the State without such association.
5    (b) Prior to associating itself with a cover licensor in
6accordance with this Section, the touring pyrotechnic company
7shall send the cover licensor the following pre-permitting
8information a minimum of 20 business days before the event:
9        (1) a pyrotechnic plan for the event that meets the
10    specifications of the most current edition of NFPA 1126,
11    Standard for the Use of Pyrotechnics Before a Proximate
12    Audience, Sections 6.2 and 6.3 or NFPA 160, Standard for
13    the Use of Flame Effects Before an Audience, Section 5.3,
14    or both;
15        (2) a Certificate of Insurance showing proof of not
16    less than $1,000,000 in product liability insurance and
17    $1,000,000 in general liability insurance that both covers
18    the pyrotechnic display or pyrotechnic service provided
19    and naming the cover licensor as an additional insured; the
20    product and general liability insurance coverage shall be
21    an occurrence-based policy, or its equivalent, and it shall
22    cover all periods of time during which pyrotechnical
23    materials, including flame effect materials, are in the
24    insured's actual or constructive possession, including
25    those times when the materials are being stored,
26    transported, handled, used, discharged, and displayed; and

 

 

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1        (3) proof of Illinois workers' compensation insurance
2    held by the touring pyrotechnic company for all periods of
3    time during which the touring pyrotechnic company
4    employees are engaged in employment-related activities in
5    the State.
6    (c) After confirming the sufficiency of the touring
7pyrotechnic company's pre-permitting information and agreeing
8to associate itself with the touring pyrotechnic company, the
9cover licensor shall be obligated to contact the Office of the
10State Fire Marshal and any authority having jurisdiction over
11the venue or location of the State-based pyrotechnic display or
12pyrotechnic service with the following information a minimum of
1315 days before the event:
14        (1) a pyrotechnic plan for the event that meets the
15    specifications of the most current edition of NFPA 1126,
16    Standard for the Use of Pyrotechnics Before a Proximate
17    Audience, Sections 6.2 and 6.3 or NFPA 160, Standard for
18    the Use of Flame Effects Before an Audience, Section 5.3,
19    or both;
20        (2) the cover licensor's own Certificate of Insurance
21    showing proof of the necessary insurance coverage as
22    provided in Section 35 of this Act that covers the
23    pyrotechnic service or pyrotechnic display provided and
24    names the touring pyrotechnic company as an additional
25    insured and proof of Illinois workers' compensation
26    insurance;

 

 

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1        (3) the touring pyrotechnic company's Certificate of
2    Insurance showing proof of not less than $1,000,000 in
3    product liability insurance and $1,000,000 in general
4    liability insurance that covers the pyrotechnic service or
5    pyrotechnic display, provided that each of which names the
6    cover licensor as an additional insured;
7        (4) the touring pyrotechnic company's proof of
8    Illinois workers' compensation insurance for all periods
9    of time during which the touring pyrotechnic company
10    employees are engaged in employment-related activities in
11    the State; and
12        (5) the touring pyrotechnic company's contact
13    information.
14    (d) Questions or concerns raised by either the Office of
15the State Fire Marshal or the authority having jurisdiction
16regarding the information submitted by the touring pyrotechnic
17company shall be directed to, and resolved by, the touring
18pyrotechnic company prior to the event.
19    (e) The cover licensor representative shall be present
20during, and shall personally supervise, all phases of the
21pyrotechnic display or pyrotechnic service subject to the cover
22license. The cover licensor representative shall personally
23supervise all touring lead pyrotechnic operators, touring
24technicians, assistants, and event employees.
25    (f) Representatives of the Office of the State Fire
26Marshal, the authority having jurisdiction, and the cover

 

 

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1licensor representative each possess the authority to halt any
2pyrotechnic display or pyrotechnic service governed by the
3cover license should questions arise about failures to follow
4industry standards and safety guidelines, including the most
5current edition of NFPA 1126, Standard for the Use of
6Pyrotechnics Before a Proximate Audience, and NFPA 160,
7Standard for the Use of Flame Effects Before an Audience.
8Pyrotechnic displays and pyrotechnic services halted due to
9safety concerns shall resume only with the express written
10approval of both the cover licensor representative and the
11authority having jurisdiction.
 
12    (225 ILCS 227/35)
13    Sec. 35. Licensure requirements and fees.
14    (a) Each application for a license to practice under this
15Act shall be in writing and signed by the applicant on forms
16provided by the Office.
17    (b) After January 1, 2006, all pyrotechnic displays and
18pyrotechnic services, both indoor and outdoor, must comply with
19the requirements set forth in this Act.
20    (c) After January 1, 2006, no person may engage in
21pyrotechnic distribution without first applying for and
22obtaining a license from the Office. Applicants for a license
23must submit to the Office the following:
24        (1) A current BATFE license for the type of pyrotechnic
25    service or pyrotechnic display service provided.

 

 

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1        (2) Proof of $1,000,000 in product liability
2    insurance.
3        (3) Proof of $1,000,000 in general liability insurance
4    that covers the pyrotechnic display service or pyrotechnic
5    service provided.
6        (4) Proof of Illinois Workers' Compensation Insurance.
7        (5) A license fee set by the Office.
8        (6) Proof of a current United States Department of
9    Transportation (DOT) Identification Number.
10        (7) Proof of a current USDOT Hazardous Materials
11    Registration Number.
12        (8) Proof of having the requisite knowledge, either
13    through training, examination, or continuing education, as
14    established by Office rule.
15    (c-3) After January 1, 2010, no production company may
16provide pyrotechnic displays display services or pyrotechnic
17services as part of any production without either (i) obtaining
18a production company license from the Office under which all
19pyrotechnic displays display services and pyrotechnic services
20are performed by a licensed lead pyrotechnic operator or (ii)
21hiring a pyrotechnic distributor licensed in accordance with
22this Act to perform the pyrotechnic displays display services
23or pyrotechnic services. Applicants for a production company
24license must submit to the Office the following:
25        (1) Proof of $2,000,000 in commercial general
26    liability insurance that covers any damage or injury

 

 

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1    resulting from the pyrotechnic displays display services
2    or pyrotechnic services provided.
3        (2) Proof of Illinois Worker's Compensation insurance.
4        (3) A license fee set by the Office.
5        (4) Proof of a current USDOT Identification Number,
6    unless: proof of such is provided by the employed lead
7    pyrotechnic operator.
8            (A) proof of such is provided by the lead
9        pyrotechnic operator employed by the production
10        company or insured as an additional named insured on
11        the production company's general liability insurance,
12        as required under paragraph (1) of this subsection; or
13            (B) the production company certifies under penalty
14        of perjury that it engages only in flame effects or
15        never transports materials in quantities that require
16        registration with USDOT, or both.
17        (5) Proof of a current USDOT Hazardous Materials
18    Registration Number, unless: proof of such is provided by
19    the employed lead pyrotechnic operator.
20        (A) proof of such is provided by the lead pyrotechnic
21    operator employed by the production company or insured as
22    an additional named insured on the production company's
23    general liability insurance, as required under paragraph
24    (1) of this subsection; or
25        (B) the production company certifies under penalty of
26    perjury that it engages only in flame effects or never

 

 

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1    transports materials in quantities that require
2    registration with USDOT, or both.
3        (6) Identification of the licensed lead pyrotechnic
4    operator being employed by the production company or
5    insured as an additional named insured on the production
6    company's general liability insurance, as required under
7    paragraph (1) of this subsection.
8    The insurer shall not cancel the insured's coverage or
9remove any additional named insured or an additional insured
10from the policy coverage without notifying the Office in
11writing at least 15 days before cancellation.
12    (c-5) After January 1, 2006, no individual may act as a
13lead operator in a pyrotechnic display without first applying
14for and obtaining a lead pyrotechnic operator's license from
15the Office. The Office shall establish separate licenses for
16lead pyrotechnic operators for indoor and outdoor pyrotechnic
17displays. Applicants for a license must:
18        (1) Pay the fees set by the Office.
19        (2) Have the requisite training or continuing
20    education as established in the Office's rules.
21        (3) (Blank).
22    (d) A person is qualified to receive a license under this
23Act if the person meets all of the following minimum
24requirements:
25        (1) Is at least 21 years of age.
26        (2) Has not willfully violated any provisions of this

 

 

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1    Act.
2        (3) Has not made any material misstatement or knowingly
3    withheld information in connection with any original or
4    renewal application.
5        (4) Has not been declared incompetent by any competent
6    court by reasons of mental or physical defect or disease
7    unless a court has since declared the person competent.
8        (5) Does not have an addiction to or dependency on
9    alcohol or drugs that is likely to endanger the public at a
10    pyrotechnic display.
11        (6) Has not been convicted in any jurisdiction of any
12    felony within the prior 5 years.
13        (7) Is not a fugitive from justice.
14        (8) Has, or has applied for, a BATFE explosives license
15    or a Letter of Clearance from the BATFE.
16        (9) If a lead pyrotechnic operator is employed by a
17    political subdivision of the State or by a licensed
18    production company, or is insured as an additional named
19    insured on the production company's general liability
20    insurance, as required under paragraph (1) of subsection
21    (c-3) of this Section, he or she shall have a BATFE license
22    for the pyrotechnic services or pyrotechnic display
23    services provided.
24        (10) If a production company has not provided proof of
25    a current USDOT Identification Number and a current USDOT
26    Hazardous Materials Registration Number, as required by

 

 

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1    paragraphs (5) and (6) of subsection (c-3) of this Section,
2    then the lead pyrotechnic operator employed by the
3    production company or insured as an additional named
4    insured on the production company's general liability
5    insurance, as required under paragraph (1) of subsection
6    (c-3) of this Section, which it employs shall provide such
7    proof to the Office.
8    (e) A person is qualified to assist a lead pyrotechnic
9operator if the person meets all of the following minimum
10requirements:
11        (1) Is at least 18 years of age.
12        (2) Has not willfully violated any provision of this
13    Act.
14        (3) Has not been declared incompetent by any competent
15    court by reasons of mental or physical defect or disease
16    unless a court has since declared the person competent.
17        (4) Does not have an addiction to or dependency on
18    alcohol or drugs that is likely to endanger the public at a
19    pyrotechnic display.
20        (5) Has not been convicted in any jurisdiction of any
21    felony within the prior 5 years.
22        (6) Is not a fugitive from justice.
23        (7) Is employed as an employee of the licensed
24    pyrotechnic distributor or the licensed production
25    company, or insured as an additional named insured on the
26    pyrotechnic distributor's product liability and general

 

 

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1    liability insurance, as required under paragraphs (2) and
2    (3) of subsection (c) of this Section, or insured as an
3    additional named insured on the production company's
4    general liability insurance, as required under paragraph
5    (1) of subsection (c-3) of this Section.
6        (8) Has been registered with the Office by the licensed
7    distributor or the licensed production company on a form
8    provided by the Office prior to the time when the assistant
9    begins work as an employee on the pyrotechnic display or
10    pyrotechnic service.
11(Source: P.A. 96-708, eff. 8-25-09.)
 
12    (225 ILCS 227/50)
13    Sec. 50. Issuance of license; renewal; fees nonrefundable.
14    (a) The Office, upon the applicant's satisfactory
15completion of the requirements imposed under this Act and upon
16receipt of the requisite fees, shall issue the appropriate
17license showing the name, address, and photograph of the
18licensee and the dates of issuance and expiration. The license
19shall include the name of the pyrotechnic distributor or
20production company employing the lead pyrotechnic operator or
21insuring the lead pyrotechnic operator as an additional named
22insured on the pyrotechnic distributor's product liability and
23general liability insurance, as required under paragraphs (2)
24and (3) of subsection (c) of Section 35, or insuring the lead
25pyrotechnic operator as an additional named insured on the

 

 

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1production company's general liability insurance, as required
2under paragraph (1) of subsection (c-3) of Section 35. A lead
3pyrotechnic operator is required to have a separate license for
4each pyrotechnic distributor or production company who employs
5the lead pyrotechnic operator or insures the lead pyrotechnic
6operator as an additional named insured on the pyrotechnic
7distributor's product liability and general liability
8insurance, as required under paragraphs (2) and (3) of
9subsection (c) of Section 35, or insures the lead pyrotechnic
10operator as an additional named insured on the production
11company's general liability insurance, as required under
12paragraph (1) of subsection (c-3) of Section 35.
13    (b) Each licensee may apply for renewal of his or her
14license upon payment of the applicable fees. The expiration
15date and renewal period for each license issued under this Act
16shall be set by rule. Failure to renew within 60 days of the
17expiration date results in lapse of the license. A lapsed
18license may not be reinstated until a written application is
19filed, the renewal fee is paid, and the reinstatement fee
20established by the Office is paid. Renewal and reinstatement
21fees shall be waived for persons who did not renew while on
22active duty in the military and who file for renewal or
23restoration within one year after discharge from the service. A
24lapsed license may not be reinstated after 5 years have elapsed
25except upon passing an examination to determine fitness to have
26the license restored and by paying the required fees.

 

 

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1    (c) All fees paid under this Act are nonrefundable.
2    (d) A production company licensed under this Act shall pay
3all applicable licensing fees for each lead pyrotechnic
4operator it employs or insures as an additional named insured
5on the production company's general liability insurance, as
6required under paragraph (1) of subsection (c-3) of Section 35.
7(Source: P.A. 96-708, eff. 8-25-09.)
 
8    (225 ILCS 227/57)
9    Sec. 57. Training; additional lead pyrotechnic operators.
10No pyrotechnic distributor or production company shall allow
11any person in the pyrotechnic distributor's or production
12company's employ to act as a lead pyrotechnic operator until
13the person has obtained a lead pyrotechnic operator's license
14from the Office. Nothing in this Section shall prevent an
15assistant from acting as a lead pyrotechnic operator under the
16direct supervision of a licensed lead pyrotechnic operator for
17training purposes.
18(Source: P.A. 96-708, eff. 8-25-09.)
 
19    (225 ILCS 227/90)
20    Sec. 90. Penalties. Any natural person who violates any of
21the following provisions is guilty of a Class A misdemeanor for
22the first offense and a corporation or other entity that
23violates any of the following provisions provision commits a
24business offense punishable by a fine not to exceed $5,000; a

 

 

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1second or subsequent offense in violation of any Section of
2this Act, including this Section, is a Class 4 felony if
3committed by a natural person, or a business offense punishable
4by a fine of up to $10,000 if committed by a corporation or
5other business entity:
6        (1) Practicing or attempting to practice as a
7    pyrotechnic distributor or production company, or lead
8    pyrotechnic operator without a license;
9        (2) Obtaining or attempting to obtain a license,
10    practice or business, or any other thing of value by
11    fraudulent representation;
12        (3) Permitting, directing, or authorizing any person
13    in one's employ or under one's direction or supervision to
14    work or serve as a licensee if that individual does not
15    possess an appropriate valid license.
16    Whenever any person is punished as a repeat offender under
17this Section, the Office may proceed to obtain a permanent
18injunction against the person under Section 10. If any person
19in making any oath or affidavit required by this Act swears
20falsely, the person is guilty of perjury and upon conviction
21may be punished accordingly.
22(Source: P.A. 96-708, eff. 8-25-09.)
 
23    (225 ILCS 227/95)
24    Sec. 95. Display Reports. A lead pyrotechnic operator
25shall file an Illinois Display Report, which shall include the

 

 

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1names and signatures of all lead pyrotechnic operators and
2assistants participating in the pyrotechnic display or
3pyrotechnic service and the name, department, and signature of
4the fire protection jurisdiction, with the Office within 30
5days following any pyrotechnic display or pyrotechnic service.
6The fire protection jurisdiction shall sign the Ilinois Display
7Report if the information therein is true and correct.
8(Source: P.A. 96-708, eff. 8-25-09.)
 
9    Section 10. The Pyrotechnic Use Act is amended by changing
10Sections 1 and 2.1 as follows:
 
11    (425 ILCS 35/1)  (from Ch. 127 1/2, par. 127)
12    Sec. 1. Definitions. As used in this Act, the following
13words shall have the following meanings:
14    "1.3G fireworks" means those fireworks used for
15professional outdoor displays and classified as fireworks
16UN0333, UN0334, or UN0335 by the United States Department of
17Transportation under 49 C.F.R. 172.101.
18    "Consumer distributor" means any person who distributes,
19offers for sale, sells, or exchanges for consideration consumer
20fireworks in Illinois to another distributor or directly to any
21retailer or person for resale.
22    "Consumer fireworks" means those fireworks that must
23comply with the construction, chemical composition, and
24labeling regulations of the U.S. Consumer Products Safety

 

 

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1Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
2classified as fireworks UN0336 or UN0337 by the United States
3Department of Transportation under 49 C.F.R. 172.101.
4"Consumer fireworks" shall not include snake or glow worm
5pellets; smoke devices; trick noisemakers known as "party
6poppers", "booby traps", "snappers", "trick matches",
7"cigarette loads", and "auto burglar alarms"; sparklers; toy
8pistols, toy canes, toy guns, or other devices in which paper
9or plastic caps containing twenty-five hundredths grains or
10less of explosive compound are used, provided they are so
11constructed that the hand cannot come in contact with the cap
12when in place for the explosion; and toy pistol paper or
13plastic caps that contain less than twenty hundredths grains of
14explosive mixture; the sale and use of which shall be permitted
15at all times.
16    "Consumer fireworks display" or "consumer display" means
17the detonation, ignition, or deflagration of consumer
18fireworks to produce a visual or audible effect.
19    "Consumer operator" means an adult individual who is
20responsible for the safety, setup, and discharge of the
21consumer fireworks display and who has completed the training
22required in Section 2.2 of this Act.
23    "Consumer retailer" means any person who offers for sale,
24sells, or exchanges for consideration consumer fireworks in
25Illinois directly to any person with a consumer display permit.
26    "Display fireworks" means 1.3G or special effects

 

 

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1fireworks or as further defined in the Pyrotechnic Distributor
2and Operator Licensing Act.
3    "Flame effect" means the detonation, ignition, or
4deflagration of flammable gases, liquids, or special materials
5to produce a thermal, physical, visual, or audible effect
6before the public, invitees, or licensees, regardless of
7whether admission is charged, in accordance with National Fire
8Protection Association 160 guidelines, and as may be further
9defined in the Pyrotechnic Distributor and Operator Licensing
10Act.
11    "Lead pyrotechnic operator" means an individual who is
12responsible for the safety, setup, and discharge of the
13pyrotechnic display or pyrotechnic service and who is licensed
14pursuant to the Pyrotechnic Distributor and Operator Licensing
15Act.
16    "Person" means an individual, firm, corporation,
17association, partnership, company, consortium, joint venture,
18commercial entity, state, municipality, or political
19subdivision of a state or any agency, department, or
20instrumentality of the United States and any officer, agent, or
21employee of these entities.
22    "Production company" means any person in the film, digital
23and video media, television, commercial, music, or and
24theatrical stage industry who provides pyrotechnic services or
25pyrotechnic display services as part of a film, digital and
26video media, television, commercial, music, or theatrical

 

 

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1production in the State of Illinois and is licensed by the
2Office pursuant to the Pyrotechnic Distributor and Operator
3Licensing Act.
4    "Pyrotechnic display" means the detonation, ignition, or
5deflagration of display fireworks or flame effects to produce
6visual or audible effects of a exhibitional nature before the
7public, invitees, or licensees, regardless of whether
8admission is charged, and as may be further defined in the
9Pyrotechnic Distributor and Operator Licensing Act.
10    "Pyrotechnic distributor" means any person who distributes
11display fireworks for sale in the State of Illinois or provides
12them as part of a pyrotechnic display service in the State of
13Illinois or provides only pyrotechnic services and is licensed
14by the Office pursuant to the Pyrotechnic Distributor and
15Operator Licensing Act.
16    "Pyrotechnic service" means the detonation, ignition or
17deflagration of display fireworks, special effects or flame
18effects to produce a visual or audible effect.
19    "Special effects fireworks" means pyrotechnic devices used
20for special effects by professionals in the performing arts in
21conjunction with theatrical, musical, or other productions
22that are similar to consumer fireworks in chemical compositions
23and construction, but are not intended for consumer use and are
24not labeled as such or identified as "intended for indoor use".
25"Special effects fireworks" are classified as fireworks UN0431
26or UN0432 by the United States Department of Transportation

 

 

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1under 49 C.F.R. 172.101.
2(Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
 
3    (425 ILCS 35/2.1)
4    Sec. 2.1. Pyrotechnic displays or pyrotechnic service.
5Each pyrotechnic display or pyrotechnic service shall be
6conducted by a licensed lead pyrotechnic operator employed by a
7licensed pyrotechnic distributor or a licensed production
8company, or insured as an additional named insured on the
9pyrotechnic distributor's product liability and general
10liability insurance, as required under paragraphs 2 and 3 of
11subsection (c) of Section 35 of the Pyrotechnic Distribution
12and Operating Licensing Act, or insured as an additional named
13insured on the production company's general liability
14insurance, as required under paragraph (1) of subsection (c-3)
15of Section 35 of the Pyrotechnic Distribution and Operating
16Licensing Act. Applications for a pyrotechnic display permit
17shall be made in writing at least 15 days in advance of the
18date of the pyrotechnic display or pyrotechnic service, unless
19agreed to otherwise by the local jurisdiction issuing the
20permit and the fire chief of the jurisdiction in which the
21display or pyrotechnic service will occur. After a permit has
22been granted, sales, possession, use, and distribution of
23display fireworks for the display or pyrotechnic service shall
24be lawful for that purpose only. No permit granted hereunder
25shall be transferable.

 

 

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1    Pyrotechnic display permits may be granted hereunder to any
2adult individual applying therefor. No permit shall be required
3under the provisions of this Act for supervised public displays
4by State or County fair associations.
5    The applicant seeking the pyrotechnic display permit must
6provide proof of liability insurance in a sum not less than
7$1,000,000 to the local governmental entity issuing the permit.
8    A permit shall be issued only after the chief of the fire
9department providing fire protection coverage to the area of
10display or pyrotechnic service, or his or her designee, has
11inspected the site and determined that the display or
12pyrotechnic service can be performed in full compliance with
13the rules adopted by the State Fire Marshal and that the
14display or pyrotechnic service shall not be hazardous to
15property or endanger any person or persons. Nothing in this
16Section shall prohibit the issuer of a permit from adopting
17more stringent rules.
18    All indoor pyrotechnic displays and pyrotechnic services
19shall be conducted in buildings protected by automatic
20sprinkler systems and meeting the requirements of rules adopted
21by the State Fire Marshal pursuant to this Act. At the time an
22individual applies for an indoor pyrotechnic display permit
23from the local jurisdiction, written notice of the permit
24application and the indoor display or pyrotechnic service
25information shall be made in writing at least 15 days in
26advance of the date of the pyrotechnic display or pyrotechnic

 

 

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1service to the Office, unless agreed to otherwise by the
2Office.
3    Permits shall be signed by the chief of the fire department
4providing fire protection to the area of display or pyrotechnic
5service, or his or her designee, and must identify the licensed
6pyrotechnic distributor or licensed production company and the
7lead pyrotechnic operator.
8(Source: P.A. 96-708, eff. 8-25-09.)
 
9    Section 99. Effective date. This Act takes effect January
101, 2012.