101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2481

 

Introduced , by Rep. Dave Severin

 

SYNOPSIS AS INTRODUCED:
 
New Act
225 ILCS 227/5
425 ILCS 35/Act rep.

    Creates the Pyrotechnic Use Act of 2019. Provides that display fireworks shall only be offered for sale, exposed for sale, sold at retail, or kept with intent to sell, possess, use, or explode under a permit with specific requirements, a specific license, or for a specific use. Provides requirements for selling consumer fireworks. Provides that the State Fire Marshal may revoke the registration of any seller of consumer fireworks if the seller violates the requirements. Provides the requirements for use of consumer fireworks. Provides exemptions. Provides the procedure regarding the seizure and sale of fireworks that are stored and held in violation of the Act. Provides requirements for the storage of consumer fireworks and display fireworks. Defines terms. Makes conforming changes. Repeals the Pyrotechnic Use Act. Effective immediately.


LRB101 05310 JRG 50324 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2481LRB101 05310 JRG 50324 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Pyrotechnic Use Act of 2019.
 
6    Section 5. Definitions. As used in this Act:
7    "Competent display operator" means a Bureau of Alcohol,
8Tobacco, Firearms and Explosives licensee who has participated
9as an assistant in at least 5 public displays of fireworks with
10overall responsibility for the operation and safety of a
11fireworks display.
12    "Consumer fireworks" means fireworks that are suitable for
13use by the public, designed primarily to produce visible
14effects by combustion, and that comply with the construction,
15chemical composition, and labeling regulations of the United
16States Consumer Product Safety Commission. "Consumer
17fireworks" also means fireworks classified as Division 1.4G
18explosives by the United States Department of Transportation
19under 16 CFR Part 1507, 27 CFR Part 555, or 49 CFR 173.56.
20"Consumer fireworks" shall not include: snake or glow worm
21pellets; smoke devices; trick noisemakers known as "party
22poppers", "booby traps", "snappers", "trick matches",
23"cigarette loads", and "auto burglar alarms"; sparklers; toy

 

 

HB2481- 2 -LRB101 05310 JRG 50324 b

1pistols, toy canes, toy guns, or other devices in which paper
2or plastic caps containing twenty-five hundredths grains or
3less of explosive mixture are used, provided they are so
4constructed that the hand cannot come in contact with the cap
5when in place for the explosion; and toy pistol paper or
6plastic caps that contain less than twenty hundredths grains of
7explosive mixture; the sale and use of which shall be permitted
8at all times.
9    "Display fireworks" means pyrotechnic devices or large
10fireworks designed primarily to produce visible or audible
11effects by combustion, deflagration, or detonation. "Display
12fireworks" also means fireworks classified as Division 1.3G
13explosives by the United States Department of Transportation
14under 16 CFR Part 1507, 27 CFR Part 555, or 49 CFR 173.56.
15    "Public display of fireworks" means the use of pyrotechnic
16devices or pyrotechnic materials before a proximate audience,
17whether indoors or outdoors.
18    "Seasonal retailers" means any person, firm,
19co-partnership, nonprofit, or corporation intending to sell
20consumer fireworks between June 10 and July 7, or December 26
21and January 4 of each year or both, and shall include permanent
22businesses, temporary businesses, stores, stands, or tents.
 
23    Section 10. Legality of consumer fireworks and display
24fireworks.
25    (a) Consumer fireworks are legal for retail sale provided

 

 

HB2481- 3 -LRB101 05310 JRG 50324 b

1all applicable federal and State requirements are met.
2    (b) Display fireworks are not legal for retail sale unless
3granted a permit under Section 15.
 
4    Section 15. Sale or use of display fireworks. No person,
5firm, co-partnership, nonprofit, or corporation shall offer
6for sale, expose for sale, sell at retail, keep with intent to
7sell, possess, use, or explode any display fireworks, except:
8        (1) in municipalities the chief of the fire department,
9    or the mayor or village president where there is no fire
10    department, and in counties outside of municipalities the
11    county board or the board of commissioners of the county,
12    may grant permits for supervised public displays of
13    fireworks by municipalities, fair associations, amusement
14    parks, and other organizations or groups of individuals,
15    if:
16            (A) every display is handled by a competent display
17        operator to be approved by the public official by whom
18        the permit is granted, and shall be of such character,
19        as in the opinion of the official, after proper
20        inspection, to not be hazardous to property or endanger
21        any person;
22            (B) at least one competent display operator is on
23        site during display setup and firing and he or she
24        maintains a copy of the permit application, as signed
25        by the local authority having jurisdiction, on site and

 

 

HB2481- 4 -LRB101 05310 JRG 50324 b

1        at all times the display is in place, which shall be
2        presented on demand of the State Fire Marshal or local
3        fire chief;
4            (C) permits are filed with the State Fire Marshal
5        at least 15 days in advance of the date of the display;
6        and
7            (D) any person remaining within the display area is
8        identified as licensed by the Bureau of Alcohol,
9        Tobacco, Firearms and Explosives, an employee thereof,
10        or an assistant in training to become a competent
11        display operator and is at least 18 years of age;
12        (2) the sale, at wholesale, of any display fireworks
13    for permitted displays by any resident manufacturer,
14    wholesaler, dealer, or jobber, in accordance with
15    regulations of the United States Bureau of Alcohol,
16    Tobacco, Firearms and Explosives if the sale is to the
17    person holding a display permit as prescribed in paragraph
18    (1);
19        (3) the sale of display fireworks in accordance with a
20    license issued by the United States Bureau of Alcohol,
21    Tobacco, Firearms and Explosives;
22        (4) the sale and use in emergency situations of
23    pyrotechnic signaling devices and distress signals for
24    marine, aviation, and highway use;
25        (5) the use of fuses and railway torpedoes by
26    railroads;

 

 

HB2481- 5 -LRB101 05310 JRG 50324 b

1        (6) the sale and use of blank cartridges for use in a
2    show or theater or for signal or ceremonial purpose in
3    athletics or sports;
4        (7) the use of any pyrotechnic device by military
5    organizations; or
6        (8) the use of fireworks for agricultural purposes
7    under the direct supervision of the United States
8    Department of the Interior or any equivalent or local
9    agency.
10    Nothing in this Section shall prohibit a person, firm,
11co-partnership, nonprofit, or corporation from offering for
12sale, exposing for sale, selling at retail, keeping with intent
13to sell, possessing or using consumer fireworks as permitted by
14Section 20.
 
15    Section 20. Requirements for sale of consumer fireworks;
16revocation of registration; use of consumer fireworks.
17    (a) Consumer fireworks may be offered for sale, sold at
18retail, or kept with the intent to sell only if the
19requirements of this Section are met.
20    (b) Any person, firm, co-partnership, nonprofit, or
21business intending to sell consumer fireworks shall register
22annually with the State Fire Marshal, who may assess a fee of
23no more than $25 for each site at which fireworks shall be
24sold. This registration requirement does not apply to permanent
25business establishments that are open year-round and in which

 

 

HB2481- 6 -LRB101 05310 JRG 50324 b

1the sale of fireworks is ancillary to the primary course of
2business.
3    (c) Permanent business establishments open year-round and
4in which the sale of consumer fireworks is ancillary to the
5primary course of business shall either meet the definition of
6"seasonal retailer" or be permitted to sell the following
7consumer fireworks:
8        (1) dipped stick-sparklers or wire sparklers;
9        (2) cylindrical fountains;
10        (3) cone fountains;
11        (4) illuminating torches;
12        (5) wheels;
13        (6) ground spinners;
14        (7) flitter sparklers; or
15        (8) toy smoke devices.
16    (d) A seasonal retailer shall register with the State Fire
17Marshal, who may assess a fee of no more than $250 for each
18site at which fireworks shall be sold.
19    (e) Any person, firm, co-partnership, nonprofit, or
20corporation intending to sell consumer fireworks as the primary
21source of business, shall register with the State Fire Marshal,
22who may assess a fee of no more than $500 for each site at which
23fireworks will be sold.
24    (f) The annual registration required by this Section shall
25be received by the State Fire Marshal at least 15 days prior to
26offering fireworks for sale at the site for which the

 

 

HB2481- 7 -LRB101 05310 JRG 50324 b

1registration is intended. If the registration is received less
2than 15 days prior to offering fireworks for sale at the site
3for which registration is intended, an additional assessment of
4$100 shall be added to the initial fee.
5    (g) Each site at which fireworks are offered for sale shall
6have its registration certificate displayed in a conspicuous
7location at the site.
8    (h) No person or business shall give, offer for sale, or
9sell any consumer fireworks to any person under 18 years of
10age.
11    (i) No person under 18 years of age may be employed by a
12fireworks distribution facility or manufacturing facility.
13    (j) No person under 18 years of age shall sell consumer
14fireworks at a consumer fireworks retail sales facility
15registered under this Section unless the individual is
16supervised by a parent or guardian.
17    (k) A person lawfully possessing consumer fireworks may use
18those items if:
19        (1) he or she is at least 18 years of age;
20        (2) the fireworks are not ignited within 200 feet of
21    any structure, vehicle, or other person; and
22        (3) use of the fireworks does not place him or her in
23    violation of any local ordinance.
24    (l) The State Fire Marshal may revoke the registration of
25any site that is in violation of a requirement of this Section
26or any other requirement provided by this Act. If the violation

 

 

HB2481- 8 -LRB101 05310 JRG 50324 b

1renders any property especially susceptible to fire loss and
2there is present such hazard to human life or limb that the
3public safety imperatively requires emergency action, the
4State Fire Marshal may take that action.
 
5    Section 25. Insurance coverage. No permit shall be issued
6under this Act unless the applicant shows proof of insurance as
7required under Section 12 of the Pyrotechnic Distributor and
8Operator Licensing Act. However, the local fire chief or State
9Fire Marshal may require a larger amount if, in his or her
10judgment, the situation requires it, conditioned for the
11payment of all damages which may be caused thereby either to a
12person or to property by reason of the permitted display, and
13arising from any acts of the licensee, his or her agents,
14employees, or subcontractors.
 
15    Section 30. Exemptions. Nothing in this Act prevents the
16retail sale and use of explosives or signaling flares used in
17the course of ordinary business or industry, snake or glow worm
18pellets, smoke devices, trick noisemakers known as "party
19poppers", "booby traps", "snappers", "trick matches",
20"cigarette loads", and "auto burglar alarms", sparklers, toy
21pistols, toy canes, toy guns, or other devices in which paper
22or plastic caps containing twenty-five hundredths grains or
23less of explosive mixture are used, provided they are so
24constructed that the hand cannot come in contact with the cap

 

 

HB2481- 9 -LRB101 05310 JRG 50324 b

1when in place for the explosion, and toy pistol paper or
2plastic caps that contain less than twenty hundredths grains of
3explosive mixture, shells or cartridges used as ammunition in
4firearms, blank cartridges for a show or theater, signal or
5ceremonial purposes in athletics or sports, use by military
6organizations, or the sale of any kind of fireworks provided
7the same are to be shipped by the seller directly out of the
8State.
 
9    Section 35. Seizure and sale of fireworks.
10    (a) The State Fire Marshal, or any fire department having
11jurisdiction which has been deputized to act on behalf of the
12State Fire Marshal, shall cause to be removed at the expense of
13the owner all stocks of fireworks which are stored and held in
14violation of this Act. After a period of 60 days, the seized
15fireworks may be offered for sale by closed bid to a properly
16certified fireworks wholesaler.
17    (b) After a period of 60 days, the seized fireworks may be
18offered for sale by closed bid to a properly certified
19manufacturer, distributor, or wholesaler. All seized fireworks
20or explosives with a Division 1.3G or display firework
21designation shall require the notification of the United States
22Bureau of Alcohol, Tobacco, Firearms and Explosives. The State
23Fire Marshal shall provide the owner or possessor a receipt
24containing the complete inventory of any fireworks seized
25within 5 business days of the seizure.

 

 

HB2481- 10 -LRB101 05310 JRG 50324 b

1    (c) Before any seized fireworks may be disposed of:
2        (1) if the owner of the seized fireworks is known to
3    the State Fire Marshal, the State Fire Marshal shall give
4    notice by registered mail or personal service to the owner
5    of the State Fire Marshal's intention to dispose of the
6    fireworks. The notice shall inform the owner of the State
7    Fire Marshal's intent. The Office of the State Fire Marshal
8    shall conduct an administrative hearing under the
9    provisions of the Illinois Administrative Procedure Act;
10    or
11        (2) if the identity of the owner of any seized
12    fireworks is not known to the State Fire Marshal, the State
13    Fire Marshal shall cause to be published, in a newspaper of
14    general circulation in the county in which the seizure was
15    made, notice of the seizure, and of the State Fire
16    Marshal's intention to dispose of the fireworks. The notice
17    shall be published once each week for 3 consecutive weeks.
18    If no person claims ownership of the fireworks within 10
19    days of the date of the last publication, the State Fire
20    Marshal may proceed with disposal of the fireworks. If the
21    owner does claim the fireworks within 10 days of the date
22    of the last publication, the Office of the State Fire
23    Marshal shall conduct an administrative hearing under the
24    provisions of the Illinois Administrative Procedure Act.
25    (d) Nothing in this Act restricts a county or municipality
26from enacting ordinances that affect the sale or use of

 

 

HB2481- 11 -LRB101 05310 JRG 50324 b

1fireworks within its jurisdiction.
 
2    Section 40. Storage of consumer fireworks and display
3fireworks.
4    (a) The storage of consumer fireworks or display fireworks
5at retail, wholesale, storage, or manufacturing facilities
6shall be reported in writing to the State Fire Marshal and the
7local fire chief of the jurisdiction where the facilities are
8located.
9        (1) The report shall be completed by the owner or
10    lessee of the property or the supplier of the fireworks,
11    and shall include the address of the facility, the location
12    of the fireworks to be stored, a copy of the shipping bill,
13    and whether they are consumer fireworks or display
14    fireworks.
15        (2) The initial report for permanent business
16    establishments open year-round shall be submitted between
17    January 1, 2020, and January 31, 2020, for existing
18    business and 15 days before storage begins for new
19    businesses. The report for permanent business
20    establishments open year-round shall be updated annually
21    and upon a change in location of the stored items.
22    (b) Seasonal retailers shall submit, at least 15 days prior
23to opening for sale each year, a report to the State Fire
24Marshal and the local fire chief of the jurisdiction
25identifying:

 

 

HB2481- 12 -LRB101 05310 JRG 50324 b

1        (1) the address where the sales will be taking place;
2        (2) the address where the fireworks will be stored; and
3        (3) a description of how the fireworks will be stored.
4    Only one report is due if the seasonal retailer stores the
5same product at the same location for both the June 10 through
6July 7 and December 26 through January 4 seasons.
7    (c) Failure to submit a report required under this Section
8shall be cause to cease and desist operation of the facility or
9site until the required information is properly submitted.
10Inspectors shall notify the permit holder in writing and may
11allow 24 hours to remedy the violation, unless the violation
12poses a distinct fire hazard.
 
13    Section 45. Rulemaking. The State Fire Marshal shall adopt
14such rules as may be necessary for the implementation of this
15Act.
 
16    Section 70. The Pyrotechnic Distributor and Operator
17Licensing Act is amended by changing Section 5 as follows:
 
18    (225 ILCS 227/5)
19    Sec. 5. Definitions. In this Act:
20    "1.3G fireworks" means fireworks that are used for
21professional outdoor displays and classified as fireworks
22UN0333, UN0334, or UN0335 by the United States Department of
23Transportation under 49 C.F.R. 172.101.

 

 

HB2481- 13 -LRB101 05310 JRG 50324 b

1    "Assistant" means an individual supervised by a lead
2pyrotechnic operator, who assists with the safety, setup,
3discharge, and removal of a pyrotechnic display.
4    "BATFE" means the federal Bureau of Alcohol, Tobacco,
5Firearms and Explosives.
6    "Consumer fireworks" means fireworks that must comply with
7the construction, chemical composition, and labeling
8regulations of the U.S. Consumer Products Safety Commission, as
9set forth in 16 C.F.R. Parts 1500 and 1507, and classified as
10fireworks UN0336 or UN0337 by the United States Department of
11Transportation under 49 C.F.R. 172.101. "Consumer fireworks"
12does not include a substance or article exempted under the
13Pyrotechnic Use Act of 2019.
14    "Cover licensor" means any pyrotechnic distributor,
15licensed under subsection (c) of Section 35 of this Act, or
16production company, licensed under subsection (c-3) of Section
1735 of this Act, under whose pyrotechnic license a touring
18pyrotechnic company and its touring lead pyrotechnic operators
19and touring technicians provide pyrotechnic displays or
20pyrotechnic services, or both, in the State.
21    "Cover licensor representative" means a licensed lead
22pyrotechnic operator, either employed by the cover licensor or
23insured as an additional named insured on the cover licensor's
24general liability and product liability insurance, as
25applicable, who is responsible for supervising the safety and
26regulatory compliance of the touring lead pyrotechnic

 

 

HB2481- 14 -LRB101 05310 JRG 50324 b

1operators and touring technicians during a pyrotechnic display
2or pyrotechnic service.
3    "Display fireworks" means 1.3G explosive or special
4effects fireworks.
5    "Event employee" means an individual who works under the
6supervision of the lead pyrotechnic operator and who assists
7with the safety, setup, and removal of a pyrotechnic display,
8but does not handle live pyrotechnic materials or charged flame
9equipment.
10    "Facility" means an area being used for the conducting of a
11pyrotechnic display business, but does not include residential
12premises except for the portion of any residential premises
13that is actually used in the conduct of a pyrotechnic display
14business.
15    "Flame effect" means the detonation, ignition, or
16deflagration of flammable gases, liquids, or special materials
17to produce a thermal, physical, visual, or audible effect
18before the public, invitees, or licensees, regardless of
19whether admission is charged in accordance with NFPA 160.
20    "Lead pyrotechnic operator" means the individual with
21overall responsibility for the safety, setup, discharge, and
22supervision of a pyrotechnic display or pyrotechnic service.
23    "Office" means Office of the State Fire Marshal.
24    "Person" means an individual, firm, corporation,
25association, partnership, company, consortium, joint venture,
26commercial entity, state, municipality, or political

 

 

HB2481- 15 -LRB101 05310 JRG 50324 b

1subdivision of a state or any agency, department, or
2instrumentality of the United States and any officer, agent, or
3employee of these entities.
4    "Production company" means any person in the film, digital
5and video media, television, commercial, music, or theatrical
6stage industry who provides pyrotechnic services or
7pyrotechnic display services as part of a film, digital and
8video media, television, commercial, music, or theatrical
9production in the State of Illinois.
10    "Pyrotechnic display" or "display" means the detonation,
11ignition, or deflagration of display fireworks or flame effects
12to produce a visual or audible effect of an exhibitional nature
13before the public, invitees, or licensees, regardless of
14whether admission is charged.
15    "Pyrotechnic distributor" means any person who distributes
16display fireworks for sale in the State of Illinois or provides
17them as part of a pyrotechnic display service in the State of
18Illinois or provides only pyrotechnic services.
19    "Pyrotechnic service" means the detonation, ignition, or
20deflagration of display fireworks, special effects, or flame
21effects to produce a visual or audible effect.
22    "Special effects fireworks" means pyrotechnic devices used
23for special effects by professionals in the performing arts in
24conjunction with theatrical, musical, or other productions
25that are similar to consumer fireworks in chemical compositions
26and construction, but are not intended for consumer use and are

 

 

HB2481- 16 -LRB101 05310 JRG 50324 b

1not labeled as such or identified as "intended for indoor use".
2"Special effects fireworks" are classified as fireworks UN0431
3or UN0432 by the United States Department of Transportation
4under 49 C.F.R. 172.101.
5    "Touring lead pyrotechnic operator" means an individual
6employed by a touring pyrotechnic company who has overall
7responsibility for the safety, setup, discharge, and
8supervision of a pyrotechnic display or pyrotechnic service.
9    "Touring pyrotechnic company" means any person that
10performs pyrotechnic services or pyrotechnic displays in the
11State who lacks a license under subsections (c) or (c-3) of
12Section 35 of this Act.
13    "Touring technician" means an individual employed by a
14touring pyrotechnic company who is at least 18 years of age,
15who is covered by his or her employer's workers' compensation,
16product liability, and general liability policies under
17Section 35 of this Act and who, under the supervision of the
18touring lead pyrotechnic operator, assists with the safety,
19setup, discharge, and removal of a pyrotechnical display.
20(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
 
21    (425 ILCS 35/Act rep.)
22    Section 75. The Pyrotechnic Use Act is repealed.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.