| |||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Pyrotechnic
Distributor and
Operator | ||||||
5 | Licensing Act is amended by changing Sections 5, 10, 35, 50, | ||||||
6 | 57, 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 | ||||||
10 | professional outdoor displays and classified as fireworks | ||||||
11 | UN0333, UN0334, or UN0335 by the United States Department of | ||||||
12 | Transportation under 49 C.F.R. 172.101. | ||||||
13 | "Assistant" means an individual supervised by a lead | ||||||
14 | pyrotechnic operator, who assists with the safety, setup, | ||||||
15 | discharge, and removal of a pyrotechnic display. | ||||||
16 | "BATFE" means the federal Bureau of Alcohol, Tobacco, | ||||||
17 | Firearms and Explosives. | ||||||
18 | "Consumer fireworks" means fireworks that must comply with | ||||||
19 | the construction, chemical composition, and labeling | ||||||
20 | regulations of the U.S. Consumer Products Safety Commission, as | ||||||
21 | set forth in 16 C.F.R. Parts 1500 and 1507, and classified as | ||||||
22 | fireworks UN0336 or UN0337 by the United States Department of | ||||||
23 | Transportation under 49 C.F.R. 172.101. "Consumer fireworks" |
| |||||||
| |||||||
1 | does not include a substance or article exempted under the | ||||||
2 | Pyrotechnic Use Act.
| ||||||
3 | "Cover licensor" means any pyrotechnic distributor, | ||||||
4 | licensed under subsection (c) of Section 35 of this Act, or | ||||||
5 | production company, licensed under subsection (c-3) of Section | ||||||
6 | 35 of this Act, under whose pyrotechnic license a touring | ||||||
7 | pyrotechnic company and its touring lead pyrotechnic operators | ||||||
8 | and touring technicians provide pyrotechnic displays or | ||||||
9 | pyrotechnic services, or both, in the State. | ||||||
10 | "Cover licensor representative" means a licensed lead | ||||||
11 | pyrotechnic operator, either employed by the cover licensor or | ||||||
12 | insured as an additional named insured on the cover licensor's | ||||||
13 | general liability and product liability insurance, as | ||||||
14 | applicable, who is responsible for supervising the safety and | ||||||
15 | regulatory compliance of the touring lead pyrotechnic | ||||||
16 | operators and touring technicians during a pyrotechnic display | ||||||
17 | or pyrotechnic service. | ||||||
18 | "Display fireworks" means
1.3G explosive or special | ||||||
19 | effects fireworks.
| ||||||
20 | "Event employee" means an individual who works under the | ||||||
21 | supervision of the lead pyrotechnic operator and who assists | ||||||
22 | with the safety, setup, and removal of a pyrotechnic display, | ||||||
23 | but does not handle live pyrotechnic materials or charged flame | ||||||
24 | equipment. | ||||||
25 | "Facility" means an area being used for the conducting of a | ||||||
26 | pyrotechnic display business, but does not include residential |
| |||||||
| |||||||
1 | premises except for the portion of any residential premises | ||||||
2 | that is actually used in the conduct of a pyrotechnic display | ||||||
3 | business.
| ||||||
4 | "Flame effect" means the detonation, ignition, or | ||||||
5 | deflagration of flammable gases, liquids, or special materials | ||||||
6 | to produce a thermal, physical, visual, or audible effect | ||||||
7 | before the public, invitees, or licensees, regardless of | ||||||
8 | whether admission is charged in accordance with NFPA 160.
| ||||||
9 | "Lead pyrotechnic operator" means the individual with | ||||||
10 | overall
responsibility
for the safety, setup, discharge, and | ||||||
11 | supervision of a pyrotechnic display or pyrotechnic service.
| ||||||
12 | "Office" means Office of the State Fire Marshal.
| ||||||
13 | "Person" means an individual, firm, corporation, | ||||||
14 | association,
partnership,
company, consortium, joint venture, | ||||||
15 | commercial entity, state,
municipality, or
political | ||||||
16 | subdivision of a state or any agency, department, or
| ||||||
17 | instrumentality of the
United States and any officer, agent, or | ||||||
18 | employee of these entities.
| ||||||
19 | "Production company" means any person in the film, digital | ||||||
20 | and video media, television, commercial, music, or and | ||||||
21 | theatrical stage industry who provides pyrotechnic services or | ||||||
22 | pyrotechnic display services as part of a film, digital and | ||||||
23 | video media, television, commercial, music, or theatrical | ||||||
24 | production in the State of Illinois. | ||||||
25 | "Pyrotechnic display" or "display" means the detonation, | ||||||
26 | ignition, or
deflagration of display fireworks or flame effects
|
| |||||||
| |||||||
1 | to produce a visual or audible effect of an
exhibitional nature | ||||||
2 | before the public, invitees, or licensees, regardless of
| ||||||
3 | whether admission is charged. | ||||||
4 | "Pyrotechnic distributor" means any person who distributes | ||||||
5 | display fireworks for sale in the State of Illinois or provides | ||||||
6 | them as part of a pyrotechnic display service in the State of | ||||||
7 | Illinois or provides only pyrotechnic services. | ||||||
8 | "Pyrotechnic service" means the detonation, ignition, or | ||||||
9 | deflagration of display fireworks, special effects, or flame | ||||||
10 | effects to produce a visual or audible effect. | ||||||
11 | "Special effects fireworks" means pyrotechnic devices used | ||||||
12 | for special effects by professionals in the performing arts in | ||||||
13 | conjunction with theatrical, musical, or other productions | ||||||
14 | that are similar to consumer fireworks in chemical compositions | ||||||
15 | and construction, but are not intended for consumer use and are | ||||||
16 | not labeled as such or identified as "intended for indoor use". | ||||||
17 | "Special effects fireworks" are classified as fireworks UN0431 | ||||||
18 | or UN0432 by the United States Department of Transportation | ||||||
19 | under 49 C.F.R. 172.101.
| ||||||
20 | "Touring lead pyrotechnic operator" means an individual | ||||||
21 | employed by a touring pyrotechnic company who has overall | ||||||
22 | responsibility for the safety, setup, discharge, and | ||||||
23 | supervision of a pyrotechnic display or pyrotechnic service. | ||||||
24 | "Touring pyrotechnic company" means any person that | ||||||
25 | performs pyrotechnic services or pyrotechnic displays in the | ||||||
26 | State who lacks a license under subsections (c) or (c-3) of |
| |||||||
| |||||||
1 | Section 35 of this Act. | ||||||
2 | "Touring technician" means an individual employed by a | ||||||
3 | touring pyrotechnic company who is at least 18 years of age, | ||||||
4 | who is covered by his or her employer's workers' compensation, | ||||||
5 | product liability, and general liability policies under | ||||||
6 | Section 35 of this Act and who, under the supervision of the | ||||||
7 | touring lead pyrotechnic operator, assists with the safety, | ||||||
8 | setup, 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 | ||||||
12 | pyrotechnic distributor, production company, or
lead | ||||||
13 | pyrotechnic
operator, or advertise or use any title implying | ||||||
14 | that the person is a pyrotechnic distributor, production | ||||||
15 | company, or
lead
pyrotechnic operator, unless licensed by the | ||||||
16 | Office under this Act. An
out-of-state person hired for or | ||||||
17 | engaged in pyrotechnic services or a pyrotechnic display must | ||||||
18 | be employed by a licensed
pyrotechnic distributor or licensed | ||||||
19 | production company and hold a lead pyrotechnic operator license | ||||||
20 | issued by the Office. No pyrotechnic services or pyrotechnic | ||||||
21 | display shall be conducted without a
person licensed under this | ||||||
22 | Act as a lead pyrotechnic operator supervising the pyrotechnic
| ||||||
23 | display or pyrotechnic service . The State Fire Marshal, in the | ||||||
24 | name of the People, through the
Attorney General, the State's | ||||||
25 | Attorney of any county, any resident of the
State, or any legal |
| |||||||
| |||||||
1 | entity within the State may apply for injunctive relief in
any | ||||||
2 | court to enjoin any person who has not been issued a license or | ||||||
3 | whose
license has been suspended, revoked, or not renewed, from | ||||||
4 | practicing a licensed
activity. Upon filing a verified
petition | ||||||
5 | in court, the court, if satisfied by affidavit, or otherwise, | ||||||
6 | that the
person is or has been practicing in violation of this | ||||||
7 | Act, may enter a
temporary restraining order or preliminary | ||||||
8 | injunction, without bond, enjoining
the defendant from further | ||||||
9 | unlicensed activity. A copy of the verified
complaint shall be | ||||||
10 | served upon the defendant and the proceedings are to be
| ||||||
11 | conducted as in other civil cases. The court may enter a | ||||||
12 | judgment permanently
enjoining a defendant from further | ||||||
13 | unlicensed activity if it is established
that the defendant has | ||||||
14 | been or is practicing in violation of this Act. In case
of | ||||||
15 | violation of any injunctive order or judgment entered under | ||||||
16 | this Section,
the court may summarily try and punish the | ||||||
17 | offender for contempt of court.
Injunctive proceedings are in | ||||||
18 | addition 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 | ||||||
23 | supervision of a pyrotechnic display or pyrotechnic service in | ||||||
24 | the State, all touring pyrotechnic companies shall associate | ||||||
25 | themselves with a cover licensor in accordance with this |
| |||||||
| |||||||
1 | Section. Such association shall be at the discretion of the | ||||||
2 | cover licensor, and a touring pyrotechnic company shall not | ||||||
3 | setup or discharge a pyrotechnic display or pyrotechnic service | ||||||
4 | in the State without such association. | ||||||
5 | (b) Prior to associating itself with a cover licensor in | ||||||
6 | accordance with this Section, the touring pyrotechnic company | ||||||
7 | shall send the cover licensor the following pre-permitting | ||||||
8 | information 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 |
| |||||||
| |||||||
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 | ||||||
7 | pyrotechnic company's pre-permitting information and agreeing | ||||||
8 | to associate itself with the touring pyrotechnic company, the | ||||||
9 | cover licensor shall be obligated to contact the Office of the | ||||||
10 | State Fire Marshal and any authority having jurisdiction over | ||||||
11 | the venue or location of the State-based pyrotechnic display or | ||||||
12 | pyrotechnic service with the following information a minimum of | ||||||
13 | 15 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; |
| |||||||
| |||||||
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 | ||||||
15 | the State Fire Marshal or the authority having jurisdiction | ||||||
16 | regarding the information submitted by the touring pyrotechnic | ||||||
17 | company shall be directed to, and resolved by, the touring | ||||||
18 | pyrotechnic company prior to the event. | ||||||
19 | (e) The cover licensor representative shall be present | ||||||
20 | during, and shall personally supervise, all phases of the | ||||||
21 | pyrotechnic display or pyrotechnic service subject to the cover | ||||||
22 | license. The cover licensor representative shall personally | ||||||
23 | supervise all touring lead pyrotechnic operators, touring | ||||||
24 | technicians, assistants, and event employees. | ||||||
25 | (f) Representatives of the Office of the State Fire | ||||||
26 | Marshal, the authority having jurisdiction, and the cover |
| |||||||
| |||||||
1 | licensor representative each possess the authority to halt any | ||||||
2 | pyrotechnic display or pyrotechnic service governed by the | ||||||
3 | cover license should questions arise about failures to follow | ||||||
4 | industry standards and safety guidelines, including the most | ||||||
5 | current edition of NFPA 1126, Standard for the Use of | ||||||
6 | Pyrotechnics Before a Proximate Audience, and NFPA 160, | ||||||
7 | Standard for the Use of Flame Effects Before an Audience. | ||||||
8 | Pyrotechnic displays and pyrotechnic services halted due to | ||||||
9 | safety concerns shall resume only with the express written | ||||||
10 | approval of both the cover licensor representative and the | ||||||
11 | authority 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 | ||||||
15 | Act shall be in
writing and signed by the applicant on forms | ||||||
16 | provided by the Office.
| ||||||
17 | (b) After January 1, 2006, all pyrotechnic displays and | ||||||
18 | pyrotechnic services , both indoor and
outdoor, must comply with | ||||||
19 | the requirements set forth in this Act.
| ||||||
20 | (c) After January 1, 2006, no person may engage in | ||||||
21 | pyrotechnic distribution without first applying for and | ||||||
22 | obtaining a license from the Office. Applicants for a license | ||||||
23 | must submit to the Office the following: | ||||||
24 | (1) A current BATFE license for the type of pyrotechnic | ||||||
25 | service or pyrotechnic display service provided. |
| |||||||
| |||||||
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 | ||||||
16 | provide pyrotechnic displays display services or pyrotechnic | ||||||
17 | services as part of any production without either (i) obtaining | ||||||
18 | a production company license from the Office under which all | ||||||
19 | pyrotechnic displays display services and pyrotechnic services | ||||||
20 | are performed by a licensed lead pyrotechnic operator or (ii) | ||||||
21 | hiring a pyrotechnic distributor licensed in accordance with | ||||||
22 | this Act to perform the pyrotechnic displays display services | ||||||
23 | or pyrotechnic services. Applicants for a production company | ||||||
24 | license 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
9 | remove any additional named insured or an additional insured | ||||||
10 | from the policy coverage without notifying the Office in | ||||||
11 | writing at least 15 days before cancellation. | ||||||
12 | (c-5) After January 1, 2006, no individual may act as a | ||||||
13 | lead operator in a
pyrotechnic display without first applying | ||||||
14 | for and obtaining a lead pyrotechnic
operator's
license from | ||||||
15 | the Office. The Office shall establish separate licenses for
| ||||||
16 | lead pyrotechnic
operators for indoor and outdoor pyrotechnic | ||||||
17 | displays. 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 | ||||||
23 | Act if
the person
meets all of the following minimum | ||||||
24 | requirements:
| ||||||
25 | (1) Is at least 21 years of age.
| ||||||
26 | (2) Has not willfully violated any provisions of this |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
9 | operator if the person meets
all of the
following minimum | ||||||
10 | requirements:
| ||||||
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 |
| |||||||
| |||||||
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 | ||||||
15 | completion of
the
requirements imposed under this Act and upon | ||||||
16 | receipt of the requisite
fees, shall
issue the appropriate | ||||||
17 | license showing the name, address, and photograph of
the
| ||||||
18 | licensee and the dates of issuance and expiration. The license | ||||||
19 | shall include the name of the pyrotechnic distributor or | ||||||
20 | production company employing the lead pyrotechnic operator or | ||||||
21 | insuring the lead pyrotechnic operator as an additional named | ||||||
22 | insured on the pyrotechnic distributor's product liability and | ||||||
23 | general liability insurance, as required under paragraphs (2) | ||||||
24 | and (3) of subsection (c) of Section 35, or insuring the lead | ||||||
25 | pyrotechnic operator as an additional named insured on the |
| |||||||
| |||||||
1 | production company's general liability insurance, as required | ||||||
2 | under paragraph (1) of subsection (c-3) of Section 35 . A lead | ||||||
3 | pyrotechnic operator is required to have a separate license for | ||||||
4 | each pyrotechnic distributor or production company who employs | ||||||
5 | the lead pyrotechnic operator or insures the lead pyrotechnic | ||||||
6 | operator as an additional named insured on the pyrotechnic | ||||||
7 | distributor's product liability and general liability | ||||||
8 | insurance, as required under paragraphs (2) and (3) of | ||||||
9 | subsection (c) of Section 35, or insures the lead pyrotechnic | ||||||
10 | operator as an additional named insured on the production | ||||||
11 | company's general liability insurance, as required under | ||||||
12 | paragraph (1) of subsection (c-3) of Section 35 .
| ||||||
13 | (b) Each licensee may apply for renewal of his or her | ||||||
14 | license upon
payment of the applicable
fees. The expiration | ||||||
15 | date and renewal period for each
license
issued under this Act | ||||||
16 | shall be set by rule. Failure to renew within 60 days of
the | ||||||
17 | expiration date
results in lapse of the license. A lapsed | ||||||
18 | license may not be reinstated until a
written
application is | ||||||
19 | filed, the renewal fee is paid, and the reinstatement fee
| ||||||
20 | established by the
Office is paid. Renewal and reinstatement | ||||||
21 | fees shall be waived for persons
who did not
renew while on | ||||||
22 | active duty in the military and who file for renewal or
| ||||||
23 | restoration
within one year after discharge from the service. A | ||||||
24 | lapsed license may not
be
reinstated after 5 years have elapsed | ||||||
25 | except upon passing an examination to
determine
fitness to have | ||||||
26 | the license restored and by paying the required fees.
|
| |||||||
| |||||||
1 | (c) All fees paid under this Act are nonrefundable.
| ||||||
2 | (d) A production company licensed under this Act shall pay | ||||||
3 | all applicable licensing fees for each lead pyrotechnic | ||||||
4 | operator it employs or insures as an additional named insured | ||||||
5 | on the production company's general liability insurance, as | ||||||
6 | required 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. | ||||||
10 | No pyrotechnic distributor or production company shall allow | ||||||
11 | any person in the pyrotechnic distributor's or production | ||||||
12 | company's employ to act as a lead pyrotechnic operator until | ||||||
13 | the person has obtained a lead pyrotechnic operator's license | ||||||
14 | from the Office. Nothing in this Section shall prevent an | ||||||
15 | assistant from acting as a lead pyrotechnic operator under the | ||||||
16 | direct supervision of a licensed lead pyrotechnic operator for | ||||||
17 | training 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 | ||||||
21 | the
following
provisions is guilty of a Class A misdemeanor for | ||||||
22 | the first offense and a
corporation
or other entity that | ||||||
23 | violates any of the following provisions provision commits a | ||||||
24 | business
offense
punishable by a fine not to exceed $5,000; a |
| |||||||
| |||||||
1 | second or subsequent offense in
violation of
any Section of | ||||||
2 | this Act, including this Section, is a Class 4 felony if
| ||||||
3 | committed by a
natural person, or a business offense punishable | ||||||
4 | by a fine of up to
$10,000 if
committed by a corporation or | ||||||
5 | other 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 | ||||||
17 | this
Section, the
Office may proceed to obtain a permanent | ||||||
18 | injunction against the person under
Section
10. If any person | ||||||
19 | in making any oath or affidavit required by this Act swears
| ||||||
20 | falsely,
the person is guilty of perjury and upon conviction | ||||||
21 | may 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 | ||||||
25 | shall file an Illinois Display Report, which shall include the |
| |||||||
| |||||||
1 | names and signatures of all lead pyrotechnic operators and | ||||||
2 | assistants participating in the pyrotechnic display or | ||||||
3 | pyrotechnic service and the name, department, and signature of | ||||||
4 | the fire protection jurisdiction, with the Office within 30 | ||||||
5 | days following any pyrotechnic display or pyrotechnic service. | ||||||
6 | The fire protection jurisdiction shall sign the Ilinois Display | ||||||
7 | Report 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 | ||||||
10 | Sections 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 | ||||||
13 | words shall have the following meanings: | ||||||
14 | "1.3G fireworks" means those fireworks used for | ||||||
15 | professional outdoor displays and classified as fireworks | ||||||
16 | UN0333, UN0334, or UN0335 by the United States Department of | ||||||
17 | Transportation under 49 C.F.R. 172.101. | ||||||
18 | "Consumer distributor" means any person who distributes, | ||||||
19 | offers for sale, sells, or exchanges for consideration consumer | ||||||
20 | fireworks in Illinois to another distributor or directly to any | ||||||
21 | retailer or person for resale. | ||||||
22 | "Consumer fireworks" means those fireworks that must | ||||||
23 | comply with the construction, chemical composition, and | ||||||
24 | labeling regulations of the U.S. Consumer Products Safety |
| |||||||
| |||||||
1 | Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | ||||||
2 | classified as fireworks UN0336 or UN0337 by the United States | ||||||
3 | Department of Transportation under 49 C.F.R. 172.101. | ||||||
4 | "Consumer fireworks"
shall not include snake or glow worm | ||||||
5 | pellets; smoke devices; trick noisemakers
known as "party | ||||||
6 | poppers", "booby traps", "snappers", "trick matches", | ||||||
7 | "cigarette
loads", and "auto burglar alarms"; sparklers; toy | ||||||
8 | pistols, toy
canes, toy guns, or other devices in
which paper | ||||||
9 | or plastic caps containing twenty-five hundredths grains or
| ||||||
10 | less of explosive compound are used, provided they are so | ||||||
11 | constructed that
the hand cannot come in contact with the cap | ||||||
12 | when in place for the
explosion; and toy pistol paper or | ||||||
13 | plastic caps that contain less than
twenty hundredths grains of | ||||||
14 | explosive mixture; the sale and use of which
shall be permitted | ||||||
15 | at all times. | ||||||
16 | "Consumer fireworks display" or "consumer display" means | ||||||
17 | the detonation, ignition, or deflagration of consumer | ||||||
18 | fireworks to produce a visual or audible effect. | ||||||
19 | "Consumer operator" means an adult individual who is | ||||||
20 | responsible for the safety, setup, and discharge of the | ||||||
21 | consumer fireworks display and who has completed the training | ||||||
22 | required in Section 2.2 of this Act. | ||||||
23 | "Consumer retailer" means any person who offers for sale, | ||||||
24 | sells, or exchanges for consideration consumer fireworks in | ||||||
25 | Illinois directly to any person with a consumer display permit. | ||||||
26 | "Display fireworks" means 1.3G or special effects |
| |||||||
| |||||||
1 | fireworks or as further defined in the Pyrotechnic Distributor | ||||||
2 | and Operator Licensing Act. | ||||||
3 | "Flame effect" means the detonation, ignition, or | ||||||
4 | deflagration of flammable gases, liquids, or special materials | ||||||
5 | to produce a thermal, physical, visual, or audible effect | ||||||
6 | before the public, invitees, or licensees, regardless of | ||||||
7 | whether admission is charged, in accordance with National Fire | ||||||
8 | Protection Association 160 guidelines, and as may be further | ||||||
9 | defined in the Pyrotechnic Distributor and Operator Licensing | ||||||
10 | Act. | ||||||
11 | "Lead pyrotechnic operator" means an individual who is | ||||||
12 | responsible for the safety, setup, and discharge of the | ||||||
13 | pyrotechnic display or pyrotechnic service and who is licensed | ||||||
14 | pursuant to the Pyrotechnic Distributor and Operator Licensing | ||||||
15 | Act. | ||||||
16 | "Person" means an individual, firm, corporation, | ||||||
17 | association, partnership, company, consortium, joint venture, | ||||||
18 | commercial entity, state, municipality, or political | ||||||
19 | subdivision of a state or any agency, department, or | ||||||
20 | instrumentality of the United States and any officer, agent, or | ||||||
21 | employee of these entities.
| ||||||
22 | "Production company" means any person in the film, digital | ||||||
23 | and video media, television, commercial, music, or and | ||||||
24 | theatrical stage industry who provides pyrotechnic services or | ||||||
25 | pyrotechnic display services as part of a film, digital and | ||||||
26 | video media, television, commercial, music, or theatrical |
| |||||||
| |||||||
1 | production in the State of Illinois and is licensed by the | ||||||
2 | Office pursuant to the Pyrotechnic Distributor and Operator | ||||||
3 | Licensing Act. | ||||||
4 | "Pyrotechnic display" means the detonation, ignition, or | ||||||
5 | deflagration of display fireworks or flame effects to produce | ||||||
6 | visual or audible effects of a exhibitional nature before the | ||||||
7 | public, invitees, or licensees, regardless of whether | ||||||
8 | admission is charged, and as may be further defined in the | ||||||
9 | Pyrotechnic Distributor and Operator Licensing Act. | ||||||
10 | "Pyrotechnic distributor" means any person who distributes | ||||||
11 | display fireworks for sale in the State of Illinois or provides | ||||||
12 | them as part of a pyrotechnic display service in the State of | ||||||
13 | Illinois or provides only pyrotechnic services and is licensed | ||||||
14 | by the Office pursuant to the Pyrotechnic Distributor and | ||||||
15 | Operator Licensing Act. | ||||||
16 | "Pyrotechnic service" means the detonation, ignition or | ||||||
17 | deflagration of display fireworks, special effects or flame | ||||||
18 | effects to produce a visual or audible effect. | ||||||
19 | "Special effects fireworks" means pyrotechnic devices used | ||||||
20 | for special effects by professionals in the performing arts in | ||||||
21 | conjunction with theatrical, musical, or other productions
| ||||||
22 | that are similar to consumer fireworks in chemical compositions
| ||||||
23 | and construction, but are not intended for consumer use and are
| ||||||
24 | not labeled as such or identified as "intended for indoor use".
| ||||||
25 | "Special effects fireworks" are classified as fireworks UN0431
| ||||||
26 | or UN0432 by the United States Department of Transportation
|
| |||||||
| |||||||
1 | under 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. | ||||||
5 | Each pyrotechnic display or pyrotechnic service shall be
| ||||||
6 | conducted by a licensed lead pyrotechnic operator employed by a | ||||||
7 | licensed pyrotechnic distributor or a licensed production | ||||||
8 | company , or insured as an additional named insured on the | ||||||
9 | pyrotechnic distributor's product liability and general | ||||||
10 | liability insurance, as required under paragraphs 2 and 3 of | ||||||
11 | subsection (c) of Section 35 of the Pyrotechnic Distribution | ||||||
12 | and Operating Licensing Act, or insured as an additional named | ||||||
13 | insured on the production company's general liability | ||||||
14 | insurance, as required under paragraph (1) of subsection (c-3) | ||||||
15 | of Section 35 of the Pyrotechnic Distribution and Operating | ||||||
16 | Licensing Act . Applications for a pyrotechnic display permit | ||||||
17 | shall be made in writing at
least 15 days in advance of the | ||||||
18 | date of the pyrotechnic display or pyrotechnic service, unless | ||||||
19 | agreed to otherwise by the local jurisdiction issuing the | ||||||
20 | permit and the fire chief of the jurisdiction in which the | ||||||
21 | display or pyrotechnic service will occur. After a permit has | ||||||
22 | been granted,
sales, possession, use, and distribution of | ||||||
23 | display fireworks for the display
or pyrotechnic service shall | ||||||
24 | be lawful for that purpose only. No permit granted hereunder | ||||||
25 | shall
be transferable. |
| |||||||
| |||||||
1 | Pyrotechnic display permits may be granted hereunder to any | ||||||
2 | adult individual applying therefor. No permit shall be required | ||||||
3 | under
the provisions of this Act for supervised public displays | ||||||
4 | by State or
County fair associations. | ||||||
5 | The applicant seeking the pyrotechnic display permit must | ||||||
6 | provide 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 | ||||||
9 | department providing fire protection coverage to the area of | ||||||
10 | display or pyrotechnic service, or his or her designee, has | ||||||
11 | inspected the site and determined that the display or | ||||||
12 | pyrotechnic service can be performed in full compliance with | ||||||
13 | the rules adopted by the State Fire Marshal and that the | ||||||
14 | display or pyrotechnic service shall not be hazardous to | ||||||
15 | property or endanger any person or persons.
Nothing in this | ||||||
16 | Section shall prohibit the issuer of a permit from
adopting | ||||||
17 | more stringent rules. | ||||||
18 | All indoor pyrotechnic displays and pyrotechnic services | ||||||
19 | shall be conducted in buildings protected by
automatic | ||||||
20 | sprinkler systems and meeting the requirements of rules adopted | ||||||
21 | by the State Fire Marshal pursuant to this Act. At the time an | ||||||
22 | individual applies for an indoor pyrotechnic display permit | ||||||
23 | from the local jurisdiction, written notice of the permit | ||||||
24 | application and the indoor display or pyrotechnic service | ||||||
25 | information shall be made in writing at least 15 days in | ||||||
26 | advance of the date of the pyrotechnic display or pyrotechnic |
| |||||||
| |||||||
1 | service to the Office, unless agreed to otherwise by the | ||||||
2 | Office. | ||||||
3 | Permits shall be signed by the chief of the fire department | ||||||
4 | providing fire protection to the area of display or pyrotechnic | ||||||
5 | service, or his or her designee, and must identify the licensed | ||||||
6 | pyrotechnic distributor or licensed production company and the | ||||||
7 | lead pyrotechnic operator.
| ||||||
8 | (Source: P.A. 96-708, eff. 8-25-09.)
| ||||||
9 | Section 99. Effective date. This Act takes effect January | ||||||
10 | 1, 2012.
|