97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2702

 

Introduced 1/18/2012, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
425 ILCS 35/1  from Ch. 127 1/2, par. 127

    Amends the Pyrotechnic Use Act. Makes a technical change in a Section concerning definitions.


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A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Pyrotechnic Use Act is amended by changing
5Section 1 as follows:
 
6    (425 ILCS 35/1)  (from Ch. 127 1/2, par. 127)
7    Sec. 1. Definitions. As used in this Act, the the following
8words shall have the following meanings:
9    "1.3G fireworks" means those fireworks 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    "Consumer distributor" means any person who distributes,
14offers for sale, sells, or exchanges for consideration consumer
15fireworks in Illinois to another distributor or directly to any
16retailer or person for resale.
17    "Consumer fireworks" means those fireworks that must
18comply with the construction, chemical composition, and
19labeling regulations of the U.S. Consumer Products Safety
20Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
21classified as fireworks UN0336 or UN0337 by the United States
22Department of Transportation under 49 C.F.R. 172.101.
23"Consumer fireworks" shall not include snake or glow worm

 

 

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

 

 

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

 

 

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1deflagration of display fireworks or flame effects to produce
2visual or audible effects of a exhibitional nature before the
3public, invitees, or licensees, regardless of whether
4admission is charged, and as may be further defined in the
5Pyrotechnic Distributor and Operator Licensing Act.
6    "Pyrotechnic distributor" means any person who distributes
7display fireworks for sale in the State of Illinois or provides
8them as part of a pyrotechnic display service in the State of
9Illinois or provides only pyrotechnic services and is licensed
10by the Office pursuant to the Pyrotechnic Distributor and
11Operator Licensing Act.
12    "Pyrotechnic service" means the detonation, ignition or
13deflagration of display fireworks, special effects or flame
14effects to produce a visual or audible effect.
15    "Special effects fireworks" means pyrotechnic devices used
16for special effects by professionals in the performing arts in
17conjunction with theatrical, musical, or other productions
18that are similar to consumer fireworks in chemical compositions
19and construction, but are not intended for consumer use and are
20not labeled as such or identified as "intended for indoor use".
21"Special effects fireworks" are classified as fireworks UN0431
22or UN0432 by the United States Department of Transportation
23under 49 C.F.R. 172.101.
24(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)