SB2298 93RD GENERAL ASSEMBLY

LRB093 19656 AMC 45397 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2298

Introduced 1/28/2004, by Denny Jacobs

SYNOPSIS AS INTRODUCED:

New Act
225 ILCS 227/30
425 ILCS 35/Act rep.

Creates the Fireworks Sales Act. Sets forth the requirements and procedures for the licensing of fireworks sellers. Sets forth the type of fireworks that are permitted in the State. Sets forth procedures for the storage, display, and sale of fireworks. Provides penalties for violations of the Act. Contains other provisions. Amends the Pyrotechnic Operator Licensing Act. Deletes the provision that the State Fire Marshal must adopt rules concerning the handling and use of Division 1.4 (Class C) explosives. Repeals the Fireworks Use Act. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning fireworks regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE 1. GENERAL PROVISIONS

Section 1-1. Short title. This Act may be cited as the Fireworks Sales Act.

Section 1-5. Definitions. As used in this Act:

"Consumer Fireworks" means all fireworks classified as Consumer Fireworks or as 1.4G fireworks in the regulations of the U.S. Department of Transportation, excluding wire sparklers.

"Display Fireworks" means all fireworks classified as Display Fireworks or as 1.3G fireworks in the regulations of the U.S. Department of Transportation.

"Fireworks" has the same definition as set forth in Section 2 of the Fireworks Regulation Act of Illinois.

"Importer" means any person engaged in the business of making sales of fireworks to a wholesaler.

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

"Person" means any individual, partnership, limited liability company, limited liability partnership, corporation, or other legal entity.

"Retailer" means any person who sells or offers fireworks for sale for use or consumption and not for resale in any form.

"Sale" means any transfer, exchange, or barter of fireworks for money and each transaction made by any person or his or her agent or employee.

"Wholesaler" means any person engaged in the business of selling fireworks to a retailer.

Section 1-10. Applicability.

(a) The term "fireworks" does not include toy paper pistol caps that contain less than 25/100 grains of explosive compounds, model rockets, emergency signal flares, and matches, the sale and use of which shall be permitted at all times without a special fireworks license. Party stores are also exempt from the fireworks license requirement when selling party poppers and morning glory sparklers.

(b) Nothing in this Act shall be construed as applying to: (i) the manufacture, storage, sale, or use of signals necessary for the operation of railroads or other classes of public or private transportation; (ii) the military or naval forces of the United States or of this State or to peace officers; or (iii) the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.

(c) This Act does not affect the validity of any local law further prohibiting or restricting the sale or use of fireworks.

Section 1-15. Enforcement. The State Fire Marshal may designate a deputy fire marshal as the "Fireworks Enforcement Officer", who shall have the responsibility of directing enforcement of the State fireworks laws. The Office is charged with the enforcement of this Act and may call upon any State, county, or municipal peace officer for assistance in the enforcement of this Act.

ARTICLE 2. LICENSES

Section 2-5. License required. It is unlawful for any person or his or her agent or employee to act as an importer, wholesaler, or retailer of fireworks in this State without having first secured a license from the Office in accordance with this Act.

It is unlawful for any person to engage in the shipment of fireworks into the State without having first secured a license from the Office in accordance with this Act.

No person may deliver, sell, or ship fireworks into or within the State of Illinois unless the receiver produces the required license or evidence that the consignee holds the license.

Section 2-10. Licenses and fees.

(a) Licenses issued by the Office shall be of the following classes:

(1) importer;

(2) wholesaler; and

(3) retailer.

If a person acts in more than one capacity as an importer, wholesaler or retailer, then that person must have the appropriate license for each capacity in which he or she acts. A person must have a separate license for each location where he or she conducts business as an importer, wholesaler, or retailer.

(b) All licenses shall be for the calendar year or any fraction thereof and shall expire on December 31 of each year.

(c) The State Fire Marshal is authorized and directed to charge for licenses issued as follows:

(1) importer, $3,500;

(2) wholesaler, $1,000; and

(3) retailer, $25.

(d) The State Fire Marshal shall deposit $200,000 of the amount received each fiscal year as license fees under this Act into the Fire Prevention Fund to be used (i) for fire prevention programs and (ii) for the costs of enforcing this Act. The State Fire Marshal shall deposit the remainder of the amount received as license fees under this Act into the General Revenue Fund.

Section 2-15. Application procedures. Applications for a license under this Act must be made to the Office on forms prescribed by the Office and shall be accompanied by the appropriate documentation and the required fee, which shall not be refundable. Every application must require the information that, in the judgment of the Office, will enable the Office to pass on the qualifications of the applicant for a license.

Section 2-20. Qualifications.

(a) To be eligible to receive and hold a license, the applicant must be located in permanent structure and be open for business 12 months each year. Fireworks stands operated by handicapped or retired persons that generate less than $15,000 gross sales annually and not-for-profit organization retailers are not required to be open 12 months of the year.

(b) No license may be issued to an individual under the age of 21 years.

Section 2-25. License transfers. No license under this Act may be transferred nor may a person operate under a license issued to any other person or under a license issued for another location, unless the Office has approved that transfer.

Section 2-30. License display and numbers.

(a) A license issued to a retailer must be displayed in the retailer's place of business. No person may purchase fireworks from an importer or wholesaler without first requiring proof that the seller has obtained the proper license and that it is current and valid.

(b) The Office shall assign a number to each license issued, and each licensee must include that number on all purchase orders, delivery receipts, and invoices issued or used by each importer or wholesaler.

Section 2-35. License revocation.

(a) The State Fire Marshal may revoke or suspend any license issued under the provisions of this Act upon a finding that the licensee has violated any of the provisions of this Act. Before a license may be revoked or suspended, the Office must provide the licensee with notice stating the grounds for the revocation or suspension and an opportunity for a hearing. The Office must promulgate rules concerning license revocation and suspension procedures.

(b) The State Fire Marshal, in his or her discretion, may refuse to issue, for a period not to exceed one year, another license to the holder of a license that has been cancelled or revoked for the possession or sale of illegal fireworks.

Section 2-40. Construction with State and local laws. The issuance of the license under this Act does not replace or relieve any person from obtaining any other State, county, or municipal privilege licenses as required by law.

Section 2-45. Display fireworks. Nothing in this Act shall be construed as applying to the shipping, sale, possession, and use of Display Fireworks for public displays by holders of a permit for a public display. Application for a State permit for public display must be made in writing to the Office at least 10 days before the display date. The application must show that the proposed display is to be so located and supervised that it will not be hazardous to property and that it will not endanger human lives. If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory official of the fire or police department of the municipality. Permits issued shall be limited to the time specified therein and shall not be transferable.

ARTICLE 3. PERMITTED FIREWORKS

Section 3-5. Permitted fireworks.

(a) Subject to the provisions of this Act, it is lawful for any person to possess, sell, or use within the State of Illinois, or ship into the State of Illinois, any fireworks that are Consumer Fireworks or those items that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission and permitted for use by the general public under their regulations.

Permitted fireworks designed to produce an audible effect are confined to (i) small ground items including firecrackers not over 1 1/2" in length and 1/4" in diameter and containing 50 milligrams or less of explosive composition and (ii) aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect.

(b) Additional permitted fireworks for which a license is required shall include:

(1) Related items not classified by the as Consumer Fireworks, but that are identified under federal regulations as trick noisemakers, toy novelties, toy smoke devices, and sparklers.

(2) Toy snakes, snappers, auto burglar alarms, smoke balls, smoke novelty items, party poppers, trick matches, cigarette loads, and morning glory sparklers containing not over 100 grams of composition per item.

Sparklers containing any chlorate of perchlorate salts may not exceed 5 grams of composition per item. Morning glory sparklers containing any chlorate of perchlorate salts may not exceed 5 grams of composition per item.

Section 3-10. Prohibited fireworks. Except as provided in Section 2-45, all items of Display Fireworks-type ground salutes commonly known as "cherry bombs", various tubular salutes that exceed the limits of permitted Consumer Fireworks as to size or explosive composition that are designed to produce an audible effect referred to in Section 3-10, and wire sparklers are expressly prohibited from shipment into and possession, sale, and use within the State of Illinois for any purpose.

ARTICLE 4. REGULATIONS

Section 4-5. Packing identification. No permissible fireworks defined on Section 3-5 may be sold, offered for sale, possessed within the State, or used within the State, except as provided in Section 2-45, unless it is identified on the shipping cases and by imprinting on the article or retail sales container or unit as "D.O.T. Consumer Fireworks" or other appropriate classification or identification as may be applicable or required by any federal agency having jurisdiction over fireworks or related items. The imprint must be of sufficient size and be positioned so as to be readily recognized by law enforcement authorities and the general public.

Section 4-10. Storage and display of fireworks.

(a) Placing, storing, locating, or displaying fireworks in any window where the sun may shine through glass onto the fireworks or to permit the presence of lighted cigars, cigarettes, or pipes within 10 feet of where the fireworks are offered for sale is declared unlawful and prohibited. At all places where fireworks are stored or sold, there must be posted signs with the words "Fireworks. No smoking." in letters not less than 4 inches high.

(b) No fireworks may be sold at retail at any location where paints, oils, or varnishes are sold or used unless the fireworks are kept in the original unbroken containers. Fireworks may not be placed, stored, or located within 25 feet of where resin, turpentine, gasoline, or other inflammable substance that may generate inflammable vapors is used, stored, or sold.

(c) Any fireworks device that is readily accessible to handling by consumers or purchasers must have their fuses protected in a manner that protects against accidental ignition by a spark, cigarette ash, or other ignition source.

(d) All retail outlets selling permissible fireworks must have at least one fire extinguisher or several pails of water readily available. No retail license may be issued for the sale of fireworks at retail from tents or from or in a motor vehicle or from a trailer towed by a motor vehicle.

Section 4-15. Prohibited sales.

(a) It is unlawful to offer for retail sale or to sell any fireworks including wire sparklers to persons under the age of 21 years or to any intoxicated person.

(b) Any person purchasing fireworks must show a valid driver's license or State-approved identification card.

(c) Permitted nonfireworks items identified as snappers, trick noisemakers, toy novelties, toy smoke devices, toy snakes, snappers, auto burglar alarms, smoke balls, smoke novelty items, party poppers, witches whistle, serpent chargers, or trick matches may be sold to persons 8 years old or older.

Section 4-20. Prohibited acts.

(a) It is unlawful to explode or ignite fireworks within 600 feet of any church, hospital, asylum, public school, or enclosed building or within 200 feet of where fireworks are stored, sold, or offered for sale.

(b) No person may ignite or discharge any permissible articles or fireworks within or throw them from a motor vehicle while within nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people.

Section 4-25. Penalties. Any person that violates any provision of this Act is guilty of a Class B misdemeanor. Any person convicted of manufacturing, shipping, possessing, or selling any illegal fireworks described in Section 3-10 of this Act shall, on subsequent violations, be guilty of a Class 4 felony.

Section 4-30. Seizure of prohibited fireworks. The State Fire Marshal shall seize as contraband any fireworks other than the fireworks permitted under Section 3-5, or fireworks for public displays as provided in Section 2-45, that are sold, displayed, used, or possessed in violation of this Act. The State Fire Marshal is authorized to destroy any illegal fireworks seized.

ARTICLE 90. AMENDATORY PROVISIONS

Section 90-5. The Pyrotechnic Operator Licensing Act is amended by changing Section 30 as follows:

(225 ILCS 227/30)

Sec. 30. Rules. The State Fire Marshal shall adopt all rules necessary to carry out its responsibilities under this Act including rules requiring the training, examination, and licensing of lead pyrotechnic operators engaging in or responsible for the handling and use of Division 1.3G (Class B) and 1.4 (Class C) explosives. The test shall incorporate the rules of the State Fire Marshal, which shall be based upon nationally recognized standards such as those of the National Fire Protection Association (NFPA) 1123 guidelines for outdoor displays and NFPA 1126 for indoor displays. The Fire Marshal shall adopt rules as required for the licensing of a lead pyrotechnic operator involved in an outdoor or indoor pyrotechnic display.

(Source: P.A. 93-263, eff. 7-22-03.)

(425 ILCS 35/Act rep.)

Section 90-10. The Fireworks Use Act is repealed.

ARTICLE 99. EFFECTIVE DATE

Section 99-5. Effective date. This Act takes effect upon becoming law.