Illinois General Assembly - Full Text of SB1821
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Full Text of SB1821  94th General Assembly

SB1821eng 94TH GENERAL ASSEMBLY



 


 
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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 Operator Licensing Act is
5 amended by changing Section 5 as follows:
 
6     (225 ILCS 227/5)
7     Sec. 5. Definitions. In this Act:
8     "Display fireworks" means any substance or article defined
9 as a Division 1.3G explosive or special effects fireworks 1.4
10 explosive by the United States Department of Transportation
11 under 49 CFR 173.50, except a substance or article exempted
12 under the Fireworks Use Act.
13     "Fireworks" has the meaning given to that term in the
14 Fireworks Use Act.
15     "Lead pyrotechnic operator" means the individual with
16 overall responsibility for the safety, setup, discharge, and
17 supervision of a pyrotechnic display.
18     "Office" means Office of the State Fire Marshal.
19     "Person" means an individual, firm, corporation,
20 association, partnership, company, consortium, joint venture,
21 commercial entity, state, municipality, or political
22 subdivision of a state or any agency, department, or
23 instrumentality of the United States and any officer, agent, or
24 employee of these entities.
25     "Pyrotechnic display" or "display" means the detonation,
26 ignition, or deflagration of display fireworks or flame effects
27 to produce a visual or audible effect of an exhibitional nature
28 before the public, invitees, or licensees, regardless of
29 whether admission is charged.
30 (Source: P.A. 93-263, eff. 7-22-03.)
 
31     Section 10. The Fireworks Use Act is amended by changing

 

 

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1 Sections 1, 2, 4.1, and 5 and by adding Sections 2.1, 2.2, and
2 2.3 as follows:
 
3     (425 ILCS 35/1)  (from Ch. 127 1/2, par. 127)
4     Sec. 1. Definitions. As used in this Act, the following
5 words shall have the following meanings:
6     "Consumer distributor" means any person who distributes,
7 offers for sale, sells, or exchanges for consideration consumer
8 fireworks in Illinois to a reseller or directly to any retailer
9 or person for resale.
10     "Consumer fireworks" means those small fireworks that must
11 comply with the construction, chemical composition, and
12 labeling regulations of the U.S. Consumer Products Safety
13 Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
14 classified as fireworks UN0336 or UN0337 by the United States
15 Department of Transportation under 49 C.F.R. 172.101.
16 "Consumer fireworks" shall not include snake or glow worm
17 pellets; smoke devices; trick noisemakers known as "party
18 poppers", "booby traps", "snappers", "trick matches",
19 "cigarette loads", and "auto burglar alarms"; sparklers; toy
20 pistols, toy canes, toy guns, or other devices in which paper
21 or plastic caps containing twenty-five hundredths grains or
22 less of explosive compound are used, provided they are so
23 constructed that the hand cannot come in contact with the cap
24 when in place for the explosion; and toy pistol paper or
25 plastic caps that contain less than twenty hundredths grains of
26 explosive mixture; the sale and use of which shall be permitted
27 at all times.
28     "Consumer fireworks display" or "consumer display" means
29 the detonation, ignition, or deflagration of consumer
30 fireworks to produce a visual or audible effect.
31     "Consumer operator" means an adult individual who is
32 responsible for the safety, setup, and discharge of the
33 consumer fireworks display and who has completed the training
34 required in Section 2.2 of this Act.
35     "Consumer retailer" means any person who offers for sale,

 

 

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1 sells, or exchanges for consideration consumer fireworks in
2 Illinois to a reseller or directly to any person with a
3 consumer display permit.
4     "Display fireworks" means 1.3G or special effects
5 fireworks or as further defined in the Pyrotechnic Operator
6 Licensing Act.
7     "1.3G fireworks" means those large fireworks used for
8 professional outdoor displays and classified as fireworks
9 UN0333, UN0334, or UN0335 by the United States Department of
10 Transportation under 49 C.F.R. 172.101.
11     "Flame effect" means the detonation, ignition, or
12 deflagration of flammable gases, liquids, or special materials
13 to produce a thermal, physical, visual, or audible effect
14 before the public, invitees, or licensees, regardless of
15 whether admission is charged, in accordance with National Fire
16 Protection Association 160 guidelines, and as may be further
17 defined in the Pyrotechnic Operator Licensing Act.
18     "Lead pyrotechnic operator" means an individual who is
19 responsible for the safety, setup, and discharge of the
20 pyrotechnic display and who is licensed pursuant to the
21 Pyrotechnic Operator Licensing Act.
22     "Person" means an individual, firm, corporation,
23 association, partnership, company, consortium, joint venture,
24 or commercial entity.
25     "Pyrotechnic display" means the detonation, ignition, or
26 deflagration of display fireworks or flame effects to produce
27 visual or audible effects of a exhibitional nature before the
28 public, invitees, or licensees, regardless of whether
29 admission is charged, and as may be further defined in the
30 Pyrotechnic Operator Licensing Act.
31     "Special effects fireworks" means those pyrotechnic
32 devices used for special effects by professionals in the
33 performing arts in conjunction with theatrical, musical, or
34 other productions that are similar to consumer fireworks in
35 chemical composition and construction but are identified as
36 intended for indoor use or not intended or labeled for consumer

 

 

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1 use, and classified as fireworks UN0431 or UN0432 by the United
2 States Department of Transportation under 49 C.F.R. 172.101.
3 The term fireworks shall mean and include any explosive
4 composition, or any substance or combination of substances, or
5 article prepared for the purpose of producing a visible or
6 audible effect of a temporary exhibitional nature by explosion,
7 combustion, deflagration or detonation, and shall include
8 blank cartridges, toy cannons, in which explosives are used,
9 the type of balloons which require fire underneath to propel
10 the same, firecrackers, torpedoes, skyrockets, Roman candles,
11 bombs, or other fireworks of like construction and any
12 fireworks containing any explosive compound, or any tablets or
13 other device containing any explosive substance, or containing
14 combustible substances producing visual effects: provided,
15 however, that the term "fireworks" shall not include snake or
16 glow worm pellets; smoke devices; trick noisemakers known as
17 "party poppers", "booby traps", "snappers", "trick matches",
18 "cigarette loads" and "auto burglar alarms"; sparklers; toy
19 pistols, toy canes, toy guns, or other devices in which paper
20 or plastic caps containing twenty-five hundredths grains or
21 less of explosive compound are used, providing they are so
22 constructed that the hand cannot come in contact with the cap
23 when in place for the explosion; and toy pistol paper or
24 plastic caps which contain less than twenty hundredths grains
25 of explosive mixture; the sale and use of which shall be
26 permitted at all times.
27 (Source: P.A. 83-474.)
 
28     (425 ILCS 35/2)  (from Ch. 127 1/2, par. 128)
29     Sec. 2. Possession, sale, and use of fireworks. Except as
30 hereinafter provided it shall be unlawful for any person, firm,
31 co-partnership, or corporation to knowingly possess, offer for
32 sale, expose for sale, sell at retail, or use or explode any
33 display fireworks, flame effects, or consumer fireworks;
34 provided that city councils in cities, the president and board
35 of trustees in villages and incorporated towns, and outside the

 

 

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1 corporate limits of cities, villages and incorporated towns,
2 the county board, shall have power to adopt reasonable rules
3 and regulations for the granting of permits for pyrotechnic and
4 consumer displays and the sale of consumer fireworks to
5 individuals with permits granted pursuant to this Act
6 supervised public displays of fireworks. Every such display
7 shall be handled by a competent individual who is licensed as a
8 lead pyrotechnic operator. Application for permits shall be
9 made in writing at least 15 days in advance of the date of the
10 display and action shall be taken on such application within 48
11 hours after such application is made. After such privilege
12 shall have been granted, sales, possession, use and
13 distribution of fireworks for such display shall be lawful for
14 that purpose only. No permit granted hereunder shall be
15 transferable.
16     Permits may be granted hereunder to any groups of 3 or more
17 adult individuals applying therefor. No permit shall be
18 required, under the provisions of this Act, for supervised
19 public displays by State or County fair associations.
20     The governing body shall require proof of insurance from
21 the permit applicant in a sum not less than $1,000,000
22 conditioned on compliance with the provisions of this law and
23 the regulations of the State Fire Marshal adopted hereunder,
24 except that no municipality shall be required to provide
25 evidence of insurance.
26     Such permit shall be issued only after inspection of the
27 display site by the issuing officer, to determine that such
28 display shall be in full compliance with the rules of the State
29 Fire Marshal, which shall be based upon nationally recognized
30 standards such as those of the National Fire Protection
31 Association (NFPA) 1123 guidelines for outdoor displays and
32 NFPA 1126 guidelines for indoor displays and shall not be
33 hazardous to property or endanger any person or persons.
34 Nothing in this Section shall prohibit the issuer of the permit
35 from adopting more stringent rules.
36     All indoor pyrotechnic displays shall be conducted in

 

 

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1 buildings protected by automatic sprinkler systems.
2     The chief of the fire department providing fire protection
3 coverage to the area of display, or his or her designee, shall
4 sign the permit.
5     Possession by any party holding a certificate of
6 registration under "The Fireworks Regulation Act of Illinois",
7 filed July 20, 1935, or by any employee or agent of such party
8 or by any person transporting fireworks for such party, shall
9 not be a violation, provided such possession is within the
10 scope of business of the fireworks plant registered under that
11 Act.
12 (Source: P.A. 93-263, eff. 7-22-03.)
 
13     (425 ILCS 35/2.1 new)
14     Sec. 2.1. Pyrotechnic displays. Each pyrotechnic display
15 shall be conducted by a licensed lead pyrotechnic operator.
16 Applications for a pyrotechnic display permit shall be made in
17 writing at least 15 days in advance of the date of the
18 pyrotechnic display, unless agreed to otherwise by the local
19 jurisdiction issuing the permit and the fire chief of the
20 jurisdiction in which the display will occur. After a permit
21 has been granted, sales, possession, use, and distribution of
22 display fireworks for the display shall be lawful for that
23 purpose only. No permit granted hereunder shall be
24 transferable.
25     Pyrotechnic display permits may be granted hereunder to any
26 adult individual applying therefor. No permit shall be required
27 under the provisions of this Act for supervised public displays
28 by a county or a municipality within its corporate limits or by
29 State or County fair associations.
30     The applicant seeking the pyrotechnic display permit must
31 provide proof of liability insurance in a sum not less than
32 $1,000,000 to the local governmental entity issuing the permit.
33     A permit shall be issued only after the chief of the fire
34 department providing fire protection coverage to the area of
35 display, or his or her designee, has inspected the site and

 

 

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1 determined that the display can be performed in full compliance
2 with the rules adopted by the State Fire Marshal and that the
3 display shall not be hazardous to property or endanger any
4 person or persons. Nothing in this Section shall prohibit the
5 issuer of a permit from adopting more stringent rules.
6     All indoor pyrotechnic displays shall be conducted in
7 buildings protected by automatic sprinkler systems and meeting
8 the requirements of rules adopted by the State Fire Marshal
9 pursuant to this Act.
10     Permits shall be signed by the chief of the fire department
11 providing fire protection to the area of display, or his or her
12 designee, and must identify the lead pyrotechnic operator.
 
13     (425 ILCS 35/2.2 new)
14     Sec. 2.2. Consumer displays. Each consumer display shall be
15 handled by a competent individual who has received training
16 from a consumer fireworks training class approved by the Office
17 of the State Fire Marshal. Applications for consumer display
18 permits shall be made in writing at least 15 days in advance of
19 the date of the display, unless agreed to otherwise by the
20 local jurisdiction issuing the permit and the fire chief of the
21 jurisdiction in which the display will occur. After a permit
22 has been granted, sales, possession, use, and distribution of
23 consumer fireworks for display shall be lawful for that purpose
24 only. No permit granted hereunder shall be transferable.
25     Permits may be granted hereunder to any adult individual
26 applying for a permit who provides proof that he or she has
27 received the requisite training.
28     A permit shall be issued only after inspection of the
29 display site by the fire chief providing fire protection
30 coverage to the area of display, or his or her designee, to
31 determine that the display is in full compliance with the rules
32 adopted by the State Fire Marshal. Nothing in this Section
33 shall prohibit the issuer of a permit from adopting more
34 stringent rules.
 

 

 

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1     (425 ILCS 35/2.3 new)
2     Sec. 2.3. Consumer distributors and retailers. No person
3 may act as a consumer distributor or retailer or advertise or
4 use any title implying that the person is a consumer
5 distributor or retailer unless registered with the Office of
6 the State Fire Marshal. No consumer fireworks may be
7 distributed, sold, transferred, or provided free of charge to
8 an individual who has not been issued a permit in accordance
9 with Section 2.2 of this Act or has not registered with the
10 Office of the State Fire Marshal in accordance with this
11 Section. The State Fire Marshal, in the name of the People,
12 through the Attorney General, the State's Attorney of any
13 county, any resident of the State, or any legal entity within
14 the State may apply for injunctive relief in any court to
15 enjoin any person who has not registered from distributing or
16 selling consumer fireworks. Upon filing a verified petition in
17 court, the court, if satisfied by affidavit, or otherwise, that
18 the person is or has been distributing in violation of this
19 Act, may enter a temporary restraining order or preliminary
20 injunction, without bond, enjoining the defendant from further
21 activity. A copy of the verified complaint shall be served upon
22 the defendant and the proceedings are to be conducted as in
23 other civil cases. The court may enter a judgment permanently
24 enjoining a defendant from further unregistered activity if it
25 is established that the defendant has been or is distributing
26 in violation of this Act. In case of violation of any
27 injunctive order or judgment entered under this Section, the
28 court may summarily try and punish the offender for contempt of
29 court. Injunctive proceedings are in addition to all penalties
30 and other remedies in this Act.
 
31     (425 ILCS 35/4.1)  (from Ch. 127 1/2, par. 130.1)
32     Sec. 4.1. The State Fire Marshal may adopt necessary rules
33 and regulations for the administration of this Act which shall
34 be based upon nationally recognized standards such as those of
35 the National Fire Protection Association (NFPA) 1123

 

 

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1 guidelines for outdoor displays, NFPA 1126 guidelines for
2 proximate audience displays, and NFPA 160 guidelines for flame
3 effects.
4 (Source: P.A. 81-623.)
 
5     (425 ILCS 35/5)  (from Ch. 127 1/2, par. 131)
6     Sec. 5. (a) Any person, firm, co-partnership, or
7 corporation violating the provisions of this Act, except as
8 provided in subsection b, shall be guilty of a Class A B
9 misdemeanor.
10     (b) The possession, offering for sale, exposing for sale,
11 or selling at retail of fireworks in violation of this Act is:
12         (1) a petty offense if involving up to 1 pound of
13 fireworks, exclusive of external packaging; or
14         (2) a Class B misdemeanor if involving an amount
15 greater than 1 pound but up to 3 pounds of fireworks, exclusive
16 of external packaging; or
17         (3) a Class A misdemeanor if involving an amount
18 greater than 3 pounds of fireworks, exclusive of external
19 packaging.
20     "External packaging", for purposes of this subsection,
21 shall mean any materials which are not an integral part of the
22 operative unit of fireworks.
23 (Source: P.A. 82-620.)