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

SB1821enr 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     "1.3G fireworks" means those fireworks used for
7 professional outdoor displays and classified as fireworks
8 UN0333, UN0334, or UN0335 by the United States Department of
9 Transportation under 49 C.F.R. 172.101.
10     "Consumer distributor" means any person who distributes,
11 offers for sale, sells, or exchanges for consideration consumer
12 fireworks in Illinois to another distributor or directly to any
13 retailer or person for resale.
14     "Consumer fireworks" means those fireworks that must
15 comply with the construction, chemical composition, and
16 labeling regulations of the U.S. Consumer Products Safety
17 Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
18 classified as fireworks UN0336 or UN0337 by the United States
19 Department of Transportation under 49 C.F.R. 172.101.
20 "Consumer fireworks" shall not include snake or glow worm
21 pellets; smoke devices; trick noisemakers known as "party
22 poppers", "booby traps", "snappers", "trick matches",
23 "cigarette loads", and "auto burglar alarms"; sparklers; toy
24 pistols, toy canes, toy guns, or other devices in which paper
25 or plastic caps containing twenty-five hundredths grains or
26 less of explosive compound are used, provided they are so
27 constructed that the hand cannot come in contact with the cap
28 when in place for the explosion; and toy pistol paper or
29 plastic caps that contain less than twenty hundredths grains of
30 explosive mixture; the sale and use of which shall be permitted
31 at all times.
32     "Consumer fireworks display" or "consumer display" means
33 the detonation, ignition, or deflagration of consumer
34 fireworks to produce a visual or audible effect.
35     "Consumer operator" means an adult individual who is

 

 

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1 responsible for the safety, setup, and discharge of the
2 consumer fireworks display and who has completed the training
3 required in Section 2.2 of this Act.
4     "Consumer retailer" means any person who offers for sale,
5 sells, or exchanges for consideration consumer fireworks in
6 Illinois directly to any person with a consumer display permit.
7     "Display fireworks" means 1.3G or special effects
8 fireworks or as further defined in the Pyrotechnic Operator
9 Licensing Act.
10     "Flame effect" means the detonation, ignition, or
11 deflagration of flammable gases, liquids, or special materials
12 to produce a thermal, physical, visual, or audible effect
13 before the public, invitees, or licensees, regardless of
14 whether admission is charged, in accordance with National Fire
15 Protection Association 160 guidelines, and as may be further
16 defined in the Pyrotechnic Operator Licensing Act.
17     "Lead pyrotechnic operator" means an individual who is
18 responsible for the safety, setup, and discharge of the
19 pyrotechnic display and who is licensed pursuant to the
20 Pyrotechnic Operator Licensing Act.
21     "Person" means an individual, firm, corporation,
22 association, partnership, company, consortium, joint venture,
23 or commercial entity.
24     "Pyrotechnic display" means the detonation, ignition, or
25 deflagration of display fireworks or flame effects to produce
26 visual or audible effects of a exhibitional nature before the
27 public, invitees, or licensees, regardless of whether
28 admission is charged, and as may be further defined in the
29 Pyrotechnic Operator Licensing Act.
30     "Special effects fireworks" means pyrotechnic devices used
31 for special effects by professionals in the performing arts in
32 conjunction with theatrical, musical, or other productions
33 that are similar to consumer fireworks in chemical compositions
34 and construction, but are not intended for consumer use and are
35 not labeled as such or identified as "intended for indoor use".
36 "Special effects fireworks" are classified as fireworks UN0431

 

 

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1 or UN0432 by the United States Department of Transportation
2 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. supervised public displays of fireworks.
5 Every such display shall be handled by a competent individual
6 who is licensed as a lead pyrotechnic operator. Application for
7 permits shall be made in writing at least 15 days in advance of
8 the date of the display and action shall be taken on such
9 application within 48 hours after such application is made.
10 After such privilege shall have been granted, sales,
11 possession, use and distribution of fireworks for such display
12 shall be lawful for that purpose only. No permit granted
13 hereunder shall be transferable.
14     Permits may be granted hereunder to any groups of 3 or more
15 adult individuals applying therefor. No permit shall be
16 required, under the provisions of this Act, for supervised
17 public displays by State or County fair associations.
18     The governing body shall require proof of insurance from
19 the permit applicant in a sum not less than $1,000,000
20 conditioned on compliance with the provisions of this law and
21 the regulations of the State Fire Marshal adopted hereunder,
22 except that no municipality shall be required to provide
23 evidence of insurance.
24     Such permit shall be issued only after inspection of the
25 display site by the issuing officer, to determine that such
26 display shall be in full compliance with the rules of the State
27 Fire Marshal, which shall be based upon nationally recognized
28 standards such as those of the National Fire Protection
29 Association (NFPA) 1123 guidelines for outdoor displays and
30 NFPA 1126 guidelines for indoor displays and shall not be
31 hazardous to property or endanger any person or persons.
32 Nothing in this Section shall prohibit the issuer of the permit
33 from adopting more stringent rules.
34     All indoor pyrotechnic displays shall be conducted in
35 buildings protected by automatic sprinkler systems.
36     The chief of the fire department providing fire protection

 

 

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

 

 

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1 person or persons. Nothing in this Section shall prohibit the
2 issuer of a permit from adopting more stringent rules.
3     All indoor pyrotechnic displays shall be conducted in
4 buildings protected by automatic sprinkler systems and meeting
5 the requirements of rules adopted by the State Fire Marshal
6 pursuant to this Act.
7     Permits shall be signed by the chief of the fire department
8 providing fire protection to the area of display, or his or her
9 designee, and must identify the lead pyrotechnic operator.
 
10     (425 ILCS 35/2.2 new)
11     Sec. 2.2. Consumer displays. Each consumer display shall be
12 handled by a competent individual who has received training
13 from a consumer fireworks training class approved by the Office
14 of the State Fire Marshal. Applications for consumer display
15 permits shall be made in writing at least 15 days in advance of
16 the date of the display, unless agreed to otherwise by the
17 local jurisdiction issuing the permit and the fire chief of the
18 jurisdiction in which the display will occur. After a permit
19 has been granted, sales, possession, use, and distribution of
20 consumer fireworks for display shall be lawful for that purpose
21 only. No permit granted hereunder shall be transferable.
22     Permits may be granted hereunder to any adult individual
23 applying for a permit who provides proof that he or she has
24 received the requisite training. The local jurisdiction
25 issuing the permit is authorized to conduct a criminal
26 background check of the applicant as a condition of issuing a
27 permit.
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. No person may sell to a single individual a quantity
12 of consumer fireworks exceeding 499 pounds without prior
13 approval by the Office of the State Fire Marshal. The State
14 Fire Marshal, in the name of the People, through the Attorney
15 General, the State's Attorney of any county, any resident of
16 the State, or any legal entity within the State may apply for
17 injunctive relief in any court to enjoin any person who has not
18 registered from distributing or selling consumer fireworks.
19 Upon filing a verified petition in court, the court, if
20 satisfied by affidavit, or otherwise, that the person is or has
21 been distributing in violation of this Act, may enter a
22 temporary restraining order or preliminary injunction, without
23 bond, enjoining the defendant from further activity. A copy of
24 the verified complaint shall be served upon the defendant and
25 the proceedings are to be conducted as in other civil cases.
26 The court may enter a judgment permanently enjoining a
27 defendant from further unregistered activity if it is
28 established that the defendant has been or is distributing in
29 violation of this Act. In case of violation of any injunctive
30 order or judgment entered under this Section, the court may
31 summarily try and punish the offender for contempt of court.
32 Injunctive proceedings are in addition to all penalties and
33 other remedies in this Act.
 
34     (425 ILCS 35/4.1)  (from Ch. 127 1/2, par. 130.1)
35     Sec. 4.1. The State Fire Marshal may adopt necessary rules

 

 

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1 and regulations for the administration of this Act which shall
2 be based upon nationally recognized standards such as those of
3 the National Fire Protection Association (NFPA) 1123
4 guidelines for outdoor displays, NFPA 1126 guidelines for
5 proximate audience displays, and NFPA 160 guidelines for flame
6 effects. The State Fire Marshal is authorized to adopt rules
7 that establish audience proximity distances for consumer
8 display fireworks.
9     The Office of the State Fire Marshal shall maintain a list
10 of approved consumer fireworks and update the list annually or
11 as new consumer fireworks items are submitted to the Office by
12 consumer distributors.
13     All applications, permits, and site inspection records
14 shall be on forms approved by the State Fire Marshal.
15 (Source: P.A. 81-623.)
 
16     (425 ILCS 35/5)  (from Ch. 127 1/2, par. 131)
17     Sec. 5. (a) Any person, firm, co-partnership, or
18 corporation violating the provisions of this Act, except as
19 provided in subsection b, shall be guilty of a Class A B
20 misdemeanor.
21     (b) The possession, offering for sale, exposing for sale,
22 or selling at retail of fireworks in violation of this Act is:
23         (1) a petty offense if involving up to 1 pound of
24 fireworks, exclusive of external packaging; or
25         (2) a Class B misdemeanor if involving an amount
26 greater than 1 pound but up to 3 pounds of fireworks, exclusive
27 of external packaging; or
28         (3) a Class A misdemeanor if involving an amount
29 greater than 3 pounds of fireworks, exclusive of external
30 packaging.
31     "External packaging", for purposes of this subsection,
32 shall mean any materials which are not an integral part of the
33 operative unit of fireworks.
34 (Source: P.A. 82-620.)