Full Text of SB1267 96th General Assembly
SB1267ham001 96TH GENERAL ASSEMBLY
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Executive Committee
Filed: 5/13/2009
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| AMENDMENT TO SENATE BILL 1267
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| AMENDMENT NO. ______. Amend Senate Bill 1267 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Pyrotechnic
Distributor and
Operator | 5 |
| Licensing Act is amended by changing Sections 5, 10, 30, 35, | 6 |
| 50, 57, 60, 90 and by adding Sections 95 and 97 as follows:
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| (225 ILCS 227/5)
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| Sec. 5. Definitions. In this Act:
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| "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 |
| "BATFE" means the federal Bureau of Alcohol, Tobacco , and | 14 |
| Firearms and Explosives Enforcement . | 15 |
| "Consumer fireworks" means fireworks that must comply with | 16 |
| the construction, chemical composition, and labeling |
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| regulations of the U.S. Consumer Products Safety Commission, as | 2 |
| set forth in 16 C.F.R. Parts 1500 and 1507, and classified as | 3 |
| fireworks UN0336 or UN0337 by the United States Department of | 4 |
| Transportation under 49 C.F.R. 172.101. "Consumer fireworks" | 5 |
| does not include a substance or article exempted under the | 6 |
| Pyrotechnic Fireworks Use Act.
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| "Display fireworks" means
1.3G explosive or special | 8 |
| effects fireworks.
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| "Facility" means an area being used for the conducting of a | 10 |
| pyrotechnic display business, but does not include residential | 11 |
| premises except for the portion of any residential premises | 12 |
| that is actually used in the conduct of a pyrotechnic display | 13 |
| business.
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| "Flame effect" means the detonation, ignition, or | 15 |
| deflagration of flammable gases, liquids, or special materials | 16 |
| to produce a thermal, physical, visual, or audible effect | 17 |
| before the public, invitees, or licensees, regardless of | 18 |
| whether admission is charged in accordance with NFPA 160.
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| "Lead pyrotechnic operator" means the individual with | 20 |
| overall
responsibility
for the safety, setup, discharge, and | 21 |
| supervision of a pyrotechnic display or pyrotechnic service .
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| "Office" means Office of the State Fire Marshal.
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| "Person" means an individual, firm, corporation, | 24 |
| association,
partnership,
company, consortium, joint venture, | 25 |
| commercial entity, state,
municipality, or
political | 26 |
| subdivision of a state or any agency, department, or
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| instrumentality of the
United States and any officer, agent, or | 2 |
| employee of these entities.
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| "Production company" means any person in the film, digital | 4 |
| and video media, television, commercial, and theatrical stage | 5 |
| industry who provides pyrotechnic services or pyrotechnic | 6 |
| display services as part of a film, digital and video media, | 7 |
| television, commercial, or theatrical production in the State | 8 |
| of Illinois. | 9 |
| "Pyrotechnic display" or "display" means the detonation, | 10 |
| ignition, or
deflagration of display fireworks or flame effects
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| to produce a visual or audible effect of an
exhibitional nature | 12 |
| before the public, invitees, or licensees, regardless of
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| whether admission is charged. | 14 |
| "Pyrotechnic distributor" means any person , company, | 15 |
| association, group of persons, or corporation who distributes | 16 |
| display fireworks for sale in the State of Illinois or provides | 17 |
| them as part of a pyrotechnic display service in the State of | 18 |
| Illinois or provides only pyrotechnic services. | 19 |
| "Pyrotechnic service" means the detonation, ignition, or | 20 |
| deflagration of display fireworks, special effects, or flame | 21 |
| effects to produce a visual or audible effect. | 22 |
| "Special effects fireworks" means pyrotechnic devices used | 23 |
| for special effects by professionals in the performing arts in | 24 |
| conjunction with theatrical, musical, or other productions | 25 |
| that are similar to consumer fireworks in chemical compositions | 26 |
| and construction, but are not intended for consumer use and are |
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| not labeled as such or identified as "intended for indoor use". | 2 |
| "Special effects fireworks" are classified as fireworks UN0431 | 3 |
| or UN0432 by the United States Department of Transportation | 4 |
| under 49 C.F.R. 172.101.
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| (Source: P.A. 94-385, eff. 7-29-05; 94-658, eff. 1-1-06; | 6 |
| 95-331, eff. 8-21-07.)
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| (225 ILCS 227/10)
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| Sec. 10. License; enforcement. No person may act as a | 9 |
| pyrotechnic distributor , production company, or
lead | 10 |
| pyrotechnic
operator, or advertise or use any title implying | 11 |
| that the person is a pyrotechnic distributor , production | 12 |
| company, or
lead
pyrotechnic operator, unless licensed by the | 13 |
| Office under this Act. An
out-of-state person hired for or | 14 |
| engaged in pyrotechnic services or a pyrotechnic display must | 15 |
| be employed by a licensed have a
pyrotechnic distributor or | 16 |
| licensed production company and hold a lead pyrotechnic | 17 |
| operator license issued by the Office. No pyrotechnic services | 18 |
| or pyrotechnic display shall be conducted without a
person | 19 |
| licensed under this Act as a lead pyrotechnic operator | 20 |
| supervising the
display. The State Fire Marshal, in the name of | 21 |
| the People, through the
Attorney General, the State's Attorney | 22 |
| of any county, any resident of the
State, or any legal entity | 23 |
| within the State may apply for injunctive relief in
any court | 24 |
| to enjoin any person who has not been issued a license or whose
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| license has been suspended, revoked, or not renewed, from |
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| practicing a licensed
activity. Upon filing a verified
petition | 2 |
| in court, the court, if satisfied by affidavit, or otherwise, | 3 |
| that the
person is or has been practicing in violation of this | 4 |
| Act, may enter a
temporary restraining order or preliminary | 5 |
| injunction, without bond, enjoining
the defendant from further | 6 |
| unlicensed activity. A copy of the verified
complaint shall be | 7 |
| served upon the defendant and the proceedings are to be
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| conducted as in other civil cases. The court may enter a | 9 |
| judgment permanently
enjoining a defendant from further | 10 |
| unlicensed activity if it is established
that the defendant has | 11 |
| been or is practicing in violation of this Act. In case
of | 12 |
| violation of any injunctive order or judgment entered under | 13 |
| this Section,
the court may summarily try and punish the | 14 |
| offender for contempt of court.
Injunctive proceedings are in | 15 |
| addition to all penalties and other remedies in
this Act.
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| (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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| (225 ILCS 227/30)
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| Sec. 30. Rules. The State Fire Marshal shall adopt all | 19 |
| rules necessary to
carry out its responsibilities under this | 20 |
| Act including
rules requiring the
training, examination, and | 21 |
| licensing of production company, pyrotechnic distributors and | 22 |
| lead pyrotechnic operators. The
rules of the State Fire
Marshal | 23 |
| shall be based upon nationally recognized standards such as
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| those of the National Fire Protection Association (NFPA) 1123 | 25 |
| guidelines for
outdoor displays, NFPA 1126 for proximate |
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| audience displays, and NFPA 160 for flame effect displays , and | 2 |
| NFPA 140 for motion picture and television production studio | 3 |
| soundstages, approved production facilities, and production | 4 |
| locations . The State Fire Marshal shall conduct the training | 5 |
| and examination of pyrotechnic operators and pyrotechnic | 6 |
| distributors or may delegate the responsibility to train and | 7 |
| examine pyrotechnic distributors and operators to the | 8 |
| Department of Natural Resources.
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| (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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| (225 ILCS 227/35)
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| Sec. 35. Licensure requirements and fees.
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| (a) Each application for a license to practice under this | 13 |
| Act shall be in
writing and signed by the applicant on forms | 14 |
| provided by the Office.
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| (b) After January 1, 2006, all pyrotechnic displays, both | 16 |
| indoor and
outdoor, must comply with the requirements set forth | 17 |
| in this Act.
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| (c) After January 1, 2006, no person may engage in | 19 |
| pyrotechnic distribution without first applying for and | 20 |
| obtaining a license from the Office. Applicants for a license | 21 |
| must submit to the Office the following: | 22 |
| (1) A current BATFE license for the type of pyrotechnic | 23 |
| service or pyrotechnic display service provided for | 24 |
| distribution of display fireworks . | 25 |
| (2) Proof of $1,000,000 in product liability |
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| insurance. | 2 |
| (3) Proof of $1,000,000 in general liability | 3 |
| insurance. | 4 |
| (4) Proof of Illinois Workers' Worker's Compensation | 5 |
| Insurance. | 6 |
| (5) A license fee set by the Office. | 7 |
| (6) Proof of a current United States Department of | 8 |
| Transportation (DOT) Identification Number. | 9 |
| (7) Proof of a current USDOT Hazardous Materials | 10 |
| Registration Number. | 11 |
| (8) Proof of having the requisite knowledge, either | 12 |
| through training, examination, or
continuing education, as | 13 |
| established by Office rule. | 14 |
| (c-3) After January 1, 2010, no production company may | 15 |
| provide pyrotechnic services as part of any production without | 16 |
| either (i) obtaining a production company license from the | 17 |
| Office under which all pyrotechnic services are performed by a | 18 |
| licensed lead pyrotechnic operator or (ii) hiring a pyrotechnic | 19 |
| distributor licensed in accordance with this Act to perform the | 20 |
| pyrotechnic services. Applicants for a production company | 21 |
| license must submit to the Office the following: | 22 |
| (1) Proof of $1,000,000 in products liability | 23 |
| insurance. | 24 |
| (2) Proof of $1,000,000 in general liability | 25 |
| insurance. | 26 |
| (3) Proof of Illinois Workers' Compensation Insurance. |
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| (4) A license fee set by the Office. | 2 |
| (5) Proof of a current USDOT Identification Number. | 3 |
| (6) Proof of a current USDOT Hazardous Materials | 4 |
| Registration Number. | 5 |
| (7) Identification of the licensed lead pyrotechnic | 6 |
| operator being employed by the production company. | 7 |
| The insurer shall not cancel the insured's coverage or | 8 |
| remove an additional insured from the policy coverage without | 9 |
| notifying the Office in writing at least 15 days before | 10 |
| cancellation. | 11 |
| (c-5) After January 1, 2006, no individual may act as a | 12 |
| lead operator in a
pyrotechnic display without first applying | 13 |
| for and obtaining a lead pyrotechnic
operator's
license from | 14 |
| the Office. The Office shall establish separate licenses for
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| lead pyrotechnic
operators for indoor and outdoor pyrotechnic | 16 |
| displays. Applicants for a
license must:
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| (1) Pay the fees set by the Office.
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| (2) Have the requisite training or continuing | 19 |
| education as
established
in the Office's rules.
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| (3) (Blank).
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| (d) A person is qualified to receive a license under this | 22 |
| Act if
the person
meets all of the following minimum | 23 |
| requirements:
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| (1) Is at least 21 years of age.
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| (2) Has not willfully violated any provisions of this | 26 |
| Act.
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| (3) Has not made any material misstatement or knowingly | 2 |
| withheld
information in connection with any original or | 3 |
| renewal application.
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| (4) Has not been declared incompetent by any competent | 5 |
| court by
reasons of mental or physical defect or disease | 6 |
| unless a court has since
declared
the person competent.
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| (5) Does not have an addiction to or dependency on | 8 |
| alcohol or drugs that
is likely to endanger the public at a | 9 |
| pyrotechnic display.
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| (6) Has not been convicted in any jurisdiction of any | 11 |
| felony within the
prior 5 years.
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| (7) Is not a fugitive from justice. | 13 |
| (8) Has, or has applied for, a BATFE explosives | 14 |
| license or a Letter of Clearance from the BATFE.
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| (9) If a lead pyrotechnic operator is employed by a | 16 |
| political subdivision of the State or by a licensed | 17 |
| production company, he or she shall have a BATFE license | 18 |
| for the pyrotechnic services or pyrotechnic display | 19 |
| services provided.
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| (10) If a production company has not provided proof of | 21 |
| a current USDOT Identification Number and a current USDOT | 22 |
| Hazardous Materials Registration Number, as required by | 23 |
| paragraphs (5) and (6) of subsection (c-3) of this Section, | 24 |
| then the lead pyrotechnic operator which it employs shall | 25 |
| provide such proof to the Office. | 26 |
| (e) A person is qualified to assist a lead operator if the |
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| person meets
all of the
following minimum requirements:
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| (1) Is at least 18 years of age.
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| (2) Has not willfully violated any provision of this | 4 |
| Act.
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| (3) 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.
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| (4) 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.
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| (5) Has not been convicted in any jurisdiction of any | 12 |
| felony within the
prior 5 years.
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| (6) Is not a fugitive from justice.
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| (7) Is employed as an employee of the licensed | 15 |
| pyrotechnic distributor or the licensed production | 16 |
| company. | 17 |
| (8) Has been registered with the Office by the licensed | 18 |
| distributor or the licensed production company on a form | 19 |
| provided by the Office prior to the time when the assistant | 20 |
| begins work as an employee on the pyrotechnic display or | 21 |
| pyrotechnic service. | 22 |
| (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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| (225 ILCS 227/50)
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| Sec. 50. Issuance of license; renewal; fees nonrefundable.
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| (a) The Office, upon the applicant's satisfactory |
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| completion of
the
requirements imposed under this Act and upon | 2 |
| receipt of the requisite
fees, shall
issue the appropriate | 3 |
| license showing the name, address, and photograph of
the
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| licensee and the dates of issuance and expiration. The license | 5 |
| shall include the name of the pyrotechnic distributor or | 6 |
| production company employing the lead pyrotechnic operator. A | 7 |
| lead pyrotechnic operator is required to have a separate | 8 |
| license for each pyrotechnic distributor or production company | 9 |
| who employs the lead pyrotechnic operator.
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| (b) Each licensee may apply for renewal of his or her | 11 |
| license upon
payment of the applicable
fees. The expiration | 12 |
| date and renewal period for each
license
issued under this Act | 13 |
| shall be set by rule. Failure to renew within 60 days of
the | 14 |
| expiration date
results in lapse of the license. A lapsed | 15 |
| license may not be reinstated until a
written
application is | 16 |
| filed, the renewal fee is paid, and the reinstatement fee
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| established by the
Office is paid. Renewal and reinstatement | 18 |
| fees shall be waived for persons
who did not
renew while on | 19 |
| active duty in the military and who file for renewal or
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| restoration
within one year after discharge from the service. A | 21 |
| lapsed license may not
be
reinstated after 5 years have elapsed | 22 |
| except upon passing an examination to
determine
fitness to have | 23 |
| the license restored and by paying the required fees.
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| (c) All fees paid under this Act are nonrefundable.
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| (d) A production company licensed under this Act shall pay | 26 |
| all applicable licensing fees for each lead pyrotechnic |
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| operator it employs. | 2 |
| (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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| (225 ILCS 227/57)
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| Sec. 57. Training; additional lead pyrotechnic operators. | 5 |
| No pyrotechnic distributor or production company shall allow | 6 |
| any person in the pyrotechnic distributor's or production | 7 |
| company's employ to act as a lead pyrotechnic operator until | 8 |
| the person has obtained a lead pyrotechnic operator's license | 9 |
| from the Office. Nothing in this Section shall prevent an | 10 |
| assistant from acting as a lead pyrotechnic operator under the | 11 |
| direct supervision of a licensed lead pyrotechnic operator for | 12 |
| training purposes.
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| (Source: P.A. 94-385, eff. 7-29-05.)
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| (225 ILCS 227/60)
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| Sec. 60.
Conditions of renewal; change of address; | 16 |
| duplicate
license; inspection.
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| (a) As a condition of renewal of a license, the Office may | 18 |
| require the
licensee to report information pertaining to the | 19 |
| person's practice in relation
to this Act that the Office | 20 |
| determines to be in the interest of public safety.
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| (b) A licensee shall report a change in home or office | 22 |
| address within 10
days of the change.
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| (c) The licensee shall carry his or her license at all | 24 |
| times when engaging
in a pyrotechnic service or pyrotechnic |
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| display activity.
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| (d) If a license or certificate is lost, a duplicate shall | 3 |
| be issued
upon payment
of the required fee to be established by | 4 |
| the Office. If a licensee wishes
to change his
or her name, the | 5 |
| Office shall issue a license in the new name upon satisfactory
| 6 |
| proof
that the change of name was done in accordance with law | 7 |
| and upon payment of the
required fee.
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| (e) Each licensee shall permit his or her facilities to be | 9 |
| inspected by
representatives of the Office for the purpose of | 10 |
| administering this Act.
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| (Source: P.A. 93-263, eff. 7-22-03.)
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| (225 ILCS 227/90)
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| Sec. 90. Penalties. Any natural person who violates any of | 14 |
| the
following
provisions is guilty of a Class A misdemeanor for | 15 |
| the first offense and a
corporation
or other entity that | 16 |
| violates any of the following provision commits a business
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| offense
punishable by a fine not to exceed $5,000; a second or | 18 |
| subsequent offense in
violation of
any Section of this Act, | 19 |
| including this Section, is a Class 4 felony if
committed by a
| 20 |
| natural person, or a business offense punishable by a fine of | 21 |
| up to
$10,000 if
committed by a corporation or other business | 22 |
| entity:
| 23 |
| (1) Practicing or attempting to practice as a | 24 |
| pyrotechnic distributor or production company, or
lead | 25 |
| pyrotechnic
operator
without a license;
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| (2) Obtaining or attempting to obtain a license, | 2 |
| practice or
business, or
any other thing of value by | 3 |
| fraudulent representation;
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| (3) Permitting, directing, or authorizing any person | 5 |
| in one's
employ
or under one's direction or supervision to | 6 |
| work or serve as a
licensee if that
individual does not | 7 |
| possess an appropriate valid license.
| 8 |
| Whenever any person is punished as a repeat offender under | 9 |
| this
Section, the
Office may proceed to obtain a permanent | 10 |
| injunction against the person under
Section
10. If any person | 11 |
| in making any oath or affidavit required by this Act swears
| 12 |
| falsely,
the person is guilty of perjury and upon conviction | 13 |
| may be punished
accordingly.
| 14 |
| (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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| (225 ILCS 227/95 new)
| 16 |
| Sec. 95. Display Reports. A lead pyrotechnic operator | 17 |
| shall file an Illinois Display Report, which shall include the | 18 |
| names and signatures of all lead pyrotechnic operators and | 19 |
| assistants participating in the pyrotechnic display or | 20 |
| pyrotechnic service and the name, department, and signature of | 21 |
| the fire protection jurisdiction, with the Office within 30 | 22 |
| days following any pyrotechnic display or pyrotechnic service. | 23 |
| (225 ILCS 227/97 new)
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| (Section scheduled to be repealed on July 1, 2011) |
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| Sec. 97. Music Entertainment Pyrotechnics Task Force. The | 2 |
| Music Entertainment Pyrotechnics Task Force (Task Force) is | 3 |
| established for the purposes of studying the provision of | 4 |
| pyrotechnic displays and pyrotechnic services in the indoor and | 5 |
| outdoor music entertainment industry in the State of Illinois, | 6 |
| reviewing present recommendations solely related to who can | 7 |
| provide pyrotechnic displays and pyrotechnic services for the | 8 |
| music entertainment industry in the State of Illinois, and | 9 |
| recommending any changes that may be necessary to the | 10 |
| Pyrotechnic Distributor and Operator Licensing Act to the House | 11 |
| of Representatives. The Task Force shall consist of 5 members. | 12 |
| The Speaker of the House of Representatives and the Minority | 13 |
| Leader of the House of Representatives shall each appoint 2 | 14 |
| members to the Task Force. The Office of the State Fire Marshal | 15 |
| shall appoint one member to the Task Force. The members shall | 16 |
| serve without compensation. The Task Force shall meet as | 17 |
| necessary. The Office of the State Fire Marshal shall provide | 18 |
| all staffing and administrative support for the administration | 19 |
| of the Task Force. The Task Force shall report its findings and | 20 |
| recommendations to the House of Representatives by filing | 21 |
| copies of its report with the Clerk of the House of | 22 |
| Representatives no later than January 1, 2011. Upon filing its | 23 |
| report, the Task Force is dissolved. This Section is repealed | 24 |
| on July 1, 2011. | 25 |
| Section 10. The Fireworks Use Act is amended by changing |
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| Sections 0.01, 1, 2.1, and 4.1 as follows:
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| (425 ILCS 35/0.01) (from Ch. 127 1/2, par. 126.9)
| 3 |
| Sec. 0.01. Short title. This Act may be cited as the
| 4 |
| Pyrotechnic Fireworks Use Act.
| 5 |
| (Source: P.A. 86-1324.)
| 6 |
| (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
| 7 |
| Sec. 1. Definitions. As used in this Act, the following | 8 |
| words shall have the following meanings: | 9 |
| "1.3G fireworks" means those fireworks 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 |
| "Consumer distributor" means any person who distributes, | 14 |
| offers for sale, sells, or exchanges for consideration consumer | 15 |
| fireworks in Illinois to another distributor or directly to any | 16 |
| retailer or person for resale. | 17 |
| "Consumer fireworks" means those fireworks that must | 18 |
| comply with the construction, chemical composition, and | 19 |
| labeling regulations of the U.S. Consumer Products Safety | 20 |
| Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | 21 |
| classified as fireworks UN0336 or UN0337 by the United States | 22 |
| Department of Transportation under 49 C.F.R. 172.101. | 23 |
| "Consumer fireworks"
shall not include snake or glow worm | 24 |
| pellets; smoke devices; trick noisemakers
known as "party |
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| poppers", "booby traps", "snappers", "trick matches", | 2 |
| "cigarette
loads", and "auto burglar alarms"; sparklers; toy | 3 |
| pistols, toy
canes, toy guns, or other devices in
which paper | 4 |
| or plastic caps containing twenty-five hundredths grains or
| 5 |
| less of explosive compound are used, provided they are so | 6 |
| constructed that
the hand cannot come in contact with the cap | 7 |
| when in place for the
explosion; and toy pistol paper or | 8 |
| plastic caps that contain less than
twenty hundredths grains of | 9 |
| explosive mixture; the sale and use of which
shall be permitted | 10 |
| at all times. | 11 |
| "Consumer fireworks display" or "consumer display" means | 12 |
| the detonation, ignition, or deflagration of consumer | 13 |
| fireworks to produce a visual or audible effect. | 14 |
| "Consumer operator" means an adult individual who is | 15 |
| responsible for the safety, setup, and discharge of the | 16 |
| consumer fireworks display and who has completed the training | 17 |
| required in Section 2.2 of this Act. | 18 |
| "Consumer retailer" means any person who offers for sale, | 19 |
| sells, or exchanges for consideration consumer fireworks in | 20 |
| Illinois directly to any person with a consumer display permit. | 21 |
| "Display fireworks" means 1.3G or special effects | 22 |
| fireworks or as further defined in the Pyrotechnic Distributor | 23 |
| and Operator Licensing Act. | 24 |
| "Flame effect" means the detonation, ignition, or | 25 |
| deflagration of flammable gases, liquids, or special materials | 26 |
| to produce a thermal, physical, visual, or audible effect |
|
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| 1 |
| before the public, invitees, or licensees, regardless of | 2 |
| whether admission is charged, in accordance with National Fire | 3 |
| Protection Association 160 guidelines, and as may be further | 4 |
| defined in the Pyrotechnic Distributor and Operator Licensing | 5 |
| Act. | 6 |
| "Lead pyrotechnic operator" means an individual who is | 7 |
| responsible for the safety, setup, and discharge of the | 8 |
| pyrotechnic display or pyrotechnic service and who is licensed | 9 |
| pursuant to the Pyrotechnic Distributor and Operator Licensing | 10 |
| Act. | 11 |
| "Person" means an individual, firm, corporation, | 12 |
| association, partnership, company, consortium, joint venture, | 13 |
| or commercial entity , municipality, or political subdivision | 14 |
| of a state or any agency, department, or instrumentality of the | 15 |
| United States and any officer, agent, or employee of these | 16 |
| entities .
| 17 |
| "Production company" means any person in the film, digital | 18 |
| and video media, television, commercial, and theatrical stage | 19 |
| industry who provides pyrotechnic services or pyrotechnic | 20 |
| display services as part of a film, digital and video media, | 21 |
| television, commercial, or theatrical production in the State | 22 |
| of Illinois and licensed by the Office pursuant to the | 23 |
| Pyrotechnic Distributor and Operator Licensing Act. | 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 |
|
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| 1 |
| public, invitees, or licensees, regardless of whether | 2 |
| admission is charged, and as may be further defined in the | 3 |
| Pyrotechnic Distributor and Operator Licensing Act. | 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 and licensed by | 8 |
| the Office pursuant to the Pyrotechnic Distributor and Operator | 9 |
| Licensing Act. | 10 |
| "Pyrotechnic service" means the detonation, ignition or | 11 |
| deflagration of display fireworks, special effects or flame | 12 |
| effects to produce a visual or audible effect. | 13 |
| "Special effects fireworks" means pyrotechnic devices used | 14 |
| for special effects by professionals in the performing arts in | 15 |
| conjunction with theatrical, musical, or other productions
| 16 |
| that are similar to consumer fireworks in chemical compositions
| 17 |
| and construction, but are not intended for consumer use and are
| 18 |
| not labeled as such or identified as "intended for indoor use".
| 19 |
| "Special effects fireworks" are classified as fireworks UN0431
| 20 |
| or UN0432 by the United States Department of Transportation
| 21 |
| under 49 C.F.R. 172.101.
| 22 |
| (Source: P.A. 94-658, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 23 |
| (425 ILCS 35/2.1) | 24 |
| Sec. 2.1. Pyrotechnic displays or pyrotechnic service . | 25 |
| Each pyrotechnic display shall be
conducted by a licensed lead |
|
|
|
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| 1 |
| pyrotechnic operator employed by a licensed pyrotechnic | 2 |
| distributor or a licensed production company . Applications for | 3 |
| a pyrotechnic display permit shall be made in writing at
least | 4 |
| 15 days in advance of the date of the pyrotechnic display or | 5 |
| pyrotechnic service , unless agreed to otherwise by the local | 6 |
| jurisdiction issuing the permit and the fire chief of the | 7 |
| jurisdiction in which the display or pyrotechnic service will | 8 |
| occur. After a permit has been granted,
sales, possession, use, | 9 |
| and distribution of display fireworks for the display
shall be | 10 |
| lawful for that purpose only. No permit granted hereunder shall
| 11 |
| be transferable. | 12 |
| Pyrotechnic display permits may be granted hereunder to any | 13 |
| adult individual applying therefor. No permit shall be required | 14 |
| under
the provisions of this Act for supervised public displays | 15 |
| by State or
County fair associations. | 16 |
| The applicant seeking the pyrotechnic display permit must | 17 |
| provide proof of liability insurance in a sum not less than | 18 |
| $1,000,000 to the local governmental entity issuing the permit.
| 19 |
| A permit shall be issued only after the chief of the fire | 20 |
| department providing fire protection coverage to the area of | 21 |
| display or pyrotechnic service , or his or her designee, has | 22 |
| inspected the site and determined that the display or | 23 |
| pyrotechnic service can be performed in full compliance with | 24 |
| the rules adopted by the State Fire Marshal and that the | 25 |
| display or pyrotechnic service shall not be hazardous to | 26 |
| property or endanger any person or persons.
Nothing in this |
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| 1 |
| Section shall prohibit the issuer of a permit from
adopting | 2 |
| more stringent rules. | 3 |
| All indoor pyrotechnic displays and pyrotechnic services | 4 |
| shall be conducted in buildings protected by
automatic | 5 |
| sprinkler systems and meeting the requirements of rules adopted | 6 |
| by the State Fire Marshal pursuant to this Act. At the time an | 7 |
| individual applies for an indoor pyrotechnic display permit | 8 |
| from the local jurisdiction, written notice of the permit | 9 |
| application and the indoor display information shall be made in | 10 |
| writing at least 15 days in advance of the date of the | 11 |
| pyrotechnic display or pyrotechnic service to the Office, | 12 |
| unless agreed to otherwise by the Office. | 13 |
| Permits shall be signed by the chief of the fire department | 14 |
| providing fire protection to the area of display or pyrotechnic | 15 |
| service , or his or her designee, and must identify the licensed | 16 |
| pyrotechnic distributor or licensed production company and the | 17 |
| lead pyrotechnic operator.
| 18 |
| (Source: P.A. 94-658, eff. 1-1-06.)
| 19 |
| (425 ILCS 35/4.1) (from Ch. 127 1/2, par. 130.1)
| 20 |
| Sec. 4.1. The State Fire Marshal may adopt necessary rules | 21 |
| and regulations
for the administration of this Act which shall | 22 |
| be based upon nationally recognized standards such as those of | 23 |
| the
National Fire Protection Association (NFPA) 1123 | 24 |
| guidelines for outdoor
displays, NFPA 1126 guidelines for | 25 |
| proximate audience displays, and NFPA 160 guidelines for flame |
|
|
|
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| 1 |
| effects , and NFPA 140 for motion picture and television | 2 |
| production studio soundstages, approved production facilities, | 3 |
| and production locations . The State Fire Marshal is authorized | 4 |
| to adopt rules that establish audience proximity distances for | 5 |
| consumer display fireworks.
| 6 |
| The Office of the State Fire Marshal shall maintain a list | 7 |
| of approved consumer fireworks and update the list annually or | 8 |
| as new consumer fireworks items are submitted to the Office by | 9 |
| consumer distributors. | 10 |
| All applications, permits, and site inspection records | 11 |
| shall be on forms approved by the State Fire Marshal.
| 12 |
| (Source: P.A. 94-658, eff. 1-1-06.)".
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