Full Text of HB2898 102nd General Assembly
HB2898ham001 102ND GENERAL ASSEMBLY | Rep. Robert Rita Filed: 3/9/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2898
| 2 | | AMENDMENT NO. ______. Amend House Bill 2898 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Fireworks Regulation Act of Illinois is | 5 | | amended by changing Section 2 as follows:
| 6 | | (425 ILCS 30/2) (from Ch. 127 1/2, par. 102)
| 7 | | Sec. 2.
The following words and phrases, when used in this | 8 | | Act, shall
for the purpose of this Act have the following | 9 | | definition and meaning:
| 10 | | (a) The term fireworks shall mean and include any | 11 | | explosive
composition or any substance or combination of | 12 | | substances, or article
prepared for the purpose of producing a | 13 | | visible or audible effect of a
temporary exhibitional nature | 14 | | by explosion, combustion, deflagration or
detonation, and | 15 | | shall include blank cartridges, toy cannons in which
| 16 | | explosives are used, the type of balloons which require fire |
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| 1 | | underneath
to propel the same, firecrackers, torpedoes, sky | 2 | | rockets, Roman candles,
bombs or other fireworks of like | 3 | | construction and any
fireworks containing any explosive | 4 | | compound; or any tablets or other
device containing any | 5 | | explosive substance, or containing combustible
substances | 6 | | producing visual effects. The term "fireworks" shall not
| 7 | | include snake or glow worm pellets; smoke devices; handheld or | 8 | | ground-based sparklers that are nonexplosive and nonaerial, | 9 | | sometimes producing a crackling or whistling effect, and | 10 | | containing 75 grams or fewer of pyrotechnic composition per | 11 | | tube or a total of 500 grams or fewer for multiple tubes ; trick | 12 | | noisemakers
known as "party poppers", "booby traps", | 13 | | "snappers", "trick matches", "cigarette
loads" and "auto | 14 | | burglar alarms"; toy pistols, toy canes, toy guns, or
other | 15 | | devices in which
paper or plastic caps containing twenty-five | 16 | | hundredths grains or less
of explosive compound are used, | 17 | | provided they are so constructed that
the hand cannot come in | 18 | | contact with the cap when in place for the
explosion; wood | 19 | | stick or wire sparklers containing not more than 100 grams of | 20 | | pyrotechnic mixture per item; and toy pistol paper or plastic | 21 | | caps which contain
less than twenty-five hundredths grains of | 22 | | explosive mixture;
the sale and use of
which shall be | 23 | | permitted at all times.
| 24 | | (b) The term "fireworks plant" shall mean and include all | 25 | | lands,
with buildings thereon, used in connection with the | 26 | | manufacture or
processing of fireworks, as well as storehouses |
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| 1 | | located thereon for the
storage of finished fireworks.
| 2 | | (c) The term "fireworks factory building" shall mean any | 3 | | building or
other structure in which the manufacture of | 4 | | fireworks, or in which any
processing involving fireworks is | 5 | | carried on.
| 6 | | (d) The term "magazine" shall mean any building or other | 7 | | structure
used for the storage of explosive raw materials used | 8 | | in the manufacture
of fireworks.
| 9 | | (e) The term "Office" shall mean the Office of the State | 10 | | Fire Marshal.
| 11 | | (Source: P.A. 83-474.)
| 12 | | Section 10. The Pyrotechnic Use Act is amended by changing | 13 | | Section 1 as follows:
| 14 | | (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
| 15 | | Sec. 1. Definitions. As used in this Act, the following | 16 | | words shall have the following meanings: | 17 | | "1.3G fireworks" means those fireworks used for | 18 | | professional outdoor displays and classified as fireworks | 19 | | UN0333, UN0334, or UN0335 by the United States Department of | 20 | | Transportation under 49 C.F.R. 172.101. | 21 | | "Consumer distributor" means any person who distributes, | 22 | | offers for sale, sells, or exchanges for consideration | 23 | | consumer fireworks in Illinois to another distributor or | 24 | | directly to any retailer or person for resale. |
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| 1 | | "Consumer fireworks" means those fireworks that must | 2 | | comply with the construction, chemical composition, and | 3 | | labeling regulations of the U.S. Consumer Products Safety | 4 | | Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | 5 | | classified as fireworks UN0336 or UN0337 by the United States | 6 | | Department of Transportation under 49 C.F.R. 172.101. | 7 | | "Consumer fireworks"
shall not include snake or glow worm | 8 | | pellets; smoke devices; trick noisemakers
known as "party | 9 | | poppers", "booby traps", "snappers", "trick matches", | 10 | | "cigarette
loads", and "auto burglar alarms"; handheld or | 11 | | ground-based sparklers that are nonexplosive and nonaerial, | 12 | | sometimes producing a crackling or whistling effect, and | 13 | | containing 75 grams or fewer of pyrotechnic composition per | 14 | | tube or a total of 500 grams or fewer for multiple tubes ; toy | 15 | | pistols, toy
canes, toy guns, or other devices in
which paper | 16 | | or plastic caps containing twenty-five hundredths grains or
| 17 | | less of explosive compound are used, provided they are so | 18 | | constructed that
the hand cannot come in contact with the cap | 19 | | when in place for the
explosion; wood stick or wire sparklers | 20 | | containing not more than 100 grams of pyrotechnic mixture per | 21 | | item; and toy pistol paper or plastic caps that contain less | 22 | | than
twenty hundredths grains of explosive mixture; the sale | 23 | | and use of which
shall be permitted at all times. | 24 | | "Consumer fireworks display" or "consumer display" means | 25 | | the detonation, ignition, or deflagration of consumer | 26 | | fireworks to produce a visual or audible effect. |
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| 1 | | "Consumer operator" means an adult individual who is | 2 | | responsible for the safety, setup, and discharge of the | 3 | | consumer fireworks display and who has completed the training | 4 | | required in Section 2.2 of this Act. | 5 | | "Consumer retailer" means any person who offers for sale, | 6 | | sells, or exchanges for consideration consumer fireworks in | 7 | | Illinois directly to any person with a consumer display | 8 | | permit. | 9 | | "Display fireworks" means 1.3G or special effects | 10 | | fireworks or as further defined in the Pyrotechnic Distributor | 11 | | and Operator Licensing Act. | 12 | | "Flame effect" means the detonation, ignition, or | 13 | | deflagration of flammable gases, liquids, or special materials | 14 | | to produce a thermal, physical, visual, or audible effect | 15 | | before the public, invitees, or licensees, regardless of | 16 | | whether admission is charged, in accordance with National Fire | 17 | | Protection Association 160 guidelines, and as may be further | 18 | | defined in the Pyrotechnic Distributor and Operator Licensing | 19 | | Act. | 20 | | "Lead pyrotechnic operator" means an individual who is | 21 | | responsible for the safety, setup, and discharge of the | 22 | | pyrotechnic display or pyrotechnic service and who is licensed | 23 | | pursuant to the Pyrotechnic Distributor and Operator Licensing | 24 | | Act. | 25 | | "Person" means an individual, firm, corporation, | 26 | | association, partnership, company, consortium, joint venture, |
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| 1 | | commercial entity, state, municipality, or political | 2 | | subdivision of a state or any agency, department, or | 3 | | instrumentality of the United States and any officer, agent, | 4 | | or employee of these entities.
| 5 | | "Production company" means any person in the film, digital | 6 | | and video media, television, commercial, music, or theatrical | 7 | | stage industry who provides pyrotechnic services or | 8 | | pyrotechnic display services as part of a film, digital and | 9 | | video media, television, commercial, music, or theatrical | 10 | | production in the State of Illinois and is licensed by the | 11 | | Office pursuant to the Pyrotechnic Distributor and Operator | 12 | | Licensing Act. | 13 | | "Pyrotechnic display" means the detonation, ignition, or | 14 | | deflagration of display fireworks or flame effects to produce | 15 | | visual or audible effects of an exhibitional nature before the | 16 | | public, invitees, or licensees, regardless of whether | 17 | | admission is charged, and as may be further defined in the | 18 | | Pyrotechnic Distributor and Operator Licensing Act. | 19 | | "Pyrotechnic distributor" means any person who distributes | 20 | | display fireworks for sale in the State of Illinois or | 21 | | provides them as part of a pyrotechnic display service in the | 22 | | State of Illinois or provides only pyrotechnic services and is | 23 | | licensed by the Office pursuant to the Pyrotechnic Distributor | 24 | | and Operator Licensing Act. | 25 | | "Pyrotechnic service" means the detonation, ignition, or | 26 | | deflagration of display fireworks, special effects, or flame |
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| 1 | | effects to produce a visual or audible effect. | 2 | | "Special effects fireworks" means pyrotechnic devices used | 3 | | for special effects by professionals in the performing arts in | 4 | | conjunction with theatrical, musical, or other productions
| 5 | | that are similar to consumer fireworks in chemical | 6 | | compositions
and construction, but are not intended for | 7 | | consumer use and are
not labeled as such or identified as | 8 | | "intended for indoor use".
"Special effects fireworks" are | 9 | | classified as fireworks UN0431
or UN0432 by the United States | 10 | | Department of Transportation
under 49 C.F.R. 172.101.
| 11 | | (Source: P.A. 99-642, eff. 7-28-16.)
| 12 | | Section 99. Effective date. This Act takes effect January | 13 | | 1, 2022.".
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