Illinois General Assembly - Full Text of HB2898
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Full Text of HB2898  102nd General Assembly

HB2898ham001 102ND GENERAL ASSEMBLY

Rep. Robert Rita

Filed: 3/9/2021

 

 


 

 


 
10200HB2898ham001LRB102 13459 CPF 23009 a

1
AMENDMENT TO HOUSE BILL 2898

2    AMENDMENT NO. ______. Amend House Bill 2898 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Fireworks Regulation Act of Illinois is
5amended 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
8Act, shall for the purpose of this Act have the following
9definition and meaning:
10    (a) The term fireworks shall mean and include any
11explosive composition or any substance or combination of
12substances, or article prepared for the purpose of producing a
13visible or audible effect of a temporary exhibitional nature
14by explosion, combustion, deflagration or detonation, and
15shall include blank cartridges, toy cannons in which
16explosives are used, the type of balloons which require fire

 

 

10200HB2898ham001- 2 -LRB102 13459 CPF 23009 a

1underneath to propel the same, firecrackers, torpedoes, sky
2rockets, Roman candles, bombs or other fireworks of like
3construction and any fireworks containing any explosive
4compound; or any tablets or other device containing any
5explosive substance, or containing combustible substances
6producing visual effects. The term "fireworks" shall not
7include snake or glow worm pellets; smoke devices; handheld or
8ground-based sparklers that are nonexplosive and nonaerial,
9sometimes producing a crackling or whistling effect, and
10containing 75 grams or fewer of pyrotechnic composition per
11tube or a total of 500 grams or fewer for multiple tubes; trick
12noisemakers known as "party poppers", "booby traps",
13"snappers", "trick matches", "cigarette loads" and "auto
14burglar alarms"; toy pistols, toy canes, toy guns, or other
15devices in which paper or plastic caps containing twenty-five
16hundredths grains or less of explosive compound are used,
17provided they are so constructed that the hand cannot come in
18contact with the cap when in place for the explosion; wood
19stick or wire sparklers containing not more than 100 grams of
20pyrotechnic mixture per item; and toy pistol paper or plastic
21caps which contain less than twenty-five hundredths grains of
22explosive mixture; the sale and use of which shall be
23permitted at all times.
24    (b) The term "fireworks plant" shall mean and include all
25lands, with buildings thereon, used in connection with the
26manufacture or processing of fireworks, as well as storehouses

 

 

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1located thereon for the storage of finished fireworks.
2    (c) The term "fireworks factory building" shall mean any
3building or other structure in which the manufacture of
4fireworks, or in which any processing involving fireworks is
5carried on.
6    (d) The term "magazine" shall mean any building or other
7structure used for the storage of explosive raw materials used
8in the manufacture of fireworks.
9    (e) The term "Office" shall mean the Office of the State
10Fire Marshal.
11(Source: P.A. 83-474.)
 
12    Section 10. The Pyrotechnic Use Act is amended by changing
13Section 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
16words shall have the following meanings:
17    "1.3G fireworks" means those fireworks used for
18professional outdoor displays and classified as fireworks
19UN0333, UN0334, or UN0335 by the United States Department of
20Transportation under 49 C.F.R. 172.101.
21    "Consumer distributor" means any person who distributes,
22offers for sale, sells, or exchanges for consideration
23consumer fireworks in Illinois to another distributor or
24directly to any retailer or person for resale.

 

 

10200HB2898ham001- 4 -LRB102 13459 CPF 23009 a

1    "Consumer fireworks" means those fireworks that must
2comply with the construction, chemical composition, and
3labeling regulations of the U.S. Consumer Products Safety
4Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
5classified as fireworks UN0336 or UN0337 by the United States
6Department of Transportation under 49 C.F.R. 172.101.
7"Consumer fireworks" shall not include snake or glow worm
8pellets; smoke devices; trick noisemakers known as "party
9poppers", "booby traps", "snappers", "trick matches",
10"cigarette loads", and "auto burglar alarms"; handheld or
11ground-based sparklers that are nonexplosive and nonaerial,
12sometimes producing a crackling or whistling effect, and
13containing 75 grams or fewer of pyrotechnic composition per
14tube or a total of 500 grams or fewer for multiple tubes; toy
15pistols, toy canes, toy guns, or other devices in which paper
16or plastic caps containing twenty-five hundredths grains or
17less of explosive compound are used, provided they are so
18constructed that the hand cannot come in contact with the cap
19when in place for the explosion; wood stick or wire sparklers
20containing not more than 100 grams of pyrotechnic mixture per
21item; and toy pistol paper or plastic caps that contain less
22than twenty hundredths grains of explosive mixture; the sale
23and use of which shall be permitted at all times.
24    "Consumer fireworks display" or "consumer display" means
25the detonation, ignition, or deflagration of consumer
26fireworks to produce a visual or audible effect.

 

 

10200HB2898ham001- 5 -LRB102 13459 CPF 23009 a

1    "Consumer operator" means an adult individual who is
2responsible for the safety, setup, and discharge of the
3consumer fireworks display and who has completed the training
4required in Section 2.2 of this Act.
5    "Consumer retailer" means any person who offers for sale,
6sells, or exchanges for consideration consumer fireworks in
7Illinois directly to any person with a consumer display
8permit.
9    "Display fireworks" means 1.3G or special effects
10fireworks or as further defined in the Pyrotechnic Distributor
11and Operator Licensing Act.
12    "Flame effect" means the detonation, ignition, or
13deflagration of flammable gases, liquids, or special materials
14to produce a thermal, physical, visual, or audible effect
15before the public, invitees, or licensees, regardless of
16whether admission is charged, in accordance with National Fire
17Protection Association 160 guidelines, and as may be further
18defined in the Pyrotechnic Distributor and Operator Licensing
19Act.
20    "Lead pyrotechnic operator" means an individual who is
21responsible for the safety, setup, and discharge of the
22pyrotechnic display or pyrotechnic service and who is licensed
23pursuant to the Pyrotechnic Distributor and Operator Licensing
24Act.
25    "Person" means an individual, firm, corporation,
26association, partnership, company, consortium, joint venture,

 

 

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1commercial entity, state, municipality, or political
2subdivision of a state or any agency, department, or
3instrumentality of the United States and any officer, agent,
4or employee of these entities.
5    "Production company" means any person in the film, digital
6and video media, television, commercial, music, or theatrical
7stage industry who provides pyrotechnic services or
8pyrotechnic display services as part of a film, digital and
9video media, television, commercial, music, or theatrical
10production in the State of Illinois and is licensed by the
11Office pursuant to the Pyrotechnic Distributor and Operator
12Licensing Act.
13    "Pyrotechnic display" means the detonation, ignition, or
14deflagration of display fireworks or flame effects to produce
15visual or audible effects of an exhibitional nature before the
16public, invitees, or licensees, regardless of whether
17admission is charged, and as may be further defined in the
18Pyrotechnic Distributor and Operator Licensing Act.
19    "Pyrotechnic distributor" means any person who distributes
20display fireworks for sale in the State of Illinois or
21provides them as part of a pyrotechnic display service in the
22State of Illinois or provides only pyrotechnic services and is
23licensed by the Office pursuant to the Pyrotechnic Distributor
24and Operator Licensing Act.
25    "Pyrotechnic service" means the detonation, ignition, or
26deflagration of display fireworks, special effects, or flame

 

 

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1effects to produce a visual or audible effect.
2    "Special effects fireworks" means pyrotechnic devices used
3for special effects by professionals in the performing arts in
4conjunction with theatrical, musical, or other productions
5that are similar to consumer fireworks in chemical
6compositions and construction, but are not intended for
7consumer use and are not labeled as such or identified as
8"intended for indoor use". "Special effects fireworks" are
9classified as fireworks UN0431 or UN0432 by the United States
10Department 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
131, 2022.".