(425 ILCS 30/1) (from Ch. 127 1/2, par. 101)
Sec. 1.
This Act may be cited as the Fireworks Regulation Act of Illinois.
(Source: P.A. 86-1475.)
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(425 ILCS 30/2) (from Ch. 127 1/2, par. 102)
Sec. 2.
The following words and phrases, when used in this Act, shall
for the purpose of this Act have the following definition and meaning:
(a) The term fireworks shall mean and include any explosive
composition or any substance or combination of substances, or article
prepared for the purpose of producing a visible or audible effect of a
temporary exhibitional nature by explosion, combustion, deflagration or
detonation, and shall include blank cartridges, toy cannons in which
explosives are used, the type of balloons which require fire underneath
to propel the same, firecrackers, torpedoes, sky rockets, Roman candles,
bombs or other fireworks of like construction and any
fireworks containing any explosive compound; or any tablets or other
device containing any explosive substance, or containing combustible
substances producing visual effects. The term "fireworks" shall not
include snake or glow worm pellets; smoke devices; sparklers; trick noisemakers
known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette
loads" and "auto burglar alarms"; toy pistols, toy canes, toy guns, or
other devices in which
paper or plastic caps containing twenty-five hundredths grains or less
of explosive compound are used, provided they are so constructed that
the hand cannot come in contact with the cap when in place for the
explosion; and toy pistol paper or plastic caps which contain
less than twenty-five hundredths grains of explosive mixture;
the sale and use of
which shall be permitted at all times.
(b) The term "fireworks plant" shall mean and include all lands,
with buildings thereon, used in connection with the manufacture or
processing of fireworks, as well as storehouses located thereon for the
storage of finished fireworks.
(c) The term "fireworks factory building" shall mean any building or
other structure in which the manufacture of fireworks, or in which any
processing involving fireworks is carried on.
(d) The term "magazine" shall mean any building or other structure
used for the storage of explosive raw materials used in the manufacture
of fireworks.
(e) The term "Office" shall mean the Office of the State Fire Marshal.
(Source: P.A. 83-474.)
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(425 ILCS 30/3) (from Ch. 127 1/2, par. 103)
Sec. 3.
Fireworks shall not be stored or kept for sale in a store:
(a) Where paints, oils or varnishes are manufactured or kept for use or
sale unless such paints, oils or varnishes are in original unbroken
containers.
(b) Where rosin, turpentine, gasoline or inflammable substance or
substances which may generate vapors are used, stored or offered for sale;
or
(c) Where there are not two approved chemical fire extinguishers or six
pails of water readily available and equipped for use in extinguishing
fires.
(Source: Laws 1935, p. 881.)
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(425 ILCS 30/3.5)
Sec. 3.5.
Sale and use prohibited on public property.
A municipality may,
by ordinance, prohibit the sale and use of sparklers on public property.
(Source: P.A. 92-93, eff. 1-1-02.)
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(425 ILCS 30/4) (from Ch. 127 1/2, par. 104)
Sec. 4.
Fireworks to be sold at wholesale shall be kept in a room set aside for the
storage of fireworks only. Over each entrance to this room shall be displayed a sign
in conspicuous type: "CAUTION - FIREWORKS - NO SMOKING", except that any
facility for the storage of fireworks which is required to be placarded pursuant to "An
Act to require labeling of equipment and facilities for the use, transportation,
storage and manufacture of hazardous materials and to provide for a uniform response
system to hazardous materials emergencies", enacted by the 79th General Assembly, shall
be placarded in compliance with that Act. No person shall be permitted
to be in this room while carrying matches, or a lighted cigar, cigarette or pipe.
(Source: P.A. 79-1442.)
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(425 ILCS 30/8) (from Ch. 127 1/2, par. 108)
Sec. 8.
All dealers are forbidden to expose fireworks in windows
where the sun shines through glass on the merchandise displayed, except
where such fireworks are in the original package, and all fireworks kept
for sale on front counters must remain in original packages; provided,
however, that fireworks in open stock may be kept in show cases or in
counters out of reach of the public.
(Source: P.A. 81-623.)
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(425 ILCS 30/9) (from Ch. 127 1/2, par. 109)
Sec. 9.
No smoking shall be allowed in a store where fireworks are offered
for sale. Over each entrance to such a store a sign in large letters shall
be displayed, reading "FIREWORKS FOR SALE-NO SMOKING ALLOWED."
(Source: Laws 1935, p. 881.)
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(425 ILCS 30/13) (from Ch. 127 1/2, par. 113)
Sec. 13.
No factory building used in the manufacture of explosive fireworks
shall be situated nearer than five hundred feet to any inhabited dwelling,
nor nearer than two hundred feet to any highway or any railroad, nor nearer
than one hundred feet to any building used for the storage of explosives or
fireworks, nor nearer than fifty feet to any other factory building. This
section shall not apply to existing factory buildings in fireworks plants
now in operation.
(a) All fireworks plants shall be enclosed on all sides by a fence and
all openings to such enclosures shall be fitted with suitable gates, which,
when not locked, shall be in charge of a competent watchman who shall have
charge of the fireworks plant when it is not in operation. This sub-section
shall not apply to existing plants.
(b) No stoves, or exposed flame shall be used in any part of any
fireworks plant, except in the boiler room or machine shop, or in buildings
where no fireworks or chemicals are stored therein. All parts of the
buildings in fireworks plants shall be kept clean, orderly and free from
accumulations of dust and rubbish.
(c) Fireworks in the finished state shall not be stored in buildings
where fireworks are in process of manufacture.
(d) Each shipping package of fireworks shall bear upon the outside
thereof the words "FIREWORKS--HANDLE CAREFULLY--KEEP FIRE AWAY" in letters
not less than 7/16 inch in height, and in addition shall show the name of
the fireworks manufacturer.
(e) No employee or other person shall enter or attempt to enter any
fireworks plant with matches, a lighted cigar, cigarette or pipe or other
flame-producing device, nor with liquor or narcotics in his or her
possession or control, nor while under the influence of liquor or
narcotics, nor partake of intoxicants or narcotics while in the plant.
(f) It shall be the duty of the superintendent, foreman or other person
in charge of any fireworks plant to provide safety containers for matches
at all main entrances of the plant, where all matches in the possession of
all persons shall be deposited before entering the plant enclosure.
(g) All fireworks plants shall be properly posted with "WARNING" and "NO
SMOKING" signs.
(Source: Laws 1935, p. 881.)
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(425 ILCS 30/13.1) (from Ch. 127 1/2, par. 113.1)
Sec. 13.1.
Signals or illumination - 3.
Nothing in this Act shall be
construed to prohibit any resident wholesaler, dealer, or jobber to sell
at wholesale any fireworks as are not herein prohibited; or the sale of
any kind of fireworks provided the same are to be shipped directly out of
the state; or the use of fireworks by railroads, public utilities, public
and private carriers or other transportation agencies for signal purposes
or illumination, or the sale or use of blank cartridges for a show or theater,
or for signal or ceremonial purposes in athletic or sports events, or for
use by military organizations.
(Source: P.A. 81-623.)
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(425 ILCS 30/14) (from Ch. 127 1/2, par. 114)
Sec. 14.
It shall be unlawful for any person to begin operation of a
new fireworks plant without a certificate of registration issued by the
Office pursuant to the provisions of this Act.
(Source: P.A. 80-147.)
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(425 ILCS 30/15) (from Ch. 127 1/2, par. 115)
Sec. 15.
A person is qualified to receive such certificate of registration
if such plant for which a certificate is sought, is constructed and
maintained in conformance with the provisions of this Act.
(Source: Laws 1935, p. 881.)
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(425 ILCS 30/16) (from Ch. 127 1/2, par. 116)
Sec. 16.
Every person who desires to obtain a certificate of
registration shall apply therefor to the Office in writing on
blanks prepared and furnished by said Office. Each application shall state
the name and address of the applicant and the address of the plant for
which such certificate is sought, together with a detailed description
of the plant. Such application shall be verified by the applicant under
oath. A registration fee of $50 shall accompany each such application.
If upon inspection, the Office finds that the provisions of this
Act have been complied with, a certificate of registration shall be
issued to such applicant. Such certificate of registration shall be
posted in a conspicuous place near the entrance to the fireworks plant
and shall continue in force until revoked.
(Source: P.A. 80-147.)
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(425 ILCS 30/17) (from Ch. 127 1/2, par. 117)
Sec. 17.
If said Office denies such application, it shall file in
its office a statement of the reasons therefor and furnish the applicant
with a copy of the same.
(Source: P.A. 80-147.)
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(425 ILCS 30/18) (from Ch. 127 1/2, par. 118)
Sec. 18.
The Office may revoke any certificate of registration if
the holder thereof has violated any of the provisions of this Act.
(Source: P.A. 80-147.)
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(425 ILCS 30/19) (from Ch. 127 1/2, par. 119)
Sec. 19.
If a certificate is revoked the Office shall file in its
office a statement of the reasons therefor and furnish a copy of same to
the holder of such certificate. No fireworks plant shall be operated
after revocation of its certificate of registration until such fireworks
plant complies with this act, and a new certificate is issued.
A record of the certificates of registration issued and revoked shall
be kept on file in the Office, and a duplicate sent to
the chief of the fire department of each community, in which a fireworks
plant is located.
(Source: P.A. 80-147.)
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(425 ILCS 30/20) (from Ch. 127 1/2, par. 120)
Sec. 20.
The Office shall give all applicants for, or holders of
certificates of registration sufficient opportunity to be heard before
any final decision to revoke or to refuse to issue a certificate of
registration under this Act, shall be rendered.
(Source: P.A. 80-147.)
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(425 ILCS 30/21) (from Ch. 127 1/2, par. 121)
Sec. 21.
The manner of conducting hearings provided for in section 20 of
this Act shall conform, as nearly as may be, to the provisions governing
hearings set forth in Sections 2105-100, 2105-105, 2105-110, 2105-115,
2105-120, and
2105-125 of the Department of Professional Regulation Law (20 ILCS
2105/2105-100, 2105/2105-105, 2105/2105-110, 2105/2105-115, 2105/2105-120, and
2105/2105-125).
(Source: P.A. 91-239, eff. 1-1-00.)
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(425 ILCS 30/21.01) (from Ch. 127 1/2, par. 121.01)
Sec. 21.01.
All final administrative decisions of the Office
hereunder shall be subject to judicial review pursuant to the provisions
of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted pursuant
thereto. The term "administrative decisions" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(425 ILCS 30/22) (from Ch. 127 1/2, par. 122)
Sec. 22.
The Office may adopt reasonable rules and regulations
relating to the enforcement of the provisions of this Act.
(Source: P.A. 80-147.)
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(425 ILCS 30/23) (from Ch. 127 1/2, par. 123)
Sec. 23.
Nothing in these regulations shall be construed as applying to the
transportation of any article or thing shipped in conformity with the
regulations prescribed by the Interstate Commerce Commission, nor as
applying to the military or naval forces of the United States, nor to the
duly authorized militia of the state, nor to the use of signals necessary
for the safe operation of railroads, steamboats, trucks, or aircraft.
(Source: Laws 1935, p. 881.)
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(425 ILCS 30/24) (from Ch. 127 1/2, par. 124)
Sec. 24.
The provisions of this Act shall not be construed or held to
abrogate or in any way affect the power of cities, villages, and
incorporated towns to regulate, restrain and prohibit the use of fireworks,
firecrackers, torpedoes, Roman candles, skyrockets and other pyrotechnic
displays within their corporate limits. The sections of this Act and every
part of such sections are hereby declared to be independent sections and
parts of sections, and the invalidity of any section or part thereof shall
not affect any other section or part of a section.
(Source: Laws 1935, p. 881.)
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(425 ILCS 30/25) (from Ch. 127 1/2, par. 125)
Sec. 25.
Whoever fails to comply with or violates any of the provisions
of the Act shall be guilty of a petty offense, and whoever, after receiving
written notice from the Office, or its authorized representative,
directing compliance with specified provisions of the Act fails to
comply with the provisions of the Act specified in said notice, shall be
guilty of a Class A misdemeanor.
(Source: P.A. 80-147.)
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(425 ILCS 30/26) (from Ch. 127 1/2, par. 126)
Sec. 26.
This Act shall take effect on the first day of August, Nineteen
Hundred and Thirty-five.
(Source: Laws 1935, p. 881.)
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