| ||||
Public Act 097-0164 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Pyrotechnic
Distributor and
Operator | ||||
Licensing Act is amended by changing Sections 5, 10, 35, 50, | ||||
57, 90, and 95 and by adding Section 12 as follows:
| ||||
(225 ILCS 227/5)
| ||||
Sec. 5. Definitions. In this Act:
| ||||
"1.3G fireworks" means fireworks that are used for | ||||
professional outdoor displays and classified as fireworks | ||||
UN0333, UN0334, or UN0335 by the United States Department of | ||||
Transportation under 49 C.F.R. 172.101. | ||||
"Assistant" means an individual supervised by a lead | ||||
pyrotechnic operator, who assists with the safety, setup, | ||||
discharge, and removal of a pyrotechnic display. | ||||
"BATFE" means the federal Bureau of Alcohol, Tobacco, | ||||
Firearms and Explosives. | ||||
"Consumer fireworks" means fireworks that must comply with | ||||
the construction, chemical composition, and labeling | ||||
regulations of the U.S. Consumer Products Safety Commission, as | ||||
set forth in 16 C.F.R. Parts 1500 and 1507, and classified as | ||||
fireworks UN0336 or UN0337 by the United States Department of | ||||
Transportation under 49 C.F.R. 172.101. "Consumer fireworks" |
does not include a substance or article exempted under the | ||
Pyrotechnic Use Act.
| ||
"Cover licensor" means any pyrotechnic distributor, | ||
licensed under subsection (c) of Section 35 of this Act, or | ||
production company, licensed under subsection (c-3) of Section | ||
35 of this Act, under whose pyrotechnic license a touring | ||
pyrotechnic company and its touring lead pyrotechnic operators | ||
and touring technicians provide pyrotechnic displays or | ||
pyrotechnic services, or both, in the State. | ||
"Cover licensor representative" means a licensed lead | ||
pyrotechnic operator, either employed by the cover licensor or | ||
insured as an additional named insured on the cover licensor's | ||
general liability and product liability insurance, as | ||
applicable, who is responsible for supervising the safety and | ||
regulatory compliance of the touring lead pyrotechnic | ||
operators and touring technicians during a pyrotechnic display | ||
or pyrotechnic service. | ||
"Display fireworks" means
1.3G explosive or special | ||
effects fireworks.
| ||
"Event employee" means an individual who works under the | ||
supervision of the lead pyrotechnic operator and who assists | ||
with the safety, setup, and removal of a pyrotechnic display, | ||
but does not handle live pyrotechnic materials or charged flame | ||
equipment. | ||
"Facility" means an area being used for the conducting of a | ||
pyrotechnic display business, but does not include residential |
premises except for the portion of any residential premises | ||
that is actually used in the conduct of a pyrotechnic display | ||
business.
| ||
"Flame effect" means the detonation, ignition, or | ||
deflagration of flammable gases, liquids, or special materials | ||
to produce a thermal, physical, visual, or audible effect | ||
before the public, invitees, or licensees, regardless of | ||
whether admission is charged in accordance with NFPA 160.
| ||
"Lead pyrotechnic operator" means the individual with | ||
overall
responsibility
for the safety, setup, discharge, and | ||
supervision of a pyrotechnic display or pyrotechnic service.
| ||
"Office" means Office of the State Fire Marshal.
| ||
"Person" means an individual, firm, corporation, | ||
association,
partnership,
company, consortium, joint venture, | ||
commercial entity, state,
municipality, or
political | ||
subdivision of a state or any agency, department, or
| ||
instrumentality of the
United States and any officer, agent, or | ||
employee of these entities.
| ||
"Production company" means any person in the film, digital | ||
and video media, television, commercial, music, or and | ||
theatrical stage industry who provides pyrotechnic services or | ||
pyrotechnic display services as part of a film, digital and | ||
video media, television, commercial, music, or theatrical | ||
production in the State of Illinois. | ||
"Pyrotechnic display" or "display" means the detonation, | ||
ignition, or
deflagration of display fireworks or flame effects
|
to produce a visual or audible effect of an
exhibitional nature | ||
before the public, invitees, or licensees, regardless of
| ||
whether admission is charged. | ||
"Pyrotechnic distributor" means any person who distributes | ||
display fireworks for sale in the State of Illinois or provides | ||
them as part of a pyrotechnic display service in the State of | ||
Illinois or provides only pyrotechnic services. | ||
"Pyrotechnic service" means the detonation, ignition, or | ||
deflagration of display fireworks, special effects, or flame | ||
effects to produce a visual or audible effect. | ||
"Special effects fireworks" means pyrotechnic devices used | ||
for special effects by professionals in the performing arts in | ||
conjunction with theatrical, musical, or other productions | ||
that are similar to consumer fireworks in chemical compositions | ||
and construction, but are not intended for consumer use and are | ||
not labeled as such or identified as "intended for indoor use". | ||
"Special effects fireworks" are classified as fireworks UN0431 | ||
or UN0432 by the United States Department of Transportation | ||
under 49 C.F.R. 172.101.
| ||
"Touring lead pyrotechnic operator" means an individual | ||
employed by a touring pyrotechnic company who has overall | ||
responsibility for the safety, setup, discharge, and | ||
supervision of a pyrotechnic display or pyrotechnic service. | ||
"Touring pyrotechnic company" means any person that | ||
performs pyrotechnic services or pyrotechnic displays in the | ||
State who lacks a license under subsections (c) or (c-3) of |
Section 35 of this Act. | ||
"Touring technician" means an individual employed by a | ||
touring pyrotechnic company who is at least 18 years of age, | ||
who is covered by his or her employer's workers' compensation, | ||
product liability, and general liability policies under | ||
Section 35 of this Act and who, under the supervision of the | ||
touring lead pyrotechnic operator, assists with the safety, | ||
setup, discharge, and removal of a pyrotechnical display. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
| ||
(225 ILCS 227/10)
| ||
Sec. 10. License; enforcement. No person may act as a | ||
pyrotechnic distributor, production company, or
lead | ||
pyrotechnic
operator, or advertise or use any title implying | ||
that the person is a pyrotechnic distributor, production | ||
company, or
lead
pyrotechnic operator, unless licensed by the | ||
Office under this Act. An
out-of-state person hired for or | ||
engaged in pyrotechnic services or a pyrotechnic display must | ||
be employed by a licensed
pyrotechnic distributor or licensed | ||
production company and hold a lead pyrotechnic operator license | ||
issued by the Office. No pyrotechnic services or pyrotechnic | ||
display shall be conducted without a
person licensed under this | ||
Act as a lead pyrotechnic operator supervising the pyrotechnic
| ||
display or pyrotechnic service . The State Fire Marshal, in the | ||
name of the People, through the
Attorney General, the State's | ||
Attorney of any county, any resident of the
State, or any legal |
entity within the State may apply for injunctive relief in
any | ||
court to enjoin any person who has not been issued a license or | ||
whose
license has been suspended, revoked, or not renewed, from | ||
practicing a licensed
activity. Upon filing a verified
petition | ||
in court, the court, if satisfied by affidavit, or otherwise, | ||
that the
person is or has been practicing in violation of this | ||
Act, may enter a
temporary restraining order or preliminary | ||
injunction, without bond, enjoining
the defendant from further | ||
unlicensed activity. A copy of the verified
complaint shall be | ||
served upon the defendant and the proceedings are to be
| ||
conducted as in other civil cases. The court may enter a | ||
judgment permanently
enjoining a defendant from further | ||
unlicensed activity if it is established
that the defendant has | ||
been or is practicing in violation of this Act. In case
of | ||
violation of any injunctive order or judgment entered under | ||
this Section,
the court may summarily try and punish the | ||
offender for contempt of court.
Injunctive proceedings are in | ||
addition to all penalties and other remedies in
this Act.
| ||
(Source: P.A. 96-708, eff. 8-25-09.)
| ||
(225 ILCS 227/12 new) | ||
Sec. 12. Cover license. | ||
(a) Prior to engaging in the setup, discharge, and | ||
supervision of a pyrotechnic display or pyrotechnic service in | ||
the State, all touring pyrotechnic companies shall associate | ||
themselves with a cover licensor in accordance with this |
Section. Such association shall be at the discretion of the | ||
cover licensor, and a touring pyrotechnic company shall not | ||
setup or discharge a pyrotechnic display or pyrotechnic service | ||
in the State without such association. | ||
(b) Prior to associating itself with a cover licensor in | ||
accordance with this Section, the touring pyrotechnic company | ||
shall send the cover licensor the following pre-permitting | ||
information a minimum of 20 business days before the event: | ||
(1) a pyrotechnic plan for the event that meets the | ||
specifications of the most current edition of NFPA 1126, | ||
Standard for the Use of Pyrotechnics Before a Proximate | ||
Audience, Sections 6.2 and 6.3 or NFPA 160, Standard for | ||
the Use of Flame Effects Before an Audience, Section 5.3, | ||
or both; | ||
(2) a Certificate of Insurance showing proof of not | ||
less than $1,000,000 in product liability insurance and | ||
$1,000,000 in general liability insurance that both covers | ||
the pyrotechnic display or pyrotechnic service provided | ||
and naming the cover licensor as an additional insured; the | ||
product and general liability insurance coverage shall be | ||
an occurrence-based policy, or its equivalent, and it shall | ||
cover all periods of time during which pyrotechnical | ||
materials, including flame effect materials, are in the | ||
insured's actual or constructive possession, including | ||
those times when the materials are being stored, | ||
transported, handled, used, discharged, and displayed; and |
(3) proof of Illinois workers' compensation insurance | ||
held by the touring pyrotechnic company for all periods of | ||
time during which the touring pyrotechnic company | ||
employees are engaged in employment-related activities in | ||
the State. | ||
(c) After confirming the sufficiency of the touring | ||
pyrotechnic company's pre-permitting information and agreeing | ||
to associate itself with the touring pyrotechnic company, the | ||
cover licensor shall be obligated to contact the Office of the | ||
State Fire Marshal and any authority having jurisdiction over | ||
the venue or location of the State-based pyrotechnic display or | ||
pyrotechnic service with the following information a minimum of | ||
15 days before the event: | ||
(1) a pyrotechnic plan for the event that meets the | ||
specifications of the most current edition of NFPA 1126, | ||
Standard for the Use of Pyrotechnics Before a Proximate | ||
Audience, Sections 6.2 and 6.3 or NFPA 160, Standard for | ||
the Use of Flame Effects Before an Audience, Section 5.3, | ||
or both; | ||
(2) the cover licensor's own Certificate of Insurance | ||
showing proof of the necessary insurance coverage as | ||
provided in Section 35 of this Act that covers the | ||
pyrotechnic service or pyrotechnic display provided and | ||
names the touring pyrotechnic company as an additional | ||
insured and proof of Illinois workers' compensation | ||
insurance; |
(3) the touring pyrotechnic company's Certificate of | ||
Insurance showing proof of not less than $1,000,000 in | ||
product liability insurance and $1,000,000 in general | ||
liability insurance that covers the pyrotechnic service or | ||
pyrotechnic display, provided that each of which names the | ||
cover licensor as an additional insured; | ||
(4) the touring pyrotechnic company's proof of | ||
Illinois workers' compensation insurance for all periods | ||
of time during which the touring pyrotechnic company | ||
employees are engaged in employment-related activities in | ||
the State; and | ||
(5) the touring pyrotechnic company's contact | ||
information. | ||
(d) Questions or concerns raised by either the Office of | ||
the State Fire Marshal or the authority having jurisdiction | ||
regarding the information submitted by the touring pyrotechnic | ||
company shall be directed to, and resolved by, the touring | ||
pyrotechnic company prior to the event. | ||
(e) The cover licensor representative shall be present | ||
during, and shall personally supervise, all phases of the | ||
pyrotechnic display or pyrotechnic service subject to the cover | ||
license. The cover licensor representative shall personally | ||
supervise all touring lead pyrotechnic operators, touring | ||
technicians, assistants, and event employees. | ||
(f) Representatives of the Office of the State Fire | ||
Marshal, the authority having jurisdiction, and the cover |
licensor representative each possess the authority to halt any | ||
pyrotechnic display or pyrotechnic service governed by the | ||
cover license should questions arise about failures to follow | ||
industry standards and safety guidelines, including the most | ||
current edition of NFPA 1126, Standard for the Use of | ||
Pyrotechnics Before a Proximate Audience, and NFPA 160, | ||
Standard for the Use of Flame Effects Before an Audience. | ||
Pyrotechnic displays and pyrotechnic services halted due to | ||
safety concerns shall resume only with the express written | ||
approval of both the cover licensor representative and the | ||
authority having jurisdiction.
| ||
(225 ILCS 227/35)
| ||
Sec. 35. Licensure requirements and fees.
| ||
(a) Each application for a license to practice under this | ||
Act shall be in
writing and signed by the applicant on forms | ||
provided by the Office.
| ||
(b) After January 1, 2006, all pyrotechnic displays and | ||
pyrotechnic services , both indoor and
outdoor, must comply with | ||
the requirements set forth in this Act.
| ||
(c) After January 1, 2006, no person may engage in | ||
pyrotechnic distribution without first applying for and | ||
obtaining a license from the Office. Applicants for a license | ||
must submit to the Office the following: | ||
(1) A current BATFE license for the type of pyrotechnic | ||
service or pyrotechnic display service provided. |
(2) Proof of $1,000,000 in product liability | ||
insurance. | ||
(3) Proof of $1,000,000 in general liability insurance | ||
that covers the pyrotechnic display service or pyrotechnic | ||
service provided. | ||
(4) Proof of Illinois Workers' Compensation Insurance. | ||
(5) A license fee set by the Office. | ||
(6) Proof of a current United States Department of | ||
Transportation (DOT) Identification Number. | ||
(7) Proof of a current USDOT Hazardous Materials | ||
Registration Number. | ||
(8) Proof of having the requisite knowledge, either | ||
through training, examination, or
continuing education, as | ||
established by Office rule. | ||
(c-3) After January 1, 2010, no production company may | ||
provide pyrotechnic displays display services or pyrotechnic | ||
services as part of any production without either (i) obtaining | ||
a production company license from the Office under which all | ||
pyrotechnic displays display services and pyrotechnic services | ||
are performed by a licensed lead pyrotechnic operator or (ii) | ||
hiring a pyrotechnic distributor licensed in accordance with | ||
this Act to perform the pyrotechnic displays display services | ||
or pyrotechnic services. Applicants for a production company | ||
license must submit to the Office the following: | ||
(1) Proof of $2,000,000 in commercial general | ||
liability insurance that covers any damage or injury |
resulting from the pyrotechnic displays display services | ||
or pyrotechnic services provided. | ||
(2) Proof of Illinois Worker's Compensation insurance. | ||
(3) A license fee set by the Office. | ||
(4) Proof of a current USDOT Identification Number, | ||
unless : proof of such is provided by the employed lead | ||
pyrotechnic operator. | ||
(A) proof of such is provided by the lead | ||
pyrotechnic operator employed by the production | ||
company or insured as an additional named insured on | ||
the production company's general liability insurance, | ||
as required under paragraph (1) of this subsection; or | ||
(B) the production company certifies under penalty | ||
of perjury that it engages only in flame effects or | ||
never transports materials in quantities that require | ||
registration with USDOT, or both. | ||
(5) Proof of a current USDOT Hazardous Materials | ||
Registration Number, unless : proof of such is provided by | ||
the employed lead pyrotechnic operator. | ||
(A) proof of such is provided by the lead pyrotechnic | ||
operator employed by the production company or insured as | ||
an additional named insured on the production company's | ||
general liability insurance, as required under paragraph | ||
(1) of this subsection; or | ||
(B) the production company certifies under penalty of | ||
perjury that it engages only in flame effects or never |
transports materials in quantities that require | ||
registration with USDOT, or both. | ||
(6) Identification of the licensed lead pyrotechnic | ||
operator being employed by the production company or | ||
insured as an additional named insured on the production | ||
company's general liability insurance, as required under | ||
paragraph (1) of this subsection . | ||
The insurer shall not cancel the insured's coverage or | ||
remove any additional named insured or an additional insured | ||
from the policy coverage without notifying the Office in | ||
writing at least 15 days before cancellation. | ||
(c-5) After January 1, 2006, no individual may act as a | ||
lead operator in a
pyrotechnic display without first applying | ||
for and obtaining a lead pyrotechnic
operator's
license from | ||
the Office. The Office shall establish separate licenses for
| ||
lead pyrotechnic
operators for indoor and outdoor pyrotechnic | ||
displays. Applicants for a
license must:
| ||
(1) Pay the fees set by the Office.
| ||
(2) Have the requisite training or continuing | ||
education as
established
in the Office's rules.
| ||
(3) (Blank).
| ||
(d) A person is qualified to receive a license under this | ||
Act if
the person
meets all of the following minimum | ||
requirements:
| ||
(1) Is at least 21 years of age.
| ||
(2) Has not willfully violated any provisions of this |
Act.
| ||
(3) Has not made any material misstatement or knowingly | ||
withheld
information in connection with any original or | ||
renewal application.
| ||
(4) Has not been declared incompetent by any competent | ||
court by
reasons of mental or physical defect or disease | ||
unless a court has since
declared
the person competent.
| ||
(5) Does not have an addiction to or dependency on | ||
alcohol or drugs that
is likely to endanger the public at a | ||
pyrotechnic display.
| ||
(6) Has not been convicted in any jurisdiction of any | ||
felony within the
prior 5 years.
| ||
(7) Is not a fugitive from justice. | ||
(8) Has, or has applied for, a BATFE explosives license | ||
or a Letter of Clearance from the BATFE.
| ||
(9) If a lead pyrotechnic operator is employed by a | ||
political subdivision of the State or by a licensed | ||
production company , or is insured as an additional named | ||
insured on the production company's general liability | ||
insurance, as required under paragraph (1) of subsection | ||
(c-3) of this Section, he or she shall have a BATFE license | ||
for the pyrotechnic services or pyrotechnic display | ||
services provided.
| ||
(10) If a production company has not provided proof of | ||
a current USDOT Identification Number and a current USDOT | ||
Hazardous Materials Registration Number, as required by |
paragraphs (5) and (6) of subsection (c-3) of this Section, | ||
then the lead pyrotechnic operator employed by the | ||
production company or insured as an additional named | ||
insured on the production company's general liability | ||
insurance, as required under paragraph (1) of subsection | ||
(c-3) of this Section, which it employs shall provide such | ||
proof to the Office. | ||
(e) A person is qualified to assist a lead pyrotechnic | ||
operator if the person meets
all of the
following minimum | ||
requirements:
| ||
(1) Is at least 18 years of age.
| ||
(2) Has not willfully violated any provision of this | ||
Act.
| ||
(3) Has not been declared incompetent by any competent | ||
court by reasons
of mental or physical defect or disease | ||
unless a court has since declared the
person
competent.
| ||
(4) Does not have an addiction to or dependency on | ||
alcohol or drugs that
is likely to endanger the public at a | ||
pyrotechnic display.
| ||
(5) Has not been convicted in any jurisdiction of any | ||
felony within the
prior 5 years.
| ||
(6) Is not a fugitive from justice.
| ||
(7) Is employed as an employee of the licensed | ||
pyrotechnic distributor or the licensed production | ||
company , or insured as an additional named insured on the | ||
pyrotechnic distributor's product liability and general |
liability insurance, as required under paragraphs (2) and | ||
(3) of subsection (c) of this Section, or insured as an | ||
additional named insured on the production company's | ||
general liability insurance, as required under paragraph | ||
(1) of subsection (c-3) of this Section . | ||
(8) Has been registered with the Office by the licensed | ||
distributor or the licensed production company on a form | ||
provided by the Office prior to the time when the assistant | ||
begins work as an employee on the pyrotechnic display or | ||
pyrotechnic service. | ||
(Source: P.A. 96-708, eff. 8-25-09.)
| ||
(225 ILCS 227/50)
| ||
Sec. 50. Issuance of license; renewal; fees nonrefundable.
| ||
(a) The Office, upon the applicant's satisfactory | ||
completion of
the
requirements imposed under this Act and upon | ||
receipt of the requisite
fees, shall
issue the appropriate | ||
license showing the name, address, and photograph of
the
| ||
licensee and the dates of issuance and expiration. The license | ||
shall include the name of the pyrotechnic distributor or | ||
production company employing the lead pyrotechnic operator or | ||
insuring the lead pyrotechnic operator as an additional named | ||
insured on the pyrotechnic distributor's product liability and | ||
general liability insurance, as required under paragraphs (2) | ||
and (3) of subsection (c) of Section 35, or insuring the lead | ||
pyrotechnic operator as an additional named insured on the |
production company's general liability insurance, as required | ||
under paragraph (1) of subsection (c-3) of Section 35 . A lead | ||
pyrotechnic operator is required to have a separate license for | ||
each pyrotechnic distributor or production company who employs | ||
the lead pyrotechnic operator or insures the lead pyrotechnic | ||
operator as an additional named insured on the pyrotechnic | ||
distributor's product liability and general liability | ||
insurance, as required under paragraphs (2) and (3) of | ||
subsection (c) of Section 35, or insures the lead pyrotechnic | ||
operator as an additional named insured on the production | ||
company's general liability insurance, as required under | ||
paragraph (1) of subsection (c-3) of Section 35 .
| ||
(b) Each licensee may apply for renewal of his or her | ||
license upon
payment of the applicable
fees. The expiration | ||
date and renewal period for each
license
issued under this Act | ||
shall be set by rule. Failure to renew within 60 days of
the | ||
expiration date
results in lapse of the license. A lapsed | ||
license may not be reinstated until a
written
application is | ||
filed, the renewal fee is paid, and the reinstatement fee
| ||
established by the
Office is paid. Renewal and reinstatement | ||
fees shall be waived for persons
who did not
renew while on | ||
active duty in the military and who file for renewal or
| ||
restoration
within one year after discharge from the service. A | ||
lapsed license may not
be
reinstated after 5 years have elapsed | ||
except upon passing an examination to
determine
fitness to have | ||
the license restored and by paying the required fees.
|
(c) All fees paid under this Act are nonrefundable.
| ||
(d) A production company licensed under this Act shall pay | ||
all applicable licensing fees for each lead pyrotechnic | ||
operator it employs or insures as an additional named insured | ||
on the production company's general liability insurance, as | ||
required under paragraph (1) of subsection (c-3) of Section 35 . | ||
(Source: P.A. 96-708, eff. 8-25-09.)
| ||
(225 ILCS 227/57)
| ||
Sec. 57. Training; additional lead pyrotechnic operators. | ||
No pyrotechnic distributor or production company shall allow | ||
any person in the pyrotechnic distributor's or production | ||
company's employ to act as a lead pyrotechnic operator until | ||
the person has obtained a lead pyrotechnic operator's license | ||
from the Office. Nothing in this Section shall prevent an | ||
assistant from acting as a lead pyrotechnic operator under the | ||
direct supervision of a licensed lead pyrotechnic operator for | ||
training purposes.
| ||
(Source: P.A. 96-708, eff. 8-25-09.)
| ||
(225 ILCS 227/90)
| ||
Sec. 90. Penalties. Any natural person who violates any of | ||
the
following
provisions is guilty of a Class A misdemeanor for | ||
the first offense and a
corporation
or other entity that | ||
violates any of the following provisions provision commits a | ||
business
offense
punishable by a fine not to exceed $5,000; a |
second or subsequent offense in
violation of
any Section of | ||
this Act, including this Section, is a Class 4 felony if
| ||
committed by a
natural person, or a business offense punishable | ||
by a fine of up to
$10,000 if
committed by a corporation or | ||
other business entity:
| ||
(1) Practicing or attempting to practice as a | ||
pyrotechnic distributor or production company, or
lead | ||
pyrotechnic
operator
without a license;
| ||
(2) Obtaining or attempting to obtain a license, | ||
practice or
business, or
any other thing of value by | ||
fraudulent representation;
| ||
(3) Permitting, directing, or authorizing any person | ||
in one's
employ
or under one's direction or supervision to | ||
work or serve as a
licensee if that
individual does not | ||
possess an appropriate valid license.
| ||
Whenever any person is punished as a repeat offender under | ||
this
Section, the
Office may proceed to obtain a permanent | ||
injunction against the person under
Section
10. If any person | ||
in making any oath or affidavit required by this Act swears
| ||
falsely,
the person is guilty of perjury and upon conviction | ||
may be punished
accordingly.
| ||
(Source: P.A. 96-708, eff. 8-25-09.)
| ||
(225 ILCS 227/95)
| ||
Sec. 95. Display Reports. A lead pyrotechnic operator | ||
shall file an Illinois Display Report, which shall include the |
names and signatures of all lead pyrotechnic operators and | ||
assistants participating in the pyrotechnic display or | ||
pyrotechnic service and the name, department, and signature of | ||
the fire protection jurisdiction, with the Office within 30 | ||
days following any pyrotechnic display or pyrotechnic service. | ||
The fire protection jurisdiction shall sign the Ilinois Display | ||
Report if the information therein is true and correct.
| ||
(Source: P.A. 96-708, eff. 8-25-09.) | ||
Section 10. The Pyrotechnic Use Act is amended by changing | ||
Sections 1 and 2.1 as follows:
| ||
(425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
| ||
Sec. 1. Definitions. As used in this Act, the following | ||
words shall have the following meanings: | ||
"1.3G fireworks" means those fireworks used for | ||
professional outdoor displays and classified as fireworks | ||
UN0333, UN0334, or UN0335 by the United States Department of | ||
Transportation under 49 C.F.R. 172.101. | ||
"Consumer distributor" means any person who distributes, | ||
offers for sale, sells, or exchanges for consideration consumer | ||
fireworks in Illinois to another distributor or directly to any | ||
retailer or person for resale. | ||
"Consumer fireworks" means those fireworks that must | ||
comply with the construction, chemical composition, and | ||
labeling regulations of the U.S. Consumer Products Safety |
Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | ||
classified as fireworks UN0336 or UN0337 by the United States | ||
Department of Transportation under 49 C.F.R. 172.101. | ||
"Consumer fireworks"
shall not include snake or glow worm | ||
pellets; smoke devices; trick noisemakers
known as "party | ||
poppers", "booby traps", "snappers", "trick matches", | ||
"cigarette
loads", and "auto burglar alarms"; sparklers; 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 that contain less than
twenty hundredths grains of | ||
explosive mixture; the sale and use of which
shall be permitted | ||
at all times. | ||
"Consumer fireworks display" or "consumer display" means | ||
the detonation, ignition, or deflagration of consumer | ||
fireworks to produce a visual or audible effect. | ||
"Consumer operator" means an adult individual who is | ||
responsible for the safety, setup, and discharge of the | ||
consumer fireworks display and who has completed the training | ||
required in Section 2.2 of this Act. | ||
"Consumer retailer" means any person who offers for sale, | ||
sells, or exchanges for consideration consumer fireworks in | ||
Illinois directly to any person with a consumer display permit. | ||
"Display fireworks" means 1.3G or special effects |
fireworks or as further defined in the Pyrotechnic Distributor | ||
and Operator Licensing Act. | ||
"Flame effect" means the detonation, ignition, or | ||
deflagration of flammable gases, liquids, or special materials | ||
to produce a thermal, physical, visual, or audible effect | ||
before the public, invitees, or licensees, regardless of | ||
whether admission is charged, in accordance with National Fire | ||
Protection Association 160 guidelines, and as may be further | ||
defined in the Pyrotechnic Distributor and Operator Licensing | ||
Act. | ||
"Lead pyrotechnic operator" means an individual who is | ||
responsible for the safety, setup, and discharge of the | ||
pyrotechnic display or pyrotechnic service and who is licensed | ||
pursuant to the Pyrotechnic Distributor and Operator Licensing | ||
Act. | ||
"Person" means an individual, firm, corporation, | ||
association, partnership, company, consortium, joint venture, | ||
commercial entity, state, municipality, or political | ||
subdivision of a state or any agency, department, or | ||
instrumentality of the United States and any officer, agent, or | ||
employee of these entities.
| ||
"Production company" means any person in the film, digital | ||
and video media, television, commercial, music, or and | ||
theatrical stage industry who provides pyrotechnic services or | ||
pyrotechnic display services as part of a film, digital and | ||
video media, television, commercial, music, or theatrical |
production in the State of Illinois and is licensed by the | ||
Office pursuant to the Pyrotechnic Distributor and Operator | ||
Licensing Act. | ||
"Pyrotechnic display" means the detonation, ignition, or | ||
deflagration of display fireworks or flame effects to produce | ||
visual or audible effects of a exhibitional nature before the | ||
public, invitees, or licensees, regardless of whether | ||
admission is charged, and as may be further defined in the | ||
Pyrotechnic Distributor and Operator Licensing Act. | ||
"Pyrotechnic distributor" means any person who distributes | ||
display fireworks for sale in the State of Illinois or provides | ||
them as part of a pyrotechnic display service in the State of | ||
Illinois or provides only pyrotechnic services and is licensed | ||
by the Office pursuant to the Pyrotechnic Distributor and | ||
Operator Licensing Act. | ||
"Pyrotechnic service" means the detonation, ignition or | ||
deflagration of display fireworks, special effects or flame | ||
effects to produce a visual or audible effect. | ||
"Special effects fireworks" means pyrotechnic devices used | ||
for special effects by professionals in the performing arts in | ||
conjunction with theatrical, musical, or other productions
| ||
that are similar to consumer fireworks in chemical compositions
| ||
and construction, but are not intended for consumer use and are
| ||
not labeled as such or identified as "intended for indoor use".
| ||
"Special effects fireworks" are classified as fireworks UN0431
| ||
or UN0432 by the United States Department of Transportation
|
under 49 C.F.R. 172.101.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
| ||
(425 ILCS 35/2.1) | ||
Sec. 2.1. Pyrotechnic displays or pyrotechnic service. | ||
Each pyrotechnic display or pyrotechnic service shall be
| ||
conducted by a licensed lead pyrotechnic operator employed by a | ||
licensed pyrotechnic distributor or a licensed production | ||
company , or insured as an additional named insured on the | ||
pyrotechnic distributor's product liability and general | ||
liability insurance, as required under paragraphs 2 and 3 of | ||
subsection (c) of Section 35 of the Pyrotechnic Distribution | ||
and Operating Licensing Act, or insured as an additional named | ||
insured on the production company's general liability | ||
insurance, as required under paragraph (1) of subsection (c-3) | ||
of Section 35 of the Pyrotechnic Distribution and Operating | ||
Licensing Act . Applications for a pyrotechnic display permit | ||
shall be made in writing at
least 15 days in advance of the | ||
date of the pyrotechnic display or pyrotechnic service, unless | ||
agreed to otherwise by the local jurisdiction issuing the | ||
permit and the fire chief of the jurisdiction in which the | ||
display or pyrotechnic service will occur. After a permit has | ||
been granted,
sales, possession, use, and distribution of | ||
display fireworks for the display
or pyrotechnic service shall | ||
be lawful for that purpose only. No permit granted hereunder | ||
shall
be transferable. |
Pyrotechnic display permits may be granted hereunder to any | ||
adult individual applying therefor. No permit shall be required | ||
under
the provisions of this Act for supervised public displays | ||
by State or
County fair associations. | ||
The applicant seeking the pyrotechnic display permit must | ||
provide proof of liability insurance in a sum not less than | ||
$1,000,000 to the local governmental entity issuing the permit.
| ||
A permit shall be issued only after the chief of the fire | ||
department providing fire protection coverage to the area of | ||
display or pyrotechnic service, or his or her designee, has | ||
inspected the site and determined that the display or | ||
pyrotechnic service can be performed in full compliance with | ||
the rules adopted by the State Fire Marshal and that the | ||
display or pyrotechnic service shall not be hazardous to | ||
property or endanger any person or persons.
Nothing in this | ||
Section shall prohibit the issuer of a permit from
adopting | ||
more stringent rules. | ||
All indoor pyrotechnic displays and pyrotechnic services | ||
shall be conducted in buildings protected by
automatic | ||
sprinkler systems and meeting the requirements of rules adopted | ||
by the State Fire Marshal pursuant to this Act. At the time an | ||
individual applies for an indoor pyrotechnic display permit | ||
from the local jurisdiction, written notice of the permit | ||
application and the indoor display or pyrotechnic service | ||
information shall be made in writing at least 15 days in | ||
advance of the date of the pyrotechnic display or pyrotechnic |
service to the Office, unless agreed to otherwise by the | ||
Office. | ||
Permits shall be signed by the chief of the fire department | ||
providing fire protection to the area of display or pyrotechnic | ||
service, or his or her designee, and must identify the licensed | ||
pyrotechnic distributor or licensed production company and the | ||
lead pyrotechnic operator.
| ||
(Source: P.A. 96-708, eff. 8-25-09.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2012.
|