Public Act 094-0658
 		





SB1821 Enrolled
LRB094 09820 LJB 40076 b






    AN ACT concerning regulation. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Pyrotechnic Operator Licensing Act  is 
amended  by changing Section 5 as follows:
 



    (225 ILCS 227/5)


    Sec. 5. Definitions. In this Act:

    "Display fireworks" means any substance or article defined 
as a Division
1.3G explosive or special effects fireworks
1.4 
explosive by the United States Department of Transportation 
under
49 CFR 173.50, except a substance or article exempted 
under the Fireworks Use
Act.

    "Fireworks" has the meaning given to that term in the 
Fireworks Use Act.

    "Lead pyrotechnic operator" means the individual with 
overall
responsibility
for the safety, setup, discharge, and 
supervision of a pyrotechnic display.

    "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.

    "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.

(Source: P.A. 93-263, eff. 7-22-03.)


 
    Section 10. The Fireworks Use Act is amended  by changing 
Sections 1, 2, 4.1, and 5 and  by adding Sections 2.1, 2.2, and 
2.3 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 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 Operator Licensing Act.
    "Lead pyrotechnic operator" means an individual who is 
responsible for the safety, setup, and discharge of the 
pyrotechnic display and who is licensed pursuant to the 
Pyrotechnic Operator Licensing Act.
    "Person" means an individual, firm, corporation, 
association, partnership, company, consortium, joint venture, 
or commercial entity.

    "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 Operator Licensing Act.
    "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.
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, skyrockets, 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: provided, 
however, that the term "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, providing 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 hundredths grains 
of explosive mixture; the sale and use of which
shall be 
permitted at all times.

(Source: P.A. 83-474.)

 



    (425 ILCS 35/2)  (from Ch. 127 1/2, par. 128)



    Sec. 2. Possession, sale, and use of fireworks.
Except as 
hereinafter provided it shall be unlawful for any
person, firm, 
co-partnership, or corporation to knowingly possess, offer
for 
sale, expose
for sale, sell at retail, or use or explode any 
display fireworks, flame effects, or consumer fireworks; 
provided that
city councils in cities, the president and board 
of trustees in villages
and incorporated towns, and outside the 
corporate limits of cities,
villages and incorporated towns, 
the county board, shall have power to
adopt reasonable rules 
and regulations for the granting of permits for
pyrotechnic and 
consumer displays.
supervised public displays of fireworks. 
Every such display shall be
handled by a competent individual 
who is licensed as a lead pyrotechnic
operator. Application for 
permits shall be made in writing at
least 15 days in advance of 
the date of the display and action
shall be taken on such 
application within 48 hours after
such application is made. 
After such privilege shall have been granted,
sales, 
possession, use and distribution of fireworks for such display

shall be lawful for that purpose only. No permit granted 
hereunder shall
be transferable.

    Permits may be granted hereunder to any groups of 3 or more

adult individuals applying therefor. No permit shall be 
required, under
the provisions of this Act, for supervised 
public displays by State or
County fair associations.

    The governing body shall require proof of insurance from 
the
permit applicant in a sum not
less than $1,000,000 
conditioned on compliance with the
provisions of this law
and 
the regulations of the State Fire Marshal adopted hereunder, 
except
that no municipality shall be required to provide 
evidence of insurance.

    Such permit shall be issued only after inspection of the 
display site by
the issuing officer, to determine that such 
display
shall be in full compliance with the rules of the State 
Fire Marshal, which
shall be based upon nationally recognized 
standards such as those of the
National Fire Protection 
Association (NFPA) 1123 guidelines for outdoor
displays and 
NFPA 1126 guidelines for indoor displays and shall not be

hazardous
to property or endanger any person or persons.

Nothing in this Section shall prohibit the issuer of the permit 
from
adopting more stringent rules.

    All indoor pyrotechnic displays shall be conducted in 
buildings protected by
automatic sprinkler systems.

    The chief of the fire department providing fire
protection 
coverage to the area of display, or his or her designee, shall 
sign
the permit.

    Possession by any party holding a certificate of 
registration under "The
Fireworks Regulation Act of Illinois", 
filed July 20, 1935, or by any employee
or agent of such party 
or by any person transporting fireworks for such
party, shall 
not be a violation, provided such possession is within the

scope of business of the fireworks plant registered under that 
Act.

(Source: P.A. 93-263, eff. 7-22-03.)

 
    (425 ILCS 35/2.1  new)
    Sec. 2.1. Pyrotechnic displays. Each pyrotechnic display 
shall be
conducted by a licensed lead pyrotechnic operator. 
Applications for a pyrotechnic display permit shall be made in 
writing at
least 15 days in advance of the date of the 
pyrotechnic display, unless agreed to otherwise by the local 
jurisdiction issuing the permit and the fire chief of the 
jurisdiction in which the display will occur. After a permit 
has been granted,
sales, possession, use, and distribution of 
display fireworks for the display
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 his or her designee, has inspected the site and 
determined that the display can be performed in full compliance 
with the rules adopted by  the State Fire Marshal and that the 
display 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 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.
    Permits shall be signed by the chief of the fire department 
providing fire protection to the area of display, or his or her 
designee, and must identify the lead pyrotechnic operator.
 
    (425 ILCS 35/2.2  new)
    Sec. 2.2. Consumer displays. Each consumer display shall be 
handled by a competent individual who has received training 
from a consumer fireworks training class approved by the Office 
of the State Fire Marshal. Applications for consumer display 
permits shall be made in writing at least 15 days in advance of 
the date of the display, unless agreed to otherwise by the 
local jurisdiction issuing the permit and the fire chief of the 
jurisdiction in which the display will occur. After a permit 
has been granted, sales, possession, use, and distribution of 
consumer fireworks for display shall be lawful for that purpose 
only. No permit granted hereunder shall be transferable.
    Permits may be granted hereunder to any adult individual 
applying for a permit who provides proof that he or she has 
received the requisite training. The local jurisdiction 
issuing the permit is authorized to conduct a criminal 
background check of the applicant as a condition of issuing a 
permit.
    A permit shall be issued only after inspection of the 
display site by the fire chief providing fire protection 
coverage to the area of display, or his or her designee, to 
determine that the display is in full compliance with the rules 
adopted by the State Fire Marshal.  Nothing in this Section 
shall prohibit the issuer of a permit from adopting more 
stringent rules.
 
    (425 ILCS 35/2.3  new)
    Sec. 2.3. Consumer distributors and retailers. No person 
may act as a consumer distributor or retailer or advertise or 
use any title implying that the person is a consumer 
distributor or retailer unless registered with the Office of 
the State Fire Marshal.  No consumer fireworks may be 
distributed, sold, transferred, or provided free of charge to 
an individual who has not been issued a permit in accordance 
with Section 2.2 of this Act or has not registered with the 
Office of the State Fire Marshal in accordance with this 
Section. No person may sell to a single individual a quantity 
of consumer fireworks exceeding 499 pounds without prior 
approval by the Office of the State Fire Marshal.  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 
registered from distributing or selling consumer fireworks. 
Upon filing a verified petition in court, the court, if 
satisfied by affidavit, or otherwise, that the person is or has 
been distributing in violation of this Act, may enter a 
temporary restraining order or preliminary injunction, without 
bond, enjoining the defendant from further 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 unregistered activity if it is 
established that the defendant has been or is distributing 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.
 



    (425 ILCS 35/4.1)  (from Ch. 127 1/2, par. 130.1)


    Sec. 4.1. The State Fire Marshal may adopt necessary rules 
and regulations
for the administration of this Act which shall 
be based upon nationally recognized standards such as those of 
the
National Fire Protection Association (NFPA) 1123 
guidelines for outdoor
displays, NFPA 1126 guidelines for 
proximate audience displays, and NFPA 160 guidelines for flame 
effects. The State Fire Marshal is authorized to adopt rules 
that establish audience proximity distances for consumer 
display fireworks.

    The Office of the State Fire Marshal shall maintain a list 
of approved consumer fireworks and update the list annually or 
as new consumer fireworks items are submitted to the Office by 
consumer distributors.
    All applications, permits, and site inspection records 
shall be on forms approved by the State Fire Marshal.

(Source: P.A. 81-623.)


 



    (425 ILCS 35/5)  (from Ch. 127 1/2, par. 131)



    Sec. 5. (a) Any person, firm, co-partnership, or 
corporation violating
the provisions of this Act, except as 
provided in subsection b, shall
be guilty of a Class A
B

misdemeanor.

    (b) The possession, offering for sale, exposing for sale, 
or selling
at retail of fireworks in violation of this Act is:

        (1) a petty offense if involving up to 1 pound of 
fireworks, exclusive
of external packaging; or

        (2) a Class B misdemeanor if involving an amount 
greater than 1 pound
but up to 3 pounds of fireworks, exclusive 
of external packaging; or

        (3) a Class A misdemeanor if involving an amount 
greater than 3 pounds
of fireworks, exclusive of external 
packaging.

    "External packaging", for purposes of this subsection, 
shall mean any materials
which are not an integral part of the 
operative unit of fireworks.

(Source: P.A. 82-620.)