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91_HB0112eng HB0112 Engrossed LRB9100789BBdv 1 AN ACT in relation to fireworks. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Fireworks Displayer Licensing Act. 6 Section 5. Definitions. In this Act: 7 "Office" means Office of the State Fire Marshal. 8 "Pyrotechnic displayer" means any person, company, 9 association, group of persons, or corporation that ignites or 10 otherwise causes display or consumer fireworks to be 11 detonated, ignited, or deflagrated to produce a visual or 12 audible effect of an exhibitional nature before the public, 13 invitees, or licensees, regardless of whether an admission is 14 charged. 15 "Division 1.3G (Class B) and 1.4G (Class C) explosives" 16 means any substance or article defined as a Division 1.3G or 17 1.4G explosive by the United States Department of 18 Transportation under 49 CFR 173.50. 19 "Pyrotechnic distributor" means any person, company, 20 association, group of persons, or corporation who distributes 21 fireworks for sale in the State of Illinois. 22 "Lead pyrotechnic operator" or "pyrotechnic operator" 23 means the individual with overall responsibility for the 24 safety, setup and discharge of a fireworks or pyrotechnic 25 display. 26 "Fireworks" means a composition or device for the purpose 27 of producing a visible or an audible effect by combustion, 28 deflagration, or detonation and includes blank cartridges, 29 toy cannons in which explosives are used, the type of 30 balloons that require fire underneath to propel the same, 31 firecrackers, torpedoes, skyrockets, Roman candles, bombs, or HB0112 Engrossed -2- LRB9100789BBdv 1 other fireworks of like construction and any fireworks 2 containing any explosive compound, or any tablets or other 3 device containing any explosive substance, or containing 4 combustible substances producing visual effects; however, 5 "fireworks" does not include snake or glow worm pellets; 6 smoke devices; trick noisemakers known as "party poppers", 7 "booby traps", "snappers", "trick matches", "cigarette loads" 8 and "auto burglar alarms"; sparklers; toy pistols, toy canes, 9 toy guns, or other devices in which paper or plastic caps 10 containing twenty-five hundredths of a grain or less of 11 explosive compound are used, providing they are so 12 constructed that the hand cannot come in contact with the cap 13 when in place for the explosion; and toy pistol paper or 14 plastic caps that contain less than twenty hundredths of a 15 grain of explosive mixture. "Fireworks" includes Division 16 1.3G or 1.4G explosives. 17 "Person" means an individual, firm, corporation, 18 association, partnership, company, consortium, joint venture, 19 commercial entity, State, municipality, or political 20 subdivision of a State or any agency, department, or 21 instrumentality of the United States and any officer, agent, 22 or employee of these entities. 23 Section 10. License; enforcement; failure to pay tax. No 24 person may act as a public fireworks displayer, or advertise 25 or use any title implying that the person is engaged in the 26 practice or occupation of display of fireworks, unless 27 licensed by the Office under this Act. No firm, association, 28 or corporation may act as an agency licensed under this Act, 29 or advertise or use any title implying that it is engaged in 30 the practice of display of fireworks, unless licensed by the 31 Office under this Act. The State Fire Marshal, in the name of 32 the People, through the Attorney General, the State's 33 Attorney of any county, any resident of the State, or any HB0112 Engrossed -3- LRB9100789BBdv 1 legal entity within the State may apply for injunctive relief 2 in any court to enjoin any person who has not been issued a 3 license or whose license has been suspended, revoked, or not 4 renewed, from practicing a licensed activity. Upon filing a 5 verified petition in court, the court, if satisfied by 6 affidavit, or otherwise, that the person is or has been 7 practicing in violation of this Act, may enter a temporary 8 restraining order or preliminary injunction, without bond, 9 enjoining the defendant from further unlicensed activity. A 10 copy of the verified complaint shall be served upon the 11 defendant and the proceedings are to be conducted as in other 12 civil cases. The court may enter a judgment permanently 13 enjoining a defendant from further unlicensed activity if it 14 is established that the defendant has been or is practicing 15 in violation of this Act. In case of violation of any 16 injunctive order or judgment entered under this Section, the 17 court may summarily try and punish the offender for contempt 18 of court. Injunctive proceedings are in addition to all 19 penalties and other remedies in this Act. 20 Section 15. Deposit of fees. All fees collected under 21 this Act shall be deposited into the Fire Prevention Fund. 22 Section 30. Rules. The State Fire Marshal shall adopt 23 all rules necessary to carry out its responsibilities under 24 this Act including rules requiring the training, examination, 25 and licensing of pyrotechnic operators engaging in or 26 responsible for the handling and use of Division 1.3G (Class 27 B) and 1.4G (Class C) explosives. The test shall incorporate 28 the rules and regulations of the State Fire Marshal, which 29 shall be based upon nationally recognized standards such as 30 National Fire Protection Association (NFPA) 1123 guidelines 31 for outdoor displays and NFPA 1126 for indoor displays. HB0112 Engrossed -4- LRB9100789BBdv 1 Section 35. Licensure requirements and fees. Application 2 for license. Each application for a license to practice under 3 this Act shall be in writing and signed by the applicant on 4 forms provided by the Office. 5 (a) After December 1, 1999, no person may engage in 6 pyrotechnic display without first applying for and obtaining 7 a license from the Office. Applicants for a license must 8 submit to the Office the following: 9 (1) It must have a current Division 1.3G (Class B) 10 Bureau of Alcohol, Tobacco and Firearms (BATF) license. 11 (2) It must show proof of general liability 12 insurance in an amount not less than $2,000,000. 13 (3) It must show proof of workers' compensation 14 insurance for personnel lighting the fireworks. 15 (4) Fees as established by the Office. 16 (5) Evidence of registration as an Illinois 17 corporation or evidence of compliance with the Assumed 18 Business Name Act if applicable. 19 (6) Evidence of compliance with the qualifications 20 and standards established by the Office. 21 (7) If the fireworks or pyrotechnic display is to 22 be fired from a flotation device on water, the following 23 additional guidelines must be met: 24 (A) The display must be executed by manual 25 electronic firing or computer electric firing. 26 (B) Each pyrotechnic operator must wear a life 27 jacket or vest at all times while on the flotation 28 device. 29 (b) After July 1, 2000, no person may engage in 30 pyrotechnic distribution without first applying for and 31 obtaining a license from the Office. Each properly licensed 32 distributor may sell to anyone within the State of Illinois 33 who presents a current BATF license or user permit and a 34 local fireworks display permit from the local authority HB0112 Engrossed -5- LRB9100789BBdv 1 having jurisdiction. Applicants for a license must submit to 2 the Office the following: 3 (1) It must have a current BATF license for 1.3G 4 (Class B) and 1.4G (Class C) Display Fireworks. 5 (2) It must show proof of $1,000,000 in product 6 liability insurance. 7 (3) Fees as established by the Office. 8 (4) Evidence of registration as an Illinois 9 corporation or evidence of compliance with the Assumed 10 Business Name Act. 11 (5) Evidence of compliance with the qualifications 12 and standards established by the Office including having 13 a licensed pyrotechnic operator for such displays. 14 (c) After July 1, 2000, no individual may act as a lead 15 operator in a pyrotechnics display without first applying for 16 and obtaining a pyrotechnic operator's license from the 17 Office. Applicants for a license must submit to the Office 18 the following: 19 (1) The fees set by the Office. 20 (2) Have the requisite training or continuing 21 education as established in the Office's rules. 22 (3) Pass the examination of the Office. 23 (d) After July 1, 2000, no individual may assist a lead 24 pyrotechnic operator in conducting a pyrotechnic display 25 without having been certified to do so. To obtain such 26 certification, an individual must successfully complete a 27 State Fire Marshal approved in-house training program with a 28 licensed displayer. This certification shall be kept on file 29 with the Office of the State Fire Marshal. 30 Section 50. Issuance of license; renewal; fees 31 nonrefundable. 32 (a) The Office, upon the applicant's satisfactory 33 completion of the requirements authorized under this Act and HB0112 Engrossed -6- LRB9100789BBdv 1 upon receipt of the requisite fees, shall issue the 2 appropriate license showing the name and business location of 3 the licensee, the dates of issuance, and expiration. 4 (b) Each licensee may apply for renewal of his or her 5 license upon payment of fees, as set forth in this Act. The 6 expiration date and renewal period for each license issued 7 under this Act shall be set by rule. Failure to renew within 8 60 days of the date results in lapse of the license. A lapsed 9 license may not be reinstated until a written application is 10 filed, the renewal fee is paid, and the reinstatement fee 11 established by the Office is paid. Renewal and reinstatement 12 fees shall be waived for persons who did not renew while on 13 active duty in the military and who file for renewal or 14 restoration within one year after discharge from the service. 15 A lapsed license may not be reinstated after 5 years have 16 elapsed except upon passing an examination to determine 17 fitness to have the license restored and by paying the 18 required fees. 19 (c) All fees paid under this Act are nonrefundable. 20 Section 55. Insufficient funds checks. Any person who on 21 2 occasions issues or delivers a check or other order to the 22 Office that is not honored by the financial institution upon 23 which it is drawn because of insufficient funds on account 24 shall pay to the Office, in addition to the amount owing upon 25 the check or other order, a fee of $50. If the check or other 26 order was issued or delivered in payment of a renewal fee and 27 the licensee whose license has lapsed continues to practice 28 without paying the renewal fee and the $50 fee required under 29 this Section, an additional fee of $100 is imposed for 30 practicing without a current license. The Office may revoke 31 or refuse to issue the license or licenses of any person who 32 fails to pay the requisite fees. HB0112 Engrossed -7- LRB9100789BBdv 1 Section 60. Conditions of renewal; change of address; 2 duplicate license; inspection. 3 (a) As a condition of renewal of a license, the Office 4 may require the licensee to report information pertaining to 5 his or her practice which the Office determines to be in the 6 interest of public safety. 7 (b) A licensee shall report a change in home or office 8 address within 10 days of the change. 9 (c) Each licensee shall prominently display his or her 10 license to practice at each place from which the practice is 11 being performed. If more than one location is used, branch 12 office certificates shall be issued upon payment of a fee to 13 be established by the Office. 14 (d) If a license or certificate is lost, a duplicate 15 shall be issued upon payment of the required fee to be 16 established by the Office. If a licensee wishes to change his 17 or her name, the Office shall issue a license in the new name 18 upon satisfactory proof that the change of name was done in 19 accordance with law and upon payment of the required fee. 20 (e) Each licensee shall permit his or her facilities to 21 be inspected by representatives of the Office. 22 Section 65. Grounds for discipline. Licensees subject to 23 this Act shall conduct their practice in accordance with this 24 Act and the rules promulgated under this Act. Licensees are 25 subject to disciplinary sanctions enumerated in this Act if 26 the State Fire Marshal finds that a licensee is guilty of any 27 of the following: 28 (1) Fraud or material deception in obtaining or renewing 29 a license. 30 (2) Engaging in dishonorable, unethical, or 31 unprofessional conduct of a character likely to deceive, 32 defraud, or harm the public in the course of professional 33 services or activities. HB0112 Engrossed -8- LRB9100789BBdv 1 (3) Conviction of any crime that has a substantial 2 relationship to his or her practice or an essential element 3 of which is misstatement, fraud, dishonesty, or conviction in 4 this or another state of any crime that is a felony under the 5 laws of Illinois or conviction of a felony in a federal 6 court, unless the licensee demonstrates that he or she has 7 been sufficiently rehabilitated to warrant the public trust. 8 (4) Performing any service in a grossly negligent manner 9 or permitting any licensed employee to perform a service in a 10 grossly negligent manner, regardless of whether actual damage 11 or damages to the public is established. 12 (5) Habitual drunkenness or habitual addiction to the 13 use of morphine, cocaine, controlled substances, or other 14 habit-forming drugs. 15 (6) Directly or indirectly willfully receiving 16 compensation for any professional service not actually 17 rendered. 18 (7) Having disciplinary action taken against his or her 19 license in another state. 20 (8) Making differential treatment against any person to 21 his or her detriment because of race, color, creed, sex, 22 religion, or national origin. 23 (9) Engaging in unprofessional conduct. 24 (10) Engaging in false or misleading advertising. 25 (11) Contracting or assisting an unlicensed person to 26 perform services for which a license is required under this 27 Act. 28 (12) Permitting the use of his or her license to enable 29 an unlicensed person or agency to operate as a licensee. 30 (13) Performing and charging for a service without 31 having the authorization to do so from the member of the 32 public being serviced. 33 (14) Failure to comply with any provision of this Act or 34 the rules promulgated under this Act. HB0112 Engrossed -9- LRB9100789BBdv 1 (15) Conducting business regulated by this Act without a 2 currently valid license. 3 Section 75. Formal charges; hearing. 4 (a) The Office may file formal charges against a 5 licensee. Formal charges, at a minimum, inform the licensee 6 of specific facts that are the basis of the charge to enable 7 the licensee to defend himself or herself. 8 (b) Each licensee whose conduct is the subject of a 9 formal charge that seeks to impose disciplinary action 10 against the licensee shall be served notice of the formal 11 charge at least 30 days before the date of the hearing. The 12 hearing shall be presided over by the Office or a hearing 13 officer authorized by the Office in compliance with the 14 Illinois Administrative Procedure Act. Service shall be 15 considered to have been given if the notice was personally 16 received by the licensee or if the notice was mailed 17 certified, return requested, to the licensee at the 18 licensee's last known address as listed with the Office. 19 (c) The notice of a formal charge shall consist, at a 20 minimum, of the following information: 21 (1) The time and date of the hearing. 22 (2) A statement that the licensee appear 23 personally at the hearing and may be represented by 24 counsel. 25 (3) A statement that the licensee has the right to 26 produce witnesses and evidence in his or her behalf and 27 the right to cross-examine witnesses and evidence 28 produced against him or her. 29 (4) A statement that the hearing can result in 30 disciplinary action being taken against his or her 31 license. 32 (5) A statement that rules for the conduct of these 33 hearings exist and it may be in his or her best interest HB0112 Engrossed -10- LRB9100789BBdv 1 to obtain a copy. 2 (6) A statement that the hearing officer authorized 3 by the Office shall preside at the hearing and, following 4 the conclusion of the hearing, make findings of fact, 5 conclusions of law, and recommendations, separately 6 stated, to the Office as to what disciplinary action, if 7 any, should be imposed on the licensee. 8 (7) A statement that the Office may continue the 9 hearing. 10 (d) The Office or the hearing officer authorized by the 11 Office shall hear evidence produced in support of the formal 12 charges and contrary evidence produced by the licensee, if 13 any. If the hearing is conducted by a hearing officer, at the 14 conclusion of the hearing, the hearing officer shall make 15 findings of fact, conclusions of law, and recommendations, 16 separately stated, and submit them to the Office and to all 17 parties to the proceeding. Submission to the licensee shall 18 be considered as having been made if done in a similar 19 fashion as service of the notice of formal charges. Within 20 20 days after the service, any party to the proceeding may 21 present to the Office a motion, in writing, for a rehearing. 22 The written motion shall specify the particular grounds for 23 the rehearing. 24 (e) The Office, following the time allowed for filing a 25 motion for rehearing, shall review the hearing officer's 26 finding of fact, conclusions of law, recommendations, and any 27 motions filed subsequent to the hearing. After review of the 28 information the Office may hear oral arguments and thereafter 29 issue an order. The report of findings of fact, conclusions 30 of law, and recommendations of the hearing officer shall be 31 the basis for the Office's order. If the Office finds that 32 substantial justice was not done, it may issue an order in 33 contravention of the hearing officer's findings. 34 (f) All proceedings under this Section are matters of HB0112 Engrossed -11- LRB9100789BBdv 1 public record and shall be preserved. 2 Section 80. Sanctions. 3 (a) The Office shall impose any of the following 4 sanctions, singularly or in combination, when it finds that a 5 licensee is guilty of any offense described in this Act: 6 (1) revocation; 7 (2) suspension for any period of time; 8 (3) reprimand or censure; 9 (4) place on probationary status and require the 10 submission of any of the following: 11 (i) report regularly to the Office upon 12 matters that are the basis of the probation; 13 (ii) continue or renew professional education 14 until a satisfactory degree of skill has been 15 attained in those areas that are the basis of the 16 probation; or 17 (iii) such other reasonable requirements or 18 restrictions as are proper. 19 (5) refuse to issue, renew, or restore; or 20 (6) revoke probation that has been granted and 21 impose any other discipline in this subsection (a) when 22 the requirements of probation have not been fulfilled or 23 have been violated. 24 (b) The State Fire Marshal may summarily suspend a 25 license under this Act, without a hearing, simultaneously 26 with the filing of a formal complaint and notice for a 27 hearing provided under this Section if the State Fire Marshal 28 finds that the continued operations of the individual would 29 constitute an immediate danger to the public. In the event 30 the State Fire Marshal suspends a license under this 31 subsection, a hearing by the hearing officer designated by 32 the State Fire Marshal shall begin within 20 days after the 33 suspension begins, unless continued at the request of the HB0112 Engrossed -12- LRB9100789BBdv 1 licensee. 2 (c) Disposition may be made of any formal complaint by 3 consent order between the State Fire Marshal and the 4 licensee, but the Office must be apprised of the full consent 5 order in a timely way. 6 (d) The Office shall reinstate any license to good 7 standing under this Act, upon recommendation to the Office, 8 after a hearing before the hearing officer authorized by the 9 Office. The Office shall be satisfied that the applicant's 10 renewed practice is not contrary to the public interest. 11 (e) The Office may conduct hearings and issue cease and 12 desist orders to persons who engage in activities prohibited 13 by this Act without having a valid license, certificate, or 14 registration. Any person in violation of a cease and desist 15 order entered by the Office is subject to all of the remedies 16 provided by law, and in addition, is subject to a civil 17 penalty payable to the party injured by the violation. 18 Section 85. Subpoena, production of evidence; records; 19 administrative review; license suspension; revocation. 20 (a) The Office has the power to subpoena and bring 21 before it any person in this State and to take testimony 22 either orally or by deposition, or both, with the same fees 23 and mileage and in the same manner as is prescribed by law 24 for judicial proceedings in civil cases. The State Fire 25 Marshal, the Office, and the hearing officer approved by the 26 Office, have the power to administer oaths at any hearing 27 that the Office is authorized to conduct. 28 (b) Any circuit court, upon the application of the 29 licensee, the Office, or the State Fire Marshal, may order 30 the attendance of witnesses and the production of relevant 31 books and papers in any hearing under this Act. The court may 32 compel obedience to its order by proceedings for contempt. 33 (c) The Office of the State Fire Marshal, at its HB0112 Engrossed -13- LRB9100789BBdv 1 expense, shall provide a stenographer or a mechanical 2 recording device to record the testimony and preserve a 3 record of all proceedings at the hearing of any case in which 4 a license may be revoked, suspended, placed on probationary 5 status, or other disciplinary action taken with regard to the 6 license. The notice of hearing, complaint, and all other 7 documents in the nature of pleadings and written motions 8 filed in the proceedings, the transcript of testimony, the 9 report of the hearing officer and the orders of the State 10 Fire Marshal shall constitute the record of the proceedings. 11 The Office shall furnish a transcript of the record to any 12 interested person upon payment of the costs of copying and 13 transmitting the record. 14 (d) All final administrative decisions of the Office are 15 subject to judicial review under the Administrative Review 16 Law and the rules adopted under that Law. Proceedings for 17 judicial review shall be commenced in the circuit court of 18 the county in which the party applying for review resides; 19 but if the party is not a resident of Illinois, the venue is 20 in Sangamon County. The State Fire Marshal is not required to 21 certify any record to the court or file any answer in court 22 or otherwise appear in any court in a judicial review 23 proceeding, unless there is filed in the court with the 24 complaint a receipt from the Office acknowledging payment of 25 the costs of furnishing and certifying the record. Those 26 costs shall be computed at the cost of preparing the record. 27 Exhibits shall be certified without cost. Failure on the part 28 of the licensee to file the receipt in court is a ground for 29 dismissal of the action. During all judicial proceedings 30 incident to a disciplinary action, the sanctions imposed upon 31 the accused by the Office remain in effect, unless the court 32 feels justice requires a stay of the order. 33 (e) An order of revocation, suspension, placing the 34 license on probationary status, or other formal disciplinary HB0112 Engrossed -14- LRB9100789BBdv 1 action as the State Fire Marshal may consider proper, or a 2 certified copy of the order over the seal of the Office and 3 purporting to be signed by the State Fire Marshal, is prima 4 facie proof that: 5 (1) the signature is that of the State Fire 6 Marshal; 7 (2) the State Fire Marshal is qualified to Act; and 8 (3) the hearing officer is qualified to Act on 9 behalf of the Office. 10 The proof specified in paragraphs (1), (2), and (3) may 11 be rebutted. 12 (f) Upon the suspension or revocation of a license 13 issued under this Act, a licensee shall surrender the license 14 to the Office and upon failure to do so, the Office shall 15 seize the license. 16 (g) The Office, upon request, shall publish a list of 17 the names and addresses of all licensees under the provisions 18 of this Act. The Office shall publish a list of all persons 19 whose licenses have been disciplined within the past year, 20 together with such other information as it may consider of 21 interest to the public. 22 Section 90. Penalties. Any natural person who violates 23 any of the following provisions is guilty of a Class A 24 misdemeanor for the first offense and a corporation or other 25 entity that violates any of the following provision commits a 26 business offense punishable by a fine not to exceed $5,000; a 27 second or subsequent offenses in violation of any Section of 28 this Act, including this Section, are Class 4 felonies if 29 committed by a natural person, or a business offense 30 punishable by a fine of up to $10,000 if committed by a 31 corporation or other business entity: 32 (1) Practicing or attempting to practice as a 33 pyrotechnic operator, pyrotechnic distributor or HB0112 Engrossed -15- LRB9100789BBdv 1 pyrotechnic displayer without a license; 2 (2) Obtaining or attempting to obtain a license, 3 practice or business, or any other thing of value by 4 fraudulent representation; 5 (3) Permitting, directing, or authorizing any 6 person in one's employ or under one's direction or 7 supervision to work or serve as a licensee if that 8 individual does not possess an appropriate valid license. 9 Whenever any person is punished as a repeat offender 10 under this Section, the Office may proceed to obtain a 11 permanent injunction against the person under Section 10. If 12 any person in making any oath or affidavit required by this 13 Act swears falsely, the person is guilty of perjury and upon 14 conviction may be punished accordingly. 15 Section 905. The Illinois Explosives Act is amended by 16 changing Section 1003 as follows: 17 (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003) 18 Sec. 1003. Definitions. As used in this Act: 19 (a) "Person" means any individual, corporation, company, 20 association, partnership, or other legal entity. 21 (b) "Explosive materials" means explosives, blasting 22 agents, and detonators. 23 (c) "Explosive" means any chemical compound, mixture or 24 device, the primary or common purpose of which is to 25 function by explosion and includes high or low explosives. 26 For purposes of the administration of this Act, the following 27 are not considered explosives: fixed ammunition for small 28 arms, safety fuses, matches, fireworks, theatrical 29 pyrotechnics, and model rocket fuel.Manufactured articles,30including, but not limited to, fixed ammunition for small31arms, fire crackers, safety fuses, and matches are not32explosives when the individual units contain explosives inHB0112 Engrossed -16- LRB9100789BBdv 1such limited quantity and of such nature or in such packing2that it is impossible to produce a simultaneous or a3destructive explosion of such units which would be injurious4to life, limb or property.5 (d) "Blasting agent" means any material or mixture 6 consisting of a fuel and oxidizer intended for blasting, not 7 otherwise defined as an explosive, provided that the 8 finished product, as mixed and packaged for use or shipment, 9 cannot be detonated by means of a No. 8 blasting cap, as 10 defined by the Bureau of Alcohol, Tobacco and Firearms, U.S. 11 Department of Treasury, when unconfined. 12 (e) "Detonator" means any device containing any 13 initiating or primary explosive that is used for initiating 14 detonation. A detonator may not contain more than 10 grams 15 of total explosives by weight, excluding ignition or delay 16 charges. 17 (f) "Highway" means any public street, public highway, 18 or public alley. 19 (g) "Railroad" or "railway" means any public steam, 20 electric or other railroad or rail system which carries 21 passengers for hire, but shall not include auxiliary tracks, 22 spurs and sidings installed and primarily used in serving any 23 mine, quarry or plant. 24 (h) "Building" means and includes any building regularly 25 occupied, in whole or in part, as a habitation for human 26 beings, and any church, schoolhouse, railway station or other 27 building where people are accustomed to assemble, but does 28 not mean or include any buildings of a mine or quarry or any 29 of the buildings of a manufacturing plant where the business 30 of manufacturing explosive materials is conducted. 31 (i) "Factory building" means any building or other 32 structure in which the manufacture or any part of the 33 manufacture of explosive materials is conducted. 34 (j) "Magazine" means any building or other structure or HB0112 Engrossed -17- LRB9100789BBdv 1 container, other than a factory building, used to store 2 explosive materials. Where mobile or portable type 5 3 magazines are permissible and used, "magazine", for the 4 purpose of obtaining certificates and calculating fees, means 5 the site on which such magazines are located. 6 (k) "Magazine keeper" means a qualified supervisory 7 person responsible for the inventory and safe storage of 8 explosive materials, including the proper maintenance of 9 explosive materials, storage magazines and surrounding areas. 10 (l) "Black powder" means a deflagrating or low 11 explosive compound of an intimate mixture of sulfur, charcoal 12 and an alkali nitrate, usually potassium or sodium nitrate. 13 (m) "Municipality" includes cities, villages, and 14 incorporated towns and townships. 15 (n) "Fugitive from justice" means any individual who has 16 fled from the jurisdiction of any court of record to avoid 17 prosecution for any crime or to avoid giving testimony in 18 any criminal proceeding. This term shall also include any 19 individual who has been convicted of any crime and has fled 20 to avoid imprisonment. 21 (o) "Department" means the Department of Natural 22 Resources. 23 (p) "Small arms" means guns of 50 calibers or less. 24 (q) "Director" means the Director of Natural Resources. 25 (r) "Storage certificate" means the certificate issued 26 by the Department under Article 3 of this Act that authorizes 27 the holder to store explosive materials in the magazine for 28 which the certificate is issued. 29 (s) "License" means that license issued by the 30 Department under Article 2 of this Act authorizing the holder 31 to possess, use, purchase, transfer or dispose of, but not to 32 store, explosive materials. 33 (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.) HB0112 Engrossed -18- LRB9100789BBdv 1 Section 910. The Fireworks Use Act is amended by changing 2 Section 2 as follows: 3 (425 ILCS 35/2) (from Ch. 127 1/2, par. 128) 4 Sec. 2. Except as hereinafter provided it shall be 5 unlawful for any person, firm, co-partnership, or corporation 6 to knowingly possess, offer for sale, expose for sale, sell 7 at retail, or use or explode any fireworks; provided that 8 city councils in cities, the president and board of trustees 9 in villages and incorporated towns, and outside the corporate 10 limits of cities, villages and incorporated towns, the county 11 board, shall have power to adopt reasonable rules and 12 regulations for the granting of permits for supervised public 13 displays of fireworks. Every such display shall be handled by 14 a competent individual who is licensed as a pyrotechnics 15 displayer and pyrotechnic operator designated by the local 16 authoritiesherein specified and shall be of such a character17and so located, discharged or fired, as not to be hazardous18to property or endanger any person or persons. Application 19 for permits shall be made in writing at least 15 days in 20 advance of the date of the display and action shall be taken 21 on such application within 48 hours after such application is 22 made. After such privilege shall have been granted, sales, 23 possession, use and distribution of fireworks for such 24 display shall be lawful for that purpose only. No permit 25 granted hereunder shall be transferable. 26 Permits may be granted hereunder to any groups of 3 or 27 more adult individuals applying therefor. No permit shall be 28 required, under the provisions of this Act, for supervised 29 public displays by State or County fair associations. 30 The governing body shall require proof of insurancea31bondfrom the licensee in a sum not less than $2,000,000 32$1,000conditioned on compliance with the provisions of this 33 law and the regulations of the State Fire Marshal adopted HB0112 Engrossed -19- LRB9100789BBdv 1 hereunder, except that no municipality shall be required to 2 provide evidence of insurancefile such bond. 3 Such permit shall be issued only after inspection of the 4 display site by the issuing officer, to determine that such 5 display shall not be hazardous to property or endanger any 6 person or persons. Forms for such application and permit may 7 be obtained from the Office of the State Fire Marshal. One 8 copy of such permit shall be on file with the issuing 9 officer, and one copy forwarded to the Office of the State 10 Fire Marshal. 11 Possession by any party holding a certificate of 12 registration under "The Fireworks Regulation Act of 13 Illinois", filed July 20, 1935, or by any employee or agent 14 of such party or by any person transporting fireworks for 15 such party, shall not be a violation, provided such 16 possession is within the scope of business of the fireworks 17 plant registered under that Act. 18 (Source: P.A. 86-1028.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.