[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB2387 30 ILCS 105/5.449 new 425 ILCS 35/1 from Ch. 127 1/2, par. 127 425 ILCS 35/2 from Ch. 127 1/2, par. 128 Amends the Fireworks Use Act and the State Finance Act. Prohibits a person from handling certain explosives in a fireworks display if the person is not licensed by the State Fire Marshal to handle the explosives. Establishes licensing procedures and requirements, including requiring the State Fire Marshal to create a curriculum for training and licensing applicants. Provides that application and license fees shall be deposited into the Fireworks License Fund to be used by the State Fire Marshal to defray the costs associated with licensing applicants. Effective January 1, 1998. LRB9006294NTsb LRB9006294NTsb 1 AN ACT concerning fireworks, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.449 as follows: 6 (30 ILCS 105/5.449 new) 7 Sec. 5.449. The Fireworks License Fund. 8 Section 10. The Fireworks Use Act is amended by changing 9 Sections 1 and 2 as follows: 10 (425 ILCS 35/1) (from Ch. 127 1/2, par. 127) 11 Sec. 1. Definitions. In this Act: 12
The term"Fireworks" shall mean and include any explosive 13 composition, or any substance or combination of substances, 14 or article prepared for the purpose of producing a visible or 15 audible effect of a temporary exhibitional nature by 16 explosion, combustion, deflagration or detonation, and shall 17 include blank cartridges, toy cannons, in which explosives 18 are used, the type of balloons which require fire underneath 19 to propel the same, firecrackers, torpedoes, skyrockets, 20 Roman candles, bombs, or other fireworks of like construction 21 and any fireworks containing any explosive compound, or any 22 tablets or other device containing any explosive substance, 23 or containing combustible substances producing visual 24 effects: provided, however, that the term "fireworks" shall 25 not include snake or glow worm pellets; smoke devices; trick 26 noisemakers known as "party poppers", "booby traps", 27 "snappers", "trick matches", "cigarette loads" and "auto 28 burglar alarms"; sparklers; toy pistols, toy canes, toy guns, 29 or other devices in which paper or plastic caps containing -2- LRB9006294NTsb 1 twenty-five hundredths grains or less of explosive compound 2 are used, providing they are so constructed that the hand 3 cannot come in contact with the cap when in place for the 4 explosion; and toy pistol paper or plastic caps which contain 5 less than twenty hundredths grains of explosive mixture; the 6 sale and use of which shall be permitted at all times. 7 "Division 1.2 or 1.3 explosive" means any substance or 8 article defined as a Division 1.2 or 1.3 explosive by the 9 United States Department of Transportation under 49 CFR 10 173.50. Nothing in this definition shall be construed to 11 exclude Division 1.2 and 1.3 explosives from the definition 12 of "fireworks". 13 (Source: P.A. 83-474.) 14 (425 ILCS 35/2) (from Ch. 127 1/2, par. 128) 15 Sec. 2. Prohibition; permit; license. 16 (a) Except as hereinafter provided it shall be unlawful 17 for any person, firm, co-partnership, or corporation to 18 knowingly possess, offer for sale, expose for sale, sell at 19 retail, or use or explode any fireworks; provided that city 20 councils in cities, the president and board of trustees in 21 villages and incorporated towns, and outside the corporate 22 limits of cities, villages and incorporated towns, the county 23 board, shall have power to adopt reasonable rules and 24 regulations for the granting of permits for supervised public 25 displays of fireworks. Every such display shall be handled by 26 a competent individual designated by the local authorities 27 herein specified and shall be of such a character and so 28 located, discharged or fired, as not to be hazardous to 29 property or endanger any person or persons. Application for 30 permits shall be made in writing at least 15 days in advance 31 of the date of the display and action shall be taken on such 32 application within 48 hours after such application is made. 33 After such privilege shall have been granted, sales, -3- LRB9006294NTsb 1 possession, use and distribution of fireworks for such 2 display shall be lawful for that purpose only. No permit 3 granted hereunder shall be transferable. 4 Permits may be granted hereunder to any groups of 3 or 5 more adult individuals applying therefor. No permit shall be 6 required, under the provisions of this Act, for supervised 7 public displays by State or County fair associations. 8 The governing body shall require a bond from the licensee 9 in a sum not less than $1,000 conditioned on compliance with 10 the provisions of this law and the regulations of the State 11 Fire Marshal adopted hereunder, except that no municipality 12 shall be required to file such bond. 13 Such permit shall be issued only after inspection of the 14 display site by the issuing officer, to determine that such 15 display shall not be hazardous to property or endanger any 16 person or persons. Forms for such application and permit may 17 be obtained from the Office of the State Fire Marshal. One 18 copy of such permit shall be on file with the issuing 19 officer, and one copy forwarded to the Office of the State 20 Fire Marshal. 21 Possession by any party holding a certificate of 22 registration under "The Fireworks Regulation Act of 23 Illinois", filed July 20, 1935, or by any employee or agent 24 of such party or by any person transporting fireworks for 25 such party, shall not be a violation, provided such 26 possession is within the scope of business of the fireworks 27 plant registered under that Act. 28 (b) Notwithstanding any other provision of this Act, if 29 Division 1.2 or 1.3 explosives are used in a fireworks 30 display, a person may not handle the Division 1.2 or 1.3 31 explosives without a license from the State Fire Marshal. A 32 person seeking a license to handle Division 1.2 or 1.3 33 explosives in a fireworks display shall submit to the State 34 Fire Marshal an application, on a form prescribed by the -4- LRB9006294NTsb 1 State Fire Marshal, and the appropriate application fee. 2 The State Fire Marshal shall issue a license to an 3 applicant upon a determination by the State Fire Marshal that 4 the applicant is eligible for a license and upon payment of 5 the appropriate license fee. The State Fire Marshal shall 6 set standards for the licensing of applicants, including 7 creating a curriculum for training and licensing applicants. 8 The curriculum shall be in place and the licensing process 9 shall be operational by March 15, 1998. The State Fire 10 Marshal shall set criteria for a person to meet in order to 11 be an instructor for the curriculum. 12 Application, license, and license renewal fees under this 13 subsection (b) shall be deposited into the Fireworks License 14 Fund. The fees shall be set by the State Fire Marshal and 15 shall be sufficient to defray the costs and expenses 16 associated with the licensing process. The duration of 17 licenses shall be set by the State Fire Marshal. The 18 Fireworks License Fund is created as a special fund in the 19 State treasury. All money in the Fireworks License Fund 20 shall be used, subject to appropriation by the General 21 Assembly, by the State Fire Marshal to defray the costs and 22 expenses associated with the licensing process under this 23 subsection (b). 24 The State Fire Marshal shall adopt all rules necessary to 25 carry out its responsibilities under this subsection (b). 26 (Source: P.A. 86-1028.) 27 Section 99. Effective date. This Act takes effect 28 January 1, 1998.
[ Top ]