AUTHORITY: Implementing and authorized by Section 4.1 of the Pyrotechnic Use Act [425 ILCS 35/4.1] and Section 30 of the Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227/30].
SOURCE: Emergency rules adopted at 30 Ill. Reg. 1515, effective January 23, 2006; emergency expired June 21, 2006; adopted at 31 Ill. Reg. 8792, effective June 5, 2007; amended at 34 Ill. Reg. 16562, effective October 6, 2010.
Section 235.10 Scope
This Part implements the pyrotechnic display and consumer fireworks display permitting requirements and applies to all pyrotechnic displays and consumer fireworks displays in this State, including displays using display fireworks, 1.3G fireworks, special effects fireworks, flame effects, and consumer fireworks. This Part is intended to supplement the requirements of any federal, State or local laws and regulations governing the safety, setup, discharge and supervision of pyrotechnic displays and consumer fireworks displays, but shall be construed, wherever possible, to avoid conflicting or duplicative requirements. In the event of a conflict between this Part and the laws and rules enforced by agencies of the federal government, including the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Occupational Safety and Health Administration, the laws and rules enforced by agencies of the federal government shall control. However, provisions of this Part shall not be deemed to be in conflict with federal requirements on the basis that they are more specific than, more stringent than or impose requirements for which no like requirements are contained in, laws and rules enforced by the federal government. Further, should there be a conflict between this Part and the laws and rules enforced by the local governmental agency, this Part shall control to the extent that provisions of this Part are more specific than, or more stringent than, or impose requirements for which no like requirements are contained in, laws and rules enforced by local governments.
Section 235.20 Definitions
For purposes of this Part, the term:
"1.3G fireworks" means those fireworks that are used for professional outdoor displays and classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation (USDOT) under 49 CFR 172.101. [425 ILCS 35/1] USDOT assigns the following division numbers to the above-referenced fireworks identification numbers: UN0333 (1.1G), UN0334 (1.2G), and UN0335 (1.3G). (See 49 CFR 172.101.)
"Act" means the Pyrotechnic Use Act [425 ILCS 35].
"Applicant" means the individual who is applying for a pyrotechnic or consumer display permit.
"Assistant" means an on-site individual who is at least 18 years of age and who, under the supervision of the lead operator, assists with the safety, setup and discharge of a pyrotechnic display.
"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
"Certificate of training" means the consumer operator has successfully completed training on the safe handling of consumer fireworks from a training program approved by the Office of the State Fire Marshal.
"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. [425 ILCS 35/1]
"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 CFR 1500 and 1507, and classified as fireworks UN0336 or UN0337 by USDOT under 49 CFR 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"; hand-held wire sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing .25 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 .20 grains of explosive mixture; the sale and use of which shall be permitted at all times. [425 ILCS 35/1] USDOT assigns the following division numbers to the above-referenced fireworks identification numbers: UN0336 (1.4G) and UN0337 (1.4S). (See 49 CFR 172.101.)
"Consumer fireworks display" or "consumer display" means the detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect. [425 ILCS 35/1]
"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 the Act. [425 ILCS 35/1]
"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. [425 ILCS 35/1]
"Display fireworks" means any substance or article defined as a Division 1.3G explosive or special effects fireworks or as further defined in the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]
"DNR" means the Illinois Department of Natural Resources.
"Fire chief of the local jurisdiction" means the chief of the fire department providing fire protection coverage to the area of display, or his/her designee when expressly provided in the 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 NFPA 160 guidelines, and as may be further defined in the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]
"Lead pyrotechnic operator" means an individual who is responsible for the safety, setup, and discharge of the pyrotechnic display, who is responsible for the supervision of personnel at the pyrotechnic display, and who is licensed pursuant to the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]
"License" means the license issued by OSFM pursuant to the Pyrotechnic Distributor and Operating Licensing Rules.
"Local governmental authority" means the appropriate 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.
"NFPA" means the National Fire Protection Association, a nationally recognized standards-making organization.
"Officer" means:
if the applicant is a political subdivision of the State, an appointed or elected official; or
if the business is a sole proprietorship, the owner of the business or any person exercising managerial control; or
if the business is a partnership, any partner who has at least 10% ownership interest or any person exercising managerial control; or
if the business is a corporation, any officer or director of the corporation, any person who has at least 10% ownership interest in the corporation, or any person exercising managerial control.
"OSFM" means the 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. [225 ILCS 227/5]
"Production company" means any person in the film, digital and video media, television, commercial, and theatrical stage industry who provides pyrotechnic services or pyrotechnic display services as part of a film, digital and video media, television, commercial, or theatrical production in the State of Illinois and is licensed by OSFM pursuant to the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]
"Proscenium curtain" means the curtain covering the opening of the stage that is constructed and mounted in a manner that intercepts hot gases, flames and smoke and that prevents flame from a fire on the stage from becoming visible from the auditorium side.
"Pyrotechnic display" means the detonation, ignition, or deflagration of display fireworks or flame effects to produce visual or audible effects of an exhibitional nature before the public, invitees, or licensees, regardless of whether admission is charged. [425 ILCS 35/1]
"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 OSFM pursuant to the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]
"Pyrotechnic service" means the detonation, ignition or deflagration of display fireworks, special effects or flame effects to produce a visual or audible effect. [425 ILCS 35/1]
"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 and must be identified as "intended for indoor use". Special effects fireworks are classified as fireworks UN0431 or UN0432 by the USDOT under 49 CFR 172.101. [425 ILCS 35/1] USDOT assigns the following division numbers to the above-referenced pyrotechnic article identification numbers: UN0431 (1.4G) and UN0432 (1.4S). (See 49 CFR 172.101.)
"USDOT" means the United States Department of Transportation.
(Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010)