TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.10 SCOPE
Section 230.10 Scope
This Part implements the Pyrotechnic Distributor and
Operator Licensing Act [225 ILCS 227] and applies to all individuals who
distribute display fireworks or conduct pyrotechnic displays, or are
responsible for the safety, setup, discharge and supervision of a pyrotechnic
display in this State. This Part is intended to supplement the requirements of
any federal, State or local laws and regulations governing the distribution or
sale of fireworks, including the safety, setup, discharge and supervision of
pyrotechnic 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 agencies of 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, more stringent than, or impose
requirements for which no like requirements are contained in, laws and rules
enforced by the local governmental agency.
 | TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.20 DEFINITIONS
Section 230.20 Definitions
For purposes of this Part, the term:
"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 (USDOT) under 49 CFR 172.101. [225 ILCS 227/5] 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 Distributor and Operator Licensing Act.
"Applicant" means an
individual applying for a license under this Part.
"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. [225 ILCS 227/5]
"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 CFR 1500 and 1507, and classified as fireworks UN0336 or UN0337
by USDOT under 49 CFR 172.101. "Consumer fireworks" does not include
a substance or article exempted under the Pyrotechnic Use Act. [225 ILCS
227/5] 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.)
"Display fireworks"
means any substance or article defined as a Division 1.3G explosive or
special effects fireworks. [225 ILCS 227/5]
"DNR" means the Illinois
Department of Natural Resources.
"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. [225 ILCS 227/5]
"FBI"
means the Federal Bureau of Investigation.
"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. [225 ILCS 227/5]
"Flame
effect license" means a license issued to a qualified lead
pyrotechnic operator for flame effect
displays. A license may be limited to a certain type of display, effect or
location.
"Illinois Display Report"
means the report filed by the lead operator with OSFM providing certain
information with respect to the pyrotechnic display.
"ISP"
means the Illinois Department of State Police.
"Lead
pyrotechnic operator" or "lead
operator" means the on-site individual, who is at least 21
years of age, with overall responsibility for safety, setup, discharge, and
supervision of a pyrotechnic display or pyrotechnic service. [225 ILCS
227/5]
"License" means the
license issued by OSFM pursuant to the Act and this Part.
"Licensee" means the
individual licensed in accordance with the Act and this Part.
"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.
"OFSM"
means the Office of the State Fire Marshal.
"Outdoor professional display"
means an outdoor pyrotechnic display that uses 1.3G fireworks and is at least
75' from the audience in accordance with NFPA 1123.
"Outdoor professional license"
means the license issued to a qualified lead pyrotechnic operator for 1.3G
fireworks.
"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. [225 ILCS 227/5]
"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.
"Proximate audience display"
means a display of special effects fireworks that occurs within a building or
structure or that occurs outside before an audience closer than 75' to the
pyrotechnic or flame devices.
"Proximate audience license"
means a license issued to a qualified lead pyrotechnic operator for proximate
audience displays. The license may be limited to a certain type of display,
effect or location.
"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. [225 ILCS 227/5]
"Pyrotechnic distributor"
or "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.
[225 ILCS 227/5]
"Pyrotechnic
service" means the detonation, ignition or deflagration of display
fireworks, special effects or flame effects to produce a visual or audible
effect. [225 ILCS 227/5]
"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 USDOT under 49 CFR
172.101. [225 ILCS 227/5] 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.)
"Supervision" means
direction and management of the activities of personnel in the safety, setup
and display of a pyrotechnic display.
"USDOT" means the United
States Department of Transportation.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.25 INCORPORATED AND REFERENCED MATERIALS
Section 230.25 Incorporated and Referenced Materials
a) The
following national regulations and standards are incorporated in this Part:
1) National
Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471:
A) NFPA
101, Life Safety Code (2000)
B) NFPA 140, Standard on Motion Picture and
Television Production Studio Soundstages, Approved Production Facilities, and Production
Locations (2008)
C) NFPA
160, Standard for the Use of Flame Effects Before an Audience (2006)
D) NFPA
1123, Code for Fireworks Display (2006)
E) NFPA
1126, Standard for the Use of Pyrotechnics Before a Proximate Audience (2006)
2) Federal
Statutes
Federal Explosives
Law, 40 USC 841
3) Federal Regulations
A) ATF
27 CFR 555,
Commerce in Explosives (2006)
B) Consumer
Product Safety Commission
i) 16
CFR 1500, Hazardous Substance and Articles; Administration and Enforcement
Regulations
ii) 16
CRF 1507, Fireworks Devices
C) USDOT
49 CFR 172.101, Purpose and Use of
Hazardous Materials Table (2005)
b) All
incorporations by reference of NFPA standards and federal regulations refer to
the standards and regulations on the date specified and do not include any
amendments or editions subsequent to the date specified.
c) The following Illinois statutes and regulations are referenced in this Part:
1) Statutes
A) Pyrotechnic
Use Act [425 ILCS 35]
B) Pyrotechnic
Distributor and Operator Licensing Act [225 ILCS 227]
C) Illinois
Explosive Act [225 ILCS 210]
2) State
Regulations
Travel (80 Ill. Adm. Code 2800)
Department of
Natural Resources (62 Ill. Adm. Code)
The Illinois Explosive Act (62 Ill.
Adm. Code 200)
Department of State Police (20 Ill.
Adm. 1215.50)
Illinois Uniform Conviction
Information Act (20 Ill. Adm. Code 1215)
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.30 GENERAL REQUIREMENTS FOR PYROTECHNIC DISPLAYS
Section 230.30 General Requirements for Pyrotechnic
Displays
a) All
pyrotechnic displays or pyrotechnic services require a permit issued by the
appropriate local governmental authority in accordance with the Pyrotechnic Use
Act [425 ILCS 35].
b) All
pyrotechnic displays or pyrotechnic services require the services of a licensed
pyrotechnic distributor or a licensed production company and a licensed lead
pyrotechnic operator in accordance with this Part.
c) A
licensed lead pyrotechnic operator shall be present during any pyrotechnic
display or pyrotechnic services and shall personally supervise all assistants,
including all phases of the pyrotechnic display.
d) The
fire chief of the local jurisdiction or his/her designee must inspect and
approve the display site for all pyrotechnic displays or pyrotechnic services to
ensure that the site is safe to conduct a display.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.40 COMPLIANCE STANDARDS
Section 230.40 Compliance Standards
a) All
pyrotechnic displays shall be conducted in accordance with the edition of the
following copyrighted standards and recommended practices:
1) NFPA
1123;
2) NFPA
1126, as modified by Section 230.260;
3) NFPA
160, as modified by Section 230.270; or
4) NFPA 140.
b) Storage
of display fireworks (1.3G and above) shall comply with the storage
requirements set forth by ATF at 27 CFR 555 or by DNR pursuant to Article 3 of
the Illinois Explosive Act. Should there be a conflict between the
requirements established by ATF and DNR, those requirements that are more
specific, more stringent, or impose requirements for which no like requirements
are contained in the other agency's requirements shall control.
c) In
addition to the preceding standards, all indoor pyrotechnic displays must meet
the requirements of the Pyrotechnic Use Act and shall only be held in one of
the following types of buildings:
1) Buildings
having an automatic sprinkler system protecting the seating area and stage [425
ILCS 35/2.1];
2) Buildings
having an automatic sprinkler system protecting the stage that is equipped with
a proscenium curtain, as required by NFPA 101, that will automatically deploy
in the event of a fire. In no event may an effect be downstage of the
proscenium curtain, i.e., on the audience side of the curtain; or
3) Stadia
and arenas without automatic sprinkler system protection over the floor area
used for contest, performance, or entertainment; over the seating areas; or
over open-air concourses where, as required by NFPA 101, Section 12.3.5,
Exception 4, an approved engineering analysis substantiated the ineffectiveness
of the sprinkler protection due to building height and combustible loading.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.50 QUALIFICATIONS FOR DISTRIBUTOR LICENSE
Section 230.50 Qualifications for Distributor License
a) Except
as provided in this Section, no license shall be granted to an applicant who
has not reached the age of 21 and met the requirements of the Act (in
particular Section 35) and paid the required application fee.
b) The
applicant must have a current license from ATF for the type of pyrotechnic
service or pyrotechnic display service provided. In the event the applicant's
license has expired, the applicant must submit proof from ATF that the license
is in the process of being renewed. OSFM may issue the applicant temporary
authorization to act until ATF renews the applicant's license. In the event
the applicant distributes only flame effect pyrotechnic displays, the applicant
must submit an affidavit, signed under penalties of perjury, identifying the
full extent of pyrotechnic services the applicant provides, and all materials
used. With respect to these pyrotechnic services, the applicant shall
acknowledge that he or she does not transport, receive, distribute, possess,
store or acquire for use any material that requires an ATF license.
c) The
applicant must have a current Identification Number and Hazardous Materials
Registration Number issued by USDOT. In the event the applicant distributes
only flame effect pyrotechnic displays and/or the applicant never transports
materials in quantities that require registration with USDOT, the applicant
must submit an affidavit, signed under penalty of perjury. In this affidavit,
the applicant shall identify all materials he/she uses in the display services
provided, the quantity of each material transported for these displays, and an
acknowledgement that the applicant never transports materials in quantities
that require registration with USDOT. If the applicant never transports
materials in quantities that require registration with USDOT, but takes
possession of such materials at the display site, the applicant must maintain a
file of all documentation concerning the transportation of those materials and
provide copies of the documents to OSFM upon request.
d) At
least one officer of a pyrotechnic distributor must be a licensed lead pyrotechnic
operator for the type of display services provided.
e) An
out-of-state person hired for or engaged in pyrotechnic services or a
pyrotechnic display must have a pyrotechnic distributor license issued by OSFM,
or be employed by a licensed pyrotechnic distributor and hold a lead
pyrotechnic operator license issued by OSFM. [225 ILCS 227/10]
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.55 QUALIFICATIONS FOR PRODUCTION COMPANY LICENSE
Section 230.55 Qualifications for Production Company
License
a) Except
as provided in this Section, no license shall be granted to an applicant who is
not a production company that provides pyrotechnic display services or
pyrotechnic services as part of any production, has not reached the age of 21,
has not met the requirements of the Act (in particular Section 35) and paid the
required application fee.
b) The
applicant must have a current Identification Number and Hazardous Materials
Registration Number issued by USDOT. In the event the applicant distributes
only flame effect pyrotechnic displays, and/or the applicant never transports
materials in quantities that require registration with USDOT, the applicant
must submit an affidavit, signed under penalty of perjury. In this affidavit
the applicant shall identify all materials he/she uses in the display services
provided, the quantity of each material transported for these displays, and an
acknowledgement that the applicant never transports materials in quantities
that require registration with USDOT. If the applicant never transports
materials in quantities that require registration with USDOT, but takes
possession of those materials at the display site, the applicant must maintain
a file of all documentation concerning the transportation of those materials
and provide copies of the documents to OSFM upon request. Alternatively, this
information may be provided by the licensed lead pyrotechnic operator for the
production company.
(Source: Added at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.60 QUALIFICATIONS FOR LIMITED DISTRIBUTOR LICENSE
Section 230.60 Qualifications for Limited Distributor
License
a) Except
as provided in this Section, no limited distributor's
license shall be granted to an applicant that is not a political subdivision of
the State, met the requirements of the Act (in particular Section 35) and paid
the required application fee.
b) Pursuant to Section 845(a)(3) of the Federal
Explosives Law, the transportation, shipment, receipt, or importation of
explosive materials for delivery to a political subdivision of the State does
not require the political subdivision of the State to hold a license issued by
ATF.
c) The
applicant must have a current Identification Number
and Hazardous Materials Registration Number issued by USDOT. In the
event the applicant distributes only flame effect pyrotechnic displays, and/or
the applicant never transports materials in quantities that require
registration with USDOT, the applicant must submit an affidavit, signed under
penalty of perjury. In this affidavit, the applicant shall identify all
materials he/she uses in the display services provided, the quantity of each
material transported for these displays, and an acknowledgement that the
applicant never transports materials in quantities that require registration
with USDOT. If the applicant never transports materials in quantities that
require registration with USDOT, but takes possession of such materials at the
display site, the applicant must maintain a file of all documentation
concerning the transportation of those materials and provide copies of the
documents to OSFM upon request.
d) The
applicant must provide, for approval by OSFM, proof of having the requisite
knowledge, through training, examination, or continuing education, of the
pyrotechnic materials and pyrotechnic displays it provides. [225 ILCS
227/35(c)(8)]
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.65 QUALIFICATIONS FOR PRODUCTION COMPANY LEAD OPERATOR LICENSING APPROVAL
Section 230.65 Qualifications for Production Company
Lead Operator Licensing Approval
a) Outdoor Professional
Licensing Approval
1) No
licensing approval shall be granted to an applicant who has not reached the age
of 21 and met the requirements of the Act.
2) The
applicant must have a current license or Letter of Clearance from ATF for the
type of pyrotechnic service or pyrotechnic display provided. In the event the
applicant's license has expired, the applicant must submit proof from ATF that
the license is in the process of being renewed. If an applicant has applied
for, but not received, an ATF explosives license or a Letter of Clearance, or
if the license is being renewed, OSFM may issue the applicant temporary
authorization to act until ATF issues the applicant an explosives license or
Letter of Clearance, or renews the license.
3) The
applicant must provide proof of successful completion of the DNR training
program for pyrotechnic displays, including a current DNR individual explosives
license number, or another program that OSFM determines to be substantially
equivalent.
b) Proximate Audience
Licensing Approval
1) No licensing
approval shall be granted to an applicant who has not reached the age of 21 and
met the requirements of the Act.
2) The
applicant must have a current license or a Letter of Clearance from ATF for the
type of pyrotechnic service or pyrotechnic display provided. In the event the
applicant's license has expired, the applicant must submit proof from ATF that
the license is in the process of being renewed. If an applicant has applied
for, but not received, an ATF explosives license or a Letter of Clearance, or
if the license is being renewed, OSFM may issue the applicant temporary
authorization to act until ATF issues the applicant an explosives license or
Letter of Clearance, or renews the license.
3) The
applicant must provide proof of successful completion of the DNR training
program for pyrotechnic displays, including a current DNR individual explosives
license number, or another program that OSFM determines to be substantially
equivalent.
4) An
applicant for a proximate audience licensing approval must achieve a passing
score of 80% on a written examination administered by OSFM in accordance with
Section 230.120.
5) The
applicant must submit evidence of experience that includes active participation
in the safe performance of at least 10 proximate audience displays. The
applicant must have performed the duties of a lead operator in at least 2 of
these displays (either pursuant to a license from another state or under the
supervision of a lead operator).
6) Acceptable
documentation of experience includes:
A) A copy
of a display permit from an issuing authority that lists the applicant as an
operator or assistant, including a letter from the issuing authority
documenting that there were no injuries or property damage sustained from the
display; or
B) A copy
of the Illinois Display Report (see Section 230.200).
c) Flame Effect Licensing
Approval
1) No
licensing approval shall be granted to an applicant who has not reached the age
of 21 and met the requirements of the Act.
2) An
applicant for a flame effect licensing approval must achieve a passing score of
80% on a written examination administered by OSFM in accordance with Section
230.120.
3) The
applicant must submit evidence of experience, which must include active
participation as a lead operator or assistant in the safe performance of at
least 10 flame effect displays. The applicant must have performed the duties
of a lead operator in at least 2 of these flame effect displays (either
pursuant to a license from another state or under the supervision of a lead
operator).
4) Acceptable
documentation of experience includes:
A) A copy
of a display permit from an issuing authority that lists the applicant as an
operator or assistant, including a letter from the issuing authority
documenting that there were no injuries or property damage sustained from the
flame effect display; or
B) A copy
of the Illinois Display Report (see Section 230.200).
d) Additional
Requirements for Licensed Lead Pyrotechnic Operator Employed by Production
Company
The lead pyrotechnic operator
employed by a licensed production company may be required by the production
company to have and provide an Identification Number and Hazardous Materials
Registration Number issued by USDOT or provide OSFM the appropriate information
and affidavit as is required in Section 230.55(b).
(Source: Added at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.70 QUALIFICATIONS FOR OUTDOOR PROFESSIONAL LICENSE
Section 230.70 Qualifications for Outdoor Professional
License
a) No
license shall be granted to an applicant who has not reached the age of 21 and
met the requirements of the Act and paid the required application fee.
b) The
applicant must have a current license or a Letter of Clearance from ATF. In
the event the applicant's license has expired, the applicant must submit proof
from ATF that the license is in the process of being renewed. If an applicant
has applied for, but not received, an ATF explosives license or a Letter of
Clearance, or if the license is being renewed, OSFM may issue the applicant
temporary authorization to act until ATF issues the applicant an explosives
license or Letter of Clearance, or renews the license.
c) The
applicant must provide proof of successful completion of the DNR training
program for pyrotechnic displays, including a current DNR individual explosives
license number, or another program that OSFM determines to be substantially
equivalent.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.80 QUALIFICATIONS FOR PROXIMATE AUDIENCE LICENSE
Section 230.80 Qualifications for Proximate Audience
License
a) No
license shall be granted to an applicant who has not reached the age of 21 and
met the requirements of the Act and paid the required application fee.
b) The
applicant must have a current license or a Letter of Clearance from ATF. In
the event the applicant's license has expired, the applicant must submit proof
from ATF that the license is in the process of being renewed. If an applicant
has applied for, but not received, an ATF explosives license or a Letter of
Clearance, or if the license is being renewed, OSFM may issue the applicant
temporary authorization to act until ATF issues the applicant an explosives
license or Letter of Clearance, or renews the license.
c) The
applicant must provide proof of successful completion of the DNR training
program for pyrotechnic displays, including a current DNR individual explosives
license number, or another program that OSFM determines to be substantially
equivalent.
d) An
applicant for a proximate audience license must achieve a passing score of 80%
on a written examination administered by OSFM in accordance with Section
230.120.
e) The
applicant must submit evidence of experience that includes active participation
in the safe performance of at least 10 proximate audience displays. The
applicant must have performed the duties of a lead operator in at least 2 of
these displays (either pursuant to a license from another state or under the
supervision of a lead operator).
f) Acceptable documentation
of experience includes:
1) A
copy of a display permit from an issuing authority that lists the applicant as
an operator or assistant, including a letter from the issuing authority
documenting that there were no injuries or property damage sustained from the
display; or
2) A copy
of the Illinois Display Report (see Section 230.200).
g) Due
to the special nature of proximate audience displays, OSFM may issue either a
proximate audience license or a limited proximate audience license that will
license the individual to conduct only certain types of displays or effects or
limit the show to a certain venue.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.90 QUALIFICATIONS FOR FLAME EFFECT LICENSE
Section 230.90 Qualifications for Flame Effect License
a) No
license shall be granted to an applicant who has not reached the age of 21 and
met the requirements of the Act and paid the required application fee.
b) An
applicant for a flame effect license must achieve a passing score of 80% on a
written examination administered by OSFM in accordance with Section 230.120.
c) The
applicant must submit evidence of experience, which must include active
participation as a lead operator or assistant in the safe performance of at
least 10 flame effect displays. The applicant must have performed the duties
of a lead operator in at least 2 of these flame effect displays (either
pursuant to a license from another state or under the supervision of a lead
operator).
d) Acceptable documentation
of experience includes:
1) A
copy of a display permit from an issuing authority that lists the applicant as
an operator or assistant, including a letter from the issuing authority documenting
that there were no injuries or property damage sustained from the flame effect
display; or
2) A copy
of the Illinois Display Report (see Section 230.200).
e) Due to the special nature of a flame
effect display, OSFM may issue a flame effect license or a limited flame effect
license that will license the individual to conduct only certain types of
effects or conduct shows limited to a certain venue.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.100 APPLICATION FOR LICENSE
Section 230.100 Application for License
a) All
applications for a pyrotechnic distributor license shall be signed and
submitted on forms provided by OSFM and shall include the following
information:
1) The
name and address of the business. The address shall be an actual street address
and shall include the city, state and zip code. A post office box number is
not acceptable as an address.
2) The
names and personal addresses of all officers of the business, including a copy
of each officer's driver's license or other government issued ID showing date
of birth and photograph. This information shall be required from only one
officer of a political subdivision of the State.
3) In accordance with Section 230.150, no license shall be
issued until the applicable fee has been paid. After reviewing the application,
OSFM will invoice the licensee for the fee.
4) A
Certificate of Insurance showing proof of not less than $1,000,000 in
product liability insurance, $1,000,000 in general liability insurance that
covers the pyrotechnic display service or pyrotechnic service provided and
proof of Illinois Workers' Compensation insurance. [225 ILCS 227/35(c)]
The insurance coverage shall provide for 30 days minimum coverage prior to
written notice of cancellation to OSFM. Insurance coverage shall be an occurrence
based policy, or its equivalent, and it shall cover all periods of time when
pyrotechnic 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. If a
political subdivision of the State is self-insured, the applicant shall submit
an affidavit acknowledging its self-insurance.
5) A
copy of the current license issued by ATF for the type of pyrotechnic service
or pyrotechnic display service provided or proof from ATF that a license is in the
process of being renewed. In the event the applicant distributes only flame
effect pyrotechnic displays, the applicant shall submit a sworn affidavit as
set forth in Section 230.50(b). In the event the applicant is a political
subdivision of the State, the applicant shall submit an affidavit acknowledging
its status.
6) The
Identification Number and Hazardous Materials Registration Number issued by USDOT.
In the event the applicant distributes only flame effect pyrotechnic displays
and the applicant never transports materials in quantities that require
registration with USDOT, the applicant shall submit a sworn affidavit as set
forth in Section 230.50(c).
7) Proof
that the applicant met the requirements of Section 230.50.
8) If
providing display services, the name of the officer who is licensed for those
types of services.
9) In
accordance with Section 230.280, a fingerprint card in the form and manner
required by ISP and the fee specified by ISP for processing fingerprint cards
through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50)
and through the FBI criminal history record files.
b) The
pyrotechnic distributor shall submit to OSFM the applications of its employees
applying for a lead pyrotechnic operator license. All applications for the
license shall be signed by the applicant and submitted on forms provided by OSFM
and must be accompanied by the following additional information:
1) A
copy of the applicant's driver's license or other government issued
identification that includes the date of birth and photograph.
2) A
photograph, approximately 1¼" x 1½", taken within the preceding 2
years. The photograph must show the applicant from a front view with his or
her full-face and head and shoulders visible. OSFM will reject photographs
showing the applicant wearing sunglasses, hats, scarves, or any object that
obscures the applicant's identity.
3) A
copy of a current license or a Letter of Clearance from ATF for the type of
pyrotechnic service or pyrotechnic display provided. In the event the
applicant's license has expired, the applicant must submit proof from ATF that
the license is in the process of being renewed. A current license or Letter of
Clearance from ATF is required for both the outdoor display and proximate
audience licenses. In the event the applicant has only applied for an ATF
explosives license or Letter of Clearance, the applicant shall submit an affidavit,
signed under penalty of perjury, with a copy of the completed ATF application
attached, acknowledging when he/she submitted an application to ATF for
processing.
4) In
the event the applicant participates in only flame effect pyrotechnic displays,
the applicant shall submit an affidavit, signed under penalty of perjury,
acknowledging that he/she only participates in the safety, setup, discharge,
and supervision of flame effect pyrotechnic displays. The affidavit shall
acknowledge that, with regard to the services provided, the applicant does not
transport, receive, distribute, possess, store, or acquire for use any material
that requires an ATF license.
5) In accordance with Section 230.150, no license shall be
issued until the applicable fee has been paid. After reviewing the
application, OSFM will invoice the licensee for the fee.
6) Proof
that the applicant met the requirements of Section 230.70(c), 230.80(c) or
230.90(b), whichever is applicable to the respective license.
7) References
from at least 3 individuals, who are not affiliated with the pyrotechnic distributor
who employs the applicant, who can verify the experience reported or any
training received by the applicant. All references must include the name,
address, phone number, and agency or organization represented by the person
submitting the reference. These references can be from permitting officials,
law enforcement officials who had oversight at a display, fire department
personnel who approved and reviewed pyrotechnic displays performed by the
applicant in the past, and other individuals who can attest to the applicant's
training, experience, and manner in performing displays. In addition, these
letters should identify the basis for the opinion expressed in the letter, i.e.,
how does that person know the applicant and what facts support the opinion
expressed in the letter. A copy of a fully signed Illinois Display Report may
serve as a letter of reference.
8) In
accordance with Section 230.280, a fingerprint card in the form and manner
required by ISP and the fee specified by ISP for processing fingerprint cards
through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50)
and through the FBI criminal history record files.
c) All
applications for a production company license shall be signed and submitted on
forms provided by OSFM and shall include the following information:
1) The
name and address of the business. The address shall be an actual street
address and shall include the city, state and zip code. A post office box
number is not acceptable as an address.
2) The
names and personal addresses of all officers of the business, including a copy
of each officer's driver's license or other government issued ID showing date
of birth and photograph.
3) In
accordance with Section 230.150, no license shall be issued until the
applicable fee has been paid. After reviewing the application, OSFM shall
invoice the licensee for the fee.
4) A Certificate
of Insurance and a copy of the insurance policy showing proof of not less
than $2,000,000 in commercial general liability insurance that covers any
damage or injury resulting from the pyrotechnic display services or pyrotechnic
services provided. [225 ILCS 227/35] The insurance coverage shall provide
for a minimum of 30 days coverage after written notice to OSFM of
cancellation. Insurance coverage shall be an occurrence based policy, or its
equivalent, and it shall cover all periods of time when pyrotechnic 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. The insurer shall not
cancel the insured's coverage or remove an additional insured from the policy
coverage without notifying OSFM in writing at least 15 days before
cancellation. [225 ILCS 227/35]
5) Proof
of Illinois Workers' Compensation insurance. [225 ILCS 227/35(c-3)]
6) The
Identification Number and Hazardous Materials Registration Number issued by
USDOT. In the event the applicant distributes only flame effect
pyrotechnic displays and the applicant never transports materials in quantities
that require registration with USDOT, the applicant shall submit a sworn
affidavit as set forth in Section 230.50(c). Alternatively, the production
company's lead pyrotechnic operator may provide such proof. [225 ILCS
227/35(c-3)]
7) Identify
the OSFM approved lead pyrotechnic operator being employed by the company.
[225 ILCS 227/35(c-3)]
8) In
accordance with Section 230.280, a fingerprint card in the form and manner
required by ISP and the fee specified by ISP for processing fingerprint cards
through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50)
and through the FBI criminal history record files.
d) All
applications for approval of lead operators that may be employed by a production
company shall be signed by the applicant and submitted on forms provided by OSFM
and must be accompanied by the following additional information:
1) A
copy of the applicant's driver's license or other government issued
identification that includes the date of birth and photograph.
2) A photograph,
approximately 1¼" x 1½", taken within the preceding 2 years. The
photograph must show the applicant from a front view with his or her full face and
head and shoulders visible. OSFM will reject photographs showing the applicant
wearing sunglasses, hats, scarves, or any object that obscures the applicant's
identity.
3) A
copy of a current license or a Letter of Clearance from ATF issued to the
applicant for the type of pyrotechnic service or pyrotechnic display service
provided. In the event the applicant's license has expired, the applicant must
submit proof from ATF that the license is in the process of being renewed. A
current license or Letter of Clearance from ATF is required for both outdoor
and proximate audience licensing approvals. In the event the applicant has
only applied for an ATF explosives license or Letter of Clearance, the
applicant shall submit an affidavit, signed under penalty of perjury, with a
copy of the completed ATF application attached, acknowledging when he/she
submitted an application to ATF for processing.
4) In
the event the applicant participates in only flame effect displays, the
applicant shall submit an affidavit, signed under penalty of perjury,
acknowledging that he/she only participates in the safety, setup, discharge and
supervision of flame effect pyrotechnic displays. The affidavit shall
acknowledge that, with regard to the services provided, the applicant does not
transport, receive, distribute, possess, store or acquire for use any material that
requires an ATF license.
5) List
previous production company licenses held by the operator.
6) List
pyrotechnic licenses issued to the operator by other states.
7) Proof
that the applicant met the requirements of Section 230.65(a), (b) or (c), whichever
is applicable to the respective license.
8) References
from at least 3 individuals, who are not affiliated with the pyrotechnic
distributor who employs the applicant, who can verify the experience reported
or any training received by the applicant. All references must include the
name, address, phone number, and agency or organization represented by the
person submitting the reference. These references can be from permitting
officials, law enforcement officials who had oversight at a display, fire
department personnel who approved and reviewed pyrotechnic displays performed
by the applicant in the past, and other individuals who can attest to the
applicant's training, experience, and manner in performing displays. In
addition, these letters should identify the basis for the opinion expressed in
the letter, i.e., how does that person know the applicant and what facts
support the opinion expressed in the letter. A copy of a fully signed Illinois
Display Report may serve as a letter of reference.
9) In
accordance with Section 230.280, a fingerprint card in the form and manner
required by ISP and the fee specified by ISP for processing fingerprint cards
through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50)
and through the FBI criminal history record files.
e) Upon
receipt and review of the application, OSFM shall issue the appropriate license
or shall approve issuance of a license when employed by a production company or
shall notify the applicant of the reason for the denial of the license.
f) Depending
on an applicant's professional qualifications, as evidenced by information and
documents submitted with his/her application, and on the nature and extent of
an applicant's planned participation in permitted pyrotechnic displays, the
Office may, within its sole discretion, issue a temporary license to an
individual during the application process. The temporary license shall expire
upon receipt of the appropriate license or notification of denial of the
license.
g) Upon
issuance of a license to a production company, OSFM shall also issue a license
to the lead pyrotechnic operator that has been approved in accordance with
Section 230.100(d) and identified by the production company in its license
application as required in Section 230.100(c)(7).
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.105 APPLICATIONS RECEIVED BETWEEN JUNE 16 THROUGH JULY 5
Section 230.105
Applications Received Between June 16 through July 5
With the exception
of an application for a production company license or the issuance of a lead
operator license to an individual that was approved for a production company
lead operator's license, OSFM will not process any application for a new
license or to renew a license during the period of June 16 through July 5.
(Source:
Added at 34 Ill. Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.110 PROXIMATE AUDIENCE AND FLAME EFFECT LICENSING REVIEW COMMITTEE
Section 230.110 Proximate Audience and Flame Effect
Licensing Review Committee
The State Fire Marshal shall appoint a review committee to
review the experience and qualifications of an applicant for a proximate
audience or flame effect license, and recommend the type of license to be
issued.
a) The
committee shall consist of the following 3 members:
1) The
State Fire Marshal or his/her designee, as chair;
2)
One representative from a fire department that has experience in
permitting proximate audience and flame effect displays within its
jurisdiction; and
3)
One representative from a company that has experience in setting up and
firing proximate audience and flame effect displays.
b) Members
shall serve without salary, but may receive reimbursement for reasonable
expenses from OSFM from appropriations for such purposes, in accordance with 80
Ill. Adm. Code 2800.
c) All
members shall have one vote.
d) Members
shall serve a term of 2 years.
e) Upon
the expiration of a member's term of office, the State Fire Marshal shall
reappoint that member or appoint a successor who is a representative of the
same interests, as identified in subsection (a).
f) The
State Fire Marshal may, at any time, remove any of the respective appointees
for inefficiency or neglect of duty in office. In such instances, the State
Fire Marshal shall fill the vacancy for the remainder of the unexpired term by
appointing a member who is a representative of the same interests. Upon the
death or incapacity of a member, the State Fire Marshal shall fill the vacancy
for the remainder of the unexpired term by appointing a member who is a
representative of the same interests.
g) The
committee shall meet each calendar quarter to review applications and at
additional times as the committee deems necessary. The committee does not need
to meet if there are no applications to review.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.120 WRITTEN EXAMINATION FOR PROXIMATE AUDIENCE LICENSE AND/OR FLAME EFFECT LICENSE
Section 230.120 Written Examination for Proximate
Audience License and/or Flame Effect License
a)
An applicant for a proximate audience or flame effect license must have
completed a written examination administered by OSFM and achieved a passing
score of at least 80%.
b)
The written examination is designed to demonstrate the applicant's
knowledge of the Act, this Part, and NFPA 1126 and/or NFPA 160 standards
relating to safe practices for the storage, use, handling, discharge and
display of fireworks and flame effects.
c)
The examinations are administered by OSFM at times scheduled during each
calendar year. Contact OSFM to obtain the examination schedule. There is a $25
fee for taking the examination.
d)
Persons failing to achieve a passing score of at least 80% are eligible
to retake the examination after 30 days.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.130 USE OF ASSISTANTS
Section 230.130 Use of Assistants
No person may act as an assistant at any pyrotechnic display
or flame effect display who has not reached the age of 18 and met the
requirements of Section 35 of the Act. The
pyrotechnic assistant must be registered with OSFM by the licensed
distributor or the licensed production company on a form provided by OSFM prior
to the time when the assistant begins work as an employee on the pyrotechnic
display or pyrotechnic service. [225 ILCS 227/35(e)]
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.140 LICENSE RENEWAL
Section 230.140 License Renewal
a) A
license issued pursuant to this Part for distributors and their respective lead
pyrotechnic operators is valid for 3 years from the date of issuance.
b) An
approval for a lead pyrotechnic operator for a production company is valid for
a period of 3 years from the date of issuance.
c) A
license issued to a production company and its lead pyrotechnic operator is
valid for the term of the production company's insurance policy or for the time
specified by the production company, if shorter than the term of the insurance,
and shall in no event exceed one year from the date of issuance. The license
must be returned to OSFM upon expiration. If the license is not returned
within 15 days after expiration, the production company or lead pyrotechnic
operator shall not be issued a new license until the previous license is
returned.
d) Outdoor
professional, proximate audience and flame effect licensees, and holders of
production company lead operator approvals may renew
their license during the 60-day period
preceding and 60-day period following the expiration date by submitting a
renewal application on forms provided by OSFM, together with the required fee.
Renewal applications shall be submitted by the distributor by whom the licensee
is employed.
e) Any
license that is not renewed within 60 days following
its expiration will be cancelled. Except as set forth in subsection (i), any
requests after that date to renew or restore will be treated as a new
application.
f) The extended renewal periods under subsections (d)
and (i) do not allow a licensee to engage in any conduct or activities for
which a license is required during the 60-day period after the license's
expiration date.
g) In
addition, a licensee seeking to renew his/her outdoor professional, proximate
audience or flame effect license or production company lead pyrotechnic
operator licensing approval must include with the renewal application evidence
that the licensee participated in at least:
1) 2
pyrotechnic displays as a lead operator for an outdoor professional display
license;
2) 6
proximate audience displays for a proximate audience license; or
3) 6 flame
effect displays for a flame effect license.
h) Licensees
or production company lead pyrotechnic operator licensing approvals must
provide evidence of satisfactory completion of at least 6 hours of continuing education
in their respective area of licensure to ensure continued qualification of the
licensee. Continuing education may be conducted by a federal or state agency,
by an independent organization that has experience in the subject matter, or by
the distributor.
i) 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. [225 ILCS 227/50(b)] These licensees
must satisfy all other requirements of this Section in order to renew a
license. Proof of service discharge date will be required to receive a waiver
of fees.
j) In
addition to meeting all the requirements of this Section, a licensee failing to
renew with 60 days after the end of the license period shall be assessed a
reinstatement fee of $100, in addition to the renewal fees.
(Source: Amended at 35 Ill.
Reg. 15064, effective September 1, 2011)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.150 FEES
Section 230.150 Fees
The following
license fees will be invoiced to the applicant upon review and approval of the
application, shall be paid to OSFM for administration of the Act and are
non-refundable:
|
Production Company License
|
$200
|
|
|
|
|
Production Company Lead Pyrotechnic Operator License
|
$100
|
|
|
|
|
Pyrotechnic Distributor License and each renewal
|
$500
|
|
|
|
Limited Pyrotechnic Distributor License and each renewal
(only available for political subdivisions of the State)
|
$50
|
|
|
|
Production Company Lead Operator Approval
|
$0
|
|
|
|
|
Outdoor Professional License and each renewal
|
$100
|
|
|
|
Proximate Audience License, Limited Proximate Audience License
and each renewal
|
$300
|
|
|
|
Flame Effect License, Limited Flame Effect License and
each renewal
|
$300
|
|
|
|
Replacement license (lost, stolen, or destroyed) or
duplicate license (worn, damaged, or address change)
|
$25
|
|
|
|
|
License Reinstatement Fee
|
$100
|
(Source: Amended at 35 Ill.
Reg. 15064, effective September 1, 2011)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.160 POSSESSION OF LICENSE
Section 230.160 Possession of License
The lead operator must be in possession of, and be able to
produce, his/her license upon request at all times during delivery, setup, and
performance of the display or pyrotechnic service.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.170 NOTIFICATION TO OFFICE
Section 230.170 Notification to Office
a) Written
communication with OSFM, as identified in this Part, shall be mailed to:
Office of the State Fire Marshal
Pyrotechnic Licensing
1035 Stevenson Drive
Springfield, Illinois 62703-4259
b) The
licensee shall notify OSFM in writing within 5 business days after the
following events:
1) Discovery
that his/her license has been lost, stolen or destroyed.
2) ATF
license has expired or ATF has terminated, suspended or revoked a license or
Letter of Clearance. A copy of any written notice of termination, suspension
or revocation shall be sent to OSFM.
3) DNR
explosives license has expired or DNR has terminated, suspended or revoked the
license. A copy of any written notice of termination, suspension or revocation
shall be sent to OSFM.
4) USDOT
has changed the licensee's Identification Number. Proof of the licensee's new Identification
Number shall be sent to OSFM.
5) USDOT
has changed the licensee's Hazardous Materials Registration Number. Proof of
the licensee's new registration number shall be sent to OSFM.
6) The
licensee's insurance company or the licensee has changed any of its insurance
coverage. A new Certificate of Insurance showing proof of not less than $1,000,000
in product liability insurance, $1,000,000 in general liability insurance and
proof of Illinois Workers' Compensation insurance shall be sent to OSFM. [225
ILCS 227/35] The insurance coverage shall provide for 30 days minimum coverage
prior to written notice of cancellation to OSFM and shall comply with Section
230.100(a)(4). A production company distributor licensee shall send a new
Certificate of Insurance and copy of the policy showing proof of not less
than $2,000,000 in general liability insurance and proof of Illinois
Workers' Compensation insurance. The insurance coverage shall provide
for a minimum of 30 days coverage after written notice to OSFM of cancellation
and shall comply with Section 230.100. The insurer shall not cancel the
insured's coverage or remove an additional insured from the policy coverage
without notifying OSFM in writing at least 15 days before cancellation.
[225 ILCS 227/35]
7) A distributor
licensee or production company licensee has changed its officers. A sworn
statement listing all of the distributor's current officers' names and personal
addresses, and copies of each officer's driver's license, shall be sent to OSFM.
8) A distributor
licensee or production company licensee no longer employs a lead operator. The
distributor licensee or production company licensee shall provide OSFM with the
full name and last known address of the lead operator.
c) The licensee
shall notify OSFM in writing within 10 days after a change in his/her address
or name. Proof that the change in address or name had been done in accordance
with the law shall be sent to OSFM.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.180 REPLACEMENT AND DUPLICATE LICENSE
Section 230.180 Replacement
and Duplicate License
a) At
any time a license has been lost, stolen or destroyed, the licensee shall
notify OSFM as required in Section 230.170. Upon receipt of the written
notification and the replacement license fee, OSFM will issue a replacement
license.
b) At
any time a license becomes worn or damaged to the extent that it is illegible
in any respect, or the licensee changes his/her address or name, the license
must be returned to OSFM. Upon receipt of the original license, proof of any
changes necessary to maintain correct information as required in Section
230.170, and the duplicate license fee, OSFM will issue a duplicate license.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.190 REPORT OF THEFT OR LOSS OF FIREWORKS
Section 230.190 Report of Theft or Loss of Fireworks
a) A
licensee shall report the theft or loss of fireworks to local law enforcement, DNR,
and ATF and to OSFM, by telephone, immediately after discovery. OSFM may be reached at 217-785-0969
during normal working hours and at the Illinois Emergency Management Agency
dispatch number, 800-782-7860, outside normal working hours.
b) Within
24 hours after discovery of the loss or theft, OSFM must be provided written
notice that includes a complete description of the fireworks, including the
manufacturer, brand name, any manufacturer marking and quantity, and a
description of the circumstances surrounding the theft or loss. The written
notice shall also identify local law enforcement agencies contacted by the
licensee and shall be executed under penalty of perjury.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.200 REPORTING OF PROFESSIONAL, PROXIMATE AUDIENCE AND FLAME EFFECT DISPLAYS
Section 230.200 Reporting of Professional, Proximate
Audience and Flame Effect Displays
a) Each
licensee shall file an Illinois Display Report with OSFM within 30 days
following any pyrotechnic display in which he/she acted as the lead operator.
The report shall be filed on forms provided by OSFM and shall include the names
and signatures of all lead operators and assistants.
b) The
lead operator shall fill out the Pyrotechnic Duties Report of assistants. The
Illinois Display Report 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.
c) The
licensee shall maintain a copy of the Illinois Display Report and also record
and maintain with the report the manufacturer or type, quantity and description
of the fireworks.
d) Licensee
shall keep the record for a minimum of 4 years from the date of the display.
e) OSFM
may require other information from the licensee relating to displays (for
example, how safe was the device, how was the device used, why was this device
chosen over another, what type of powder was used, etc.).
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.210 REPORT OF INJURY OR PROPERTY DAMAGE
Section 230.210 Report of Injury or Property Damage
a) The
licensee shall notify OSFM immediately after the
following incident:
1) A fire;
2) An
injury to any person resulting from the display; or
3) Damage
to property in excess of $500, in the aggregate, resulting from the display.
b) OSFM may be reached at 217-785-0969 during
normal working hours and at the Illinois Emergency Management Agency dispatch
number, 800-782-7860, outside normal working hours.
c) The
licensee shall submit a written report to OSFM within 3 days following a
fireworks display conducted by the licensee if any of the following occurred:
1) Any of
the incidents identified in subsection (a); or
2) Whenever
an unsafe or defective pyrotechnic product or equipment was used or observed.
d) OSFM
may require other information from the licensee relating to fireworks displays.
e) All
pyrotechnic materials must be stored in accordance with regulations following
personal injury, property damage in excess of $500 or a fire until an
investigation has been completed by OSFM.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.220 INSPECTIONS
Section 230.220 Inspections
a) A
licensee shall make all records required pursuant to Sections 230.190, 230.200
and 230.210 available to authorized representatives of OSFM or the local
governmental agency having jurisdiction.
b) A
licensee shall permit the display site and licensee's facility to be inspected
at all reasonable times by representatives of OSFM or the local governmental
agency.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.230 IMMEDIATE SUSPENSION
Section 230.230 Immediate Suspension
a) OSFM
shall issue an order immediately suspending the license whenever OSFM finds,
based upon reasonable belief from on-site observation, record inspection by OSFM
personnel, information received from law enforcement personnel or information
received from the public, that a licensee:
1) Permitted
a person to act as an assistant who did not meet the requirements of Section
230.130;
2) Permitted
a lead operator to work for a production company under a license previously
issued to a separate production company;
3) Violated
the Act, this Part or compliance standard that may cause death or serious
injury; or
4) Participated
in an unsafe or illegal act or acts pertaining to pyrotechnics in such a manner
that the licensee's continued operations constitute a danger to the public.
b) OSFM
shall serve its order of immediate suspension of a license under this Section
by personal service. The order shall also be sent by certified mail to the
licensee's last known address.
c) OSFM
shall serve with the order of immediate suspension a notice containing the
information set forth in subsection (a).
(Source: Amended at 35 Ill.
Reg. 15064, effective September 1, 2011)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.240 ADMINISTRATIVE ACTIONS
Section 230.240 Administrative Actions
Failure to comply with the Act and this Part may subject a
licensee to administrative action, including, but not limited to, revocation,
suspension, probation, or refusal to issue or renew a license.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.250 APPEAL OF AN ADMINISTRATIVE ACTION
Section 230.250 Appeal of an Administrative Action
a) Any
person aggrieved by a decision, order or ruling of OSFM may, as a matter of
right, appeal that action.
b) All appeal requests
shall:
1) Be in writing;
2) Contain
an address and telephone number where the appellant may be notified of the time
and place of the hearing; and
3) Set
forth the reasons why the action of OSFM should be reversed or modified.
c) Appeals
from a decision, order or ruling of the State Fire Marshal or his/her designees
shall be instituted by filing a written request for a hearing no later than 10
days following receipt of the notice of the action. Requests will be deemed to
be timely if they are postmarked no later than the time period allowed.
d)
The appeal request shall be mailed to:
Office of the
State Fire Marshal
1035 Stevenson Drive
Springfield, Illinois
62703-4259
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.260 MODIFICATIONS TO NFPA 1126
Section 230.260 Modifications to NFPA 1126
NFPA 1126, Use of Pyrotechnics Before a Proximate Audience,
is modified to include the following additional requirements:
a)
Definitions for use in this Section:
"Loading" refers to
preparing or mixing for use pyrotechnic material.
"Mixing
room" means the room within the facility used for mixing or loading of
pyrotechnic materials. The room shall be secure and shall be proximate to the
display area.
b) The
following are additions to the requirements of Chapter 5 (Storage of
Pyrotechnic Materials and Devices):
1) At
any time pyrotechnic materials are stored within the facility, they must be
stored in the on-site storage magazine that must be, at minimum, a Type 3
Storage "Day Box" that complies with the requirements set forth by ATF
and/or DNR (62 Ill. Adm. Code 200.700) for Type 3 magazines. The magazine
shall be located in the mixing room.
2) All
pyrotechnic material in the lead operator's possession, when not in use or
being loaded, must be stored in the magazine.
3) The mixing
room shall be placarded with a "1.4G" USDOT standard placard and a
"No Smoking" placard that is 8½" x 11" with 1"
lettering.
4) At
least one approved 2½ gallon pressurized water fire extinguisher shall be located
within 10' of the mixing room and the door shall be locked when not attended.
The lead operator shall have a key to the room.
5) The mixing
room shall not have carpeting on the floor.
c) In
addition to the requirements of Chapter 8.1 (General Fire Protection), at least
4 pressurized water or pump extinguishers shall be readily available for use
(with the manufacturer's instructions).
d) The
following are additions to the requirements of Chapter 8.2 (Firing
Prerequisites):
1) At no
time shall the path of a rocket or grid rocket pass directly over an audience
in its travel.
2) All
temporary suspended truss components, whether supported from the
ground or from a building's ceiling, shall have either a steel aircraft
cable 3/8" galvanized wire rope safety backup protecting standard polyester
spansets (polyester roundslings) or use GACflexä
wire rope soft sling to attach truss to the chain motor.
e) Section
8.3.6 of Chapter 8.3 (Firing Safeguards) is deleted in its entirety and
replaced with the following:
1)
Warning signal lights must be used to indicate the impending firing of a
concussion special effect. The warning signal lights shall be located at least
25' from the concussion effect but within a distance to warn working personnel
and other individuals of the impending concussion effect firing.
2)
Warning signs shall be posted backstage and onstage by the warning light
to indicate the purpose of the warning signal lights.
f) In
addition to the requirements of Chapter 8.3 (Firing Safeguards), prior to
commencement of the live entertainment, an announcement to the patrons of the
licensed premises must be made to inform the patrons of the locations of exits
and fire escapes at the licensed premises.
g) Section
8.5.7 of Chapter 8.5 (Safety Precautions) is deleted in its entirety and replaced
with the following:
The lead operator and assistants
shall wear safety glasses and clothing made of cotton during the preparation
and loading of the pyrotechnic devices.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.270 MODIFICATIONS TO NFPA 160
Section 230.270 Modifications to NFPA 160
NFPA 160, Flame Effects Before an Audience, is modified to
include the following additional requirements:
a) Definitions for use in
this Section:
"Armed" means
confirmation of ignition source.
"Arming" means the key
is in the on position, sending a signal to the FSU to light pilot for flame
verification.
"Enable" means the
system has power, safety valve open, accumulator charging/propane lines
charging.
"ESSV" means Electronic
Solenoid Safety Valve.
"FSU" means the Flame
Safety Unit, a UL-Approved device to confirm an ignition source.
"Fuel tank" means the
tank containing propane.
"Torch" means a gas
flame effect no higher than 8" continuously burning, Group I effect.
b) The
following are additions to the requirements of Chapter 7 (Use of Flame Effects):
1) There
shall be a horizontal clearance of at least 10' between the effect and any
overhead obstructions.
2) There
shall be a horizontal clearance of at least 10' from any spotlight operator.
3) All
temporary suspended truss components, whether supported from the ground or from
a building's ceiling, shall have either a steel aircraft cable 3/8"
galvanized wire rope safety backup protecting standard polyester spansets
(polyester roundslings) or use GACflexä
wire rope soft sling to attach truss to the chain motor.
c) The
following Sections of Chapter 9 (System Components, Flame Effects Control
Systems, and Design) are deleted in their entirety and replaced as follows:
9.1.1. All
flame effect control systems shall be designed and installed to prevent
accidental firing and unintentional release of fuel. All firing systems must
have at least one key safety interlock and that key should be with the Flame
Operator when the unit is not in use.
9.3.2.2. The
amount of fuels that are supplied to the flame effects shall be limited to that
amount necessary for operation.
9.3.3. All
flame effect control systems shall be manually and automatically enabled
according to a prescribed sequence of operations outlined in the plan, which
prepares the flame effect for subsequent arming and firing.
9.3.4. The
arming of the effect shall be manually and automatically monitored and
confirmed until the effect is fired.
d) The
following are additions to the requirements of Chapter 9 (System Components,
Flame Effects Control Systems, and Design):
1) The
maximum fuel tank size allowed inside a building or facility is 20 lbs.
2) Hoses
shall be located and protected to minimize exposure to physical damage or
exposure to abnormally high temperatures, such as temperatures that might
result from exposure to convection or radiation from heating equipment. Hoses
shall be free from cuts or defects. Identified cuts or defects shall not be
repaired. Defective or cut hoses shall be replaced. Hose that is exposed to
moisture shall be constructed of noncorrosive materials or shall be protected
against external corrosion.
3) The hose, at no time,
shall extend through the audience or seating area.
4) The
hose shall not extend from one room to another or pass through any partitions,
walls, ceilings, or floors.
5) If
more than one such cylinder is located in a room, the cylinders shall be
separated by at least 20'.
6) All
system components, including but not limited to hoses and connectors, shall be
listed for their intended use and compatible with the products they contain.
7) Any
accumulators or hose shall be purged of all fuel prior to removal from its
location.
8) Appendices A and B of this Part are added
to provide for the minimum layout of propane flame effect devices.
9) All
flame effect displays allowed before an audience are limited to Group V or
Group VI control systems.
e) The
following are additions to the requirements of Chapter 11 (Fire Protection
Provisions):
1) At
least 4 pressurized water or pump extinguishers shall be readily available for
use (with the manufacturer's instructions).
2) Prior
to commencement of the live entertainment, an announcement to the patrons of
the licensed premises must be made to inform the patrons of the locations of
exits and fire escapes at the licensed premises.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.280 CRIMINAL HISTORY INVESTIGATION
Section 230.280 Criminal History Investigation
a) The
applicant shall submit with his or her application a fingerprint card, using
one of the methods identified in subsection (b) or (c) to enable ISP to
conduct a criminal history check on the applicant. [225 ILCS 227/40]
b) An
applicant may submit his/her fingerprints electronically to ISP through a
certified Livescan vendor. The applicant must notify the Livescan vendor that
the Purpose Code for the criminal history check is PDA, and the ORI number for OSFM
is IL920690Z. When the Livescan vendor transmits the applicant's fingerprints
to ISP, the Livescan vendor will collect the fee specified by ISP for
processing fingerprint cards through the ISP and FBI criminal history record
files and any additional processing fee charged by the Livescan vendor.
c) In
the event the applicant cannot submit his/her fingerprints through electronic
means, he/she must obtain a Fee Applicant Card from ISP. An applicant may
telephone the ISP Supply Room, 815-740-5160, listen to the automated attendant
and select Customer Support. Because the Fee Applicant Card has a unique
Transaction Control Number assigned to it, which ISP uses to process the
criminal history check, fingerprint cards from other jurisdictions will not be
accepted. Once completed, the applicant should mail the Fee Applicant Card
directly to ISP at the address shown on the card, with the required processing
fee described in subsection (d).
d) An
applicant who submits his/her fingerprints directly to ISP on a Fee Applicant
Card shall pay the fee specified by ISP for processing fingerprint cards
through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50)
and through the FBI criminal history record files. The ISP required processing
fee may be made payable to the State Police Services Fund and shall be remitted
to ISP for deposit into that Fund (see 225 ILCS 227/40).
e) If an
applicant is a business entity, all officers of the applicant shall submit a
fingerprint card for a criminal history investigation in the form and manner
identified in this Section.
(Source: Amended at 34 Ill.
Reg. 16524, effective October 6, 2010)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.290 MUSIC ENTERTAINMENT PYROTECHNICS TASK FORCE
Section 230.290 Music Entertainment Pyrotechnics Task
Force
The Music Entertainment Task Force is established to study
pyrotechnic displays and pyrotechnic services in the indoor and outdoor music
industry in the State.
a) The Task Force shall
consist of five members.
1) The
Speaker of the House of Representatives shall appoint two members.
2) The
Minority Leader of the House of Representatives shall appoint two members.
3) OSFM shall
appoint one member.
b) The Task Force members
shall serve without salary.
c) The Task Force will meet
as necessary.
d) OSFM will provide all
staffing and administrative support for the Task Force.
e) The
findings of the Task Force shall be reported to the House of Representatives by
filing copies of the report with the Clerk of the House of Representatives no
later than January 1, 2011.
(Source: Added at 34 Ill.
Reg. 16524, effective October 6, 2010)
Section 230.APPENDIX A Propane Flow Diagram: Standard with No Accumulator
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.APPENDIX A PROPANE FLOW DIAGRAM: STANDARD WITH NO ACCUMULATOR
Section 230.APPENDIX A Propane Flow Diagram: Standard
with No Accumulator
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Supply
Gas Inlet
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Manual Shutoff
Valve
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Safety
Shutoff
Valve
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Safety Effects
Valve
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Igniter
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N/C
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Effect
Burner
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Propane
nuts to be of the self sealing type or a manual shutoff valve to prevent fuel
backflow
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Pilot Flame
Sensing Element
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| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 230
PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES
SECTION 230.APPENDIX B PROPANE FLOW DIAGRAM: STANDARD WITH ACCUMULATOR
Section 230.APPENDIX B Propane Flow Diagram: Standard
with Accumulator
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Pressure Regulator
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Safety Pilot
Valve
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Inlet
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Supply
Gas Inlet
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Valve
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Gas
 Pressure Regulator
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Safety Shutoff
Valve
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Accumulator
Charge
 Valve
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Pressure
Relief
Valve
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Safety Effects
Valve
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Igniter
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Burner
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Propane
nuts to be of the self sealing type or a manual shutoff valve to prevent fuel
backflow
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Sensing Element
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