Illinois General Assembly - Full Text of SB3039
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Full Text of SB3039  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/5/2022, by Sen. Thomas Cullerton


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

    Amends the Pyrotechnics Use Act. Provides that "consumer fireworks", "display fireworks", and "flame effect" do not include 1.3G fireworks.

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SB3039LRB102 22781 CPF 31930 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Pyrotechnic Use Act is amended by changing
5Section 1 as follows:
6    (425 ILCS 35/1)  (from Ch. 127 1/2, par. 127)
7    Sec. 1. Definitions. As used in this Act, the following
8words shall have the following meanings:
9    "1.3G fireworks" means those fireworks used for
10professional outdoor displays and classified as fireworks
11UN0333, UN0334, or UN0335 by the United States Department of
12Transportation under 49 C.F.R. 172.101.
13    "Consumer distributor" means any person who distributes,
14offers for sale, sells, or exchanges for consideration
15consumer fireworks in Illinois to another distributor or
16directly to any retailer or person for resale.
17    "Consumer fireworks" means those fireworks that must
18comply with the construction, chemical composition, and
19labeling regulations of the U.S. Consumer Products Safety
20Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
21classified as fireworks UN0336 or UN0337 by the United States
22Department of Transportation under 49 C.F.R. 172.101.
23"Consumer fireworks" shall not include 1.3G fireworks; snake



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1or glow worm pellets; smoke devices; trick noisemakers known
2as "party poppers", "booby traps", "snappers", "trick
3matches", "cigarette loads", and "auto burglar alarms";
4sparklers; toy pistols, toy canes, toy guns, or other devices
5in which paper or plastic caps containing twenty-five
6hundredths grains or less of explosive compound are used,
7provided they are so constructed that the hand cannot come in
8contact with the cap when in place for the explosion; and toy
9pistol paper or plastic caps that contain less than twenty
10hundredths grains of explosive mixture; the sale and use of
11which shall be permitted at all times.
12    "Consumer fireworks display" or "consumer display" means
13the detonation, ignition, or deflagration of consumer
14fireworks to produce a visual or audible effect.
15    "Consumer operator" means an adult individual who is
16responsible for the safety, setup, and discharge of the
17consumer fireworks display and who has completed the training
18required in Section 2.2 of this Act.
19    "Consumer retailer" means any person who offers for sale,
20sells, or exchanges for consideration consumer fireworks in
21Illinois directly to any person with a consumer display
23    "Display fireworks" means 1.3G or special effects
24fireworks or as further defined in the Pyrotechnic Distributor
25and Operator Licensing Act. "Display fireworks" does not
26include 1.3G fireworks.



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1    "Flame effect" means the detonation, ignition, or
2deflagration of flammable gases, liquids, or special materials
3to produce a thermal, physical, visual, or audible effect
4before the public, invitees, or licensees, regardless of
5whether admission is charged, in accordance with National Fire
6Protection Association 160 guidelines, and as may be further
7defined in the Pyrotechnic Distributor and Operator Licensing
8Act. "Flame effect" does not include 1.3G fireworks.
9    "Lead pyrotechnic operator" means an individual who is
10responsible for the safety, setup, and discharge of the
11pyrotechnic display or pyrotechnic service and who is licensed
12pursuant to the Pyrotechnic Distributor and Operator Licensing
14    "Person" means an individual, firm, corporation,
15association, partnership, company, consortium, joint venture,
16commercial entity, state, municipality, or political
17subdivision of a state or any agency, department, or
18instrumentality of the United States and any officer, agent,
19or employee of these entities.
20    "Production company" means any person in the film, digital
21and video media, television, commercial, music, or theatrical
22stage industry who provides pyrotechnic services or
23pyrotechnic display services as part of a film, digital and
24video media, television, commercial, music, or theatrical
25production in the State of Illinois and is licensed by the
26Office pursuant to the Pyrotechnic Distributor and Operator



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1Licensing Act.
2    "Pyrotechnic display" means the detonation, ignition, or
3deflagration of display fireworks or flame effects to produce
4visual or audible effects of an exhibitional nature before the
5public, invitees, or licensees, regardless of whether
6admission is charged, and as may be further defined in the
7Pyrotechnic Distributor and Operator Licensing Act.
8    "Pyrotechnic distributor" means any person who distributes
9display fireworks for sale in the State of Illinois or
10provides them as part of a pyrotechnic display service in the
11State of Illinois or provides only pyrotechnic services and is
12licensed by the Office pursuant to the Pyrotechnic Distributor
13and Operator Licensing Act.
14    "Pyrotechnic service" means the detonation, ignition, or
15deflagration of display fireworks, special effects, or flame
16effects to produce a visual or audible effect.
17    "Special effects fireworks" means pyrotechnic devices used
18for special effects by professionals in the performing arts in
19conjunction with theatrical, musical, or other productions
20that are similar to consumer fireworks in chemical
21compositions and construction, but are not intended for
22consumer use and are not labeled as such or identified as
23"intended for indoor use". "Special effects fireworks" are
24classified as fireworks UN0431 or UN0432 by the United States
25Department of Transportation under 49 C.F.R. 172.101.
26(Source: P.A. 99-642, eff. 7-28-16.)