Illinois General Assembly - Full Text of HB2168
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Full Text of HB2168  102nd General Assembly



State of Illinois
2021 and 2022


Introduced 2/17/2021, by Rep. Jim Durkin


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

    Amends the Pyrotechnic Use Act. Makes a technical change in a Section concerning definitions.

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HB2168LRB102 12400 CPF 17737 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 the
8following words 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 snake or glow worm



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1pellets; smoke devices; trick noisemakers known as "party
2poppers", "booby traps", "snappers", "trick matches",
3"cigarette loads", and "auto burglar alarms"; sparklers; toy
4pistols, toy canes, toy guns, or other devices in which paper
5or plastic caps containing twenty-five hundredths grains or
6less of explosive compound are used, provided they are so
7constructed that the hand cannot come in contact with the cap
8when in place for the explosion; and toy pistol paper or
9plastic caps that contain less than twenty hundredths grains
10of explosive mixture; the sale and use of which shall be
11permitted 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.
26    "Flame effect" means the detonation, ignition, or



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1deflagration of flammable gases, liquids, or special materials
2to produce a thermal, physical, visual, or audible effect
3before the public, invitees, or licensees, regardless of
4whether admission is charged, in accordance with National Fire
5Protection Association 160 guidelines, and as may be further
6defined in the Pyrotechnic Distributor and Operator Licensing
8    "Lead pyrotechnic operator" means an individual who is
9responsible for the safety, setup, and discharge of the
10pyrotechnic display or pyrotechnic service and who is licensed
11pursuant to the Pyrotechnic Distributor and Operator Licensing
13    "Person" means an individual, firm, corporation,
14association, partnership, company, consortium, joint venture,
15commercial entity, state, municipality, or political
16subdivision of a state or any agency, department, or
17instrumentality of the United States and any officer, agent,
18or employee of these entities.
19    "Production company" means any person in the film, digital
20and video media, television, commercial, music, or theatrical
21stage industry who provides pyrotechnic services or
22pyrotechnic display services as part of a film, digital and
23video media, television, commercial, music, or theatrical
24production in the State of Illinois and is licensed by the
25Office pursuant to the Pyrotechnic Distributor and Operator
26Licensing Act.



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