Full Text of SB1821 94th General Assembly
SB1821enr 94TH GENERAL ASSEMBLY
|
|
|
SB1821 Enrolled |
|
LRB094 09820 LJB 40076 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Pyrotechnic Operator Licensing Act is | 5 |
| amended by changing Section 5 as follows:
| 6 |
| (225 ILCS 227/5)
| 7 |
| Sec. 5. Definitions. In this Act:
| 8 |
| "Display fireworks" means any substance or article defined | 9 |
| as a Division
1.3G explosive or special effects fireworks
1.4 | 10 |
| explosive by the United States Department of Transportation | 11 |
| under
49 CFR 173.50, except a substance or article exempted | 12 |
| under the Fireworks Use
Act .
| 13 |
| "Fireworks" has the meaning given to that term in the | 14 |
| Fireworks Use Act.
| 15 |
| "Lead pyrotechnic operator" means the individual with | 16 |
| overall
responsibility
for the safety, setup, discharge, and | 17 |
| supervision of a pyrotechnic display.
| 18 |
| "Office" means Office of the State Fire Marshal.
| 19 |
| "Person" means an individual, firm, corporation, | 20 |
| association,
partnership,
company, consortium, joint venture, | 21 |
| commercial entity, state,
municipality, or
political | 22 |
| subdivision of a state or any agency, department, or
| 23 |
| instrumentality of the
United States and any officer, agent, or | 24 |
| employee of these entities.
| 25 |
| "Pyrotechnic display" or "display" means the detonation, | 26 |
| ignition, or
deflagration of display fireworks or flame effects
| 27 |
| to produce a visual or audible effect of an
exhibitional nature | 28 |
| before the public, invitees, or licensees, regardless of
| 29 |
| whether admission is charged.
| 30 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 31 |
| Section 10. The Fireworks Use Act is amended by changing |
|
|
|
SB1821 Enrolled |
- 2 - |
LRB094 09820 LJB 40076 b |
|
| 1 |
| Sections 1, 2, 4.1, and 5 and by adding Sections 2.1, 2.2, and | 2 |
| 2.3 as follows:
| 3 |
| (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
| 4 |
| Sec. 1. Definitions. As used in this Act, the following | 5 |
| words shall have the following meanings: | 6 |
| "1.3G fireworks" means those fireworks used for | 7 |
| professional outdoor displays and classified as fireworks | 8 |
| UN0333, UN0334, or UN0335 by the United States Department of | 9 |
| Transportation under 49 C.F.R. 172.101. | 10 |
| "Consumer distributor" means any person who distributes, | 11 |
| offers for sale, sells, or exchanges for consideration consumer | 12 |
| fireworks in Illinois to another distributor or directly to any | 13 |
| retailer or person for resale. | 14 |
| "Consumer fireworks" means those fireworks that must | 15 |
| comply with the construction, chemical composition, and | 16 |
| labeling regulations of the U.S. Consumer Products Safety | 17 |
| Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | 18 |
| classified as fireworks UN0336 or UN0337 by the United States | 19 |
| Department of Transportation under 49 C.F.R. 172.101. | 20 |
| "Consumer fireworks"
shall not include snake or glow worm | 21 |
| pellets; smoke devices; trick noisemakers
known as "party | 22 |
| poppers", "booby traps", "snappers", "trick matches", | 23 |
| "cigarette
loads", and "auto burglar alarms"; sparklers; toy | 24 |
| pistols, toy
canes, toy guns, or other devices in
which paper | 25 |
| or plastic caps containing twenty-five hundredths grains or
| 26 |
| less of explosive compound are used, provided they are so | 27 |
| constructed that
the hand cannot come in contact with the cap | 28 |
| when in place for the
explosion; and toy pistol paper or | 29 |
| plastic caps that contain less than
twenty hundredths grains of | 30 |
| explosive mixture; the sale and use of which
shall be permitted | 31 |
| at all times. | 32 |
| "Consumer fireworks display" or "consumer display" means | 33 |
| the detonation, ignition, or deflagration of consumer | 34 |
| fireworks to produce a visual or audible effect. | 35 |
| "Consumer operator" means an adult individual who is |
|
|
|
SB1821 Enrolled |
- 3 - |
LRB094 09820 LJB 40076 b |
|
| 1 |
| responsible for the safety, setup, and discharge of the | 2 |
| consumer fireworks display and who has completed the training | 3 |
| required in Section 2.2 of this Act. | 4 |
| "Consumer retailer" means any person who offers for sale, | 5 |
| sells, or exchanges for consideration consumer fireworks in | 6 |
| Illinois directly to any person with a consumer display permit. | 7 |
| "Display fireworks" means 1.3G or special effects | 8 |
| fireworks or as further defined in the Pyrotechnic Operator | 9 |
| Licensing Act. | 10 |
| "Flame effect" means the detonation, ignition, or | 11 |
| deflagration of flammable gases, liquids, or special materials | 12 |
| to produce a thermal, physical, visual, or audible effect | 13 |
| before the public, invitees, or licensees, regardless of | 14 |
| whether admission is charged, in accordance with National Fire | 15 |
| Protection Association 160 guidelines, and as may be further | 16 |
| defined in the Pyrotechnic Operator Licensing Act. | 17 |
| "Lead pyrotechnic operator" means an individual who is | 18 |
| responsible for the safety, setup, and discharge of the | 19 |
| pyrotechnic display and who is licensed pursuant to the | 20 |
| Pyrotechnic Operator Licensing Act. | 21 |
| "Person" means an individual, firm, corporation, | 22 |
| association, partnership, company, consortium, joint venture, | 23 |
| or commercial entity.
| 24 |
| "Pyrotechnic display" means the detonation, ignition, or | 25 |
| deflagration of display fireworks or flame effects to produce | 26 |
| visual or audible effects of a exhibitional nature before the | 27 |
| public, invitees, or licensees, regardless of whether | 28 |
| admission is charged, and as may be further defined in the | 29 |
| Pyrotechnic Operator Licensing Act. | 30 |
| "Special effects fireworks" means pyrotechnic devices used | 31 |
| for special effects by professionals in the performing arts in | 32 |
| conjunction with theatrical, musical, or other productions
| 33 |
| that are similar to consumer fireworks in chemical compositions
| 34 |
| and construction, but are not intended for consumer use and are
| 35 |
| not labeled as such or identified as "intended for indoor use".
| 36 |
| "Special effects fireworks" are classified as fireworks UN0431
|
|
|
|
SB1821 Enrolled |
- 4 - |
LRB094 09820 LJB 40076 b |
|
| 1 |
| or UN0432 by the United States Department of Transportation
| 2 |
| under 49 C.F.R. 172.101. | 3 |
| The term fireworks shall mean and include any explosive
| 4 |
| composition, or any substance or combination of substances, or | 5 |
| article
prepared for the purpose of producing a visible or | 6 |
| audible effect of a
temporary exhibitional nature by explosion, | 7 |
| combustion, deflagration or
detonation, and shall include | 8 |
| blank cartridges, toy cannons, in which
explosives are used, | 9 |
| the type of balloons which require fire underneath to
propel | 10 |
| the same, firecrackers, torpedoes, skyrockets, Roman candles, | 11 |
| bombs,
or other fireworks of like construction and any | 12 |
| fireworks
containing any explosive compound, or any tablets or | 13 |
| other device
containing any explosive substance, or containing | 14 |
| combustible substances
producing visual effects: provided, | 15 |
| however, that the term "fireworks"
shall not include snake or | 16 |
| glow worm pellets; smoke devices; trick noisemakers
known as | 17 |
| "party poppers", "booby traps", "snappers", "trick matches", | 18 |
| "cigarette
loads" and "auto burglar alarms"; sparklers; toy | 19 |
| pistols, toy
canes, toy guns, or other devices in
which paper | 20 |
| or plastic caps containing twenty-five hundredths grains or
| 21 |
| less of explosive compound are used, providing they are so | 22 |
| constructed that
the hand cannot come in contact with the cap | 23 |
| when in place for the
explosion; and toy pistol paper or | 24 |
| plastic caps which contain less than
twenty hundredths grains | 25 |
| of explosive mixture; the sale and use of which
shall be | 26 |
| permitted at all times.
| 27 |
| (Source: P.A. 83-474.)
| 28 |
| (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
| 29 |
| Sec. 2. Possession, sale, and use of fireworks.
Except as | 30 |
| hereinafter provided it shall be unlawful for any
person, firm, | 31 |
| co-partnership, or corporation to knowingly possess, offer
for | 32 |
| sale, expose
for sale, sell at retail, or use or explode any | 33 |
| display fireworks, flame effects, or consumer fireworks; | 34 |
| provided that
city councils in cities, the president and board | 35 |
| of trustees in villages
and incorporated towns, and outside the |
|
|
|
SB1821 Enrolled |
- 5 - |
LRB094 09820 LJB 40076 b |
|
| 1 |
| corporate limits of cities,
villages and incorporated towns, | 2 |
| the county board, shall have power to
adopt reasonable rules | 3 |
| and regulations for the granting of permits for
pyrotechnic and | 4 |
| consumer displays.
supervised public displays of fireworks. | 5 |
| Every such display shall be
handled by a competent individual | 6 |
| who is licensed as a lead pyrotechnic
operator. Application for | 7 |
| permits shall be made in writing at
least 15 days in advance of | 8 |
| the date of the display and action
shall be taken on such | 9 |
| application within 48 hours after
such application is made. | 10 |
| After such privilege shall have been granted,
sales, | 11 |
| possession, use and distribution of fireworks for such display
| 12 |
| shall be lawful for that purpose only. No permit granted | 13 |
| hereunder shall
be transferable.
| 14 |
| Permits may be granted hereunder to any groups of 3 or more
| 15 |
| adult individuals applying therefor. No permit shall be | 16 |
| required, under
the provisions of this Act, for supervised | 17 |
| public displays by State or
County fair associations.
| 18 |
| The governing body shall require proof of insurance from | 19 |
| the
permit applicant in a sum not
less than $1,000,000 | 20 |
| conditioned on compliance with the
provisions of this law
and | 21 |
| the regulations of the State Fire Marshal adopted hereunder, | 22 |
| except
that no municipality shall be required to provide | 23 |
| evidence of insurance.
| 24 |
| Such permit shall be issued only after inspection of the | 25 |
| display site by
the issuing officer, to determine that such | 26 |
| display
shall be in full compliance with the rules of the State | 27 |
| Fire Marshal, which
shall be based upon nationally recognized | 28 |
| standards such as those of the
National Fire Protection | 29 |
| Association (NFPA) 1123 guidelines for outdoor
displays and | 30 |
| NFPA 1126 guidelines for indoor displays and shall not be
| 31 |
| hazardous
to property or endanger any person or persons.
| 32 |
| Nothing in this Section shall prohibit the issuer of the permit | 33 |
| from
adopting more stringent rules.
| 34 |
| All indoor pyrotechnic displays shall be conducted in | 35 |
| buildings protected by
automatic sprinkler systems.
| 36 |
| The chief of the fire department providing fire
protection |
|
|
|
SB1821 Enrolled |
- 6 - |
LRB094 09820 LJB 40076 b |
|
| 1 |
| coverage to the area of display, or his or her designee, shall | 2 |
| sign
the permit.
| 3 |
| Possession by any party holding a certificate of | 4 |
| registration under "The
Fireworks Regulation Act of Illinois", | 5 |
| filed July 20, 1935, or by any employee
or agent of such party | 6 |
| or by any person transporting fireworks for such
party, shall | 7 |
| not be a violation, provided such possession is within the
| 8 |
| scope of business of the fireworks plant registered under that | 9 |
| Act.
| 10 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 11 |
| (425 ILCS 35/2.1 new) | 12 |
| Sec. 2.1. Pyrotechnic displays. Each pyrotechnic display | 13 |
| shall be
conducted by a licensed lead pyrotechnic operator. | 14 |
| Applications for a pyrotechnic display permit shall be made in | 15 |
| writing at
least 15 days in advance of the date of the | 16 |
| pyrotechnic display, unless agreed to otherwise by the local | 17 |
| jurisdiction issuing the permit and the fire chief of the | 18 |
| jurisdiction in which the display will occur. After a permit | 19 |
| has been granted,
sales, possession, use, and distribution of | 20 |
| display fireworks for the display
shall be lawful for that | 21 |
| purpose only. No permit granted hereunder shall
be | 22 |
| transferable. | 23 |
| Pyrotechnic display permits may be granted hereunder to any | 24 |
| adult individual applying therefor. No permit shall be required | 25 |
| under
the provisions of this Act for supervised public displays | 26 |
| by State or
County fair associations. | 27 |
| The applicant seeking the pyrotechnic display permit must | 28 |
| provide proof of liability insurance in a sum not less than | 29 |
| $1,000,000 to the local governmental entity issuing the permit.
| 30 |
| A permit shall be issued only after the chief of the fire | 31 |
| department providing fire protection coverage to the area of | 32 |
| display, or his or her designee, has inspected the site and | 33 |
| determined that the display can be performed in full compliance | 34 |
| with the rules adopted by the State Fire Marshal and that the | 35 |
| display shall not be hazardous to property or endanger any |
|
|
|
SB1821 Enrolled |
- 7 - |
LRB094 09820 LJB 40076 b |
|
| 1 |
| person or persons.
Nothing in this Section shall prohibit the | 2 |
| issuer of a permit from
adopting more stringent rules. | 3 |
| All indoor pyrotechnic displays shall be conducted in | 4 |
| buildings protected by
automatic sprinkler systems and meeting | 5 |
| the requirements of rules adopted by the State Fire Marshal | 6 |
| pursuant to this Act. | 7 |
| Permits shall be signed by the chief of the fire department | 8 |
| providing fire protection to the area of display, or his or her | 9 |
| designee, and must identify the lead pyrotechnic operator. | 10 |
| (425 ILCS 35/2.2 new) | 11 |
| Sec. 2.2. Consumer displays. Each consumer display shall be | 12 |
| handled by a competent individual who has received training | 13 |
| from a consumer fireworks training class approved by the Office | 14 |
| of the State Fire Marshal. Applications for consumer display | 15 |
| permits shall be made in writing at least 15 days in advance of | 16 |
| the date of the display, unless agreed to otherwise by the | 17 |
| local jurisdiction issuing the permit and the fire chief of the | 18 |
| jurisdiction in which the display will occur. After a permit | 19 |
| has been granted, sales, possession, use, and distribution of | 20 |
| consumer fireworks for display shall be lawful for that purpose | 21 |
| only. No permit granted hereunder shall be transferable. | 22 |
| Permits may be granted hereunder to any adult individual | 23 |
| applying for a permit who provides proof that he or she has | 24 |
| received the requisite training. The local jurisdiction | 25 |
| issuing the permit is authorized to conduct a criminal | 26 |
| background check of the applicant as a condition of issuing a | 27 |
| permit. | 28 |
| A permit shall be issued only after inspection of the | 29 |
| display site by the fire chief providing fire protection | 30 |
| coverage to the area of display, or his or her designee, to | 31 |
| determine that the display is in full compliance with the rules | 32 |
| adopted by the State Fire Marshal. Nothing in this Section | 33 |
| shall prohibit the issuer of a permit from adopting more | 34 |
| stringent rules. |
|
|
|
SB1821 Enrolled |
- 8 - |
LRB094 09820 LJB 40076 b |
|
| 1 |
| (425 ILCS 35/2.3 new) | 2 |
| Sec. 2.3. Consumer distributors and retailers. No person | 3 |
| may act as a consumer distributor or retailer or advertise or | 4 |
| use any title implying that the person is a consumer | 5 |
| distributor or retailer unless registered with the Office of | 6 |
| the State Fire Marshal. No consumer fireworks may be | 7 |
| distributed, sold, transferred, or provided free of charge to | 8 |
| an individual who has not been issued a permit in accordance | 9 |
| with Section 2.2 of this Act or has not registered with the | 10 |
| Office of the State Fire Marshal in accordance with this | 11 |
| Section. No person may sell to a single individual a quantity | 12 |
| of consumer fireworks exceeding 499 pounds without prior | 13 |
| approval by the Office of the State Fire Marshal. The State | 14 |
| Fire Marshal, in the name of the People, through the Attorney | 15 |
| General, the State's Attorney of any county, any resident of | 16 |
| the State, or any legal entity within the State may apply for | 17 |
| injunctive relief in any court to enjoin any person who has not | 18 |
| registered from distributing or selling consumer fireworks. | 19 |
| Upon filing a verified petition in court, the court, if | 20 |
| satisfied by affidavit, or otherwise, that the person is or has | 21 |
| been distributing in violation of this Act, may enter a | 22 |
| temporary restraining order or preliminary injunction, without | 23 |
| bond, enjoining the defendant from further activity. A copy of | 24 |
| the verified complaint shall be served upon the defendant and | 25 |
| the proceedings are to be conducted as in other civil cases. | 26 |
| The court may enter a judgment permanently enjoining a | 27 |
| defendant from further unregistered activity if it is | 28 |
| established that the defendant has been or is distributing in | 29 |
| violation of this Act. In case of violation of any injunctive | 30 |
| order or judgment entered under this Section, the court may | 31 |
| summarily try and punish the offender for contempt of court. | 32 |
| Injunctive proceedings are in addition to all penalties and | 33 |
| other remedies in this Act.
| 34 |
| (425 ILCS 35/4.1) (from Ch. 127 1/2, par. 130.1)
| 35 |
| Sec. 4.1. The State Fire Marshal may adopt necessary rules |
|
|
|
SB1821 Enrolled |
- 9 - |
LRB094 09820 LJB 40076 b |
|
| 1 |
| and regulations
for the administration of this Act which shall | 2 |
| be based upon nationally recognized standards such as those of | 3 |
| the
National Fire Protection Association (NFPA) 1123 | 4 |
| guidelines for outdoor
displays, NFPA 1126 guidelines for | 5 |
| proximate audience displays, and NFPA 160 guidelines for flame | 6 |
| effects. The State Fire Marshal is authorized to adopt rules | 7 |
| that establish audience proximity distances for consumer | 8 |
| display fireworks .
| 9 |
| The Office of the State Fire Marshal shall maintain a list | 10 |
| of approved consumer fireworks and update the list annually or | 11 |
| as new consumer fireworks items are submitted to the Office by | 12 |
| consumer distributors. | 13 |
| All applications, permits, and site inspection records | 14 |
| shall be on forms approved by the State Fire Marshal.
| 15 |
| (Source: P.A. 81-623.)
| 16 |
| (425 ILCS 35/5) (from Ch. 127 1/2, par. 131)
| 17 |
| Sec. 5. (a) Any person, firm, co-partnership, or | 18 |
| corporation violating
the provisions of this Act , except as | 19 |
| provided in subsection b, shall
be guilty of a Class A
B
| 20 |
| misdemeanor.
| 21 |
| (b) The possession, offering for sale, exposing for sale, | 22 |
| or selling
at retail of fireworks in violation of this Act is:
| 23 |
| (1) a petty offense if involving up to 1 pound of | 24 |
| fireworks, exclusive
of external packaging; or
| 25 |
| (2) a Class B misdemeanor if involving an amount | 26 |
| greater than 1 pound
but up to 3 pounds of fireworks, exclusive | 27 |
| of external packaging; or
| 28 |
| (3) a Class A misdemeanor if involving an amount | 29 |
| greater than 3 pounds
of fireworks, exclusive of external | 30 |
| packaging.
| 31 |
| "External packaging", for purposes of this subsection, | 32 |
| shall mean any materials
which are not an integral part of the | 33 |
| operative unit of fireworks.
| 34 |
| (Source: P.A. 82-620.)
|
|