State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

90_HB0704eng

      425 ILCS 35/1             from Ch. 127 1/2, par. 127
          Amends the Fireworks  Use  Act.   Includes  sparklers  as
      "fireworks" for purposes of the Act.  Effective immediately.
                                                     LRB9003455DJcd
HB0704 Engrossed                               LRB9003455DJcd
 1        AN ACT conerning fireworks, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.449 as follows:
 6        (30 ILCS 105/5.449 new)
 7        Sec. 5.449.  The Fireworks License Fund.
 8        Section 10.  The Fireworks Use Act is amended by changing
 9    Sections 1 and 2 as follows:
10        (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
11        Sec. 1.  Definitions.  In this Act:
12        The term "Fireworks" shall mean and include any explosive
13    composition,  or  any substance or combination of substances,
14    or article prepared for the purpose of producing a visible or
15    audible  effect  of  a  temporary  exhibitional   nature   by
16    explosion,  combustion, deflagration or detonation, and shall
17    include blank cartridges, toy cannons,  in  which  explosives
18    are  used, the type of balloons which require fire underneath
19    to propel  the  same,  firecrackers,  torpedoes,  skyrockets,
20    Roman candles, bombs, or other fireworks of like construction
21    and  any  fireworks containing any explosive compound, or any
22    tablets or other device containing any  explosive  substance,
23    or   containing   combustible   substances  producing  visual
24    effects: provided, however, that the term  "fireworks"  shall
25    not  include snake or glow worm pellets; smoke devices; trick
26    noisemakers  known  as  "party   poppers",   "booby   traps",
27    "snappers",  "trick  matches",  "cigarette  loads"  and "auto
28    burglar alarms"; sparklers; toy pistols, toy canes, toy guns,
29    or other devices in which paper or  plastic  caps  containing
HB0704 Engrossed            -2-                LRB9003455DJcd
 1    twenty-five  hundredths  grains or less of explosive compound
 2    are used, providing they are so  constructed  that  the  hand
 3    cannot  come  in  contact  with the cap when in place for the
 4    explosion; and toy pistol paper or plastic caps which contain
 5    less than twenty hundredths grains of explosive mixture;  the
 6    sale and use of which shall be permitted at all times.
 7        "Division  1.3G  (Class B) and 1.4G (Class C) explosives"
 8    means any substance or article defined as a Division 1.3G  or
 9    1.4G   explosive   by   the   United   States  Department  of
10    Transportation  under  49  CFR  173.50.   Nothing   in   this
11    definition  shall  be  construed  to exclude Division 1.3G or
12    1.4G explosives from the definition of "fireworks".
13    (Source: P.A. 83-474.)
14        (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
15        Sec. 2.  Prohibition; permit; license.
16        (a)  Except as hereinafter provided it shall be  unlawful
17    for  any  person,  firm,  co-partnership,  or  corporation to
18    knowingly possess, offer for sale, expose for sale,  sell  at
19    retail,  or  use or explode any fireworks; provided that city
20    councils in cities, the president and board  of  trustees  in
21    villages  and  incorporated  towns, and outside the corporate
22    limits of cities, villages and incorporated towns, the county
23    board,  shall  have  power  to  adopt  reasonable  rules  and
24    regulations for the granting of permits for supervised public
25    displays of fireworks. Every such display shall be handled by
26    a competent individual designated by  the  local  authorities
27    herein  specified  and  shall  be  of such a character and so
28    located, discharged or fired,  as  not  to  be  hazardous  to
29    property  or  endanger any person or persons. Application for
30    permits shall be made in writing at least 15 days in  advance
31    of  the date of the display and action shall be taken on such
32    application within 48 hours after such application  is  made.
33    After   such   privilege  shall  have  been  granted,  sales,
HB0704 Engrossed            -3-                LRB9003455DJcd
 1    possession,  use  and  distribution  of  fireworks  for  such
 2    display shall be lawful for  that  purpose  only.  No  permit
 3    granted hereunder shall be transferable.
 4        Permits  may  be  granted hereunder to any groups of 3 or
 5    more adult individuals applying therefor. No permit shall  be
 6    required,  under  the  provisions of this Act, for supervised
 7    public displays by State or County fair associations.
 8        The governing body shall require a bond from the licensee
 9    in a sum not less than $1,000 conditioned on compliance  with
10    the  provisions  of this law and the regulations of the State
11    Fire Marshal adopted hereunder, except that  no  municipality
12    shall be required to file such bond.
13        Such  permit shall be issued only after inspection of the
14    display site by the issuing officer, to determine  that  such
15    display  shall  not  be hazardous to property or endanger any
16    person or persons.  Forms for such application and permit may
17    be obtained from the Office of the State Fire  Marshal.   One
18    copy  of  such  permit  shall  be  on  file  with the issuing
19    officer, and one copy forwarded to the Office  of  the  State
20    Fire Marshal.
21        Possession   by   any  party  holding  a  certificate  of
22    registration  under  "The   Fireworks   Regulation   Act   of
23    Illinois",  filed  July 20, 1935, or by any employee or agent
24    of such party or by any  person  transporting  fireworks  for
25    such   party,   shall  not  be  a  violation,  provided  such
26    possession is within the scope of business of  the  fireworks
27    plant registered under that Act.
28        (b)  For     companies     that     wish    to    conduct
29    fireworks/pyrotechnic displays, the State Fire Marshal  shall
30    issue one license per company, per year for the entire State.
31    A  local authority having jurisdiction may issue a permit for
32    a fireworks display once a State license is  presented.   The
33    local fee, if any, shall be determined by the local authority
34    having  jurisdiction.  Before the State Fire Marshal issues a
HB0704 Engrossed            -4-                LRB9003455DJcd
 1    license   to   a   company   that   wishes   to   conduct   a
 2    fireworks/pyrotechnic display, that company must show that it
 3    has met the following guidelines:
 4             (1)  Must have a current 1.3G (Class  B)  Bureau  of
 5        Alcohol, Tobacco and Firearms (BATF) license.
 6             (2)  Must  show proof of General Liability Insurance
 7        in an amount not less than $3,000,000.
 8             (3)  Must  show  proof  of  Workman's   Compensation
 9        Insurance for personnel lighting the fireworks.
10             (4)  Must   follow   the  National  Fire  Protection
11        Association (NFPA) 1123 guidelines for  outdoor  displays
12        and NFPA 1126 guidelines for indoor displays.
13             (5)  Must  pay  an  annual  license  fee of $700 per
14        year, which will be renewed the first of February of each
15        year.
16        (c)  If the fireworks/pyrotechnic display is to be  fired
17    from  a  floatation  device on water the following additional
18    guidelines must be met:
19             (1)  The  display  must  be   executed   by   manual
20        electronic firing or computer electric firing.
21             (2)  Each  pyrotechnic  operator  must  wear  a life
22        jacket or vest  at  all  times  while  on  the  flotation
23        device.
24        (d)  Each  company that wishes to distribute fireworks or
25    pyrotechnics  must  receive  a  Display  Company/Distributors
26    License from the State Fire Marshal.  Before the  State  Fire
27    Marshal  issues  one of these licenses, the company must show
28    that it has met the following criteria:
29             (1)  Must have  a  current  BATF  license  for  1.3G
30        (Class B) and 1.4G (Class C) Display Fireworks.
31             (2)  Show  proof  of $1,000,000 in Product Liability
32        Insurance.
33             (3)  Pay an annual license fee of $700 per year.
34        Each properly licensed distributor  may  sell  to  anyone
HB0704 Engrossed            -5-                LRB9003455DJcd
 1    within  the  State  of  Illinois  who presents a current BATF
 2    license/user permit and a local fireworks display permit from
 3    the local authority having jurisdiction.
 4        (e)  The State Fire Marshal shall design and administer a
 5    test for the licensing of pyrotechnic operators of a  display
 6    fireworks/pyrotechnic   company  that  handle  Division  1.3G
 7    (Class B) and 1.4G (Class  C)  explosives.   The  test  shall
 8    incorporate  the  guidelines  set  out  in NFPA 1123 and NFPA
 9    1126.  All companies licensed in the State  of  Illinois  who
10    wish   to   conduct  a  fireworks/pyrotechnic  display  using
11    Division 1.3G (Class B) and 1.4G (Class  C)  explosives  must
12    utilize  only pyrotechnic operators who are properly licensed
13    within this State.
14        (f)  License and license renewal fees  under  subsections
15    (b)  and  (d)  shall  be deposited into the Fireworks License
16    Fund.  Fees not otherwise set in this Section shall be set by
17    the State Fire  Marshal  and  deposited  into  the  Fireworks
18    License  Fund and shall be sufficient to defray the costs and
19    expenses associated with the licensing process. The  duration
20    of licenses not otherwise set by this Section shall be set by
21    the State Fire Marshal. The Fireworks License Fund is created
22    as  a  special  fund in the State treasury.  All money in the
23    Fireworks  License   Fund   shall   be   used,   subject   to
24    appropriation  by  the  General  Assembly,  by the State Fire
25    Marshal to defray the costs and expenses associated with  the
26    licensing process under this Section.
27        (g)  The   State  Fire  Marshal  shall  adopt  all  rules
28    necessary  to  carry  out  its  responsibilities  under  this
29    Section.
30    (Source: P.A. 86-1028.)
31        Section 99.   Effective  date.   This  Act  takes  effect
32    January 1, 1998.

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