HB4128 101ST GENERAL ASSEMBLY

LRB101 16460 CPF 65839 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4128

Introduced 1/22/2020, by Rep. Joe Sosnowski

SYNOPSIS AS INTRODUCED:

New Act
225 ILCS 227/5
425 ILCS 35/Act rep.

Creates the Pyrotechnic Use Act of 2020. Provides that display fireworks shall only be offered for sale, exposed for sale, sold at retail, or kept with intent to sell, possess, use, or explode under a permit with specific requirements, a specific license, or for a specific use. Provides requirements for selling consumer fireworks. Provides that the State Fire Marshal may revoke the registration of any seller of consumer fireworks if the seller violates the requirements. Provides the requirements for use of consumer fireworks. Provides exemptions. Provides the procedure regarding the seizure and sale of fireworks that are stored and held in violation of the Act. Provides requirements for the storage of consumer fireworks and display fireworks. Defines terms. Makes conforming changes. Repeals the Pyrotechnic Use Act. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Pyrotechnic Use Act of 2020.

Section 5. Definitions. As used in this Act:

"Competent display operator" means a Bureau of Alcohol, Tobacco, Firearms, and Explosives licensee who has participated as an assistant in at least 5 public displays of fireworks with overall responsibility for the operation and safety of a fireworks display.

"Consumer fireworks" means fireworks that are suitable for use by the public, designed primarily to produce visible effects by combustion, and that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission. "Consumer fireworks" also means fireworks classified as Division 1.4G explosives by the United States Department of Transportation under 16 CFR Part 1507, 27 CFR Part 555, or 49 CFR 173.56. "Consumer fireworks" shall not include: snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms"; sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive mixture are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths grains of explosive mixture; the sale and use of which shall be permitted at all times.

"Display fireworks" means pyrotechnic devices or large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. "Display fireworks" also means fireworks classified as Division 1.3G explosives by the United States Department of Transportation under 16 CFR Part 1507, 27 CFR Part 555, or 49 CFR 173.56.

"Public display of fireworks" means the use of pyrotechnic devices or pyrotechnic materials before a proximate audience, whether indoors or outdoors.

"Seasonal retailers" means any person, firm, co-partnership, nonprofit, or corporation intending to sell consumer fireworks between June 10 and July 7, or December 26 and January 4 of each year or both, and shall include permanent businesses, temporary businesses, stores, stands, or tents.

Section 10. Legality of consumer fireworks and display fireworks.

(a) Consumer fireworks are legal for retail sale provided all applicable federal and State requirements are met.

(b) Display fireworks are not legal for retail sale unless granted a permit under Section 15.

Section 15. Sale or use of display fireworks. No person, firm, co-partnership, nonprofit, or corporation shall offer for sale, expose for sale, sell at retail, keep with intent to sell, possess, use, or explode any display fireworks, except:

(a) in municipalities the chief of the fire department, or the mayor or village president where there is no fire department, and in counties outside of municipalities the county board or the board of commissioners of the county, may grant permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals, if:

(1) every display is handled by a competent display operator to be approved by the public official by whom the permit is granted, and shall be of such character, as in the opinion of the official, after proper inspection, to not be hazardous to property or endanger any person;

(2) at least one competent display operator is on site during display set-up and firing and he or she maintains a copy of the permit application, as signed by the local authority having jurisdiction, on site and at all times the display is in place, which shall be presented on demand of the State Fire Marshal or local fire chief;

(3) permits are filed with the State Fire Marshal at least 15 days in advance of the date of the display; and

(4) any person remaining within the display area is identified as licensed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, an employee thereof, or be an assistant in training to become a competent display operator and is at least 18 years of age;

(b) the sale, at wholesale, of any display fireworks for permitted displays by any resident manufacturer, wholesaler, dealer, or jobber, in accordance with regulations of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives if the sale is to the person holding a display permit as prescribed in subsection (a);

(c) the sale of display fireworks in accordance with a license issued by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives;

(d) the sale and use in emergency situations of pyrotechnic signaling devices and distress signals for marine, aviation, and highway use;

(e) the use of fuses and railway torpedoes by railroads;

(f) the sale and use of blank cartridges for use in a show or theater or for signal or ceremonial purpose in athletics or sports;

(g) the use of any pyrotechnic device by military organizations; or

(h) the use of fireworks for agricultural purposes under the direct supervision of the United States Department of the Interior or any equivalent or local agency.

Nothing in this Section shall prohibit a person, firm, co-partnership, nonprofit, or corporation from offering for sale, exposing for sale, selling at retail, keeping with intent to sell, possessing or using consumer fireworks as permitted by Section 20.

Section 20. Requirements for sale of consumer fireworks; revocation of registration; use of consumer fireworks.

(a) Consumer fireworks may be offered for sale, sold at retail, or kept with the intent to sell, only if the following requirements are met:

(1) any person, firm, co-partnership, nonprofit, or business intending to sell consumer fireworks shall register annually with the State Fire Marshal, who may assess a fee of no more than $25 for each site at which fireworks shall be sold. The registration requirement under this Section shall not apply to permanent business establishments which are open year round and in which the sale of fireworks is ancillary to the primary course of business;

(2) permanent business establishments open year-round and in which the sale of consumer fireworks is ancillary to the primary course of business shall meet the criteria for "seasonal retailer" or shall only be permitted to sell the following consumer fireworks:

(i) dipped stick-sparklers or wire sparklers;

(ii) cylindrical fountains;

(iii) cone fountains;

(iv) illuminating torches;

(v) wheels;

(vi) ground spinners;

(vii) flitter sparklers; or

(viii) toy smoke devices;

(3) a seasonal retailer shall register with the State Fire Marshal, who may assess a fee of no more than $250 for each site at which fireworks shall be sold;

(4) any person, firm, co-partnership, nonprofit, or corporation intending to sell consumer fireworks as the primary source of business, shall register with the State Fire Marshal, who may assess a fee of no more than $500 for each site at which fireworks will be sold;

(5) the annual registration required by this Section shall be received by the State Fire Marshal at least 15 days prior to offering fireworks for sale at the site for which the registration is intended. If the registration is received less than 15 days prior to offering fireworks for sale at the site for which registration is intended, an additional assessment of $100 shall be added to the initial fee;

(6) each site at which fireworks are offered for sale shall have its registration certificate displayed in a conspicuous location at the site;

(7) no person or business shall give, offer for sale, or sell any consumer fireworks to any person under 18 years of age; and

(8) no person under 18 years of age may be employed by a fireworks distribution facility or manufacturing facility. No person under 18 years of age shall sell consumer fireworks at a consumer fireworks retail sales facility registered under this Section unless the individual is supervised by a parent or guardian.

(b) The State Fire Marshal may revoke the registration of any site which is in violation of a requirement of this Section or any other requirement provided by this Act. If the violation renders any property especially susceptible to fire loss, and there is present such hazard to human life or limb that the public safety imperatively requires emergency action, the State Fire Marshal may take that action.

(c) A person lawfully possessing consumer fireworks may use those items if:

(1) he or she is at least 18 years of age;

(2) the fireworks are not ignited within 200 feet of any structure, vehicle, or any other person; and

(3) use of the fireworks does not place him or her in violation of any local ordinance.

Section 25. Insurance coverage. No permit shall be issued under this Act unless the applicant shall show proof of insurance as required under Section 12 of the Pyrotechnic Distributor and Operator Licensing Act. However, the local fire chief or State Fire Marshal may require a larger amount if, in his or her judgment, the situation requires it, conditioned for the payment of all damages which may be caused thereby either to a person or to property by reason of the permitted display, and arising from any acts of the licensee, his or her agents, employees, or subcontractors.

Section 30. Exemptions. Nothing in this Act shall prevent the retail sale and use of explosives or signaling flares used in the course of ordinary business or industry, snake or glow worm pellets, smoke devices, trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms", sparklers, toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive mixture are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper or plastic caps that contain less than twenty hundredths grains of explosive mixture, shells or cartridges used as ammunition in firearms, blank cartridges for a show or theatre, signal or ceremonial purposes in athletics or sports, use by military organizations, or the sale of any kind of fireworks provided the same are to be shipped by the seller directly out of the State.

Section 35. Seizure and sale of fireworks.

(a) The State Fire Marshal, or any fire department having jurisdiction which has been deputized to act on behalf of the State Fire Marshal, shall cause to be removed at the expense of the owner all stocks of fireworks which are stored and held in violation of this Act. After a period of 60 days, the seized fireworks may be offered for sale by closed bid to a properly certified fireworks wholesaler.

(b) After a period of 60 days, the seized fireworks may be offered for sale by closed bid to a properly certified manufacturer, distributor, or wholesaler. All seized fireworks or explosives with a Division 1.3G or display firework designation shall require the notification of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives. The State Fire Marshal shall provide the owner or possessor a receipt containing the complete inventory of any fireworks seized within 5 business days of the seizure.

(c) Before any seized fireworks may be disposed of:

(1) if the owner of the seized fireworks is known to the State Fire Marshal, the State Fire Marshal shall give notice by registered mail or personal service to the owner of the State Fire Marshal's intention to dispose of the fireworks. The notice shall inform the owner of the State Fire Marshal's intent. The Office of the State Fire Marshal shall conduct an administrative hearing under the provisions of the Illinois Administrative Procedure Act; or

(2) if the identity of the owner of any seized fireworks is not known to the State Fire Marshal, the State Fire Marshal shall cause to be published, in a newspaper of general circulation in the county in which the seizure was made, notice of the seizure, and of the State Fire Marshal's intention to dispose of the fireworks. The notice shall be published once each week for 3 consecutive weeks. If no person claims ownership of the fireworks within 10 days of the date of the last publication, the State Fire Marshal may proceed with disposal of the fireworks. If the owner does claim the fireworks within 10 days of the date of the last publication, the Office of the State Fire Marshal shall conduct an administrative hearing under the provisions of the Illinois Administrative Procedure Act.

(d) Nothing in this Act shall restrict a county or municipality from enacting ordinances that affect the sale or use of fireworks within its jurisdiction.

Section 40. Storage of consumer fireworks and display fireworks.

(a) The storage of consumer fireworks or display fireworks at retail, wholesale, storage, or manufacturing facilities shall be reported in writing to the State Fire Marshal and the local fire chief of the jurisdiction where the facilities are located.

(1) The report shall be completed by the owner or lessee of the property or the supplier of the fireworks, and shall include the address of the facility, the location of the fireworks to be stored, a copy of the shipping bill, and whether they are consumer fireworks or display fireworks.

(2) The initial report for permanent business establishments open year round shall be submitted between January 1, 2021, and January 31, 2021, for existing business and 15 days before storage begins for new businesses. The report for permanent business establishments open year round shall be updated annually and upon a change in location of the stored items.

(b) Seasonal retailers shall submit, at least 15 days prior to opening for sale each year, a report to the State Fire Marshal and the local fire chief of the jurisdiction identifying:

(1) the address where the sales will be taking place;

(2) the address where the fireworks will be stored; and

(3) a description of how the fireworks will be stored.

Only one report is due if the seasonal retailer stores the same product at the same location for both the June 10 through July 7 and December 26 through January 4 seasons.

(c) Failure to submit a report required under this Section shall be cause to cease and desist operation of the facility or site until the required information is properly submitted. Inspectors shall notify the permit holder in writing and may allow 24 hours to remedy the violation, unless the violation poses a distinct fire hazard.

Section 45. Rulemaking. The State Fire Marshal shall adopt such rules as may be necessary for the implementation of this Act.

Section 70. The Pyrotechnic Distributor and Operator Licensing Act is amended by changing Section 5 as follows:

(225 ILCS 227/5)

Sec. 5. Definitions. In this Act:

"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 under 49 C.F.R. 172.101.

"Assistant" means an individual supervised by a lead pyrotechnic operator, who assists with the safety, setup, discharge, and removal of a pyrotechnic display.

"BATFE" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

"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 C.F.R. Parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 C.F.R. 172.101. "Consumer fireworks" does not include a substance or article exempted under the Pyrotechnic Use Act of 2020.

"Cover licensor" means any pyrotechnic distributor, licensed under subsection (c) of Section 35 of this Act, or production company, licensed under subsection (c-3) of Section 35 of this Act, under whose pyrotechnic license a touring pyrotechnic company and its touring lead pyrotechnic operators and touring technicians provide pyrotechnic displays or pyrotechnic services, or both, in the State.

"Cover licensor representative" means a licensed lead pyrotechnic operator, either employed by the cover licensor or insured as an additional named insured on the cover licensor's general liability and product liability insurance, as applicable, who is responsible for supervising the safety and regulatory compliance of the touring lead pyrotechnic operators and touring technicians during a pyrotechnic display or pyrotechnic service.

"Display fireworks" means 1.3G explosive or special effects fireworks.

"Event employee" means an individual who works under the supervision of the lead pyrotechnic operator and who assists with the safety, setup, and removal of a pyrotechnic display, but does not handle live pyrotechnic materials or charged flame equipment.

"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.

"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.

"Lead pyrotechnic operator" means the individual with overall responsibility for the safety, setup, discharge, and supervision of a pyrotechnic display or pyrotechnic service.

"Office" means Office of the State Fire Marshal.

"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.

"Production company" means any person in the film, digital and video media, television, commercial, music, or theatrical stage industry who provides pyrotechnic services or pyrotechnic display services as part of a film, digital and video media, television, commercial, music, or theatrical production in the State of Illinois.

"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.

"Pyrotechnic 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.

"Pyrotechnic service" means the detonation, ignition, or deflagration of display fireworks, special effects, or flame effects to produce a visual or audible effect.

"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 or identified as "intended for indoor use". "Special effects fireworks" are classified as fireworks UN0431 or UN0432 by the United States Department of Transportation under 49 C.F.R. 172.101.

"Touring lead pyrotechnic operator" means an individual employed by a touring pyrotechnic company who has overall responsibility for the safety, setup, discharge, and supervision of a pyrotechnic display or pyrotechnic service.

"Touring pyrotechnic company" means any person that performs pyrotechnic services or pyrotechnic displays in the State who lacks a license under subsections (c) or (c-3) of Section 35 of this Act.

"Touring technician" means an individual employed by a touring pyrotechnic company who is at least 18 years of age, who is covered by his or her employer's workers' compensation, product liability, and general liability policies under Section 35 of this Act and who, under the supervision of the touring lead pyrotechnic operator, assists with the safety, setup, discharge, and removal of a pyrotechnical display.

(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)

(425 ILCS 35/Act rep.)

Section 75. The Pyrotechnic Use Act is repealed.

Section 99. Effective date. This Act takes effect upon becoming law.