Full Text of HB2121 103rd General Assembly
HB2121 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2121 Introduced 2/7/2023, by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED: |
| 425 ILCS 30/2 | from Ch. 127 1/2, par. 102 | 425 ILCS 35/1 | from Ch. 127 1/2, par. 127 |
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Amends the Fireworks Regulation Act of Illinois and the Pyrotechnic Use Act. Provides that "fireworks" and "consumer fireworks" do not include handheld or ground-based sparklers that are nonexplosive and nonaerial, sometimes producing a crackling or whistling effect, and containing 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes (rather than only sparklers) or wood stick or wire sparklers containing not more than 100 grams of pyrotechnic mixture per item. Effective January 1, 2024.
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| | A BILL FOR |
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| | | HB2121 | | LRB103 28605 CPF 54986 b |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fireworks Regulation Act of Illinois is | 5 | | amended by changing Section 2 as follows:
| 6 | | (425 ILCS 30/2) (from Ch. 127 1/2, par. 102)
| 7 | | Sec. 2.
The following words and phrases, when used in this | 8 | | Act, shall
for the purpose of this Act have the following | 9 | | definition and meaning:
| 10 | | (a) The term fireworks shall mean and include any | 11 | | explosive
composition or any substance or combination of | 12 | | substances, or article
prepared for the purpose of producing a | 13 | | visible or audible effect of a
temporary exhibitional nature | 14 | | by explosion, combustion, deflagration or
detonation, and | 15 | | shall include blank cartridges, toy cannons in which
| 16 | | explosives are used, the type of balloons which require fire | 17 | | underneath
to propel the same, firecrackers, torpedoes, sky | 18 | | rockets, Roman candles,
bombs or other fireworks of like | 19 | | construction and any
fireworks containing any explosive | 20 | | compound; or any tablets or other
device containing any | 21 | | explosive substance, or containing combustible
substances | 22 | | producing visual effects. The term "fireworks" shall not
| 23 | | include snake or glow worm pellets; smoke devices; handheld or |
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| 1 | | ground-based sparklers that are nonexplosive and nonaerial, | 2 | | that may produce a crackling or whistling effect, and that | 3 | | contain 75 grams or less of pyrotechnic composition per tube | 4 | | or a total of 500 grams or less for multiple tubes ; trick | 5 | | noisemakers
known as "party poppers", "booby traps", | 6 | | "snappers", "trick matches", "cigarette
loads" and "auto | 7 | | burglar alarms"; toy pistols, toy canes, toy guns, or
other | 8 | | devices in which
paper or plastic caps containing twenty-five | 9 | | hundredths grains or less
of explosive compound are used, | 10 | | provided they are so constructed that
the hand cannot come in | 11 | | contact with the cap when in place for the
explosion; wood | 12 | | stick or wire sparklers that contain not more than 100 grams of | 13 | | pyrotechnic mixture per item; and toy pistol paper or plastic | 14 | | caps which contain
less than twenty-five hundredths grains of | 15 | | explosive mixture;
the sale and use of
which shall be | 16 | | permitted at all times.
| 17 | | (b) The term "fireworks plant" shall mean and include all | 18 | | lands,
with buildings thereon, used in connection with the | 19 | | manufacture or
processing of fireworks, as well as storehouses | 20 | | located thereon for the
storage of finished fireworks.
| 21 | | (c) The term "fireworks factory building" shall mean any | 22 | | building or
other structure in which the manufacture of | 23 | | fireworks, or in which any
processing involving fireworks is | 24 | | carried on.
| 25 | | (d) The term "magazine" shall mean any building or other | 26 | | structure
used for the storage of explosive raw materials used |
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| 1 | | in the manufacture
of fireworks.
| 2 | | (e) The term "Office" shall mean the Office of the State | 3 | | Fire Marshal.
| 4 | | (Source: P.A. 83-474.)
| 5 | | Section 10. The Pyrotechnic Use Act is amended by changing | 6 | | Section 1 as follows:
| 7 | | (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
| 8 | | Sec. 1. Definitions. As used in this Act, the following | 9 | | words shall have the following meanings: | 10 | | "1.3G fireworks" means those fireworks used for | 11 | | professional outdoor displays and classified as fireworks | 12 | | UN0333, UN0334, or UN0335 by the United States Department of | 13 | | Transportation under 49 C.F.R. 172.101. | 14 | | "Consumer distributor" means any person who distributes, | 15 | | offers for sale, sells, or exchanges for consideration | 16 | | consumer fireworks in Illinois to another distributor or | 17 | | directly to any retailer or person for resale. | 18 | | "Consumer fireworks" means those fireworks that must | 19 | | comply with the construction, chemical composition, and | 20 | | labeling regulations of the U.S. Consumer Products Safety | 21 | | Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | 22 | | classified as fireworks UN0336 or UN0337 by the United States | 23 | | Department of Transportation under 49 C.F.R. 172.101. | 24 | | "Consumer fireworks"
shall not include snake or glow worm |
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| 1 | | pellets; smoke devices; trick noisemakers
known as "party | 2 | | poppers", "booby traps", "snappers", "trick matches", | 3 | | "cigarette
loads", and "auto burglar alarms"; handheld or | 4 | | ground-based sparklers that are nonexplosive and nonaerial, | 5 | | that produce a crackling or whistling effect, and that contain | 6 | | 75 grams or less of pyrotechnic composition per tube or a total | 7 | | of 500 grams or less for multiple tubes ; toy pistols, toy
| 8 | | canes, toy guns, or other devices in
which paper or plastic | 9 | | caps containing twenty-five hundredths grains or
less of | 10 | | explosive compound are used, provided they are so constructed | 11 | | that
the hand cannot come in contact with the cap when in place | 12 | | for the
explosion; wood stick or wire sparklers that contain | 13 | | not more than 100 grams of pyrotechnic mixture per item; and | 14 | | toy pistol paper or plastic caps that contain less than
twenty | 15 | | hundredths grains of explosive mixture; the sale and use of | 16 | | which
shall be permitted at all times. | 17 | | "Consumer fireworks display" or "consumer display" means | 18 | | the detonation, ignition, or deflagration of consumer | 19 | | fireworks to produce a visual or audible effect. | 20 | | "Consumer operator" means an adult individual who is | 21 | | responsible for the safety, setup, and discharge of the | 22 | | consumer fireworks display and who has completed the training | 23 | | required in Section 2.2 of this Act. | 24 | | "Consumer retailer" means any person who offers for sale, | 25 | | sells, or exchanges for consideration consumer fireworks in | 26 | | Illinois directly to any person with a consumer display |
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| 1 | | permit. | 2 | | "Display fireworks" means 1.3G or special effects | 3 | | fireworks or as further defined in the Pyrotechnic Distributor | 4 | | and Operator Licensing Act. | 5 | | "Flame effect" means the detonation, ignition, or | 6 | | deflagration of flammable gases, liquids, or special materials | 7 | | to produce a thermal, physical, visual, or audible effect | 8 | | before the public, invitees, or licensees, regardless of | 9 | | whether admission is charged, in accordance with National Fire | 10 | | Protection Association 160 guidelines, and as may be further | 11 | | defined in the Pyrotechnic Distributor and Operator Licensing | 12 | | Act. | 13 | | "Lead pyrotechnic operator" means an individual who is | 14 | | responsible for the safety, setup, and discharge of the | 15 | | pyrotechnic display or pyrotechnic service and who is licensed | 16 | | pursuant to the Pyrotechnic Distributor and Operator Licensing | 17 | | Act. | 18 | | "Person" means an individual, firm, corporation, | 19 | | association, partnership, company, consortium, joint venture, | 20 | | commercial entity, state, municipality, or political | 21 | | subdivision of a state or any agency, department, or | 22 | | instrumentality of the United States and any officer, agent, | 23 | | or employee of these entities.
| 24 | | "Production company" means any person in the film, digital | 25 | | and video media, television, commercial, music, or theatrical | 26 | | stage industry who provides pyrotechnic services or |
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| 1 | | pyrotechnic display services as part of a film, digital and | 2 | | video media, television, commercial, music, or theatrical | 3 | | production in the State of Illinois and is licensed by the | 4 | | Office pursuant to the Pyrotechnic Distributor and Operator | 5 | | Licensing Act. | 6 | | "Pyrotechnic display" means the detonation, ignition, or | 7 | | deflagration of display fireworks or flame effects to produce | 8 | | visual or audible effects of an exhibitional nature before the | 9 | | public, invitees, or licensees, regardless of whether | 10 | | admission is charged, and as may be further defined in the | 11 | | Pyrotechnic Distributor and Operator Licensing Act. | 12 | | "Pyrotechnic distributor" means any person who distributes | 13 | | display fireworks for sale in the State of Illinois or | 14 | | provides them as part of a pyrotechnic display service in the | 15 | | State of Illinois or provides only pyrotechnic services and is | 16 | | licensed by the Office pursuant to the Pyrotechnic Distributor | 17 | | and Operator Licensing Act. | 18 | | "Pyrotechnic service" means the detonation, ignition, or | 19 | | deflagration of display fireworks, special effects, or flame | 20 | | effects to produce a visual or audible effect. | 21 | | "Special effects fireworks" means pyrotechnic devices used | 22 | | for special effects by professionals in the performing arts in | 23 | | conjunction with theatrical, musical, or other productions
| 24 | | that are similar to consumer fireworks in chemical | 25 | | compositions
and construction, but are not intended for | 26 | | consumer use and are
not labeled as such or identified as |
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| 1 | | "intended for indoor use".
"Special effects fireworks" are | 2 | | classified as fireworks UN0431
or UN0432 by the United States | 3 | | Department of Transportation
under 49 C.F.R. 172.101.
| 4 | | (Source: P.A. 99-642, eff. 7-28-16.)
| 5 | | Section 99. Effective date. This Act takes effect January | 6 | | 1, 2024.
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