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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
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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
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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,
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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
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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
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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.