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90_SB1212
30 ILCS 105/5.449 new
425 ILCS 35/1 from Ch. 127 1/2, par. 127
425 ILCS 35/2 from Ch. 127 1/2, par. 128
Amends the Fireworks Use Act and the State Finance Act.
Prohibits a person from handling certain explosives in a
fireworks display if the person is not licensed by the State
Fire Marshal to handle the explosives. Establishes licensing
procedures and requirements, including requiring the State
Fire Marshal to create a curriculum for training and
licensing applicants. Provides that application and license
fees shall be deposited into the Fireworks License Fund to be
used by the State Fire Marshal to defray the costs associated
with licensing applicants. Effective January 1, 1998.
LRB9006294NTsb
LRB9006294NTsb
1 AN ACT concerning 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 1.2 or 1.3 explosive" means any substance or
8 article defined as a Division 1.2 or 1.3 explosive by the
9 United States Department of Transportation under 49 CFR
10 173.50. Nothing in this definition shall be construed to
11 exclude Division 1.2 and 1.3 explosives from the definition
12 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) Notwithstanding any other provision of this Act, if
29 Division 1.2 or 1.3 explosives are used in a fireworks
30 display, a person may not handle the Division 1.2 or 1.3
31 explosives without a license from the State Fire Marshal. A
32 person seeking a license to handle Division 1.2 or 1.3
33 explosives in a fireworks display shall submit to the State
34 Fire Marshal an application, on a form prescribed by the
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1 State Fire Marshal, and the appropriate application fee.
2 The State Fire Marshal shall issue a license to an
3 applicant upon a determination by the State Fire Marshal that
4 the applicant is eligible for a license and upon payment of
5 the appropriate license fee. The State Fire Marshal shall
6 set standards for the licensing of applicants, including
7 creating a curriculum for training and licensing applicants.
8 The curriculum shall be in place and the licensing process
9 shall be operational by March 15, 1998. The State Fire
10 Marshal shall set criteria for a person to meet in order to
11 be an instructor for the curriculum.
12 Application, license, and license renewal fees under this
13 subsection (b) shall be deposited into the Fireworks License
14 Fund. The fees shall be set by the State Fire Marshal and
15 shall be sufficient to defray the costs and expenses
16 associated with the licensing process. The duration of
17 licenses shall be set by the State Fire Marshal. The
18 Fireworks License Fund is created as a special fund in the
19 State treasury. All money in the Fireworks License Fund
20 shall be used, subject to appropriation by the General
21 Assembly, by the State Fire Marshal to defray the costs and
22 expenses associated with the licensing process under this
23 subsection (b).
24 The State Fire Marshal shall adopt all rules necessary to
25 carry out its responsibilities under this subsection (b).
26 (Source: P.A. 86-1028.)
27 Section 99. Effective date. This Act takes effect
28 January 1, 1998.