Public Act 93-0263
HB1482 Enrolled LRB093 07785 AMC 07974 b
AN ACT in relation to fireworks.
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 Operator Licensing Act.
Section 5. Definitions. In this Act:
"Display fireworks" means any substance or article
defined as a Division 1.3G or 1.4 explosive by the United
States Department of Transportation under 49 CFR 173.50,
except a substance or article exempted under the Fireworks
Use Act.
"Fireworks" has the meaning given to that term in the
Fireworks Use Act.
"Lead pyrotechnic operator" means the individual with
overall responsibility for the safety, setup, discharge, and
supervision of a pyrotechnic display.
"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.
"Pyrotechnic display" or "display" means the detonation,
ignition, or deflagration of display fireworks to produce a
visual or audible effect of an exhibitional nature before the
public, invitees, or licensees, regardless of whether
admission is charged.
Section 10. License; enforcement. No person may act as a
lead pyrotechnic operator, or advertise or use any title
implying that the person is a lead pyrotechnic operator,
unless licensed by the Office under this Act. An out-of-state
person hired for or engaged in a pyrotechnic display must
have a person licensed under this Act as a lead pyrotechnic
operator supervising the display. The State Fire Marshal, in
the name of the People, through the Attorney General, the
State's Attorney of any county, any resident of the State, or
any legal entity within the State may apply for injunctive
relief in any court to enjoin any person who has not been
issued a license or whose license has been suspended,
revoked, or not renewed, from practicing a licensed activity.
Upon filing a verified petition in court, the court, if
satisfied by affidavit, or otherwise, that the person is or
has been practicing in violation of this Act, may enter a
temporary restraining order or preliminary injunction,
without bond, enjoining the defendant from further unlicensed
activity. A copy of the verified complaint shall be served
upon the defendant and the proceedings are to be conducted as
in other civil cases. The court may enter a judgment
permanently enjoining a defendant from further unlicensed
activity if it is established that the defendant has been or
is practicing in violation of this Act. In case of violation
of any injunctive order or judgment entered under this
Section, the court may summarily try and punish the offender
for contempt of court. Injunctive proceedings are in addition
to all penalties and other remedies in this Act.
Section 15. Deposit of fees. All fees collected under
this Act shall be deposited into the Fire Prevention Fund.
Section 30. Rules. The State Fire Marshal shall adopt
all rules necessary to carry out its responsibilities under
this Act including rules requiring the training, examination,
and licensing of lead pyrotechnic operators engaging in or
responsible for the handling and use of Division 1.3G (Class
B) and 1.4 (Class C) explosives. The test shall incorporate
the rules of the State Fire Marshal, which shall be based
upon nationally recognized standards such as those of the
National Fire Protection Association (NFPA) 1123 guidelines
for outdoor displays and NFPA 1126 for indoor displays. The
Fire Marshal shall adopt rules as required for the licensing
of a lead pyrotechnic operator involved in an outdoor or
indoor pyrotechnic display.
Section 35. Licensure requirements and fees.
(a) Each application for a license to practice under
this Act shall be in writing and signed by the applicant on
forms provided by the Office. The Office shall have the
testing procedures for licensing as a lead pyrotechnic
operator developed by October 1, 2004.
(b) After April 1, 2005, all pyrotechnic displays, both
indoor and outdoor, must comply with the requirements set
forth in this Act.
(c) After April 1, 2005, no individual may act as a lead
operator in a pyrotechnic display without first applying for
and obtaining a lead pyrotechnic operator's license from the
Office. The Office shall establish separate licenses for lead
pyrotechnic operators for indoor and outdoor pyrotechnic
displays. Applicants for a license must:
(1) Pay the fees set by the Office.
(2) Have the requisite training or continuing
education as established in the Office's rules.
(3) Pass the examination presented by the Office.
(d) A person is qualified to receive a license under
this Act if the person meets all of the following minimum
requirements:
(1) Is at least 21 years of age.
(2) Has not willfully violated any provisions of
this Act.
(3) Has not made any material misstatement or
knowingly withheld information in connection with any
original or renewal application.
(4) Has not been declared incompetent by any
competent court by reasons of mental or physical defect
or disease unless a court has since declared the person
competent.
(5) Does not have an addiction to or dependency on
alcohol or drugs that is likely to endanger the public at
a pyrotechnic display.
(6) Has not been convicted in any jurisdiction of
any felony within the prior 5 years.
(7) Is not a fugitive from justice.
(e) A person is qualified to assist a lead operator if
the person meets all of the following minimum requirements:
(1) Is at least 18 years of age.
(2) Has not willfully violated any provision of
this Act.
(3) Has not been declared incompetent by any
competent court by reasons of mental or physical defect
or disease unless a court has since declared the person
competent.
(4) Does not have an addiction to or dependency on
alcohol or drugs that is likely to endanger the public at
a pyrotechnic display.
(5) Has not been convicted in any jurisdiction of
any felony within the prior 5 years.
(6) Is not a fugitive from justice.
Section 40. Fingerprint card; fees. The Office may
require each applicant to file with his or her application a
fingerprint card in the form and manner required by the
Department of State Police to enable the Department of State
Police to conduct a criminal history check on the applicant.
The Office may require each applicant to submit, in
addition to the license fee, a fee specified by the
Department of State Police for processing fingerprint cards,
which may be made payable to the State Police Services Fund
and shall be remitted to the Department of State Police for
deposit into that Fund.
Section 45. Investigation. Upon receipt of an
application, the Office shall investigate the eligibility of
the applicant. The Office has authority to request and
receive from any federal, state or local governmental agency
such information and assistance as will enable it to carry
out its powers and duties under this Act. The Department of
State Police shall cause the fingerprints of each applicant
to be compared with fingerprints of criminals filed with the
Department of State Police or with federal law enforcement
agencies maintaining official fingerprint files.
Section 50. Issuance of license; renewal; fees
nonrefundable.
(a) The Office, upon the applicant's satisfactory
completion of the requirements imposed under this Act and
upon receipt of the requisite fees, shall issue the
appropriate license showing the name, address, and photograph
of the licensee and the dates of issuance and expiration.
(b) Each licensee may apply for renewal of his or her
license upon payment of the applicable fees. The expiration
date and renewal period for each license issued under this
Act shall be set by rule. Failure to renew within 60 days of
the expiration date results in lapse of the license. A lapsed
license may not be reinstated until a written application is
filed, the renewal fee is paid, and the reinstatement fee
established by the Office is paid. Renewal and reinstatement
fees shall be waived for persons who did not renew while on
active duty in the military and who file for renewal or
restoration within one year after discharge from the service.
A lapsed license may not be reinstated after 5 years have
elapsed except upon passing an examination to determine
fitness to have the license restored and by paying the
required fees.
(c) All fees paid under this Act are nonrefundable.
Section 55. Insufficient funds checks. Any person who on
2 occasions issues or delivers a check or other order to the
Office that is not honored by the financial institution upon
which it is drawn because of insufficient funds on account
shall pay to the Office, in addition to the amount owing upon
the check or other order, a fee of $50. If the check or other
order was issued or delivered in payment of a renewal fee and
the licensee whose license has lapsed continues to practice
without paying the renewal fee and the $50 fee required under
this Section, an additional fee of $100 is imposed for
practicing without a current license. The Office may revoke
or refuse to issue the license or licenses of any person who
fails to pay the requisite fees.
Section 60. Conditions of renewal; change of address;
duplicate license; inspection.
(a) As a condition of renewal of a license, the Office
may require the licensee to report information pertaining to
the person's practice in relation to this Act that the Office
determines to be in the interest of public safety.
(b) A licensee shall report a change in home or office
address within 10 days of the change.
(c) The licensee shall carry his or her license at all
times when engaging in pyrotechnic display activity.
(d) If a license or certificate is lost, a duplicate
shall be issued upon payment of the required fee to be
established by the Office. If a licensee wishes to change his
or her name, the Office shall issue a license in the new name
upon satisfactory proof that the change of name was done in
accordance with law and upon payment of the required fee.
(e) Each licensee shall permit his or her facilities to
be inspected by representatives of the Office for the purpose
of administering this Act.
Section 65. Grounds for discipline. Licensees subject to
this Act shall conduct their practice in accordance with this
Act and the rules promulgated under this Act. A licensee is
subject to disciplinary sanctions enumerated in this Act if
the State Fire Marshal finds that the licensee is guilty of
any of the following:
(1) Fraud or material deception in obtaining or
renewing a license.
(2) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public in the course of professional
services or activities.
(3) Conviction of any crime that has a substantial
relationship to his or her practice or an essential
element of which is misstatement, fraud, dishonesty, or
conviction in this or another state of any crime that is
a felony under the laws of Illinois or conviction of a
felony in a federal court, unless the licensee
demonstrates that he or she has been sufficiently
rehabilitated to warrant the public trust.
(4) Performing any service in a grossly negligent
manner or permitting any licensed employee to perform a
service in a grossly negligent manner, regardless of
whether actual damage or damage to the public is
established.
(5) Addiction to or dependency on alcohol or drugs
or use of alcohol or drugs that is likely to endanger the
public at a pyrotechnic display.
(6) Willfully receiving direct or indirect
compensation for any professional service not actually
rendered.
(7) Having disciplinary action taken against his or
her license in another state.
(8) Making differential treatment against any
person to his or her detriment because of race, color,
creed, sex, religion, or national origin.
(9) Engaging in unprofessional conduct.
(10) Engaging in false or misleading advertising.
(11) Contracting or assisting an unlicensed person
to perform services for which a license is required under
this Act.
(12) Permitting the use of his or her license to
enable an unlicensed person or agency to operate as a
licensee.
(13) Performing and charging for a service without
having the authorization to do so from the member of the
public being served.
(14) Failure to comply with any provision of this
Act or the rules promulgated under this Act.
(15) Conducting business regulated by this Act
without a currently valid license.
Section 75. Formal charges; hearing.
(a) The Office may file formal charges against a
licensee. The formal charges, at a minimum, shall inform the
licensee of the specific facts that are the basis of the
charge to enable the licensee to defend himself or herself.
(b) Each licensee whose conduct is the subject of a
formal charge that seeks to impose disciplinary action
against the licensee shall be served notice of the formal
charge at least 30 days before the date of the hearing. The
hearing shall be presided over by the Office or a hearing
officer authorized by the Office in compliance with the
Illinois Administrative Procedure Act. Service shall be
considered to have been given if the notice was personally
received by the licensee or if the notice was mailed
certified, return requested, to the licensee at the
licensee's last known address as listed with the Office.
(c) The notice of a formal charge shall consist, at a
minimum, of the following information:
(1) The time and date of the hearing.
(2) A statement that the licensee may appear
personally at the hearing and may be represented by
counsel.
(3) A statement that the licensee has the right to
produce witnesses and evidence in his or her behalf and
the right to cross-examine witnesses and evidence
produced against him or her.
(4) A statement that the hearing can result in
disciplinary action being taken against his or her
license.
(5) A statement that rules for the conduct of these
hearings exist and that it may be in his or her best
interest to obtain a copy.
(6) A statement that the hearing officer authorized
by the Office shall preside at the hearing and, following
the conclusion of the hearing, make findings of fact,
conclusions of law, and recommendations, separately
stated, to the Office as to what disciplinary action, if
any, should be imposed on the licensee.
(7) A statement that the Office may continue the
hearing.
(d) The Office or the hearing officer authorized by the
Office shall hear evidence produced in support of the formal
charges and contrary evidence produced by the licensee, if
any. If the hearing is conducted by a hearing officer, at the
conclusion of the hearing, the hearing officer shall make
findings of fact, conclusions of law, and recommendations,
separately stated, and submit them to the Office and to all
parties to the proceeding. Submission to the licensee shall
be considered as having been made if done in a similar
fashion as service of the notice of formal charges. Within 20
days after the service, any party to the proceeding may
present to the Office a motion, in writing, for a rehearing.
The written motion shall specify the particular grounds for
the rehearing.
(e) The Office, following the time allowed for filing a
motion for rehearing, shall review the hearing officer's
findings of fact, conclusions of law, recommendations, and
any motions filed subsequent to the hearing. After review of
the information the Office may hear oral arguments and
thereafter issue an order. The report of findings of fact,
conclusions of law, and recommendations of the hearing
officer shall be the basis for the Office's order. If the
Office finds that substantial justice was not done, it may
issue an order in contravention of the hearing officer's
findings.
(f) All proceedings under this Section are matters of
public record and a record of the proceedings shall be
preserved.
Section 80. Sanctions.
(a) The Office shall impose any of the following
sanctions, singularly or in combination, when it finds that a
licensee or applicant is guilty of any offense described in
this Act:
(1) revocation;
(2) suspension for any period of time;
(3) reprimand or censure;
(4) place on probationary status and require the
submission of any of the following:
(i) report regularly to the Office upon
matters that are the basis of the probation;
(ii) continue or renew professional education
until a satisfactory degree of skill has been
attained in those areas that are the basis of the
probation; or
(iii) such other reasonable requirements or
restrictions as are proper;
(5) refuse to issue, renew, or restore; or
(6) revoke probation that has been granted and
impose any other discipline in this subsection (a) when
the requirements of probation have not been fulfilled or
have been violated.
(b) The State Fire Marshal may summarily suspend a
license under this Act, without a hearing, simultaneously
with the filing of a formal complaint and notice for a
hearing provided under this Section if the State Fire Marshal
finds that the continued operations of the individual would
constitute an immediate danger to the public. In the event
the State Fire Marshal suspends a license under this
subsection, a hearing by the hearing officer designated by
the State Fire Marshal shall begin within 20 days after the
suspension begins, unless continued at the request of the
licensee.
(c) Disposition may be made of any formal complaint by
consent order between the State Fire Marshal and the
licensee, but the Office must be apprised of the full consent
order in a timely way.
(d) The Office shall reinstate any license to good
standing under this Act, upon recommendation to the Office,
after a hearing before the hearing officer authorized by the
Office. The Office shall be satisfied that the applicant's
renewed practice is not contrary to the public interest.
(e) The Office may conduct hearings and issue cease and
desist orders to persons who engage in activities prohibited
by this Act without having a valid license, certificate, or
registration. Any person in violation of a cease and desist
order entered by the Office is subject to all of the remedies
provided by law, and in addition, is subject to a civil
penalty payable to the party injured by the violation.
Section 85. Subpoena; production of evidence; records;
administrative review; license suspension; revocation.
(a) The Office has the power to subpoena and bring
before it any person in this State and to take testimony
either orally or by deposition, or both, with the same fees
and mileage and in the same manner as is prescribed by law
for judicial proceedings in civil cases. The State Fire
Marshal, the Office, and the hearing officer approved by the
Office, have the power to administer oaths at any hearing
that the Office is authorized to conduct.
(b) Any circuit court, upon the application of the
licensee, the Office, or the State Fire Marshal, may order
the attendance of witnesses and the production of relevant
books and papers in any hearing under this Act. The court may
compel obedience to its order by proceedings for contempt.
(c) The Office of the State Fire Marshal, at its
expense, shall provide a stenographer or a mechanical
recording device to record the testimony and preserve a
record of all proceedings at the hearing of any case in which
a license may be revoked, suspended, placed on probationary
status, or other disciplinary action taken with regard to the
license. The notice of hearing, complaint, and all other
documents in the nature of pleadings and written motions
filed in the proceedings, the transcript of testimony, the
report of the hearing officer and the orders of the State
Fire Marshal shall constitute the record of the proceedings.
The Office shall furnish a transcript of the record to any
interested person upon payment of the costs of copying and
transmitting the record.
(d) All final administrative decisions of the Office are
subject to judicial review under the Administrative Review
Law and the rules adopted under that Law. Proceedings for
judicial review shall be commenced in the circuit court of
the county in which the party applying for review resides;
but if the party is not a resident of Illinois, the venue is
in Sangamon County. The State Fire Marshal is not required to
certify any record to the court or file any answer in court
or otherwise appear in any court in a judicial review
proceeding, unless there is filed in the court with the
complaint a receipt from the Office acknowledging payment of
the costs of furnishing and certifying the record. Those
costs shall be computed at the cost of preparing the record.
Exhibits shall be certified without cost. Failure on the part
of the licensee to file the receipt in court is a ground for
dismissal of the action. During all judicial proceedings
incident to a disciplinary action, the sanctions imposed upon
the accused by the Office remain in effect, unless the court
feels justice requires a stay of the order.
(e) An order of revocation, suspension, placing the
license on probationary status, or other formal disciplinary
action as the State Fire Marshal may consider proper, or a
certified copy of the order over the seal of the Office and
purporting to be signed by the State Fire Marshal, is prima
facie proof that:
(1) the signature is that of the State Fire
Marshal;
(2) the State Fire Marshal is qualified to Act; and
(3) the hearing officer is qualified to Act on
behalf of the Office.
The proof specified in paragraphs (1), (2), and (3) may
be rebutted.
(f) Upon the suspension or revocation of a license
issued under this Act, a licensee shall surrender the license
to the Office and upon failure to do so, the Office shall
seize the license.
(g) The Office, upon request, shall publish a list of
the names and addresses of all licensees under the provisions
of this Act. The Office shall publish a list of all persons
whose licenses have been disciplined within the past year,
together with such other information as it may consider of
interest to the public.
Section 90. Penalties. Any natural person who violates
any of the following provisions is guilty of a Class A
misdemeanor for the first offense and a corporation or other
entity that violates any of the following provision commits a
business offense punishable by a fine not to exceed $5,000; a
second or subsequent offense in violation of any Section of
this Act, including this Section, is a Class 4 felony if
committed by a natural person, or a business offense
punishable by a fine of up to $10,000 if committed by a
corporation or other business entity:
(1) Practicing or attempting to practice as a lead
pyrotechnic operator without a license;
(2) Obtaining or attempting to obtain a license,
practice or business, or any other thing of value by
fraudulent representation;
(3) Permitting, directing, or authorizing any
person in one's employ or under one's direction or
supervision to work or serve as a licensee if that
individual does not possess an appropriate valid license.
Whenever any person is punished as a repeat offender
under this Section, the Office may proceed to obtain a
permanent injunction against the person under Section 10. If
any person in making any oath or affidavit required by this
Act swears falsely, the person is guilty of perjury and upon
conviction may be punished accordingly.
Section 905. The Illinois Explosives Act is amended by
changing Section 2001 as follows:
(225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
Sec. 2001. No person shall possess, use, purchase or
transfer explosive materials unless licensed by the
Department except as otherwise provided by this Act and the
Pyrotechnic Operator Licensing Act.
(Source: P.A. 86-364.)
Section 910. The Fireworks Use Act is amended by
changing Section 2 as follows:
(425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
Sec. 2. Except as hereinafter provided it shall be
unlawful for any person, firm, co-partnership, or corporation
to knowingly possess, offer for sale, expose for sale, sell
at retail, or use or explode any fireworks; provided that
city councils in cities, the president and board of trustees
in villages and incorporated towns, and outside the corporate
limits of cities, villages and incorporated towns, the county
board, shall have power to adopt reasonable rules and
regulations for the granting of permits for supervised public
displays of fireworks. Every such display shall be handled by
a competent individual who is licensed as a lead pyrotechnic
operator designated by the local authorities herein specified
and shall be of such a character and so located, discharged
or fired, as not to be hazardous to property or endanger any
person or persons. Application for permits shall be made in
writing at least 15 days in advance of the date of the
display and action shall be taken on such application within
48 hours after such application is made. After such privilege
shall have been granted, sales, possession, use and
distribution of fireworks for such display shall be lawful
for that purpose only. No permit granted hereunder shall be
transferable.
Permits may be granted hereunder to any groups of 3 or
more adult individuals applying therefor. No permit shall be
required, under the provisions of this Act, for supervised
public displays by State or County fair associations.
The governing body shall require proof of insurance a
bond from the permit applicant licensee in a sum not less
than $1,000,000 $1,000 conditioned on compliance with the
provisions of this law and the regulations of the State Fire
Marshal adopted hereunder, except that no municipality shall
be required to provide evidence of insurance file such bond.
Such permit shall be issued only after inspection of the
display site by the issuing officer, to determine that such
display shall be in full compliance with the rules of the
State Fire Marshal, which shall be based upon nationally
recognized standards such as those of the National Fire
Protection Association (NFPA) 1123 guidelines for outdoor
displays and NFPA 1126 guidelines for indoor displays and
shall not be hazardous to property or endanger any person or
persons. Nothing in this Section shall prohibit the issuer of
the permit from adopting more stringent rules.
All indoor pyrotechnic displays shall be conducted in
buildings protected by automatic sprinkler systems.
The chief of the fire department providing fire
protection coverage to the area of display, or his or her
designee, shall sign the permit. Forms for such application
and permit may be obtained from the Office of the State Fire
Marshal. One copy of such permit shall be on file with the
issuing officer, and one copy forwarded to the Office of the
State Fire Marshal.
Possession by any party holding a certificate of
registration under "The Fireworks Regulation Act of
Illinois", filed July 20, 1935, or by any employee or agent
of such party or by any person transporting fireworks for
such party, shall not be a violation, provided such
possession is within the scope of business of the fireworks
plant registered under that Act.
(Source: P.A. 86-1028.)
Section 99. Effective date. This Act takes effect upon
becoming law.