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Public Act 094-0385
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| SB0926 Enrolled |
LRB094 04560 LJB 34589 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Explosives Act is amended by |
changing Section 2001 as follows:
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(225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
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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 |
Distributor and
Operator Licensing Act.
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(Source: P.A. 93-263, eff. 7-22-03.)
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Section 10. The Pyrotechnic Operator Licensing Act is |
amended by changing Sections 1, 5, 10, 30, 35, 50, 65, 75, and |
90 and adding Section 57 as follows:
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(225 ILCS 227/1)
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Sec. 1. Short title. This Act may be cited as the |
Pyrotechnic
Distributor and
Operator Licensing Act.
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(Source: P.A. 93-263, eff. 7-22-03.)
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(225 ILCS 227/5)
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Sec. 5. Definitions. In this Act:
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"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. |
"BATFE" means the federal Bureau of Alcohol, Tobacco and |
Firearms Enforcement. |
"Consumer fireworks" means fireworks that must comply with |
the construction, chemical composition, and labeling |
regulations of the U.S. Consumer Products Safety Commission, as |
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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 |
Fireworks Use Act.
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"Display fireworks" means
any substance or article defined |
as a Division
1.3G or special effects fireworks
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.
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"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.
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"Fireworks" has the meaning given to that term in the |
Fireworks Use Act.
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"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.
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"Lead pyrotechnic operator" means the individual with |
overall
responsibility
for the safety, setup, discharge, and |
supervision of a pyrotechnic display.
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"Office" means Office of the State Fire Marshal.
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"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
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instrumentality of the
United States and any officer, agent, or |
employee of these entities.
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"Pyrotechnic display" or "display" means the detonation, |
ignition, or
deflagration of display fireworks or flame effects
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to produce a visual or audible effect of an
exhibitional nature |
before the public, invitees, or licensees, regardless of
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whether admission is charged. |
"Pyrotechnic distributor" means any person, company, |
association, group of persons, or corporation 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. |
"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.
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(Source: P.A. 93-263, eff. 7-22-03.)
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(225 ILCS 227/10)
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Sec. 10. License; enforcement. No person may act as a |
pyrotechnic distributor or
lead pyrotechnic
operator, or |
advertise or use any title implying that the person is a |
pyrotechnic distributor or
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
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pyrotechnic distributor license issued by the Office. No |
pyrotechnic display shall be conducted without 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
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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 |
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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
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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.
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(Source: P.A. 93-263, eff. 7-22-03.)
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(225 ILCS 227/30)
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Sec. 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 pyrotechnic distributors and 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
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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 |
proximate audience
indoor displays, and NFPA 160 for flame |
effect displays. The State Fire Marshal shall conduct the |
training and examination of pyrotechnic operators and |
pyrotechnic distributors or may delegate the responsibility to |
train and examine pyrotechnic distributors and operators to the |
Department of Natural Resources. The Fire Marshal shall
adopt |
rules as required for the licensing of
a lead pyrotechnic
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operator
involved in an outdoor or indoor pyrotechnic display.
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(Source: P.A. 93-263, eff. 7-22-03.)
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(225 ILCS 227/35)
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Sec. 35. Licensure requirements and fees.
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(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
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developed by October 1, 2004.
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(b) After January 1, 2006
April 1, 2005, all pyrotechnic |
displays, both indoor and
outdoor, must comply with the |
requirements set forth in this Act.
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(c) After January 1, 2006
April 1, 2005, no person
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individual may engage in pyrotechnic distribution without |
first applying for and obtaining a license from the Office. |
Applicants for a license must submit to the Office the |
following: |
(1) A current BATFE license for distribution of display |
fireworks. |
(2) Proof of $1,000,000 in product liability |
insurance. |
(3) Proof of $1,000,000 in general liability |
insurance. |
(4) Proof of Illinois Worker's Compensation Insurance. |
(5) A license fee set by the Office. |
(6) Proof of a current United States Department of |
Transportation (DOT) Identification Number. |
(7) Proof of a current USDOT Hazardous Materials |
Registration Number. |
(8) Proof of having the requisite knowledge, either |
through training, examination, or
continuing education, as |
established by Office rule. |
(c-5) After January 1, 2006, 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
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lead pyrotechnic
operators for indoor and outdoor pyrotechnic |
displays. Applicants for a
license must:
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(1) Pay the fees set by the Office.
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(2) Have the requisite training or continuing |
education as
established
in the Office's rules.
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(3) (Blank)
Pass the examination presented by the |
Office.
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(d) A person is qualified to receive a license under this |
Act if
the person
meets all of the following minimum |
requirements:
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(1) Is at least 21 years of age.
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(2) Has not willfully violated any provisions of this |
Act.
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(3) Has not made any material misstatement or knowingly |
withheld
information in connection with any original or |
renewal application.
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(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.
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(5) Does not have an addiction to or dependency on |
alcohol or drugs that
is likely to endanger the public at a |
pyrotechnic display.
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(6) Has not been convicted in any jurisdiction of any |
felony within the
prior 5 years.
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(7) Is not a fugitive from justice. |
(8) Has, or has applied for, a BATFE explosives license |
or a Letter of Clearance from the BATFE.
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(e) A person is qualified to assist a lead operator if the |
person meets
all of the
following minimum requirements:
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(1) Is at least 18 years of age.
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(2) Has not willfully violated any provision of this |
Act.
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(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.
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(4) Does not have an addiction to or dependency on |
alcohol or drugs that
is likely to endanger the public at a |
pyrotechnic display.
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(5) Has not been convicted in any jurisdiction of any |
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felony within the
prior 5 years.
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(6) Is not a fugitive from justice.
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(Source: P.A. 93-263, eff. 7-22-03.)
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(225 ILCS 227/50)
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Sec. 50. Issuance of license; renewal; fees nonrefundable.
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(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
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licensee and the dates of issuance and expiration. The license |
shall include the name of the pyrotechnic distributor employing |
the lead pyrotechnic operator. A lead pyrotechnic operator is |
required to have a separate license for each pyrotechnic |
distributor who employs the lead pyrotechnic operator.
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(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
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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
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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.
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(c) All fees paid under this Act are nonrefundable.
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(Source: P.A. 93-263, eff. 7-22-03.)
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(225 ILCS 227/57 new)
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Sec. 57. Training; additional lead pyrotechnic operators. |
No pyrotechnic distributor shall allow any person in the |
pyrotechnic distributor's employ to act as a lead pyrotechnic |
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operator until the person has obtained a lead pyrotechnic |
operator's license from the Office. Nothing in this Section |
shall prevent an assistant from acting as a lead pyrotechnic |
operator under the direct supervision of a licensed lead |
pyrotechnic operator for training purposes.
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(225 ILCS 227/65)
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Sec. 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
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following:
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(1) Fraud or material deception in obtaining or |
renewing a license.
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(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.
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(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.
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(4) Performing any service in a grossly negligent |
manner or permitting
any lead pyrotechnic operator or |
assistant
licensed employee to perform a service in a |
grossly negligent manner,
regardless of whether actual |
damage or damage to the public is established.
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(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.
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(6) Willfully receiving direct or indirect |
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compensation
for any professional service not actually |
rendered.
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(7) Having disciplinary action taken against his or her |
license in
another state.
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(8) Making differential treatment against any person |
to his or her
detriment because of race, color, creed, sex, |
religion, or national origin.
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(9) Engaging in unprofessional conduct.
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(10) Engaging in false or misleading advertising.
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(11) Contracting or assisting an unlicensed person to |
perform
services for which a license is required under this |
Act.
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(12) Permitting the use of his or her license to enable |
an unlicensed
person or agency to operate as a licensee.
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(13) Performing and charging for a service without |
having the
authorization to do so from the member of the |
public being served.
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(14) Failure to comply with any provision of this Act |
or the rules
promulgated under this Act.
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(15) Conducting business regulated by this Act without |
a currently valid
license in those circumstances where a |
license is required.
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(Source: P.A. 93-263, eff. 7-22-03.)
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(225 ILCS 227/75)
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Sec. 75. Formal charges; hearing.
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(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.
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(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 |
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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
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at
the licensee's last
known address as listed with the Office.
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(c) The notice of a formal charge shall consist, at a |
minimum, of the
following information:
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(1) The time and date of the hearing.
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(2) A statement that the licensee may appear personally |
at the
hearing and may be represented by counsel.
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(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.
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(4) A statement that the hearing can result in |
disciplinary action
being taken against the
his or her
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license.
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(5) A statement that rules for the conduct of these |
hearings exist and
that it may be in the licensee's
his or |
her best interest to obtain a copy.
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(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
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stated, to the Office as to what disciplinary action, if |
any, should be imposed
on the licensee.
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(7) A statement that the Office may continue the |
hearing.
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(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
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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 |
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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.
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(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
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contravention of the hearing officer's findings.
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(f) All proceedings under this Section are matters of |
public record and a
record of the proceedings shall be |
preserved.
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(Source: P.A. 93-263, eff. 7-22-03.)
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(225 ILCS 227/90)
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Sec. 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
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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
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natural person, or a business offense punishable by a fine of |
up to
$10,000 if
committed by a corporation or other business |
entity:
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(1) Practicing or attempting to practice as a |
pyrotechnic distributor or
lead pyrotechnic
operator
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without a license;
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(2) Obtaining or attempting to obtain a license, |
practice or
business, or
any other thing of value by |
fraudulent representation;
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(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.
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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
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falsely,
the person is guilty of perjury and upon conviction |
may be punished
accordingly.
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(Source: P.A. 93-263, eff. 7-22-03.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |