Bill Text: IL HB0711 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Illinois Explosives Act. Makes a technical change to a Section concerning the short title.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2011-07-22 - Public Act . . . . . . . . . 97-0164 [HB0711 Detail]

Download: Illinois-2011-HB0711-Amended.html

---

Rep. William Cunningham

Filed: 4/8/2011

09700HB0711ham001 LRB097 03539 CEL 54201 a
AMENDMENT TO HOUSE BILL 711
AMENDMENT NO. ______. Amend House Bill 711 by replacing
everything after the enacting clause with the following:
"Section 5. The Pyrotechnic Distributor and Operator
Licensing Act is amended by changing Sections 5, 10, 35, 50,
57, 90, and 95 and by adding Section 12 as follows:
(225 ILCS 227/5)
Sec. 5. Definitions. In this Act:
"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.
"Assistant" means an individual supervised by a lead
pyrotechnic operator, who assists with the safety, setup,
discharge, and removal of a pyrotechnic display.
"BATFE" means the federal Bureau of Alcohol, Tobacco,

09700HB0711ham001 - 2 - LRB097 03539 CEL 54201 a
Firearms and Explosives.
"Consumer fireworks" means fireworks that must comply with
the construction, chemical composition, and labeling
regulations of the U.S. Consumer Products Safety Commission, as
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
Pyrotechnic Use Act.
"Cover licensor" means any pyrotechnic distributor,
licensed under subsection (c) of Section 35 of this Act, or
production company, licensed under subsection (c-3) of Section
35 of this Act, under whose pyrotechnic license a touring
pyrotechnic company and its touring lead pyrotechnic operators
and touring technicians provide pyrotechnic displays or
pyrotechnic services, or both, in the State.
"Cover licensor representative" means a licensed lead
pyrotechnic operator, either employed by the cover licensor or
insured as an additional named insured on the cover licensor's
general liability and product liability insurance, as
applicable, who is responsible for supervising the safety and
regulatory compliance of the touring lead pyrotechnic
operators and touring technicians during a pyrotechnic display
or pyrotechnic service.
"Display fireworks" means 1.3G explosive or special
effects fireworks.

09700HB0711ham001 - 3 - LRB097 03539 CEL 54201 a
"Event employee" means an individual who works under the
supervision of the lead pyrotechnic operator and who assists
with the safety, setup, and removal of a pyrotechnic display,
but does not handle live pyrotechnic materials or charged flame
equipment.
"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.
"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.
"Lead pyrotechnic operator" means the individual with
overall responsibility for the safety, setup, discharge, and
supervision of a pyrotechnic display or pyrotechnic service.
"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.
"Production company" means any person in the film, digital

09700HB0711ham001 - 4 - LRB097 03539 CEL 54201 a
and video media, television, commercial, music, or and
theatrical stage industry who provides pyrotechnic services or
pyrotechnic display services as part of a film, digital and
video media, television, commercial, music, or theatrical
production in the State of Illinois.
"Pyrotechnic display" or "display" means the detonation,
ignition, or deflagration of display fireworks or flame effects
to produce a visual or audible effect of an exhibitional nature
before the public, invitees, or licensees, regardless of
whether admission is charged.
"Pyrotechnic distributor" means any person 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.
"Pyrotechnic service" means the detonation, ignition, or
deflagration of display fireworks, special effects, or flame
effects to produce a visual or audible effect.
"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.

09700HB0711ham001 - 5 - LRB097 03539 CEL 54201 a
"Touring lead pyrotechnic operator" means an individual
employed by a touring pyrotechnic company who has overall
responsibility for the safety, setup, discharge, and
supervision of a pyrotechnic display or pyrotechnic service.
"Touring pyrotechnic company" means any person that
performs pyrotechnic services or pyrotechnic displays in the
State who lacks a license under subsections (c) or (c-3) of
Section 35 of this Act.
"Touring technician" means an individual employed by a
touring pyrotechnic company who is at least 18 years of age,
who is covered by his or her employer's workers' compensation,
product liability, and general liability policies under
Section 35 of this Act and who, under the supervision of the
touring lead pyrotechnic operator, assists with the safety,
setup, discharge, and removal of a pyrotechnical display.
(Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
(225 ILCS 227/10)
Sec. 10. License; enforcement. No person may act as a
pyrotechnic distributor, production company, or lead
pyrotechnic operator, or advertise or use any title implying
that the person is a pyrotechnic distributor, production
company, or lead pyrotechnic operator, unless licensed by the
Office under this Act. An out-of-state person hired for or
engaged in pyrotechnic services or a pyrotechnic display must
be employed by a licensed pyrotechnic distributor or licensed

09700HB0711ham001 - 6 - LRB097 03539 CEL 54201 a
production company and hold a lead pyrotechnic operator license
issued by the Office. No pyrotechnic services or pyrotechnic
display shall be conducted without a person licensed under this
Act as a lead pyrotechnic operator supervising the pyrotechnic
display or pyrotechnic service. 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.
(Source: P.A. 96-708, eff. 8-25-09.)

09700HB0711ham001 - 7 - LRB097 03539 CEL 54201 a
(225 ILCS 227/12 new)
Sec. 12. Cover license.
(a) Prior to engaging in the setup, discharge, and
supervision of a pyrotechnic display or pyrotechnic service in
the State, all touring pyrotechnic companies shall associate
themselves with a cover licensor in accordance with this
Section. Such association shall be at the discretion of the
cover licensor, and a touring pyrotechnic company shall not
setup or discharge a pyrotechnic display or pyrotechnic service
in the State without such association.
(b) Prior to associating itself with a cover licensor in
accordance with this Section, the touring pyrotechnic company
shall send the cover licensor the following pre-permitting
information a minimum of 20 business days before the event:
(1) a pyrotechnic plan for the event that meets the
specifications of the most current edition of NFPA 1126,
Standard for the Use of Pyrotechnics Before a Proximate
Audience, Sections 6.2 and 6.3 or NFPA 160, Standard for
the Use of Flame Effects Before an Audience, Section 5.3,
or both;
(2) a Certificate of Insurance showing proof of not
less than $1,000,000 in product liability insurance and
$1,000,000 in general liability insurance that both covers
the pyrotechnic display or pyrotechnic service provided
and naming the cover licensor as an additional insured; the

09700HB0711ham001 - 8 - LRB097 03539 CEL 54201 a
product and general liability insurance coverage shall be
an occurrence-based policy, or its equivalent, and it shall
cover all periods of time during which pyrotechnical
materials, including flame effect materials, are in the
insured's actual or constructive possession, including
those times when the materials are being stored,
transported, handled, used, discharged, and displayed; and
(3) proof of Illinois workers' compensation insurance
held by the touring pyrotechnic company for all periods of
time during which the touring pyrotechnic company
employees are engaged in employment-related activities in
the State.
(c) After confirming the sufficiency of the touring
pyrotechnic company's pre-permitting information and agreeing
to associate itself with the touring pyrotechnic company, the
cover licensor shall be obligated to contact the Office of the
State Fire Marshal and any authority having jurisdiction over
the venue or location of the State-based pyrotechnic display or
pyrotechnic service with the following information a minimum of
15 days before the event:
(1) a pyrotechnic plan for the event that meets the
specifications of the most current edition of NFPA 1126,
Standard for the Use of Pyrotechnics Before a Proximate
Audience, Sections 6.2 and 6.3 or NFPA 160, Standard for
the Use of Flame Effects Before an Audience, Section 5.3,
or both;

09700HB0711ham001 - 9 - LRB097 03539 CEL 54201 a
(2) the cover licensor's own Certificate of Insurance
showing proof of the necessary insurance coverage as
provided in Section 35 of this Act that covers the
pyrotechnic service or pyrotechnic display provided and
names the touring pyrotechnic company as an additional
insured and proof of Illinois workers' compensation
insurance;
(3) the touring pyrotechnic company's Certificate of
Insurance showing proof of not less than $1,000,000 in
product liability insurance and $1,000,000 in general
liability insurance that covers the pyrotechnic service or
pyrotechnic display, provided that each of which names the
cover licensor as an additional insured;
(4) the touring pyrotechnic company's proof of
Illinois workers' compensation insurance for all periods
of time during which the touring pyrotechnic company
employees are engaged in employment-related activities in
the State; and
(5) the touring pyrotechnic company's contact
information.
(d) Questions or concerns raised by either the Office of
the State Fire Marshal or the authority having jurisdiction
regarding the information submitted by the touring pyrotechnic
company shall be directed to, and resolved by, the touring
pyrotechnic company prior to the event.
(e) The cover licensor representative shall be present

09700HB0711ham001 - 10 - LRB097 03539 CEL 54201 a
during, and shall personally supervise, all phases of the
pyrotechnic display or pyrotechnic service subject to the cover
license. The cover licensor representative shall personally
supervise all touring lead pyrotechnic operators, touring
technicians, assistants, and event employees.
(f) Representatives of the Office of the State Fire
Marshal, the authority having jurisdiction, and the cover
licensor representative each possess the authority to halt any
pyrotechnic display or pyrotechnic service governed by the
cover license should questions arise about failures to follow
industry standards and safety guidelines, including the most
current edition of NFPA 1126, Standard for the Use of
Pyrotechnics Before a Proximate Audience, and NFPA 160,
Standard for the Use of Flame Effects Before an Audience.
Pyrotechnic displays and pyrotechnic services halted due to
safety concerns shall resume only with the express written
approval of both the cover licensor representative and the
authority having jurisdiction.
(225 ILCS 227/35)
Sec. 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.
(b) After January 1, 2006, all pyrotechnic displays and
pyrotechnic services, both indoor and outdoor, must comply with

09700HB0711ham001 - 11 - LRB097 03539 CEL 54201 a
the requirements set forth in this Act.
(c) After January 1, 2006, no person 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 the type of pyrotechnic
service or pyrotechnic display service provided.
(2) Proof of $1,000,000 in product liability
insurance.
(3) Proof of $1,000,000 in general liability insurance
that covers the pyrotechnic display service or pyrotechnic
service provided.
(4) Proof of Illinois Workers' 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-3) After January 1, 2010, no production company may
provide pyrotechnic displays display services or pyrotechnic
services as part of any production without either (i) obtaining
a production company license from the Office under which all
pyrotechnic displays display services and pyrotechnic services

09700HB0711ham001 - 12 - LRB097 03539 CEL 54201 a
are performed by a licensed lead pyrotechnic operator or (ii)
hiring a pyrotechnic distributor licensed in accordance with
this Act to perform the pyrotechnic displays display services
or pyrotechnic services. Applicants for a production company
license must submit to the Office the following:
(1) Proof of $2,000,000 in commercial general
liability insurance that covers any damage or injury
resulting from the pyrotechnic displays display services
or pyrotechnic services provided.
(2) Proof of Illinois Worker's Compensation insurance.
(3) A license fee set by the Office.
(4) Proof of a current USDOT Identification Number,
unless: proof of such is provided by the employed lead
pyrotechnic operator.
(A) proof of such is provided by the lead
pyrotechnic operator employed by the production
company or insured as an additional named insured on
the production company's general liability insurance,
as required under paragraph (1) of this subsection; or
(B) the production company certifies under penalty
of perjury that it engages only in flame effects or
never transports materials in quantities that require
registration with USDOT, or both.
(5) Proof of a current USDOT Hazardous Materials
Registration Number, unless: proof of such is provided by
the employed lead pyrotechnic operator.

09700HB0711ham001 - 13 - LRB097 03539 CEL 54201 a
(A) proof of such is provided by the lead pyrotechnic
operator employed by the production company or insured as
an additional named insured on the production company's
general liability insurance, as required under paragraph
(1) of this subsection; or
(B) the production company certifies under penalty of
perjury that it engages only in flame effects or never
transports materials in quantities that require
registration with USDOT, or both.
(6) Identification of the licensed lead pyrotechnic
operator being employed by the production company or
insured as an additional named insured on the production
company's general liability insurance, as required under
paragraph (1) of this subsection.
The insurer shall not cancel the insured's coverage or
remove any additional named insured or an additional insured
from the policy coverage without notifying the Office in
writing at least 15 days before cancellation.
(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
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

09700HB0711ham001 - 14 - LRB097 03539 CEL 54201 a
education as established in the Office's rules.
(3) (Blank).
(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.
(8) Has, or has applied for, a BATFE explosives license
or a Letter of Clearance from the BATFE.
(9) If a lead pyrotechnic operator is employed by a
political subdivision of the State or by a licensed
production company, or is insured as an additional named
insured on the production company's general liability

09700HB0711ham001 - 15 - LRB097 03539 CEL 54201 a
insurance, as required under paragraph (1) of subsection
(c-3) of this Section, he or she shall have a BATFE license
for the pyrotechnic services or pyrotechnic display
services provided.
(10) If a production company has not provided proof of
a current USDOT Identification Number and a current USDOT
Hazardous Materials Registration Number, as required by
paragraphs (5) and (6) of subsection (c-3) of this Section,
then the lead pyrotechnic operator employed by the
production company or insured as an additional named
insured on the production company's general liability
insurance, as required under paragraph (1) of subsection
(c-3) of this Section, which it employs shall provide such
proof to the Office.
(e) A person is qualified to assist a lead pyrotechnic
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.

09700HB0711ham001 - 16 - LRB097 03539 CEL 54201 a
(5) Has not been convicted in any jurisdiction of any
felony within the prior 5 years.
(6) Is not a fugitive from justice.
(7) Is employed as an employee of the licensed
pyrotechnic distributor or the licensed production
company, or insured as an additional named insured on the
pyrotechnic distributor's product liability and general
liability insurance, as required under paragraphs (2) and
(3) of subsection (c) of this Section, or insured as an
additional named insured on the production company's
general liability insurance, as required under paragraph
(1) of subsection (c-3) of this Section.
(8) Has been registered with the Office by the licensed
distributor or the licensed production company on a form
provided by the Office prior to the time when the assistant
begins work as an employee on the pyrotechnic display or
pyrotechnic service.
(Source: P.A. 96-708, eff. 8-25-09.)
(225 ILCS 227/50)
Sec. 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. The license

09700HB0711ham001 - 17 - LRB097 03539 CEL 54201 a
shall include the name of the pyrotechnic distributor or
production company employing the lead pyrotechnic operator or
insuring the lead pyrotechnic operator as an additional named
insured on the pyrotechnic distributor's product liability and
general liability insurance, as required under paragraphs (2)
and (3) of subsection (c) of Section 35, or insuring the lead
pyrotechnic operator as an additional named insured on the
production company's general liability insurance, as required
under paragraph (1) of subsection (c-3) of Section 35. A lead
pyrotechnic operator is required to have a separate license for
each pyrotechnic distributor or production company who employs
the lead pyrotechnic operator or insures the lead pyrotechnic
operator as an additional named insured on the pyrotechnic
distributor's product liability and general liability
insurance, as required under paragraphs (2) and (3) of
subsection (c) of Section 35, or insures the lead pyrotechnic
operator as an additional named insured on the production
company's general liability insurance, as required under
paragraph (1) of subsection (c-3) of Section 35.
(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

09700HB0711ham001 - 18 - LRB097 03539 CEL 54201 a
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.
(d) A production company licensed under this Act shall pay
all applicable licensing fees for each lead pyrotechnic
operator it employs or insures as an additional named insured
on the production company's general liability insurance, as
required under paragraph (1) of subsection (c-3) of Section 35.
(Source: P.A. 96-708, eff. 8-25-09.)
(225 ILCS 227/57)
Sec. 57. Training; additional lead pyrotechnic operators.
No pyrotechnic distributor or production company shall allow
any person in the pyrotechnic distributor's or production
company's employ to act as a lead pyrotechnic 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.
(Source: P.A. 96-708, eff. 8-25-09.)

09700HB0711ham001 - 19 - LRB097 03539 CEL 54201 a
(225 ILCS 227/90)
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 provisions 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
pyrotechnic distributor or production company, or 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

09700HB0711ham001 - 20 - LRB097 03539 CEL 54201 a
falsely, the person is guilty of perjury and upon conviction
may be punished accordingly.
(Source: P.A. 96-708, eff. 8-25-09.)
(225 ILCS 227/95)
Sec. 95. Display Reports. A lead pyrotechnic operator
shall file an Illinois Display Report, which shall include the
names and signatures of all lead pyrotechnic operators and
assistants participating in the pyrotechnic display or
pyrotechnic service and the name, department, and signature of
the fire protection jurisdiction, with the Office within 30
days following any pyrotechnic display or pyrotechnic service.
The fire protection jurisdiction shall sign the Ilinois Display
Report if the information therein is true and correct.
(Source: P.A. 96-708, eff. 8-25-09.)
Section 10. The Pyrotechnic Use Act is amended by changing
Sections 1 and 2.1 as follows:
(425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
Sec. 1. Definitions. As used in this Act, the following
words shall have the following meanings:
"1.3G fireworks" means those fireworks 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.

09700HB0711ham001 - 21 - LRB097 03539 CEL 54201 a
"Consumer distributor" means any person who distributes,
offers for sale, sells, or exchanges for consideration consumer
fireworks in Illinois to another distributor or directly to any
retailer or person for resale.
"Consumer fireworks" means those fireworks that must
comply with the construction, chemical composition, and
labeling regulations of the U.S. Consumer Products Safety
Commission, as 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" shall not include snake or glow worm
pellets; smoke devices; trick noisemakers known as "party
poppers", "booby traps", "snappers", "trick matches",
"cigarette loads", and "auto burglar alarms"; sparklers; toy
pistols, toy canes, toy guns, or other devices in which paper
or plastic caps containing twenty-five hundredths grains or
less of explosive compound are used, provided they are so
constructed that the hand cannot come in contact with the cap
when in place for the explosion; and toy pistol paper or
plastic caps that contain less than twenty hundredths grains of
explosive mixture; the sale and use of which shall be permitted
at all times.
"Consumer fireworks display" or "consumer display" means
the detonation, ignition, or deflagration of consumer
fireworks to produce a visual or audible effect.
"Consumer operator" means an adult individual who is

09700HB0711ham001 - 22 - LRB097 03539 CEL 54201 a
responsible for the safety, setup, and discharge of the
consumer fireworks display and who has completed the training
required in Section 2.2 of this Act.
"Consumer retailer" means any person who offers for sale,
sells, or exchanges for consideration consumer fireworks in
Illinois directly to any person with a consumer display permit.
"Display fireworks" means 1.3G or special effects
fireworks or as further defined in the Pyrotechnic Distributor
and Operator Licensing Act.
"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 National Fire
Protection Association 160 guidelines, and as may be further
defined in the Pyrotechnic Distributor and Operator Licensing
Act.
"Lead pyrotechnic operator" means an individual who is
responsible for the safety, setup, and discharge of the
pyrotechnic display or pyrotechnic service and who is licensed
pursuant to the Pyrotechnic Distributor and Operator Licensing
Act.
"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

09700HB0711ham001 - 23 - LRB097 03539 CEL 54201 a
instrumentality of the United States and any officer, agent, or
employee of these entities.
"Production company" means any person in the film, digital
and video media, television, commercial, music, or and
theatrical stage industry who provides pyrotechnic services or
pyrotechnic display services as part of a film, digital and
video media, television, commercial, music, or theatrical
production in the State of Illinois and is licensed by the
Office pursuant to the Pyrotechnic Distributor and Operator
Licensing Act.
"Pyrotechnic display" means the detonation, ignition, or
deflagration of display fireworks or flame effects to produce
visual or audible effects of a exhibitional nature before the
public, invitees, or licensees, regardless of whether
admission is charged, and as may be further defined in the
Pyrotechnic Distributor and Operator Licensing Act.
"Pyrotechnic distributor" means any person 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 and is licensed
by the Office pursuant to the Pyrotechnic Distributor and
Operator Licensing Act.
"Pyrotechnic service" means the detonation, ignition or
deflagration of display fireworks, special effects or flame
effects to produce a visual or audible effect.
"Special effects fireworks" means pyrotechnic devices used

09700HB0711ham001 - 24 - LRB097 03539 CEL 54201 a
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.
(Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
(425 ILCS 35/2.1)
Sec. 2.1. Pyrotechnic displays or pyrotechnic service.
Each pyrotechnic display or pyrotechnic service shall be
conducted by a licensed lead pyrotechnic operator employed by a
licensed pyrotechnic distributor or a licensed production
company, or insured as an additional named insured on the
pyrotechnic distributor's product liability and general
liability insurance, as required under paragraphs 2 and 3 of
subsection (c) of Section 35 of the Pyrotechnic Distribution
and Operating Licensing Act, or insured as an additional named
insured on the production company's general liability
insurance, as required under paragraph (1) of subsection (c-3)
of Section 35 of the Pyrotechnic Distribution and Operating
Licensing Act. Applications for a pyrotechnic display permit
shall be made in writing at least 15 days in advance of the
date of the pyrotechnic display or pyrotechnic service, unless

09700HB0711ham001 - 25 - LRB097 03539 CEL 54201 a
agreed to otherwise by the local jurisdiction issuing the
permit and the fire chief of the jurisdiction in which the
display or pyrotechnic service will occur. After a permit has
been granted, sales, possession, use, and distribution of
display fireworks for the display or pyrotechnic service shall
be lawful for that purpose only. No permit granted hereunder
shall be transferable.
Pyrotechnic display permits may be granted hereunder to any
adult individual applying therefor. No permit shall be required
under the provisions of this Act for supervised public displays
by State or County fair associations.
The applicant seeking the pyrotechnic display permit must
provide proof of liability insurance in a sum not less than
$1,000,000 to the local governmental entity issuing the permit.
A permit shall be issued only after the chief of the fire
department providing fire protection coverage to the area of
display or pyrotechnic service, or his or her designee, has
inspected the site and determined that the display or
pyrotechnic service can be performed in full compliance with
the rules adopted by the State Fire Marshal and that the
display or pyrotechnic service shall not be hazardous to
property or endanger any person or persons. Nothing in this
Section shall prohibit the issuer of a permit from adopting
more stringent rules.
All indoor pyrotechnic displays and pyrotechnic services
shall be conducted in buildings protected by automatic

09700HB0711ham001 - 26 - LRB097 03539 CEL 54201 a
sprinkler systems and meeting the requirements of rules adopted
by the State Fire Marshal pursuant to this Act. At the time an
individual applies for an indoor pyrotechnic display permit
from the local jurisdiction, written notice of the permit
application and the indoor display or pyrotechnic service
information shall be made in writing at least 15 days in
advance of the date of the pyrotechnic display or pyrotechnic
service to the Office, unless agreed to otherwise by the
Office.
Permits shall be signed by the chief of the fire department
providing fire protection to the area of display or pyrotechnic
service, or his or her designee, and must identify the licensed
pyrotechnic distributor or licensed production company and the
lead pyrotechnic operator.
(Source: P.A. 96-708, eff. 8-25-09.)
Section 99. Effective date. This Act takes effect January
1, 2012.".