Bill Text: IL SB1256 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Fireworks Regulation Act of Illinois and the Pyrotechnic Use Act. Provides that "fireworks" and "consumer fireworks" do not include handheld or ground-based sparklers that are nonexplosive and nonaerial, sometimes producing a crackling or whistling effect, and containing 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes (rather than only sparklers) or wood stick or wire sparklers containing not more than 100 grams of pyrotechnic mixture per item. Effective January 1, 2024.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2023-05-19 - Added as Co-Sponsor Sen. Andrew S. Chesney [SB1256 Detail]

Download: Illinois-2023-SB1256-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1256 Introduced 2/3/2023, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
425 ILCS 30/2 from Ch. 127 1/2, par. 102
425 ILCS 35/1 from Ch. 127 1/2, par. 127
Amends the Fireworks Regulation Act of Illinois and the Pyrotechnic Use Act. Provides that "fireworks" and "consumer fireworks" do not include handheld or ground-based sparklers that are nonexplosive and nonaerial, sometimes producing a crackling or whistling effect, and containing 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes (rather than only sparklers) or wood stick or wire sparklers containing not more than 100 grams of pyrotechnic mixture per item. Effective January 1, 2024.
LRB103 28604 CPF 54985 b
A BILL FOR
SB1256 LRB103 28604 CPF 54985 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fireworks Regulation Act of Illinois is
amended by changing Section 2 as follows:
(425 ILCS 30/2) (from Ch. 127 1/2, par. 102)
Sec. 2. The following words and phrases, when used in this
Act, shall for the purpose of this Act have the following
definition and meaning:
(a) The term fireworks shall mean and include any
explosive composition or any substance or combination of
substances, or article prepared for the purpose of producing a
visible or audible effect of a temporary exhibitional nature
by explosion, combustion, deflagration or detonation, and
shall include blank cartridges, toy cannons in which
explosives are used, the type of balloons which require fire
underneath to propel the same, firecrackers, torpedoes, sky
rockets, Roman candles, bombs or other fireworks of like
construction and any fireworks containing any explosive
compound; or any tablets or other device containing any
explosive substance, or containing combustible substances
producing visual effects. The term "fireworks" shall not
include snake or glow worm pellets; smoke devices; handheld or

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ground-based sparklers that are nonexplosive and nonaerial,
that may produce a crackling or whistling effect, and that
contain 75 grams or less of pyrotechnic composition per tube
or a total of 500 grams or less for multiple tubes; trick
noisemakers known as "party poppers", "booby traps",
"snappers", "trick matches", "cigarette loads" and "auto
burglar alarms"; 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; wood
stick or wire sparklers that contain not more than 100 grams of
pyrotechnic mixture per item; and toy pistol paper or plastic
caps which contain less than twenty-five hundredths grains of
explosive mixture; the sale and use of which shall be
permitted at all times.
(b) The term "fireworks plant" shall mean and include all
lands, with buildings thereon, used in connection with the
manufacture or processing of fireworks, as well as storehouses
located thereon for the storage of finished fireworks.
(c) The term "fireworks factory building" shall mean any
building or other structure in which the manufacture of
fireworks, or in which any processing involving fireworks is
carried on.
(d) The term "magazine" shall mean any building or other
structure used for the storage of explosive raw materials used

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in the manufacture of fireworks.
(e) The term "Office" shall mean the Office of the State
Fire Marshal.
(Source: P.A. 83-474.)
Section 10. The Pyrotechnic Use Act is amended by changing
Section 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.
"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

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pellets; smoke devices; trick noisemakers known as "party
poppers", "booby traps", "snappers", "trick matches",
"cigarette loads", and "auto burglar alarms"; handheld or
ground-based sparklers that are nonexplosive and nonaerial,
that produce a crackling or whistling effect, and that contain
75 grams or less of pyrotechnic composition per tube or a total
of 500 grams or less for multiple tubes; 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; wood stick or wire sparklers that contain
not more than 100 grams of pyrotechnic mixture per item; 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
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

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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
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 theatrical
stage industry who provides pyrotechnic services or

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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 an 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
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

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"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. 99-642, eff. 7-28-16.)
Section 99. Effective date. This Act takes effect January
1, 2024.