Bill Text: IL HB5099 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Pyrotechnic Use Act of 2020. Provides that display fireworks shall only be offered for sale, exposed for sale, sold at retail, or kept with intent to sell, possess, use, or explode under a permit with specific requirements, a specific license, or for a specific use. Provides requirements for selling consumer fireworks. Provides that the State Fire Marshal may revoke the registration of any seller of consumer fireworks if the seller violates the requirements. Provides the requirements for use of consumer fireworks. Provides exemptions. Provides the procedure regarding the seizure and sale of fireworks that are stored and held in violation of the Act. Provides requirements for the storage of consumer fireworks and display fireworks. Defines terms. Makes conforming changes. Repeals the Pyrotechnic Use Act. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5099 Detail]

Download: Illinois-2019-HB5099-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5099 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
New Act
225 ILCS 227/5
425 ILCS 35/Act rep.
Creates the Pyrotechnic Use Act of 2020. Provides that display fireworks shall only be offered for sale, exposed for sale, sold at retail, or kept with intent to sell, possess, use, or explode under a permit with specific requirements, a specific license, or for a specific use. Provides requirements for selling consumer fireworks. Provides that the State Fire Marshal may revoke the registration of any seller of consumer fireworks if the seller violates the requirements. Provides the requirements for use of consumer fireworks. Provides exemptions. Provides the procedure regarding the seizure and sale of fireworks that are stored and held in violation of the Act. Provides requirements for the storage of consumer fireworks and display fireworks. Defines terms. Makes conforming changes. Repeals the Pyrotechnic Use Act. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
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 Use Act of 2020.
Section 5. Definitions. As used in this Act:
"Competent display operator" means a Bureau of Alcohol,
Tobacco, Firearms and Explosives licensee who has participated
as an assistant in at least 5 public displays of fireworks with
overall responsibility for the operation and safety of a
fireworks display.
"Consumer fireworks" means fireworks that are suitable for
use by the public, designed primarily to produce visible
effects by combustion, and that comply with the construction,
chemical composition, and labeling regulations of the United
States Consumer Product Safety Commission. "Consumer
fireworks" also means fireworks classified as Division 1.4G
explosives by the United States Department of Transportation
under 16 CFR Part 1507, 27 CFR Part 555, or 49 CFR 173.56.
"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

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pistols, toy canes, toy guns, or other devices in which paper
or plastic caps containing twenty-five hundredths grains or
less of explosive mixture 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.
"Display fireworks" means pyrotechnic devices or large
fireworks designed primarily to produce visible or audible
effects by combustion, deflagration, or detonation. "Display
fireworks" also means fireworks classified as Division 1.3G
explosives by the United States Department of Transportation
under 16 CFR Part 1507, 27 CFR Part 555, or 49 CFR 173.56.
"Public display of fireworks" means the use of pyrotechnic
devices or pyrotechnic materials before a proximate audience,
whether indoors or outdoors.
"Seasonal retailers" means any person, firm,
co-partnership, nonprofit, or corporation intending to sell
consumer fireworks between June 10 and July 7, or December 26
and January 4 of each year or both, and shall include permanent
businesses, temporary businesses, stores, stands, or tents.
Section 10. Legality of consumer fireworks and display
fireworks.
(a) Consumer fireworks are legal for retail sale provided

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all applicable federal and State requirements are met.
(b) Display fireworks are not legal for retail sale unless
granted a permit under Section 15.
Section 15. Sale or use of display fireworks. No person,
firm, co-partnership, nonprofit, or corporation shall offer
for sale, expose for sale, sell at retail, keep with intent to
sell, possess, use, or explode any display fireworks, except:
(1) in municipalities the chief of the fire department,
or the mayor or village president where there is no fire
department, and in counties outside of municipalities the
county board or the board of commissioners of the county,
may grant permits for supervised public displays of
fireworks by municipalities, fair associations, amusement
parks, and other organizations or groups of individuals,
if:
(A) every display is handled by a competent display
operator to be approved by the public official by whom
the permit is granted, and shall be of such character,
as in the opinion of the official, after proper
inspection, to not be hazardous to property or endanger
any person;
(B) at least one competent display operator is on
site during display setup and firing and he or she
maintains a copy of the permit application, as signed
by the local authority having jurisdiction, on site and

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at all times the display is in place, which shall be
presented on demand of the State Fire Marshal or local
fire chief;
(C) permits are filed with the State Fire Marshal
at least 15 days in advance of the date of the display;
and
(D) any person remaining within the display area is
identified as licensed by the Bureau of Alcohol,
Tobacco, Firearms and Explosives, an employee thereof,
or an assistant in training to become a competent
display operator and is at least 18 years of age;
(2) the sale, at wholesale, of any display fireworks
for permitted displays by any resident manufacturer,
wholesaler, dealer, or jobber, in accordance with
regulations of the United States Bureau of Alcohol,
Tobacco, Firearms and Explosives if the sale is to the
person holding a display permit as prescribed in paragraph
(1);
(3) the sale of display fireworks in accordance with a
license issued by the United States Bureau of Alcohol,
Tobacco, Firearms and Explosives;
(4) the sale and use in emergency situations of
pyrotechnic signaling devices and distress signals for
marine, aviation, and highway use;
(5) the use of fuses and railway torpedoes by
railroads;

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(6) the sale and use of blank cartridges for use in a
show or theater or for signal or ceremonial purpose in
athletics or sports;
(7) the use of any pyrotechnic device by military
organizations; or
(8) the use of fireworks for agricultural purposes
under the direct supervision of the United States
Department of the Interior or any equivalent or local
agency.
Nothing in this Section shall prohibit a person, firm,
co-partnership, nonprofit, or corporation from offering for
sale, exposing for sale, selling at retail, keeping with intent
to sell, possessing or using consumer fireworks as permitted by
Section 20.
Section 20. Requirements for sale of consumer fireworks;
revocation of registration; use of consumer fireworks.
(a) Consumer fireworks may be offered for sale, sold at
retail, or kept with the intent to sell only if the
requirements of this Section are met.
(b) Any person, firm, co-partnership, nonprofit, or
business intending to sell consumer fireworks shall register
annually with the State Fire Marshal, who may assess a fee of
no more than $25 for each site at which fireworks shall be
sold. This registration requirement does not apply to permanent
business establishments that are open year-round and in which

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the sale of fireworks is ancillary to the primary course of
business.
(c) Permanent business establishments open year-round and
in which the sale of consumer fireworks is ancillary to the
primary course of business shall either meet the definition of
"seasonal retailer" or be permitted to sell the following
consumer fireworks:
(1) dipped stick-sparklers or wire sparklers;
(2) cylindrical fountains;
(3) cone fountains;
(4) illuminating torches;
(5) wheels;
(6) ground spinners;
(7) flitter sparklers; or
(8) toy smoke devices.
(d) A seasonal retailer shall register with the State Fire
Marshal, who may assess a fee of no more than $250 for each
site at which fireworks shall be sold.
(e) Any person, firm, co-partnership, nonprofit, or
corporation intending to sell consumer fireworks as the primary
source of business, shall register with the State Fire Marshal,
who may assess a fee of no more than $500 for each site at which
fireworks will be sold.
(f) The annual registration required by this Section shall
be received by the State Fire Marshal at least 15 days prior to
offering fireworks for sale at the site for which the

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registration is intended. If the registration is received less
than 15 days prior to offering fireworks for sale at the site
for which registration is intended, an additional assessment of
$100 shall be added to the initial fee.
(g) Each site at which fireworks are offered for sale shall
have its registration certificate displayed in a conspicuous
location at the site.
(h) No person or business shall give, offer for sale, or
sell any consumer fireworks to any person under 18 years of
age.
(i) No person under 18 years of age may be employed by a
fireworks distribution facility or manufacturing facility.
(j) No person under 18 years of age shall sell consumer
fireworks at a consumer fireworks retail sales facility
registered under this Section unless the individual is
supervised by a parent or guardian.
(k) A person lawfully possessing consumer fireworks may use
those items if:
(1) he or she is at least 18 years of age;
(2) the fireworks are not ignited within 200 feet of
any structure, vehicle, or other person; and
(3) use of the fireworks does not place him or her in
violation of any local ordinance.
(l) The State Fire Marshal may revoke the registration of
any site that is in violation of a requirement of this Section
or any other requirement provided by this Act. If the violation

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renders any property especially susceptible to fire loss and
there is present such hazard to human life or limb that the
public safety imperatively requires emergency action, the
State Fire Marshal may take that action.
Section 25. Insurance coverage. No permit shall be issued
under this Act unless the applicant shows proof of insurance as
required under Section 12 of the Pyrotechnic Distributor and
Operator Licensing Act. However, the local fire chief or State
Fire Marshal may require a larger amount if, in his or her
judgment, the situation requires it, conditioned for the
payment of all damages which may be caused thereby either to a
person or to property by reason of the permitted display, and
arising from any acts of the licensee, his or her agents,
employees, or subcontractors.
Section 30. Exemptions. Nothing in this Act prevents the
retail sale and use of explosives or signaling flares used in
the course of ordinary business or industry, 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 mixture are used, provided they are so
constructed that the hand cannot come in contact with the cap

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when in place for the explosion, and toy pistol paper or
plastic caps that contain less than twenty hundredths grains of
explosive mixture, shells or cartridges used as ammunition in
firearms, blank cartridges for a show or theater, signal or
ceremonial purposes in athletics or sports, use by military
organizations, or the sale of any kind of fireworks provided
the same are to be shipped by the seller directly out of the
State.
Section 35. Seizure and sale of fireworks.
(a) The State Fire Marshal, or any fire department having
jurisdiction which has been deputized to act on behalf of the
State Fire Marshal, shall cause to be removed at the expense of
the owner all stocks of fireworks which are stored and held in
violation of this Act. After a period of 60 days, the seized
fireworks may be offered for sale by closed bid to a properly
certified fireworks wholesaler.
(b) After a period of 60 days, the seized fireworks may be
offered for sale by closed bid to a properly certified
manufacturer, distributor, or wholesaler. All seized fireworks
or explosives with a Division 1.3G or display firework
designation shall require the notification of the United States
Bureau of Alcohol, Tobacco, Firearms and Explosives. The State
Fire Marshal shall provide the owner or possessor a receipt
containing the complete inventory of any fireworks seized
within 5 business days of the seizure.

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(c) Before any seized fireworks may be disposed of:
(1) if the owner of the seized fireworks is known to
the State Fire Marshal, the State Fire Marshal shall give
notice by registered mail or personal service to the owner
of the State Fire Marshal's intention to dispose of the
fireworks. The notice shall inform the owner of the State
Fire Marshal's intent. The Office of the State Fire Marshal
shall conduct an administrative hearing under the
provisions of the Illinois Administrative Procedure Act;
or
(2) if the identity of the owner of any seized
fireworks is not known to the State Fire Marshal, the State
Fire Marshal shall cause to be published, in a newspaper of
general circulation in the county in which the seizure was
made, notice of the seizure, and of the State Fire
Marshal's intention to dispose of the fireworks. The notice
shall be published once each week for 3 consecutive weeks.
If no person claims ownership of the fireworks within 10
days of the date of the last publication, the State Fire
Marshal may proceed with disposal of the fireworks. If the
owner does claim the fireworks within 10 days of the date
of the last publication, the Office of the State Fire
Marshal shall conduct an administrative hearing under the
provisions of the Illinois Administrative Procedure Act.
(d) Nothing in this Act restricts a county or municipality
from enacting ordinances that affect the sale or use of

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fireworks within its jurisdiction.
Section 40. Storage of consumer fireworks and display
fireworks.
(a) The storage of consumer fireworks or display fireworks
at retail, wholesale, storage, or manufacturing facilities
shall be reported in writing to the State Fire Marshal and the
local fire chief of the jurisdiction where the facilities are
located.
(1) The report shall be completed by the owner or
lessee of the property or the supplier of the fireworks,
and shall include the address of the facility, the location
of the fireworks to be stored, a copy of the shipping bill,
and whether they are consumer fireworks or display
fireworks.
(2) The initial report for permanent business
establishments open year-round shall be submitted between
January 1, 2021, and January 31, 2021, for existing
business and 15 days before storage begins for new
businesses. The report for permanent business
establishments open year-round shall be updated annually
and upon a change in location of the stored items.
(b) Seasonal retailers shall submit, at least 15 days prior
to opening for sale each year, a report to the State Fire
Marshal and the local fire chief of the jurisdiction
identifying:

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(1) the address where the sales will be taking place;
(2) the address where the fireworks will be stored; and
(3) a description of how the fireworks will be stored.
Only one report is due if the seasonal retailer stores the
same product at the same location for both the June 10 through
July 7 and December 26 through January 4 seasons.
(c) Failure to submit a report required under this Section
shall be cause to cease and desist operation of the facility or
site until the required information is properly submitted.
Inspectors shall notify the permit holder in writing and may
allow 24 hours to remedy the violation, unless the violation
poses a distinct fire hazard.
Section 45. Rulemaking. The State Fire Marshal shall adopt
such rules as may be necessary for the implementation of this
Act.
Section 70. The Pyrotechnic Distributor and Operator
Licensing Act is amended by changing Section 5 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.

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"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,
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 of 2020.
"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

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operators and touring technicians during a pyrotechnic display
or pyrotechnic service.
"Display fireworks" means 1.3G explosive or special
effects fireworks.
"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

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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
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

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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.
"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. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
(425 ILCS 35/Act rep.)
Section 75. The Pyrotechnic Use Act is repealed.
Section 99. Effective date. This Act takes effect upon
becoming law.