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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2702 Introduced 1/18/2012, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
| | 425 ILCS 35/1 | from Ch. 127 1/2, par. 127 |
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Amends the Pyrotechnic Use Act. Makes a technical change in a Section
concerning
definitions.
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| | A BILL FOR |
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| | SB2702 | | LRB097 16159 KMW 61312 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Pyrotechnic Use Act is amended by changing |
| 5 | | Section 1 as follows:
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| 6 | | (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
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| 7 | | Sec. 1. Definitions. As used in this Act, the the following |
| 8 | | words shall have the following meanings: |
| 9 | | "1.3G fireworks" means those fireworks used for |
| 10 | | professional outdoor displays and classified as fireworks |
| 11 | | UN0333, UN0334, or UN0335 by the United States Department of |
| 12 | | Transportation under 49 C.F.R. 172.101. |
| 13 | | "Consumer distributor" means any person who distributes, |
| 14 | | offers for sale, sells, or exchanges for consideration consumer |
| 15 | | fireworks in Illinois to another distributor or directly to any |
| 16 | | retailer or person for resale. |
| 17 | | "Consumer fireworks" means those fireworks that must |
| 18 | | comply with the construction, chemical composition, and |
| 19 | | labeling regulations of the U.S. Consumer Products Safety |
| 20 | | Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and |
| 21 | | classified as fireworks UN0336 or UN0337 by the United States |
| 22 | | Department of Transportation under 49 C.F.R. 172.101. |
| 23 | | "Consumer fireworks"
shall not include snake or glow worm |
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| 1 | | pellets; smoke devices; trick noisemakers
known as "party |
| 2 | | poppers", "booby traps", "snappers", "trick matches", |
| 3 | | "cigarette
loads", and "auto burglar alarms"; sparklers; toy |
| 4 | | pistols, toy
canes, toy guns, or other devices in
which paper |
| 5 | | or plastic caps containing twenty-five hundredths grains or
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| 6 | | less of explosive compound are used, provided they are so |
| 7 | | constructed that
the hand cannot come in contact with the cap |
| 8 | | when in place for the
explosion; and toy pistol paper or |
| 9 | | plastic caps that contain less than
twenty hundredths grains of |
| 10 | | explosive mixture; the sale and use of which
shall be permitted |
| 11 | | at all times. |
| 12 | | "Consumer fireworks display" or "consumer display" means |
| 13 | | the detonation, ignition, or deflagration of consumer |
| 14 | | fireworks to produce a visual or audible effect. |
| 15 | | "Consumer operator" means an adult individual who is |
| 16 | | responsible for the safety, setup, and discharge of the |
| 17 | | consumer fireworks display and who has completed the training |
| 18 | | required in Section 2.2 of this Act. |
| 19 | | "Consumer retailer" means any person who offers for sale, |
| 20 | | sells, or exchanges for consideration consumer fireworks in |
| 21 | | Illinois directly to any person with a consumer display permit. |
| 22 | | "Display fireworks" means 1.3G or special effects |
| 23 | | fireworks or as further defined in the Pyrotechnic Distributor |
| 24 | | and Operator Licensing Act. |
| 25 | | "Flame effect" means the detonation, ignition, or |
| 26 | | deflagration of flammable gases, liquids, or special materials |
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| 1 | | to produce a thermal, physical, visual, or audible effect |
| 2 | | before the public, invitees, or licensees, regardless of |
| 3 | | whether admission is charged, in accordance with National Fire |
| 4 | | Protection Association 160 guidelines, and as may be further |
| 5 | | defined in the Pyrotechnic Distributor and Operator Licensing |
| 6 | | Act. |
| 7 | | "Lead pyrotechnic operator" means an individual who is |
| 8 | | responsible for the safety, setup, and discharge of the |
| 9 | | pyrotechnic display or pyrotechnic service and who is licensed |
| 10 | | pursuant to the Pyrotechnic Distributor and Operator Licensing |
| 11 | | Act. |
| 12 | | "Person" means an individual, firm, corporation, |
| 13 | | association, partnership, company, consortium, joint venture, |
| 14 | | commercial entity, state, municipality, or political |
| 15 | | subdivision of a state or any agency, department, or |
| 16 | | instrumentality of the United States and any officer, agent, or |
| 17 | | employee of these entities.
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| 18 | | "Production company" means any person in the film, digital |
| 19 | | and video media, television, commercial, music, or theatrical |
| 20 | | stage industry who provides pyrotechnic services or |
| 21 | | pyrotechnic display services as part of a film, digital and |
| 22 | | video media, television, commercial, music, or theatrical |
| 23 | | production in the State of Illinois and is licensed by the |
| 24 | | Office pursuant to the Pyrotechnic Distributor and Operator |
| 25 | | Licensing Act. |
| 26 | | "Pyrotechnic display" means the detonation, ignition, or |
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| 1 | | deflagration of display fireworks or flame effects to produce |
| 2 | | visual or audible effects of a exhibitional nature before the |
| 3 | | public, invitees, or licensees, regardless of whether |
| 4 | | admission is charged, and as may be further defined in the |
| 5 | | Pyrotechnic Distributor and Operator Licensing Act. |
| 6 | | "Pyrotechnic distributor" means any person who distributes |
| 7 | | display fireworks for sale in the State of Illinois or provides |
| 8 | | them as part of a pyrotechnic display service in the State of |
| 9 | | Illinois or provides only pyrotechnic services and is licensed |
| 10 | | by the Office pursuant to the Pyrotechnic Distributor and |
| 11 | | Operator Licensing Act. |
| 12 | | "Pyrotechnic service" means the detonation, ignition or |
| 13 | | deflagration of display fireworks, special effects or flame |
| 14 | | effects to produce a visual or audible effect. |
| 15 | | "Special effects fireworks" means pyrotechnic devices used |
| 16 | | for special effects by professionals in the performing arts in |
| 17 | | conjunction with theatrical, musical, or other productions
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| 18 | | that are similar to consumer fireworks in chemical compositions
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| 19 | | and construction, but are not intended for consumer use and are
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| 20 | | not labeled as such or identified as "intended for indoor use".
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| 21 | | "Special effects fireworks" are classified as fireworks UN0431
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| 22 | | or UN0432 by the United States Department of Transportation
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| 23 | | under 49 C.F.R. 172.101.
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| 24 | | (Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
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