Section 235.10  Scope

 

This Part implements the pyrotechnic display and consumer fireworks display permitting requirements and applies to all pyrotechnic displays and consumer fireworks displays in this State, including displays using display fireworks, 1.3G fireworks, special effects fireworks, flame effects, and consumer fireworks.  This Part is intended to supplement the requirements of any federal, State or local laws and regulations governing the safety, setup, discharge and supervision of pyrotechnic displays and consumer fireworks displays, but shall be construed, wherever possible, to avoid conflicting or duplicative requirements.  In the event of a conflict between this Part and the laws and rules enforced by agencies of the federal government, including the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Occupational Safety and Health Administration, the laws and rules enforced by agencies of the federal government shall control.  However, provisions of this Part shall not be deemed to be in conflict with federal requirements on the basis that they are more specific than, more stringent than or impose requirements for which no like requirements are contained in, laws and rules enforced by the federal government.  Further, should there be a conflict between this Part and the laws and rules enforced by the local governmental agency, this Part shall control to the extent that provisions of this Part are more specific than, or more stringent than, or impose requirements for which no like requirements are contained in, laws and rules enforced by local governments.

 

Section 235.20  Definitions

 

For purposes of this Part, the term:

 

"1.3G fireworks" means those fireworks that are used for professional outdoor displays and classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation (USDOT) under 49 CFR 172.101.  [425 ILCS 35/1]  USDOT assigns the following division numbers to the above-referenced fireworks identification numbers:  UN0333 (1.1G), UN0334 (1.2G), and UN0335 (1.3G).  (See 49 CFR 172.101.)

 

"Act" means the Pyrotechnic Use Act [425 ILCS 35].

 

"Applicant" means the individual who is applying for a pyrotechnic or consumer display permit.

 

"Assistant" means an on-site individual who is at least 18 years of age and who, under the supervision of the lead operator, assists with the safety, setup and discharge of a pyrotechnic display.

 

"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

"Certificate of training" means the consumer operator has successfully completed training on the safe handling of consumer fireworks from a training program approved by the Office of the State Fire Marshal.

 

"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.  [425 ILCS 35/1]

 

"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 CFR 1500 and 1507, and classified as fireworks UN0336 or UN0337 by USDOT under 49 CFR 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"; hand-held wire sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing .25 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 .20 grains of explosive mixture; the sale and use of which shall be permitted at all times.  [425 ILCS 35/1]  USDOT assigns the following division numbers to the above-referenced fireworks identification numbers:  UN0336 (1.4G) and UN0337 (1.4S).  (See 49 CFR 172.101.)

 

"Consumer fireworks display" or "consumer display" means the detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect.  [425 ILCS 35/1]

 

"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 the Act.  [425 ILCS 35/1]

 

"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.  [425 ILCS 35/1]

 

"Display fireworks" means any substance or article defined as a Division 1.3G explosive or special effects fireworks or as further defined in the Pyrotechnic Distributor and Operator Licensing Act.  [425 ILCS 35/1]

 

"DNR" means the Illinois Department of Natural Resources.

 

"Fire chief of the local jurisdiction" means the chief of the fire department providing fire protection coverage to the area of display, or his/her designee when expressly provided in the 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 NFPA 160 guidelines, and as may be further defined in the Pyrotechnic Distributor and Operator Licensing Act.  [425 ILCS 35/1]

 

"Lead pyrotechnic operator" means an individual who is responsible for the safety, setup, and discharge of the pyrotechnic display, who is responsible for the supervision of personnel at the pyrotechnic display, and who is licensed pursuant to the Pyrotechnic Distributor and Operator Licensing Act.  [425 ILCS 35/1]

 

"License" means the license issued by OSFM pursuant to the Pyrotechnic Distributor and Operating Licensing Rules.

 

"Local governmental authority" means the appropriate city councils in cities, the president and board of trustees in villages and incorporated towns, and outside the corporate limits of cities, villages and incorporated towns, the county board.

 

"NFPA" means the National Fire Protection Association, a nationally recognized standards-making organization.

 

"Officer" means:

 

if the applicant is a political subdivision of the State, an appointed or elected official; or

 

if the business is a sole proprietorship, the owner of the business or any person exercising managerial control; or

 

if the business is a partnership, any partner who has at least 10% ownership interest or any person exercising managerial control; or

 

if the business is a corporation, any officer or director of the corporation, any person who has at least 10% ownership interest in the corporation, or  any person exercising managerial control.

 

"OSFM" means the 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.  [225 ILCS 227/5]

 

"Production company" means any person in the film, digital and video media, television, commercial, and theatrical stage industry who provides pyrotechnic services or pyrotechnic display services as part of a film, digital and video media, television, commercial, or theatrical production in the State of Illinois and is licensed by OSFM pursuant to the Pyrotechnic Distributor and Operator Licensing Act.  [425 ILCS 35/1] 

 

"Proscenium curtain" means the curtain covering the opening of the stage that is constructed and mounted in a manner that intercepts hot gases, flames and smoke and that prevents flame from a fire on the stage from becoming visible from the auditorium side.

 

"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.  [425 ILCS 35/1]

 

"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 OSFM pursuant to the Pyrotechnic Distributor and Operator Licensing Act.  [425 ILCS 35/1]

 

"Pyrotechnic service" means the detonation, ignition or deflagration of display fireworks, special effects or flame effects to produce a visual or audible effect.  [425 ILCS 35/1]

 

"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 and must be identified as "intended for indoor use".  Special effects fireworks are classified as fireworks UN0431 or UN0432 by the USDOT under 49 CFR 172.101.  [425 ILCS 35/1]  USDOT assigns the following division numbers to the above-referenced pyrotechnic article identification numbers:  UN0431 (1.4G) and UN0432 (1.4S).  (See 49 CFR 172.101.)

 

"USDOT" means the United States Department of Transportation.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.25  Incorporated and Referenced Materials

 

a)         The following national regulations and standards are incorporated in this Part:

 

1)         National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts  02169-7471:

 

A)        NFPA 101, Section 12.3.5, Exception 4, Life Safety Code (2000)

 

B)        NFPA 140, Standard on Motion Picture and Television Production Studio Soundstages, Approved Production Facilities, and Production Locations (2008)

 

B)        NFPA 160, Standard for the Use of Flame Effects Before an Audience (2006)

 

C)        NFPA 1123, Code for Fireworks Display (2006)

 

D)        NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience (2006)

 

2)         Federal Regulations

 

A)        ATF

27 CFR 555, Commerce in Explosives (2006)

 

B)        Consumer Product Safety Commission

 

i)          16 CFR 1500, Hazardous Substance and Articles; Administration and Enforcement Regulations

 

ii)         16 CRF 1507, Fireworks Devices

 

C)        USDOT

49 CFR 172.101, Purpose and Use of Hazardous Materials Table (2005)

 

b)         All incorporations by reference of NFPA standards and federal regulations refer to the standards and regulations on the date specified and do not include any amendments or editions subsequent to the date specified.

 

c)         The following Illinois statutes and regulations are referenced in this Part:

 

1)         Statutes

 

A)        Pyrotechnic Use Act [425 ILCS 35]

 

B)        Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227]

 

C)        Illinois Explosive Act [225 ILCS 210]

State Regulations

 

A)        Office of the State Fire Marshal

Pyrotechnic Distributor and Operating Licensing Rules (41 Ill. Adm. Code 230)

 

B)        Department of Natural Resources

The Illinois Explosives Act (62 Ill. Adm. Code 200)

 

C)        Department of Central Management Services

Travel (80 Ill. Adm. Code 2800)

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.30  General Requirements for All Pyrotechnic Displays and Consumer Fireworks Displays

 

a)         All pyrotechnic displays, pyrotechnic services or consumer fireworks displays require a permit issued by the appropriate local governmental authority in accordance with the Act and this Part.

 

b)         All pyrotechnic displays or pyrotechnic services require the services of a licensed pyrotechnic distributor or licensed production company and a licensed lead pyrotechnic operator employed by a licensed pyrotechnic distributor or a licensed production company in accordance with this Part.

 

c)                  A licensed lead pyrotechnic operator shall be present during any pyrotechnic display or pyrotechnic services and shall personally supervise all assistants, including all phases of the pyrotechnic display.

 

d)         All consumer fireworks displays must be personally supervised by a consumer operator.

 

e)         The fire chief of the local jurisdiction must inspect and approve the display site for all pyrotechnic displays, pyrotechnic services or consumer fireworks displays to ensure that the site is safe to conduct a display or perform the services.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.40  Pyrotechnic Display Permit Requirements

 

a)         The local governmental authority may issue a pyrotechnic display permit to any adult applicant who meets the following minimum requirements:

           

1)         Proof of License.  The issuing local governmental authority must verify that the pyrotechnic display services or pyrotechnic services are provided by a licensed pyrotechnic distributor or licensed production company and that the individual responsible for the setup and firing of the display is a licensed lead pyrotechnic operator for the licensed distributor or licensed production company to whom the permit is issued. 

 

2)        Proof of Insurance.  The local governmental authority issuing the permit shall require proof of liability insurance in a sum not less than $1,000,000 [425 ILCS 35/2.1].  The insurance shall be carried with an insurer authorized to do business in Illinois and shall insure the applicant against liabilities, judgments, costs, damages, and expenses that may accrue against, be charged to, or be recovered from the applicant on the reason of damage to property or injury to or death of any person arising from the pyrotechnic display, pyrotechnic service or flame effect display.  The insurance coverage shall be an occurrence based policy and it shall cover all periods of time when pyrotechnic 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. 

 

3)         Fire Chief Approval.   The fire chief of the local jurisdiction must have inspected the site and determined that the display or pyrotechnic service can be performed in full compliance with Sections 235.50 and 235.60 and that the display or pyrotechnic service shall not be hazardous to property or endanger any person or persons.  [425 ILCS 35/2.1]

 

b)         Time Frame to Apply.  The applicant must submit a written application for a permit at least 15 days in advance of the date of the pyrotechnic display or pyrotechnic service, unless 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.  [425 ILCS 35/2.1]

 

c)         No Permit Required.  No permit shall be required for supervised public displays by State or County Fair Associations.  [425 ILCS 35/2.1]

 

d)         Age of Assistants.  The issuing local governmental authority must verify that all assistants will be at least 18 years of age. In accordance with Section 2001 of the Illinois Explosives Act, no person shall possess, use, purchase or transfer explosive materials unless at least 21 years of age and licensed by DNR, except as otherwise provided by the Illinois Explosives Act and the Pyrotechnic Distributor and Operator Licensing Act.  

 

e)         Identification and Signatures Required on the Permit.  Each pyrotechnic display or pyrotechnic service permit must identify the lead pyrotechnic operator and must contain the signature of the issuing officer for the local governmental authority and the fire chief. 

 

f)         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 shall be transferable.  [425 ILCS 35/2.1]

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.50  1.3G Fireworks Display Compliance Standards

 

All 1.3G fireworks displays and storage shall be conducted in accordance with NFPA 1123.  Storage of display fireworks (1.3G and above) shall comply with the storage requirements set forth by ATF at 27 CFR 555 or by DNR pursuant to Article 3 of the Illinois Explosive Act.  Should there be a conflict between the requirements established by ATF and DNR, those requirements that are more specific, more stringent, or impose requirements for which no like requirements are contained in the other agency's requirements shall control.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.60  Indoor Special Effects Fireworks and Flame Effect Display Compliance Standards

 

a)                  All indoor special effects, flame effect displays and pyrotechnic services and storage shall be conducted in accordance with: 

 

1)         NFPA 1126, as modified by 41 Ill. Adm. Code 230.260;

 

2)         NFPA 160, as modified by 41 Ill. Adm. Code 230.270; and/or

 

3)         NFPA 140.

 

b)                  The building in which the display or pyrotechnic service will occur must meet one of the following requirements:

 

1)                  The building must be protected throughout, including both the seating area and stage, by an automatic sprinkler system; or

 

2)                  The stage must be protected by an automatic sprinkler system and have a proscenium curtain, as required by NFPA 101, that will automatically deploy in the event of a fire.  No special effects fireworks device and/or flame effect device may be set up on the stage forward of the curtain, i.e., on the audience side of the curtain; or

 

3)         In stadia and arenas without automatic sprinkler system protection over the floor area used for contest, performance, or entertainment; over the seating areas; or over open-air concourses where, as required by NFPA 101, Section 12.3.5, Exception 4, an approved engineering analysis substantiated the ineffectiveness of the sprinkler protection due to building height and combustible loading.  In the event a display will occur in a stadium or arena that does not have an automatic sprinkler system protecting the floor area used for contest, performance or entertainment, the seating areas or the open-air concourses, the applicant shall submit, to the local governmental authority and to the fire chief of the local jurisdiction or his/her designee, a written engineering analysis prepared by a licensed professional engineer and the written permission of the building owner.

 

c)                  At any time pyrotechnic materials are on-site, they must be stored in the on-site storage magazine that must be, at minimum, a Type 3 Storage "Day Box" that complies with ATF and DNR (62 Ill. Adm. Code 200.700) requirements for Type 3 magazines.

 

d)                  Each local governmental authority that intends to approve permits for indoor special effects displays, indoor flame effect displays or pyrotechnic services must have at least one inspector who is knowledgeable about NFPA 140, 160 and 1126 and who has received training from OSFM in the safe setup of special fireworks and/or flame effect devices and the inspection of those displays. 

 

e)         At least one inspector from the local jurisdiction must be present during the actual display or pyrotechnic service in a building that meets the requirements of subsection (b)(1).  A minimum of one inspector and one member of the local fire service must be present during the actual display or pyrotechnic service in a building that meets the requirements of subsections (b)(2) and (b)(3).  During the event, the inspector shall be in the immediate area of the lead pyrotechnic operator and the member of the local fire service shall be on the audience side of the proscenium curtain.  In the event the show is of a repetitive nature and will be performed more than 3 times, continued stand-by of the inspector and the member of the local fire service after the third performance is at the fire chief's discretion.  In the event the performance of the display is modified in a manner that affects the location or timing of the effects or the materials and/or products being used, then the inspector must be present during the initial 3 performances of the modified display.

 

f)         Each inspector or member of the local fire service assigned in subsection (e) must have working knowledge of the supplemental fixed or portable fire fighting equipment located at the display area and have a radio for direct communication in an emergency.  They shall also be knowledgeable about crowd management and how to evacuate the building.

 

g)         At the time an individual applies for an indoor pyrotechnic 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 OSFM unless agreed to otherwise by OSFM. [425 ILCS 35/2.1]

 

h)         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.  [425 ILCS 35/2.1]

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.70  Possession of License by Lead Pyrotechnic Operator

 

The lead pyrotechnic operator must be in possession of, and be able to produce, his/her license (see 41 Ill. Adm. Code 230) upon request at all times during the delivery, setup, and performance of the display or pyrotechnic service.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.80  Consumer Operator Training

 

a)                  OSFM shall develop consumer fireworks training materials and related documents designed to instruct a person about the standards relating to safe practices for the storage, use, handling, discharge and display of consumer fireworks. 

 

b)                  OSFM shall offer training classes periodically during the year, depending on demand, to individuals who a local governmental authority designates its Consumer Fireworks Trainer.  OSFM has the authority to charge a reasonable fee for this training and the related materials and documents.  Upon completion of the class, the Consumer Fireworks Trainer will receive a certificate, valid for two years, that permits him/her to conduct consumer fireworks training classes in his/her jurisdiction.  The Consumer Fireworks Trainer will also receive training materials and related documents from OSFM to use when training consumer operators.

 

c)                  Local governmental authorities may only offer consumer fireworks training classes if their Consumer Fireworks Trainers have valid training certificates from OSFM. 

 

d)                  All consumer operators must successfully complete a consumer fireworks training class approved by OSFM.  The local governmental authority from which a consumer operator seeks a Consumer Operator Display Permit shall offer this class.  The local governmental authority may charge a fee for such a class, not to exceed the reasonable costs of providing the class.  Upon completion of the class, the consumer operator will receive a certificate of completion that is valid for one year.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.90  Consumer Fireworks Display Permit Requirements

 

a)         The local governmental authority may issue a consumer fireworks display permit to any competent adult applicant who meets the following minimum requirements:

 

1)         Certificate of Training.  The applicant must provide the issuing local governmental authority his/her certificate of training as evidence of successful completion of a consumer fireworks training class approved by OSFM.  If an applicant holds a valid Lead Pyrotechnic Operator License for Outdoor Pyrotechnic Displays, he/she may provide a copy of his/her license to the local governmental authority as an alternative certificate of training.

 

2)         Fire Chief Approval.  The fire chief of the local jurisdiction must have inspected the site and determined that the display can be performed in full compliance with Section 235.100.

 

b)         Time Frame to Apply.  The applicant must submit a written application for a permit at least 15 days in advance of the date of the display, unless agreed to otherwise by the local jurisdiction issuing the permit and the fire chief of the jurisdiction in which the display will occur.  [425 ILCS 35/3.1]

 

c)         After a permit has been granted, sales, possession, use, and distribution of consumer fireworks for display shall be lawful for that purpose only.  No permit shall be transferable to another individual.  [425 ILCS 35/2.2]

 

d)         Signatures Required on the Permit.  Each consumer display permit must contain the signature of the issuing officer for the local governmental authority and the fire chief.

 

e)         Assistants.  If a consumer operator uses assistants at the display site, each assistant shall have successfully completed a consumer fireworks training class approved by OSFM and must provide proof of his/her valid certificate of training to the local governmental authority prior to issuance of the permit.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.100  Consumer Fireworks Display Compliance Standards

 

All outdoor consumer displays shall be conducted in accordance with the following minimum requirements:

 

a)                  The location at which the consumer fireworks display will be detonated must be at least 200 feet, in all directions, away from any spectators, buildings, structures, or property lines, and must be free of any overhead obstructions. 

 

b)                  A fire extinguisher or water hose or buckets of water, sand and a shovel must be present while consumer fireworks are being prepared for firing, fired, and at all times after the display until all duds, misfires, and unused product have been properly disposed of and until the consumer operator has determined that fallout from the display does not pose a risk of fire.

 

c)                  Consumer operators shall only possess, use or explode approved consumer fireworks.  Consumer fireworks must be stored in a ready box, made of wood or metal, at all times.  The ready box must be covered at all times, including during the discharge of a firework at the discharge site to prevent the accidental discharge of stored fireworks from fallout.

 

d)                  The consumer operator must be in possession of and be able to produce his/her consumer fireworks display permit and certificate of training at all times he/she is present at the display site.  If the consumer operator uses assistants, those assistants must be in possession of, and be able to produce, their certificates of training at all times they are present at the display site.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.110  Consumer Distributors and Retailers

 

a)         Prior to distributing, selling, transferring or providing free of charge any consumer fireworks, consumer distributors and consumer retailers shall require an individual to provide proof that he/she has been issued a permit in accordance with Section 235.90, or that he/she has registered with OSFM as a consumer distributor or consumer retailer in accordance with this Section.

 

b)                  All consumer distributors and consumer retailers must register with OSFM before distributing, selling, offering for sale, exchanging for consideration, transferring or providing free of charge consumer fireworks in the State of Illinois and before advertising or using any title implying that the person is a consumer distributor or retailer.  The applicant shall register on forms provided by OSFM that shall include:

 

1)         The name and address of the business.  The address shall be an actual street address and shall include the city, state and zip code.  A post office box number is not acceptable as an address.

 

2)         The names, telephone numbers, and personal addresses of all owners or officers of the registering business, including a copy of each person's driver's license or other governmental identification that includes the date of birth and photograph. 

 

3)         If the business operates under an assumed name, a copy of the assumed name certificate.

 

4)         The address of each location from which consumer fireworks will be distributed or retailed.

 

5)         The applicant's taxpayer identification number and proof of payment of taxes to the Illinois Department of Revenue (DOR).  If the applicant does not pay taxes to DOR, the applicant shall submit a statement, sworn to under penalty of perjury, from the applicant or its tax preparer identifying why taxes are not paid.

 

6)         The fee of $50 shall be payable by check to the Office of the State Fire Marshal for each location.

 

7)         A copy of the letter or permit issued by the local governmental authority authorizing the applicant to distribute, sell, offer for sale, exchange for consideration, transfer or provide free of charge consumer fireworks at the locations identified in subsection (b)(4).

 

c)                  OSFM shall issue a registration to transfer, provide, distribute and/or sell consumer fireworks or shall notify the applicant of the reason for the denial of registration.

 

d)                  Registration shall permit the consumer distributor or consumer retailer to transfer, provide, distribute and/or sell consumer fireworks in Illinois for the calendar year in which registered.

 

e)                  The consumer distributor or consumer retailer shall register each location from which it distributes or retails consumer fireworks separately.

 

f)                   The registrant shall notify OSFM in writing within 10 business days after the change in any of the information it provided to OSFM to obtain registration.  Proof that a change in name or address has been done in accordance with the law shall be sent to OSFM, including copies of new assumed name certificates.  In the event a business has changed its officers, a sworn statement listing all of the current officers' names and personal addresses, including copies of each officer's driver's license, shall be sent to OSFM.

 

g)                  No person may sell to a single individual a quantity of consumer fireworks exceeding 499 pounds without prior approval by OSFM.  [425 ILCS 35/2.3]  Requests for such approval shall be submitted in writing to OSFM.

 

h)         OSFM will not accept any applications to register a consumer distributor or retailer or for a new location after June 15 for the current July 4^th season.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.120  Forms

 

All applications, permits, and site inspection records shall be on forms approved by OSFM.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.130  List of Approved Consumer Fireworks

 

a)         OSFM will maintain a list of approved consumer fireworks.  The list will be updated annually or as new consumer fireworks items are submitted to OSFM for approval by consumer distributors.

 

b)         The items placed on the list for distribution will be those that the Consumer Fireworks Review Committee has approved for consumer use.

 

c)         The criteria for allowing any particular type of pyrotechnic device (not by name) to be included on the list is based upon the following:

 

1)         The experience or data relating to non-professional use of the type of pyrotechnic in Illinois.

 

2)         The experience or data relating to non-professional use of the type of pyrotechnic in other states.

 

d)         Individuals wishing to request that a particular type of firework be included or excluded from the list may submit a written request to OSFM outlining the reasoning and/or experiences behind their request.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.140  Consumer Fireworks Review Committee

 

The State Fire Marshal shall appoint a review committee to review and approve the consumer fireworks that are permitted to be distributed and sold in the State.

 

a)         The committee shall consist of the following 5 members:

 

1)         The State Fire Marshal or his/her designee, as chair;

 

2)                  One representative from the Illinois Fire Chief's Association;

 

3)                  One representative from a fire department that has experience in pyrotechnic displays;

 

4)                  One representative from a company that distributes consumer fireworks in the State; and

 

5)                  One representative from a company that distributes display fireworks in the State.

 

b)         Members shall serve without salary, but may receive reimbursement for reasonable expenses from OSFM from appropriations for such purposes, in accordance with 80 Ill. Adm. Code 2800.

 

c)         All members shall have one vote and serve a term of 2 years. 

 

d)         The review committee shall approve or disapprove consumer fireworks based on a majority vote of the appointed members.

 

e)         The time frame for review shall be dependent on the type of firework and the amount of information the committee needs to compile to order to generate a decision.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.150  Record of Permits Issued

 

The local governmental authority shall maintain a copy of each display permit issued for a minimum of 4 years from the date of the display.  Any reports of fire, injury, property damage, theft or loss of fireworks that are submitted to the local governmental authority shall be maintained with the copy of the display permit.

 

Section 235.160  Report of Fire, Injury, or Property Damage

 

a)                  Permit holders shall notify the local governmental authority issuing the permit within 24 hours after the following incident:

 

1)                  A fire;

 

2)                  An injury to any person resulting from the display; or

 

3)                  Damage to property in excess of $500, in the aggregate, resulting from the display.

 

b)         The local governmental authority issuing the permit shall notify OSFM of any fire, injury to any person, or damage to property in excess of $500 that resulted from the pyrotechnic or consumer display.  This notification shall be made by telephone to 217-785-0969 during normal working hours and at the Illinois Emergency Management Agency dispatch number, 800-782-7860, outside normal working hours, and in writing within 3 days after learning of the incident.  Written reports shall be mailed to the Office of the State Fire Marshal, Pyrotechnic Division, 1035 Stevenson Drive, Springfield IL 62703-4259.

 

c)         While all pyrotechnic materials must be stored in accordance with regulations adopted by ATF and DNR, all equipment must remain in place and on site following personal injury, property damage in excess of $500 or a fire until an investigation has been completed by OSFM. 

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.170  Report of Theft or Loss of Fireworks

 

a)                  Licensed pyrotechnic distributors and licensed lead pyrotechnic operators shall report the theft or loss of fireworks to local law enforcement in accordance with 41 Ill. Adm. Code 230.190, DNR and ATF.

 

b)                  Consumer distributors and consumer retailers shall report the theft or loss of fireworks in excess of $150 to local law enforcement immediately.  Immediately after discovery of the theft or loss, consumer distributors and consumer retailers shall provide OSFM with written notice that includes a complete description of the fireworks, including manufacturer, brand name, any manufacturer marking and quantity, and a description of the circumstances surrounding the theft or loss.  The written notice shall also identify the local law enforcement agencies contacted and shall be executed under penalty of perjury. 

 

c)                  Consumer operators shall immediately report the theft or loss of fireworks in excess of $150 to local law enforcement and to the local governmental authority that issued the operator a consumer display permit.  Within three days after notification, the local governmental authority that issued the consumer display permit shall notify OSFM in writing of the theft or loss.

 

d)         Written notice shall be mailed to the Office of the State Fire Marshal, Pyrotechnic Division, 1035 Stevenson Drive, Springfield IL 62703-4259.

 

(Source:  Amended at 34 Ill. Reg. 16562, effective October 6, 2010)

 

Section 235.180  Local Authority

 

Nothing in this Part shall prohibit the local governmental authority:

 

a)         from adopting rules or standards that are more stringent than this Part; or

 

b)         from refusing to issue a permit for any reason.