Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 227/ Pyrotechnic Distributor and Operator Licensing Act.

225 ILCS 227/ Pyrotechnic Distributor and Operator Licensing Act.

    (225 ILCS 227/1)
    Sec. 1. Short title. This Act may be cited as the Pyrotechnic Distributor and Operator Licensing Act.
(Source: P.A. 93‑263, eff. 7‑22‑03; 94‑385, eff. 7‑29‑05.)

    (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.
    "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.
    "Display fireworks" means 1.3G explosive or special effects fireworks.
    "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 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.
    "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.
(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 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 display. 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.)

    (225 ILCS 227/15)
    Sec. 15. Deposit of fees. All fees collected under this Act shall be deposited into the Fire Prevention Fund.
(Source: P.A. 93‑263, eff. 7‑22‑03.)

    (225 ILCS 227/30)
    Sec. 30. Rules. The State Fire Marshal shall adopt all rules necessary to carry out its responsibilities under this Act including rules requiring the training, examination, and licensing of production companies, pyrotechnic distributors and lead pyrotechnic operators. The rules of the State Fire Marshal shall be based upon nationally recognized standards such as those of the National Fire Protection Association (NFPA) 1123 guidelines for outdoor displays, NFPA 1126 for proximate audience displays, NFPA 160 for flame effect displays, and NFPA 140 for motion picture and television production studio soundstages, approved production facilities, and production locations. The State Fire Marshal shall conduct the training and examination of pyrotechnic operators and pyrotechnic distributors or may delegate the responsibility to train and examine pyrotechnic distributors and operators to the Department of Natural Resources.
(Source: P.A. 96‑708, eff. 8‑25‑09.)

    (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, both indoor and outdoor, must comply with 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 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 display services and pyrotechnic services are performed by a licensed lead pyrotechnic operator or (ii) hiring a pyrotechnic distributor licensed in accordance with this Act to perform the pyrotechnic 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 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.
        (5) Proof of a current USDOT Hazardous Materials
     Registration Number, unless proof of such is provided by the employed lead pyrotechnic operator.
        (6) Identification of the licensed lead pyrotechnic
     operator being employed by the company.
    The insurer shall not cancel the insured's coverage or
     remove 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
     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, 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 which it employs shall provide such proof to the Office.
    (e) A person is qualified to assist a lead 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.
        (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.
        (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 227/40)
    Sec. 40. Fingerprint card; fees. The Office may require each applicant to file with his or her application a fingerprint card in the form and manner required by the Department of State Police to enable the Department of State Police to conduct a criminal history check on the applicant.
    The Office may require each applicant to submit, in addition to the license fee, a fee specified by the Department of State Police for processing fingerprint cards, which may be made payable to the State Police Services Fund and shall be remitted to the Department of State Police for deposit into that Fund.
(Source: P.A. 93‑263, eff. 7‑22‑03.)

    (225 ILCS 227/45)
    Sec. 45. Investigation. Upon receipt of an application, the Office shall investigate the eligibility of the applicant. The Office has authority to request and receive from any federal, state or local governmental agency such information and assistance as will enable it to carry out its powers and duties under this Act. The Department of State Police shall cause the fingerprints of each applicant to be compared with fingerprints of criminals filed with the Department of State Police or with federal law enforcement agencies maintaining official fingerprint files.
(Source: P.A. 93‑263, eff. 7‑22‑03.)

    (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 shall include the name of the pyrotechnic distributor or production company employing the lead pyrotechnic operator. A lead pyrotechnic operator is required to have a separate license for each pyrotechnic distributor or production company who employs the lead pyrotechnic operator.
    (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 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.
(Source: P.A. 96‑708, eff. 8‑25‑09.)

    (225 ILCS 227/55)
    Sec. 55. Insufficient funds checks. Any person who on 2 occasions issues or delivers a check or other order to the Office that is not honored by the financial institution upon which it is drawn because of insufficient funds on account shall pay to the Office, in addition to the amount owing upon the check or other order, a fee of $50. If the check or other order was issued or delivered in payment of a renewal fee and the licensee whose license has lapsed continues to practice without paying the renewal fee and the $50 fee required under this Section, an additional fee of $100 is imposed for practicing without a current license. The Office may revoke or refuse to issue the license or licenses of any person who fails to pay the requisite fees.
(Source: P.A. 93‑263, eff. 7‑22‑03.)

    (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.)

    (225 ILCS 227/60)
    Sec. 60. Conditions of renewal; change of address; duplicate license; inspection.
    (a) As a condition of renewal of a license, the Office may require the licensee to report information pertaining to the person's practice in relation to this Act that the Office determines to be in the interest of public safety.
    (b) A licensee shall report a change in home or office address within 10 days of the change.
    (c) The licensee shall carry his or her license at all times when engaging in a pyrotechnic service or pyrotechnic display activity.
    (d) If a license or certificate is lost, a duplicate shall be issued upon payment of the required fee to be established by the Office. If a licensee wishes to change his or her name, the Office shall issue a license in the new name upon satisfactory proof that the change of name was done in accordance with law and upon payment of the required fee.
    (e) Each licensee shall permit his or her facilities to be inspected by representatives of the Office for the purpose of administering this Act.
(Source: P.A. 96‑708, eff. 8‑25‑09.)

    (225 ILCS 227/65)
    Sec. 65. Grounds for discipline. Licensees subject to this Act shall conduct their practice in accordance with this Act and the rules promulgated under this Act. A licensee is subject to disciplinary sanctions enumerated in this Act if the State Fire Marshal finds that the licensee is guilty of any of the following:
        (1) Fraud or material deception in obtaining or
     renewing a license.
        (2) Engaging in dishonorable, unethical, or
     unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities.
        (3) Conviction of any crime that has a substantial
     relationship to his or her practice or an essential element of which is misstatement, fraud, dishonesty, or conviction in this or another state of any crime that is a felony under the laws of Illinois or conviction of a felony in a federal court, unless the licensee demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust.
        (4) Performing any service in a grossly negligent
     manner or permitting any lead pyrotechnic operator or assistant to perform a service in a grossly negligent manner, regardless of whether actual damage or damage to the public is established.
        (5) Addiction to or dependency on alcohol or drugs
     or use of alcohol or drugs that is likely to endanger the public at a pyrotechnic display.
        (6) Willfully receiving direct or indirect
     compensation for any professional service not actually rendered.
        (7) Having disciplinary action taken against his or
     her license in another state.
        (8) Making differential treatment against any person
     to his or her detriment because of race, color, creed, sex, religion, or national origin.
        (9) Engaging in unprofessional conduct.
        (10) Engaging in false or misleading advertising.
        (11) Contracting or assisting an unlicensed person
     to perform services for which a license is required under this Act.
        (12) Permitting the use of his or her license to
     enable an unlicensed person or agency to operate as a licensee.
        (13) Performing and charging for a service without
     having the authorization to do so from the member of the public being served.
        (14) Failure to comply with any provision of this
     Act or the rules promulgated under this Act.
        (15) Conducting business regulated by this Act
     without a currently valid license in those circumstances where a license is required.
(Source: P.A. 93‑263, eff. 7‑22‑03; 94‑385, eff. 7‑29‑05.)

    (225 ILCS 227/75)
    Sec. 75. Formal charges; hearing.
    (a) The Office may file formal charges against a licensee. The formal charges, at a minimum, shall inform the licensee of the specific facts that are the basis of the charge to enable the licensee to defend himself or herself.
    (b) Each licensee whose conduct is the subject of a formal charge that seeks to impose disciplinary action against the licensee shall be served notice of the formal charge at least 30 days before the date of the hearing. The hearing shall be presided over by the Office or a hearing officer authorized by the Office in compliance with the Illinois Administrative Procedure Act. Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was mailed certified, return requested, to the licensee at the licensee's last known address as listed with the Office.
    (c) The notice of a formal charge shall consist, at a minimum, of the following information:
        (1) The time and date of the hearing.
        (2) A statement that the licensee may appear
     personally at the hearing and may be represented by counsel.
        (3) A statement that the licensee has the right to
     produce witnesses and evidence in his or her behalf and the right to cross‑examine witnesses and evidence produced against him or her.
        (4) A statement that the hearing can result in
     disciplinary action being taken against the license.
        (5) A statement that rules for the conduct of these
     hearings exist and that it may be in the licensee's best interest to obtain a copy.
        (6) A statement that the hearing officer authorized
     by the Office shall preside at the hearing and, following the conclusion of the hearing, make findings of fact, conclusions of law, and recommendations, separately stated, to the Office as to what disciplinary action, if any, should be imposed on the licensee.
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