2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 210/ - Illinois Explosives Act. › Article 1 - Scope And Definitions

(225 ILCS 210/Art. 1 heading)
ARTICLE 1.  
		SCOPE AND DEFINITIONS
(225 ILCS 210/1001) (from Ch. 96 1/2, par. 1-1001)
Sec. 1001. 
		Short Title. 
		This Act shall be known and may be cited as the
Illinois Explosives Act.
(Source: P.A. 86-364.)
(225 ILCS 210/1002) (from Ch. 96 1/2, par. 1-1002)
Sec. 1002. Legislative Declaration. It is hereby
declared to be the policy of this State that safety and security are
primary considerations in the storage, use, acquisition, possession,
disposal and transfer of explosive materials.
An appropriate and thorough system of training, licensing, and certification is
necessary to promote these considerations by assuring that these products
are handled only by qualified persons.
(Source: P.A. 96-1194, eff. 1-1-11.)
(225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
Sec. 1003. Definitions. As used in this Act:
(a) "Person" means any individual, corporation, company, association,
partnership, or other legal entity.
(b) "Explosive materials" means explosives, blasting agents, and detonators.
(c) "Explosive" means any chemical compound, mixture, or device (1) the
primary or common purpose of which is to function by explosion and (2) that is classified as a Division 1.1, 1.2, or 1.3 material under 49 CFR 173.50, as now or hereafter amended, renumbered, or succeeded. The term includes
high and low explosives.
(d) "Blasting agent" means any material or mixture that (1) consists of a fuel
and oxidizer intended for blasting, not otherwise defined as an  explosive,
provided that the finished product, as mixed and packaged for use or
shipment, cannot be detonated by means of a No. 8 blasting cap, as defined
by the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of
Treasury, when unconfined and (2) is classified as a Division 1.5 material under 49 CFR 173.50, as now or hereafter amended, renumbered, or succeeded.
(d-5) "Crime punishable by imprisonment for a term exceeding one year" does not mean (1) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraint of trade, or similar offenses relating to the regulation of business practices as the Secretary of the Treasury may by regulation designate or (2) any State offense, other than one involving a firearm or explosive, classified by the laws of the State as a misdemeanor or punishable by a term of imprisonment of 2 years or less.
(e) "Detonator" means any device that (1) contains any initiating or primary
explosive that is used for initiating detonation and (2) is classified as Division 1.1 or 1.4 material under 49 CFR 173.50, as now or hereafter amended, renumbered, or succeeded.  A detonator may not
contain more than 10 grams of total explosives by weight, excluding
ignition or delay charges.
(f) "Highway" means any public street, public road, or public alley and includes privately financed, constructed, or maintained roads that are regularly and openly traveled by the general public.
(g) "Railroad" or "railway" means  any public steam, electric or other
railroad or rail system which carries passengers for hire, but shall not
include auxiliary tracks, spurs and sidings installed and primarily used in
serving any mine, quarry or plant.
(h) "Building" means and includes any building regularly occupied, in
whole or in part, as a habitation for human beings, and any church,
schoolhouse, railway station or other building where people are accustomed to
assemble, but does not mean or include any buildings of a mine or quarry
or any of the buildings of a manufacturing plant where the business of
manufacturing explosive materials is conducted.
(i) "Factory building" means any building or other structure in which the
manufacture or any part of the manufacture of explosive materials is conducted.
(j) "Magazine" means any building or other structure or container, other
than a factory building, used to store explosive materials.  Where mobile
or portable type 5 magazines are permissible and used, "magazine", for the
purpose of obtaining certificates and calculating fees, means the site on
which such magazines are located.
(k) "Magazine keeper" means a qualified supervisory person licensed by the Department under Article 2 of this Act who is responsible for the acquisition, storage, use, possession, transfer, and disposal of explosive materials, including  inventory and transaction records, and the
proper maintenance of explosive materials, storage magazines, and
surrounding areas.
(l) "Black  powder" means a deflagrating or low explosive compound of an
intimate mixture of sulfur, charcoal and an alkali nitrate, usually
potassium or sodium nitrate.
(m) "Municipality" means cities, villages, incorporated towns,
and townships.
(n) "Fugitive from justice" means any individual who has fled from the
jurisdiction of any court of record to avoid prosecution for any  crime  or
to avoid giving testimony in any criminal proceeding. This term shall also
include any individual who has been convicted of any crime and has fled to
avoid imprisonment.
(o) "Department" means the Department of Natural Resources.
(p) (Blank).
(q) "Director" means the Director of Natural Resources.
(r) "Storage certificate" means the certificate issued by the Department
under Article 3 of this Act that authorizes the holder to store explosive
materials in the magazine for which the certificate is issued.
(s) "License" means that license issued by the Department under Article
2 of this Act authorizing the holder to possess, use, purchase, transfer or
dispose of, but not to store, explosive materials.
(t) "Transfer" of explosive materials means to sell, give, distribute, or otherwise dispose of explosive materials.
(u) "Use" of explosive materials means the detonation, ignition, deflagration, or any other means of initiating explosive materials.
(v) "Disposal" of explosive materials means to render inert pursuant to manufacturer's recommendations or commonly accepted industry standards.
(w) "BATFE" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
(Source: P.A. 96-1194, eff. 1-1-11.)
(225 ILCS 210/1004) (from Ch. 96 1/2, par. 1-1004)
Sec. 1004. Scope. This Act is intended to supplement the requirements
of any federal or State laws and regulations and shall apply to all
acquisition, storage, use, possession, transfer and disposal of explosive
materials, except as provided in Sections 1005, 2000, and 3000 of this Act.
(Source: P.A. 96-1194, eff. 1-1-11.)
(225 ILCS 210/1005)
Sec. 1005. Exemptions.
(a) This Act does not apply to any aspect of the transporting of explosive materials via railroad, water, highway, or air that is regulated by the United States Department of Transportation and agencies thereof, or state agencies with similar jurisdiction, and which pertains to safety.
A person who is licensed under Article 2 of this Act or holds a storage certificate under Article 3 of this Act may transfer explosive materials  to a non-resident of Illinois if the transfer is limited to the purpose of transporting the explosive materials. The non-resident may not use or store explosive materials within Illinois unless he or she is licensed under Article 2 of this Act or holds a storage certificate under Article 3 of this Act.
(b) This Act does not apply to an agricultural fertilizer if the use of the agricultural fertilizer is for agricultural or horticultural purposes.
(c)     This Act does not apply to the possession, use, purchase, transfer, storage, or disposal of explosive material by United States military or other agencies of the United States; or to arsenals, navy yards, depots, or other establishments owned  or operated by the United States.
(d)    Government agencies and their employees that are (1) subject to the requirements of this Act and, (2) in the exercise of their official emergency response functions, are required to store, use, or possess explosive materials, shall not be subject to any fee required by this Act.
(Source: P.A. 96-1194, eff. 1-1-11.)