Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 235 - PYROTECHNIC AND CONSUMER DISPLAY PERMITTING RULES › Section 235.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, the term:
"1.3 G 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 (1.1 G), UN0334 (1.2 G), 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 (1.4 G) 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.