reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.200 - Oil Burning Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
The rules and regulations governing Oil Burning Equipment shall
				conform to, and be in accordance with, the Standards for the Installation of
				Oil Burning Equipment, published in NFPA Standard No. 31, May 1957, by the
				National Fire Protection Association.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.5 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to the authority conferred upon the Office of the
				State Fire Marshal (OSFM) by Section 3 of the Liquid Petroleum Gas Regulation
				Act [430
				ILCS 5/3 ], OSFM is adopting this Part in relation to
				the storage, transportation, sale and use of liquefied petroleum
				gases.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.7 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 following materials are incorporated by reference in this Part:
1) The American Petroleum Institute (API),
			 1220 L Street, NW, Washington, DC 20005-4070.
API 2510
Design and Construction of LPG
Installations (2001)
2) The
			 National Fire Protection Association (NFPA); 1 Batterymarch Park, Quincy MA
			 02169-7471.
A)
NFPA 54
National Fuel Gas Code (2009)
B)
NFPA 58
Liquefied Petroleum Gas Code (2011)
C)
NFPA 59
Utility LP-Gas Plant Code (2008)
D)
NFPA 1192
Standard on Recreational Vehicles (2011)
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.10 - Storage and Handling of Liquefied Petroleum Gases

Current through Register Vol. 48, No. 28, July 12, 2024
Requirements for the storage and handling of liquefied
				petroleum gases as contained in the 2011 Edition of NFPA 58 (Liquefied
				Petroleum Gas Code) are mandatory with the following additional requirements:
				The pressure relief valve discharge on each aboveground container of more than
				2000 gal. water capacity shall be piped vertically upward to a point at least 7
				ft. above the top of the container, and the discharge opening shall be
				unobstructed to the open air.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.20 - Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants

Current through Register Vol. 48, No. 28, July 12, 2024
Requirements for the storage and handling of liquefied
				petroleum gases at utility gas plants as published in the 2008 Edition of NFPA
				59 (Utility LP-Gas Plant Code) are mandatory.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.30 - Rules for Installation of Gas Appliances and Gas Piping

Current through Register Vol. 48, No. 28, July 12, 2024
Requirements for the installation of gas appliances and gas
				piping as published in the 2009 Edition of NFPA 54 (National Fuel Gas Code) are
				mandatory. Standards for fuel systems and equipment in recreational vehicles as
				published in the 2011 Edition of NFPA 1192 (Standard on Recreational Vehicles)
				are mandatory.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.40 - Storage and Handling of Liquefied Petroleum Gas at Gas Processing Plants

Current through Register Vol. 48, No. 28, July 12, 2024
Storage and handling of liquefied petroleum gas at natural gas
				processing plants, refineries and petrochemical plants shall comply with the
				8th Edition (2001) of Standard API 2510 (Design and
				Construction of Liquified Petroleum Gas Installations (LPG)).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.50 - Installations Must Be in Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
The installations of containers by every person, firm or
				corporation making the installation, and the design, construction and location
				of the containers and pertinent equipment, shall be in compliance with this
				Part.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.60 - Submittal of Plans

Current through Register Vol. 48, No. 28, July 12, 2024
Plans and applications for fixed installations shall be
				submitted to OSFM before construction when utilizing storage containers of over
				2,000 gallons individual water capacity or when the aggregate water capacity
				exceeds 4,000 gallons, and for container filling locations regardless of tank
				capacity. Temporary (not to exceed 6 months) installations, although required
				to comply with all applicable installation and operating requirements
				prescribed by adopted codes, are not required to submit plans and applications
				or undergo an on-site inspection by OSFM.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.70 - Applications, Plans and Blueprints; Fencing Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Applications for approval of installations shall be made out in
				triplicate on blanks furnished by OSFM and shall be accompanied by drawings or
				blueprints in triplicate made to scale, with all dimensions indicated on the
				plans. These applications, drawings or blueprints must be approved by OSFM
				before any new construction or addition is undertaken. Approval will be granted
				if all requirements of this Part are met. Drawings or blueprints shall bear the
				name of the person, firm or corporation proposing the installation. In
				addition, drawings or blueprints shall show the following:
a) The plot of ground to be utilized and its
			 immediate surroundings on all sides, the complete layout of the tanks, the
			 capacity of each tank, the type of tank supports, type of construction of each
			 building and all clearances as required by NFPA 58 (see Section
			 200.10
			 ).
b) The location with respect to
			 city, village or incorporated town, naming adjacent railroads and side tracks
			 and showing the clearance between tanks and closest passenger train tracks,
			 between tracks at the point where the tank car will be placed for unloading and
			 the nearest passenger train tracks, and between unloading docks and closest
			 passenger train tracks.
c) Whether
			 the surrounding area is congested or heavily populated.
d) Fencing and enclosures.
1) The method and location of fencing or
			 other devices used to protect the LP-Gas container against collision and
			 tampering, as specified in NFPA 58. Facilities existing on January 1, 1984
			 shall comply with this Part or the rules in existence at the time of
			 construction. Where LP-Gas containers are located at an establishment
			 completely enclosed by fencing equivalent to that required by NFPA 58, an
			 additional enclosure for containers installed within the fencing shall not be
			 required, except that, if containers are accessible to vehicular traffic, the
			 containers shall be enclosed or encircled by a guard rail, or by posts 6 inches
			 or more in diameter set in firm ground to a depth of at least 24 inches and
			 rising aboveground to a height of 30 inches or more set at intervals of not
			 more than 6 feet.
2) Walls of
			 buildings that are part of the establishment and have adjacent fencing to
			 enclose the facilities shall be acceptable as a portion of any necessary
			 fencing. There shall be no gap or opening between the building wall and the
			 adjacent fencing. Walls of buildings shall not form more than two sides of
			 enclosures for LP-Gas containers. Required means of egress from buildings shall
			 not pass through enclosures for LP-Gas. When building walls are used as part of
			 enclosures, the separation distance from the LP-Gas container to the building
			 shall comply with NFPA 58.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.80 - Operation of Installation Prohibited Until Final Inspection and Approval

Current through Register Vol. 48, No. 28, July 12, 2024
Any liquefied petroleum gases installation requiring approval
				by the OSFM shall not be placed in operation until final inspection and
				approval is given by the OSFM.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.90 - No Supplier Shall Service Any Installation Not In Compliance With Law

Current through Register Vol. 48, No. 28, July 12, 2024
No supplier of liquefied petroleum gases shall service any
				installation not in compliance with the Liquefied Petroleum Gases Law, Rules
				and Regulations.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.100 - Personnel Must be Properly Trained

Current through Register Vol. 48, No. 28, July 12, 2024
Personnel performing installation, service, operation and
				maintenance work must be properly trained in such work in accordance with the
				applicable NFPA Standard cited in this Part. Documentation of training must be
				made available to the OSFM upon request.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.110 - No Self Service Permitted

Current through Register Vol. 48, No. 28, July 12, 2024
No person other than the bulk storage, container charging
				plant, or service station owner or a fully trained authorized employee shall
				use or dispense any liquefied petroleum gases at these
				locations.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.340 - Fireworks Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
The sale, use, explosion or handling of fireworks is prohibited
				on any liquefied petroleum gases bulk storage, service station, or container
				filling plant premises.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 200 - STORAGE, TRANSPORTATION, SALE, AND USE OF LIQUEFIED PETROLEUM GAS › Section 200.350 - Additional Safety Measures Authorized

Current through Register Vol. 48, No. 28, July 12, 2024
The OSFM reserves the right to require additional safety
				measures over and above the regulations contained herein if conditions and
				circumstances indicate that additional safety measures are
				necessary.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part shall
			 apply to all hearings conducted by the Office of the State Fire Marshal, and
1) To review decisions, orders, rulings,
			 recommendations or actions of the State Fire Marshal or his inspectors;
			 and
2) To all enforcement
			 proceedings, investigations and inquiries into matters within the jurisdiction
			 of the State Fire Marshal including, but not limited to, proceedings instituted
			 by orders to show cause.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.20 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
			 aggrieved by a decision, order or ruling of the Office may as a matter of right
			 request a hearing before a Hearing Officer. Such a hearing shall be a
			 proceeding de novo.
b) All requests
			 for hearings
1) must be in writing;
2) must contain an address and telephone
			 number where the appellant may be notified of the time and place of the
			 hearing; and
3) must set forth the
			 reasons why the order of the State Fire Marshal should be reversed or
			 modified.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.30 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Contested Case" means an adjudicatory proceeding, not
				including rule-makings, quasi-legislative, informational or similar
				proceedings, in which the individual legal rights, duties or privileges of a
				party are required by law to be determined by the Office only after an
				opportunity for hearing.
"Hearing Officer" means the presiding officer or officers at
				the initial hearing before the Office and each continuation thereof. A Hearing
				Officer must be an attorney-at-law licensed to practice in
				Illinois.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.40 - Service of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Persons filing papers with the Office shall simultaneously serve copies on all
			 parties to the proceeding in any manner authorized by the Code of Civil
			 Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 1-101 et seq.).
b) Papers required to be filed with the
			 Office shall be accompanied by proof of service upon all those required to be
			 served.
c) All papers required to
			 be filed with the Office must be filed at its principal office at 3150
			 Executive Park Drive, Springfield, Illinois 62703, during business
			 hours.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.50 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person who
			 files an appeal need not be represented by an attorney.
b) No one may appear before the Office in a
			 representative capacity except:
1) Those
			 licensed to practice law.
2) A
			 partnership may be represented by a partner.
3) A corporation may be represented by an
			 officer.
4) The Office may be
			 represented by any employee authorized by the Fire Marshal.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.60 - Conduct of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Hearing Officer shall designate the time and place of the hearing and shall
			 preside at the hearing.
b) The
			 Hearing Officer shall designate a reasonable time following final agreements in
			 which the parties may submit proposed findings of fact and conclusions of law
			 orally and on the record prior to the adjournment of the hearing.
c) After closing arguments, the Hearing
			 Officer shall within 10 days after the close of the hearing make findings of
			 fact and conclusions of law and may make a recommendation to the State Fire
			 Marshal.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.70 - Authority of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
A Hearing Officer shall:
a) require prior submission of testimony and
			 exhibits in writing;
b) require all
			 parties to state their position with respect to a proposal;
c) administer oaths and
			 affirmations;
d) examine witnesses
			 and direct witnesses to testify;
e)
			 regulate the course of the hearing, maintain order and develop a clear and
			 complete record;
f) limit the
			 number of times a witness may testify, and limit repetitious or cumulative
			 testimony;
g) issue discovery
			 orders;
h) rule upon objections to
			 subpoenas and discovery orders, and all motions presented during the course of
			 the hearing.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.80 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer may grant for good cause, e.g.
				unavailability of a witness or party or illness, a subsequent continuance at
				the request of a party or a continuance on his own motion. A hearing may be
				adjourned by the Hearing Officer to permit further testimony or argument
				whenever this action is beneficial for the development of a clear and complete
				record. One continuance shall be granted to any party as a matter of right if
				the request is received by the Office at least one week prior to the scheduled
				hearing. In determining whether to grant a subsequent continuance, the Hearing
				Officer will consider factors such as the number of continuances already
				granted to a party.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.90 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpoenas for
			 the attendance of witnesses from any place in Illinois or for the production of
			 books, papers, accounts, records, or documents during or prior to a hearing
			 held pursuant to these rules will be issued by the Hearing Officer upon his own
			 motion, or upon application of a party showing that a subpoena is reasonably
			 required.
b) Applications for
			 subpoenas to compel the production of books, papers, accounts, records or
			 documents shall identify the material sought.
c) Witness fees shall be the same as allowed
			 in the Circuit Court of the State of Illinois pursuant to Section 47 of "AN ACT
			 concerning fees and salaries, and to classify the several counties of this
			 state with reference thereto" (Ill. Rev. Stat. 1985, ch. 53, par.
			 65).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.100 - Depositions and Interrogatories

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon application of a party showing that a
			 deposition is required or would be expeditious and setting forth the facts to
			 be proved or information sought, the Hearing Officer will allow the taking of
			 depositions. This rule may be waived by agreement of the parties provided that
			 the taking of depositions shall not be cause for postponements of hearings or
			 delay of the Office's disposition of the proceeding.
b) Parties may serve interrogatories,
			 requests to produce documents for inspection and copying, and requests for the
			 admission or denial of material facts. The Hearing Officer shall set a
			 reasonable time based on factors such as volume of material sought, difficulty
			 of obtaining such materials or answers, or number of interrogatories, for
			 compliance with his order to answer or produce the requested
			 material.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.110 - Pre-Hearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 written notice by the Hearing Officer in any proceeding, parties or their
			 attorneys may be requested to appear at a specified time and place for a
			 conference, prior to or during the course of hearings for the purpose of
			 formulating issues and considering:
1)
			 simplification of issues;
2) the
			 necessity or desirability of amending the pleadings for the purpose of
			 clarification, amplification or limitation;
3) the possibility of making admissions of
			 certain averments of facts for stipulations concerning the use by any party of
			 matters of public record to avoid unnecessary introduction of proof;
4) the limitation of witnesses;
5) such other matters as may aid in a
			 simplification of the evidence and disposition of the proceedings.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.120 - Order of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The following shall be the order of all hearings, subject to
				modification by agreement of the parties:
a) presentation, argument and disposition of
			 motions preliminary to a hearing on the merits of the matters raised in the
			 complaint;
b) presentation of
			 opening statements;
c) appellant's
			 case in chief;
d) respondent's case
			 in chief;
e) appellant's case in
			 rebuttal;
f) statements from
			 interested citizens;
g) appellant's
			 closing argument;
h) respondent's
			 closing argument;
i) appellant's
			 rebuttal argument;
j) presentation
			 and argument of all motions, proposed findings and conclusions prior to final
			 order.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.130 - Stipulations

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is the policy
			 of the Office that the parties to a proceeding should, to the fullest extent
			 possible, stipulate all matters which are not or fairly should not be in
			 dispute.
b) At the hearing the
			 parties may file a stipulation setting forth
1) All pertinent matters which are not in
			 dispute;
2) A list of all exhibits
			 to which there are no objections;
3) Matters that are in dispute;
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.140 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) All witnesses
			 testifying at hearings shall testify upon oath or affirmation.
b) Admissibility of evidence shall be
			 governed by Section 12 of the Illinois Administrative Procedure Act (Ill. Rev.
			 Stat. 1985, ch. 127, par. 1012).
c)
			 When objection is made to the admissibility of evidence, the Hearing Officer
			 shall either receive the disputed evidence subject to ruling at a later time,
			 or may exclude the evidence at that time.
d) Upon his own motion or upon objection of
			 any party, the hearing officer shall exclude inadmissible evidence.
e) A party offering evidence that is ruled
			 inadmissible shall be permitted to make a brief offer of proof.
f) Writings shall be legible and exhibits
			 shall be plainly marked and identified. The hearing record shall reflect the
			 identity of the party offering an exhibit and shall indicate whether it was
			 admitted into evidence.
g) The
			 Hearing Officer and the State Fire Marshal may take official notice of:
1) the customs, usages and traditions of fire
			 safety;
2) Fire Prevention and
			 Safety (41 Ill. Adm. Code 100);
3)
			 matters within its specialized knowledge and expertise;
4) all matters of which the Circuit Courts of
			 this state may take judicial notice.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.150 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Failure of a party to appear on the date set for hearing, or
				failure to proceed as ordered by the State Fire Marshal, shall constitute a
				default. The State Fire Marshal shall enter such final order as shall be
				received from applicable motion.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.160 - Closing Arguments

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 a hearing is held, the Hearing Officer shall allot a reasonable amount of time
			 for closing arguments.
b) The
			 parties may with notice to the Hearing Officer file briefs in addition to or in
			 lieu of closing arguments. The Hearing Officer shall set a briefing
			 schedule.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.170 - Findings of Fact and Conclusions of Law

Current through Register Vol. 48, No. 28, July 12, 2024
Orders disposing of contested matters upon the merits shall set
				forth the State Fire Marshal's findings of fact and conclusions of law and
				shall be served by certified mail.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 210 - APPEALS AND ENFORCEMENT PROCEEDINGS › Section 210.180 - Transcripts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hearings shall
			 be recorded either by mechanical or stenographic means as determined by the
			 Hearing Officer. The Office shall bear the cost of recording. Parties to
			 hearings conducted pursuant to these rules may provide their own recording or
			 stenographer at such proceedings at their own cost in addition to that provided
			 by the Office.
b) Where no verbatim
			 transcript is available, either through failure of mechanical recording devices
			 or inadequate or incomplete stenographic recording, the appellant shall utilize
			 the procedures for preparing a report of proceedings contained in Illinois
			 Supreme Court Rule 323 (Ill. Rev. Stat. 1985, ch. 110A, par. 322).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.10 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part implements the Pyrotechnic Distributor and Operator
				Licensing Act [225 ILCS 227 ] and applies to all individuals who distribute
				display fireworks or conduct pyrotechnic displays, or are responsible for the
				safety, setup, discharge and supervision of a pyrotechnic display in this
				State. This Part is intended to supplement the requirements of any federal,
				State or local laws and regulations governing the distribution or sale of
				fireworks, including the safety, setup, discharge and supervision of
				pyrotechnic 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 agencies of 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, more stringent than, or impose
				requirements for which no like requirements are contained in, laws and rules
				enforced by the local governmental agency.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.25 - Incorporated and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
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, Life
			 Safety Code (2000)
B) NFPA 140,
			 Standard on Motion Picture and Television Production Studio Soundstages,
			 Approved Production Facilities, and Production Locations (2008)
C) NFPA 160, Standard for the Use of Flame
			 Effects Before an Audience (2006)
D) NFPA 1123, Code for Fireworks Display
			 (2006)
E) NFPA 1126, Standard for
			 the Use of Pyrotechnics Before a Proximate Audience (2006)
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.30 - General Requirements for Pyrotechnic Displays

Current through Register Vol. 48, No. 28, July 12, 2024
a) All pyrotechnic displays or pyrotechnic
			 services require a permit issued by the appropriate local governmental
			 authority in accordance with the Pyrotechnic Use Act [425 ILCS 35 ].
b) All pyrotechnic displays or pyrotechnic
			 services require the services of a licensed pyrotechnic distributor or a
			 licensed production company and a licensed lead pyrotechnic operator 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) The fire chief of the local jurisdiction
			 or his/her designee must inspect and approve the display site for all
			 pyrotechnic displays or pyrotechnic services to ensure that the site is safe to
			 conduct a display.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.40 - Compliance Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 pyrotechnic displays shall be conducted in accordance with the edition of the
			 following copyrighted standards and recommended practices:
1) NFPA 1123;
2) NFPA 1126, as modified by Section
			 230.260;
3) NFPA 160, as modified by Section
			 230.270;
			 or
4) NFPA 140.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.50 - Qualifications for Distributor License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in this Section, no
			 license shall be granted to an applicant who has not reached the age of 21 and
			 met the requirements of the Act (in particular Section 35) and paid the
			 required application fee.
b) The
			 applicant must have a current license from ATF for the type of pyrotechnic
			 service or pyrotechnic display service provided. In the event the applicant's
			 license has expired, the applicant must submit proof from ATF that the license
			 is in the process of being renewed. OSFM may issue the applicant temporary
			 authorization to act until ATF renews the applicant's license. In the event the
			 applicant distributes only flame effect pyrotechnic displays, the applicant
			 must submit an affidavit, signed under penalties of perjury, identifying the
			 full extent of pyrotechnic services the applicant provides, and all materials
			 used. With respect to these pyrotechnic services, the applicant shall
			 acknowledge that he or she does not transport, receive, distribute, possess,
			 store or acquire for use any material that requires an ATF license.
c) The applicant must have a current
			 Identification Number and Hazardous Materials Registration Number issued by
			 USDOT. In the event the applicant distributes only flame effect pyrotechnic
			 displays and/or the applicant never transports materials in quantities that
			 require registration with USDOT, the applicant must submit an affidavit, signed
			 under penalty of perjury. In this affidavit, the applicant shall identify all
			 materials he/she uses in the display services provided, the quantity of each
			 material transported for these displays, and an acknowledgement that the
			 applicant never transports materials in quantities that require registration
			 with USDOT. If the applicant never transports materials in quantities that
			 require registration with USDOT, but takes possession of such materials at the
			 display site, the applicant must maintain a file of all documentation
			 concerning the transportation of those materials and provide copies of the
			 documents to OSFM upon request.
d)
			 At least one officer of a pyrotechnic distributor must be a licensed lead
			 pyrotechnic operator for the type of display services provided.
e) An out-of-state person hired for or
			 engaged in pyrotechnic services or a pyrotechnic display must have a
			 pyrotechnic distributor license issued by OSFM, or be employed by a licensed
			 pyrotechnic distributor and hold a lead pyrotechnic operator license issued by
			 OSFM. [225 ILCS
			 227/10 ]
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.55 - Qualifications for Production Company License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in this Section, no
			 license shall be granted to an applicant who is not a production company that
			 provides pyrotechnic display services or pyrotechnic services as part of any
			 production, has not reached the age of 21, has not met the requirements of the
			 Act (in particular Section 35) and paid the required application fee.
b) The applicant must have a current
			 Identification Number and Hazardous Materials Registration Number issued by
			 USDOT. In the event the applicant distributes only flame effect pyrotechnic
			 displays, and/or the applicant never transports materials in quantities that
			 require registration with USDOT, the applicant must submit an affidavit, signed
			 under penalty of perjury. In this affidavit the applicant shall identify all
			 materials he/she uses in the display services provided, the quantity of each
			 material transported for these displays, and an acknowledgement that the
			 applicant never transports materials in quantities that require registration
			 with USDOT. If the applicant never transports materials in quantities that
			 require registration with USDOT, but takes possession of those materials at the
			 display site, the applicant must maintain a file of all documentation
			 concerning the transportation of those materials and provide copies of the
			 documents to OSFM upon request. Alternatively, this information may be provided
			 by the licensed lead pyrotechnic operator for the production company.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.60 - Qualifications for Limited Distributor License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in this Section, no
			 limited distributor's license shall be granted to an applicant that is not a
			 political subdivision of the State, met the requirements of the Act (in
			 particular Section 35) and paid the required application fee.
b) Pursuant to Section 845(a)(3) of the
			 Federal Explosives Law, the transportation, shipment, receipt, or importation
			 of explosive materials for delivery to a political subdivision of the State
			 does not require the political subdivision of the State to hold a license
			 issued by ATF.
c) The applicant
			 must have a current Identification Number and Hazardous Materials Registration
			 Number issued by USDOT. In the event the applicant distributes only flame
			 effect pyrotechnic displays, and/or the applicant never transports materials in
			 quantities that require registration with USDOT, the applicant must submit an
			 affidavit, signed under penalty of perjury. In this affidavit, the applicant
			 shall identify all materials he/she uses in the display services provided, the
			 quantity of each material transported for these displays, and an
			 acknowledgement that the applicant never transports materials in quantities
			 that require registration with USDOT. If the applicant never transports
			 materials in quantities that require registration with USDOT, but takes
			 possession of such materials at the display site, the applicant must maintain a
			 file of all documentation concerning the transportation of those materials and
			 provide copies of the documents to OSFM upon request.
d) The applicant must provide, for approval
			 by OSFM, proof of having the requisite knowledge, through training,
			 examination, or continuing education, of the pyrotechnic materials and
			 pyrotechnic displays it provides. [225 ILCS
			 227/35(c)(8) ]
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.65 - Qualifications for Production Company Lead Operator Licensing Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a) Outdoor
			 Professional Licensing Approval
1) No
			 licensing approval shall be granted to an applicant who has not reached the age
			 of 21 and met the requirements of the Act.
2) The applicant must have a current license
			 or Letter of Clearance from ATF for the type of pyrotechnic service or
			 pyrotechnic display provided. In the event the applicant's license has expired,
			 the applicant must submit proof from ATF that the license is in the process of
			 being renewed. If an applicant has applied for, but not received, an ATF
			 explosives license or a Letter of Clearance, or if the license is being
			 renewed, OSFM may issue the applicant temporary authorization to act until ATF
			 issues the applicant an explosives license or Letter of Clearance, or renews
			 the license.
3) The applicant must
			 provide proof of successful completion of the DNR training program for
			 pyrotechnic displays, including a current DNR individual explosives license
			 number, or another program that OSFM determines to be substantially
			 equivalent.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.70 - Qualifications for Outdoor Professional License

Current through Register Vol. 48, No. 28, July 12, 2024
a) No license shall be granted to an
			 applicant who has not reached the age of 21 and met the requirements of the Act
			 and paid the required application fee.
b) The applicant must have a current license
			 or a Letter of Clearance from ATF. In the event the applicant's license has
			 expired, the applicant must submit proof from ATF that the license is in the
			 process of being renewed. If an applicant has applied for, but not received, an
			 ATF explosives license or a Letter of Clearance, or if the license is being
			 renewed, OSFM may issue the applicant temporary authorization to act until ATF
			 issues the applicant an explosives license or Letter of Clearance, or renews
			 the license.
c) The applicant must
			 provide proof of successful completion of the DNR training program for
			 pyrotechnic displays, including a current DNR individual explosives license
			 number, or another program that OSFM determines to be substantially
			 equivalent.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.80 - Qualifications for Proximate Audience License

Current through Register Vol. 48, No. 28, July 12, 2024
a) No license shall be granted to an
			 applicant who has not reached the age of 21 and met the requirements of the Act
			 and paid the required application fee.
b) The applicant must have a current license
			 or a Letter of Clearance from ATF. In the event the applicant's license has
			 expired, the applicant must submit proof from ATF that the license is in the
			 process of being renewed. If an applicant has applied for, but not received, an
			 ATF explosives license or a Letter of Clearance, or if the license is being
			 renewed, OSFM may issue the applicant temporary authorization to act until ATF
			 issues the applicant an explosives license or Letter of Clearance, or renews
			 the license.
c) The applicant must
			 provide proof of successful completion of the DNR training program for
			 pyrotechnic displays, including a current DNR individual explosives license
			 number, or another program that OSFM determines to be substantially
			 equivalent.
d) An applicant for a
			 proximate audience license must achieve a passing score of 80% on a written
			 examination administered by OSFM in accordance with Section
			 230.120.
e) The applicant must submit evidence of
			 experience that includes active participation in the safe performance of at
			 least 10 proximate audience displays. The applicant must have performed the
			 duties of a lead operator in at least 2 of these displays (either pursuant to a
			 license from another state or under the supervision of a lead
			 operator).
f) Acceptable
			 documentation of experience includes:
1) A
			 copy of a display permit from an issuing authority that lists the applicant as
			 an operator or assistant, including a letter from the issuing authority
			 documenting that there were no injuries or property damage sustained from the
			 display; or
2) A copy of the
			 Illinois Display Report (see Section
			 230.200 ).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.90 - Qualifications for Flame Effect License

Current through Register Vol. 48, No. 28, July 12, 2024
a) No license shall be granted to an
			 applicant who has not reached the age of 21 and met the requirements of the Act
			 and paid the required application fee.
b) An applicant for a flame effect license
			 must achieve a passing score of 80% on a written examination administered by
			 OSFM in accordance with Section
			 230.120.
c) The applicant must submit evidence of
			 experience, which must include active participation as a lead operator or
			 assistant in the safe performance of at least 10 flame effect displays. The
			 applicant must have performed the duties of a lead operator in at least 2 of
			 these flame effect displays (either pursuant to a license from another state or
			 under the supervision of a lead operator).
d) Acceptable documentation of experience
			 includes:
1) A copy of a display permit from
			 an issuing authority that lists the applicant as an operator or assistant,
			 including a letter from the issuing authority documenting that there were no
			 injuries or property damage sustained from the flame effect display;
			 or
2) A copy of the Illinois
			 Display Report (see Section
			 230.200 ).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.105 - Applications Received Between June 16 through July 5

Current through Register Vol. 48, No. 28, July 12, 2024
With the exception of an application for a production company
				license or the issuance of a lead operator license to an individual that was
				approved for a production company lead operator's license, OSFM will not
				process any application for a new license or to renew a license during the
				period of June 16 through July 5.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.110 - Proximate Audience and Flame Effect Licensing Review Committee

Current through Register Vol. 48, No. 28, July 12, 2024
The State Fire Marshal shall appoint a review committee to
				review the experience and qualifications of an applicant for a proximate
				audience or flame effect license, and recommend the type of license to be
				issued.
a) The committee shall consist
			 of the following 3 members:
1) The State Fire
			 Marshal or his/her designee, as chair;
2) One representative from a fire department
			 that has experience in permitting proximate audience and flame effect displays
			 within its jurisdiction; and
3) One
			 representative from a company that has experience in setting up and firing
			 proximate audience and flame effect displays.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.120 - Written Examination for Proximate Audience License and/or Flame Effect License

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 applicant for a proximate audience or flame effect license must have completed
			 a written examination administered by OSFM and achieved a passing score of at
			 least 80%.
b) The written
			 examination is designed to demonstrate the applicant's knowledge of the Act,
			 this Part, and NFPA 1126 and/or NFPA 160 standards relating to safe practices
			 for the storage, use, handling, discharge and display of fireworks and flame
			 effects.
c) The examinations are
			 administered by OSFM at times scheduled during each calendar year. Contact OSFM
			 to obtain the examination schedule. There is a $25 fee for taking the
			 examination.
d) Persons failing to
			 achieve a passing score of at least 80% are eligible to retake the examination
			 after 30 days.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.130 - Use of Assistants

Current through Register Vol. 48, No. 28, July 12, 2024
No person may act as an assistant at any pyrotechnic display or
				flame effect display who has not reached the age of 18 and met the requirements
				of Section 35 of the Act. The pyrotechnic assistant must be registered with
				OSFM by the licensed distributor or the licensed production company on a form
				provided by OSFM prior to the time when the assistant begins work as an
				employee on the pyrotechnic display or pyrotechnic service. [225 ILCS
				227/35(e) ]
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 230 - PYROTECHNIC DISTRIBUTOR AND OPERATOR LICENSING RULES › Section 230.140 - License Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 license issued pursuant to this Part for distributors and their respective lead
			 pyrotechnic operators is valid for 3 years from the date of issuance.
b) An approval for a lead pyrotechnic
			 operator for a production company is valid for a period of 3 years from the
			 date of issuance.
c) A license
			 issued to a production company and its lead pyrotechnic operator is valid for
			 the term of the production company's insurance policy or for the time specified
			 by the production company, if shorter than the term of the insurance, and shall
			 in no event exceed one year from the date of issuance. The license must be
			 returned to OSFM upon expiration. If the license is not returned within 15 days
			 after expiration, the production company or lead pyrotechnic operator shall not
			 be issued a new license until the previous license is returned.
d) Outdoor professional, proximate audience
			 and flame effect licensees, and holders of production company lead operator
			 approvals may renew their license during the 60-day period preceding and 60-day
			 period following the expiration date by submitting a renewal application on
			 forms provided by OSFM, together with the required fee. Renewal applications
			 shall be submitted by the distributor by whom the licensee is
			 employed.
e) Any license that is
			 not renewed within 60 days following its expiration will be cancelled. Except
			 as set forth in subsection (i), any requests after that date to renew or
			 restore will be treated as a new application.
f) The extended renewal periods under
			 subsections (d) and (i) do not allow a licensee to engage in any conduct or
			 activities for which a license is required during the 60-day period after the
			 license's expiration date.
g) In
			 addition, a licensee seeking to renew his/her outdoor professional, proximate
			 audience or flame effect license or production company lead pyrotechnic
			 operator licensing approval must include with the renewal application evidence
			 that the licensee participated in at least:
1)
			 2 pyrotechnic displays as a lead operator for an outdoor professional display
			 license;
2) 6 proximate audience
			 displays for a proximate audience license; or
3) 6 flame effect displays for a flame effect
			 license.