Ill. Admin. Code tit. 41 § 235.40

Current through Register Vol. 48, No. 45, November 8, 2024

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]

Ill. Admin. Code tit. 41, § 235.40

Amended at 34 Ill. Reg. 16562, effective October 6, 2010