(225 ILCS 227/12)
Sec. 12.
Cover license.
(a) Prior to engaging in the setup, discharge, and supervision of a pyrotechnic display or pyrotechnic service in the State, all touring pyrotechnic companies shall associate themselves with a cover licensor in accordance with this Section. Such association shall be at the discretion of the cover licensor, and a touring pyrotechnic company shall not setup or discharge a pyrotechnic display or pyrotechnic service in the State without such association.
(b) Prior to associating itself with a cover licensor in accordance with this Section, the touring pyrotechnic company shall send the cover licensor the following pre-permitting information a minimum of 20 business days before the event:
(1) a pyrotechnic plan for the event that meets the
|
| specifications of the most current edition of NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience, Sections 6.2 and 6.3 or NFPA 160, Standard for the Use of Flame Effects Before an Audience, Section 5.3, or both; |
|
(2) a Certificate of Insurance showing proof of not |
| less than $1,000,000 in product liability insurance and $1,000,000 in general liability insurance that both covers the pyrotechnic display or pyrotechnic service provided and naming the cover licensor as an additional insured; the product and general liability insurance coverage shall be an occurrence-based policy, or its equivalent, and it shall cover all periods of time during which pyrotechnical 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; and |
|
(3) proof of Illinois workers' compensation insurance |
| held by the touring pyrotechnic company for all periods of time during which the touring pyrotechnic company employees are engaged in employment-related activities in the State. |
|
(c) After confirming the sufficiency of the touring pyrotechnic company's pre-permitting information and agreeing to associate itself with the touring pyrotechnic company, the cover licensor shall be obligated to contact the Office of the State Fire Marshal and any authority having jurisdiction over the venue or location of the State-based pyrotechnic display or pyrotechnic service with the following information a minimum of 15 days before the event:
(1) a pyrotechnic plan for the event that meets the |
| specifications of the most current edition of NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience, Sections 6.2 and 6.3 or NFPA 160, Standard for the Use of Flame Effects Before an Audience, Section 5.3, or both; |
|
(2) the cover licensor's own Certificate of Insurance |
| showing proof of the necessary insurance coverage as provided in Section 35 of this Act that covers the pyrotechnic service or pyrotechnic display provided and names the touring pyrotechnic company as an additional insured and proof of Illinois workers' compensation insurance; |
|
(3) the touring pyrotechnic company's Certificate of |
| Insurance showing proof of not less than $1,000,000 in product liability insurance and $1,000,000 in general liability insurance that covers the pyrotechnic service or pyrotechnic display, provided that each of which names the cover licensor as an additional insured; |
|
(4) the touring pyrotechnic company's proof of |
| Illinois workers' compensation insurance for all periods of time during which the touring pyrotechnic company employees are engaged in employment-related activities in the State; and |
|
(5) the touring pyrotechnic company's contact |
|
(d) Questions or concerns raised by either the Office of the State Fire Marshal or the authority having jurisdiction regarding the information submitted by the touring pyrotechnic company shall be directed to, and resolved by, the touring pyrotechnic company prior to the event.
(e) The cover licensor representative shall be present during, and shall personally supervise, all phases of the pyrotechnic display or pyrotechnic service subject to the cover license. The cover licensor representative shall personally supervise all touring lead pyrotechnic operators, touring technicians, assistants, and event employees.
(f) Representatives of the Office of the State Fire Marshal, the authority having jurisdiction, and the cover licensor representative each possess the authority to halt any pyrotechnic display or pyrotechnic service governed by the cover license should questions arise about failures to follow industry standards and safety guidelines, including the most current edition of NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience, and NFPA 160, Standard for the Use of Flame Effects Before an Audience. Pyrotechnic displays and pyrotechnic services halted due to safety concerns shall resume only with the express written approval of both the cover licensor representative and the authority having jurisdiction.
(Source: P.A. 97-164, eff. 1-1-12.) |
(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 and pyrotechnic services, 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 provided. |
|
(2) Proof of $1,000,000 in product liability |
|
(3) Proof of $1,000,000 in general liability |
| insurance that covers the pyrotechnic display 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 |
|
(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 displays or pyrotechnic services as part of any production without either (i) obtaining a production company license from the Office under which all pyrotechnic displays 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 displays 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 displays 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, |
|
(A) proof of such is provided by the lead |
| pyrotechnic operator employed by the production company or insured as an additional named insured on the production company's general liability insurance, as required under paragraph (1) of this subsection; or |
|
(B) the production company certifies under |
| penalty of perjury that it engages only in flame effects or never transports materials in quantities that require registration with USDOT, or both. |
|
(5) Proof of a current USDOT Hazardous Materials |
| Registration Number, unless: |
|
(A) proof of such is provided by the lead |
| pyrotechnic operator employed by the production company or insured as an additional named insured on the production company's general liability insurance, as required under paragraph (1) of this subsection; or |
|
(B) the production company certifies under |
| penalty of perjury that it engages only in flame effects or never transports materials in quantities that require registration with USDOT, or both. |
|
(6) Identification of the licensed lead pyrotechnic |
| operator employed by the production company or insured as an additional named insured on the production company's general liability insurance, as required under paragraph (1) of this subsection. |
|
The insurer shall not cancel the insured's coverage or remove any additional named insured or 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 |
|
(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 or is insured as an additional named insured on the production company's general liability insurance, as required under paragraph (1) of subsection (c-3) of this Section, he or she shall have a BATFE license for the pyrotechnic services or pyrotechnic display 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 employed by the production company or insured as an additional named insured on the production company's general liability insurance, as required under paragraph (1) of subsection (c-3) of this Section, shall provide such proof to the Office. |
|
(e) A person is qualified to assist a lead pyrotechnic 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 |
|
(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, or insured as an additional named insured on the pyrotechnic distributor's product liability and general liability insurance, as required under paragraphs (2) and (3) of subsection (c) of this Section, or insured as an additional named insured on the production company's general liability insurance, as required under paragraph (1) of subsection (c-3) of this Section. |
|
(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 on the pyrotechnic display or pyrotechnic service. |
|
(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.) |
(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
|
|
(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. |
|
(7) A statement that the Office may continue the |
|
(d) The Office or the hearing officer authorized by the Office shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee, if any. If the hearing is conducted by a hearing officer, at the conclusion of the hearing, the hearing officer shall make findings of fact, conclusions of law, and recommendations, separately stated, and submit them to the Office and to all parties to the proceeding. Submission to the licensee shall be considered as having been made if done in a similar fashion as service of the notice of formal charges. Within 20 days after the service, any party to the proceeding may present to the Office a motion, in writing, for a rehearing. The written motion shall specify the particular grounds for the rehearing.
(e) The Office, following the time allowed for filing a motion for rehearing, shall review the hearing officer's findings of fact, conclusions of law, recommendations, and any motions filed subsequent to the hearing. After review of the information the Office may hear oral arguments and thereafter issue an order. The report of findings of fact, conclusions of law, and recommendations of the hearing officer shall be the basis for the Office's order. If the Office finds that substantial justice was not done, it may issue an order in contravention of the hearing officer's findings.
(f) All proceedings under this Section are matters of public record and a record of the proceedings shall be preserved.
(Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.) |
(225 ILCS 227/80)
Sec. 80.
Sanctions.
(a) The Office shall impose any of the following sanctions, singularly or in combination, when it finds that a licensee or applicant is guilty of any offense described in this Act:
(1) revocation;
(2) suspension for any period of time;
(3) reprimand or censure;
(4) place on probationary status and require the
|
| submission of any of the following: |
|
(i) report regularly to the Office upon matters |
| that are the basis of the probation; |
|
(ii) continue or renew professional education |
| until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or |
|
(iii) such other reasonable requirements or |
| restrictions as are proper; |
|
(5) refuse to issue, renew, or restore; or
(6) revoke probation that has been granted and impose |
| any other discipline in this subsection (a) when the requirements of probation have not been fulfilled or have been violated. |
|
(b) The State Fire Marshal may summarily suspend a license under this Act, without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing provided under this Section if the State Fire Marshal finds that the continued operations of the individual would constitute an immediate danger to the public. In the event the State Fire Marshal suspends a license under this subsection, a hearing by the hearing officer designated by the State Fire Marshal shall begin within 20 days after the suspension begins, unless continued at the request of the licensee.
(c) Disposition may be made of any formal complaint by consent order between the State Fire Marshal and the licensee, but the Office must be apprised of the full consent order in a timely way.
(d) The Office shall reinstate any license to good standing under this Act, upon recommendation to the Office, after a hearing before the hearing officer authorized by the Office. The Office shall be satisfied that the applicant's renewed practice is not contrary to the public interest.
(e) The Office may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this Act without having a valid license, certificate, or registration. Any person in violation of a cease and desist order entered by the Office is subject to all of the remedies provided by law, and in addition, is subject to a civil penalty payable to the party injured by the violation.
(Source: P.A. 93-263, eff. 7-22-03.) |