Pyrotechnic Display Application (Fireworks)

7.07 FIREWORKS

A. DEFINITIONS: In addition to those definitions elsewhere in this code, terms used in this

Section 7.07 are defined as follows:

Act: The Pyrotechnic Distributor and Operator Licensing Act, 225 ILCS 227/1 et seq.

BATFE: The federal Bureau of Alcohol, Tobacco and Firearms Enforcement.

Consumer fireworks display (or consumer display): The detonation, ignition or deflagration or consumer fireworks to produce a visual or audible effect.

Consumer fireworks: 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 C.F.R. Parts 1500 and 1507 and classified as fireworks UN0336 or UN0337 by the U.S. Department of Transportation under 49 C.F.R. 172.101. Consumer fireworks do not include snake or glow work pellets; smoke devices; trick noisemakers known as “party poppers,” “booby traps,” “snappers,” “ trick matches” and “cigarette loads;” auto burglar alarms; sparklers; toy pistols, toy canes, toy guns or other devices in which paper or plastic camps containing twenty-five hundredths 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 twenty hundredths grains of explosive mixture; the same and use of which shall be permitted at all times.

Lead pyrotechnic operator: The individual with overall responsibility for the safety, setup, discharge and supervision of a pyrotechnic display.

Pyrotechnic display: the detonation, ignition or deflagration of display fireworks or flame effects to produce the visual or audible effect of an exhibitional nature before the public, invitees or licensees, regardless of whether admission is charged.

B. PYROTECHNIC DISPLAYS: No pyrotechnic display shall be conducted in the Village without a pyrotechnic display permit issued by the Board of Trustees. Such permit shall not be issued to any person who is not licensed under the Act as a lead pyrotechnic operator supervising the display. Such pyrotechnic display shall be conducted in accordance with the Act and its administrative rules (41 Ill. Admin Code 235).

All pyrotechnic displays permitted in the Village shall be performed in compliance with the rules and regulations adopted by the Office of the State Fire Marshall and in accordance with the Act and the Fireworks Use Act (425 ILCS 35/1 et seq.).

C. APPLICATION: At least 15 business days prior to the pyrotechnic display being conducted, the lead pyrotechnic operator shall apply for a permit from the Village, which shall be in writing and signed by the applicant. The application and the following documents shall be submitted to the Village for approval by the Board of Trustees:

1. A current BATFE license for distribution of display fireworks;

2. Proof of $1,000,000 in product liability insurance;

3. Proof of $1,000,000 in general liability insurance;

4. Proof of Illinois Worker’s Compensation Insurance;

5. Proof of a current United States Department of Transportation (USDOT) Identification Number;

6. Proof of a current USDOT Hazardous Materials Registration Number;

7. Application fee of $250; and

8. Proof of approval of such proposed display by the chief of the fire protection district that has jurisdiction where the display will be conducted.

The Board of Trustees may waive the permit fee for not-for-profit entities.

D. PROHIBITION: No person shall sell, offer for sale, possess, use or explode any illegal fireworks as defined in the State Fire Marshal Code. In addition, consumer displays are prohibited.

E. PENALTY:

1. Any person, firm of corporation violating any provision of this Section 7.08 shall be subject to a fine of not less than $1,500 and Village’s cost of prosecution, including reasonable attorney fees. Restitution by the violator shall also be made to any property damaged or destroyed or person injured.

2. In addition to any other applicable penalty, any person, firm, co-partnership or corporation who violates any pyrotechnic display permit shall not be entitled to apply for a pyrotechnic display permit during the remainder of the year in which the violation occurred and during the ensuing calendar year.

F. NOISE: Notwithstanding the issuance of a permit for a pyrotechnic display, the lead pyrotechnic operator must comply with all noise restrictions of the Village.