Illinois Administrative Code

Section 210.100 Depositions and Interrogatories 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 …

Section 210.110 Pre-Hearing Conferences 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 …

Section 210.120 Order of Hearings 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) presenta…

Section 210.130 Stipulations 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) Al…

Section 210.140 Evidence 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…

Section 210.150 Default 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.

Section 210.160 Closing Arguments 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 sh…

Section 210.170 Findings of Fact and Conclusions of Law 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.

Section 210.180 Transcripts 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 stenogr…

Section 210.20 Appeals 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 ad…

Section 210.30 Definitions "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 Off…

Section 210.40 Service of Papers 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…

Section 210.50 Appearances 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…

Section 210.60 Conduct of Hearings 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 f…

Section 210.70 Authority of Hearing Officer 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 …

Section 210.80 Continuances 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 furth…

Section 210.90 Subpoenas 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 mo…

Section 230.10 Scope 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 …

Section 230.100 Application for License a) All applications for a pyrotechnic distributor license shall be signed and submitted on forms provided by OSFM and shall include the following information: 1) The name and address of the business. The address shall be an actual street ad…

Section 230.105 Applications Received Between June 16 through July 5 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…

Section 230.110 Proximate Audience and Flame Effect Licensing Review Committee 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 t…

Section 230.120 Written Examination for Proximate Audience License and/or Flame Effect License 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 writ…

Section 230.130 Use of Assistants 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 distr…

Section 230.140 License Renewal 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…

Section 230.150 Fees The following license fees will be invoiced to the applicant upon review and approval of the application, shall be paid to OSFM for administration of the Act and are non-refundable: Production Company License $200 Production Company Lead Pyrotechnic Operator …

Section 230.160 Possession of License The lead operator must be in possession of, and be able to produce, his/her license upon request at all times during delivery, setup, and performance of the display or pyrotechnic service. (Source: Amended at 34 Ill. Reg. 16524, effective Oct…

Section 230.170 Notification to Office a) Written communication with OSFM, as identified in this Part, shall be mailed to: Office of the State Fire Marshal Pyrotechnic Licensing 1035 Stevenson Drive Springfield, Illinois 62703-4259 b) The licensee shall notify OSFM in writing wit…

Section 230.180 Replacement and Duplicate License a) At any time a license has been lost, stolen or destroyed, the licensee shall notify OSFM as required in Section 230.170. Upon receipt of the written notification and the replacement license fee, OSFM will issue a replacement li…

Section 230.190 Report of Theft or Loss of Fireworks a) A licensee shall report the theft or loss of fireworks to local law enforcement, DNR, and ATF and to OSFM, by telephone, immediately after discovery. OSFM may be reached at 217-785-0969 during normal working hours and at the…

Section 230.20 Definitions For purposes of this Part, the term: "1.3G fireworks" means 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. [2…

Section 230.200 Reporting of Professional, Proximate Audience and Flame Effect Displays a) Each licensee shall file an Illinois Display Report with OSFM within 30 days following any pyrotechnic display in which he/she acted as the lead operator. The report shall be filed on forms…

Section 230.210 Report of Injury or Property Damage a) The licensee shall notify OSFM immediately after the following incident: 1) A fire; 2) An injury to any person resulting from the display; or 3) Damage to property in excess of $500, in the aggregate, resulting from the displ…

Section 230.220 Inspections a) A licensee shall make all records required pursuant to Sections 230.190, 230.200 and 230.210 available to authorized representatives of OSFM or the local governmental agency having jurisdiction. b) A licensee shall permit the display site and licens…

Section 230.230 Immediate Suspension a) OSFM shall issue an order immediately suspending the license whenever OSFM finds, based upon reasonable belief from on-site observation, record inspection by OSFM personnel, information received from law enforcement personnel or information…

Section 230.240 Administrative Actions Failure to comply with the Act and this Part may subject a licensee to administrative action, including, but not limited to, revocation, suspension, probation, or refusal to issue or renew a license.

Section 230.25 Incorporated and Referenced Materials 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…

Section 230.250 Appeal of an Administrative Action a) Any person aggrieved by a decision, order or ruling of OSFM may, as a matter of right, appeal that action. b) All appeal requests shall: 1) Be in writing; 2) Contain an address and telephone number where the appellant may be n…

Section 230.260 Modifications to NFPA 1126 NFPA 1126, Use of Pyrotechnics Before a Proximate Audience, is modified to include the following additional requirements: a) Definitions for use in this Section: "Loading" refers to preparing or mixing for use pyrotechnic material. "Mixi…

Section 230.270 Modifications to NFPA 160 NFPA 160, Flame Effects Before an Audience, is modified to include the following additional requirements: a) Definitions for use in this Section: "Armed" means confirmation of ignition source. "Arming" means the key is in the on position,…

Section 230.280 Criminal History Investigation a) The applicant shall submit with his or her application a fingerprint card, using one of the methods identified in subsection (b) or (c) to enable ISP to conduct a criminal history check on the applicant. [225 ILCS 227/40] b) An ap…

Section 230.290 Music Entertainment Pyrotechnics Task Force The Music Entertainment Task Force is established to study pyrotechnic displays and pyrotechnic services in the indoor and outdoor music industry in the State. a) The Task Force shall consist of five members. 1) The Spea…

Section 230.30 General Requirements for Pyrotechnic Displays 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 pyrote…

Section 230.40 Compliance Standards 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.…

Section 230.50 Qualifications for Distributor License 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 …

Section 230.55 Qualifications for Production Company License 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 re…

Section 230.60 Qualifications for Limited Distributor License 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 …

Section 230.65 Qualifications for Production Company Lead Operator Licensing Approval 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 …