Current through Register Vol. 48, No. 38, September 20, 2024
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 address and shall include the
city, state and zip code. A post office box number is not acceptable as an
address.
2) The names and personal
addresses of all officers of the business, including a copy of each officer's
driver's license or other government issued ID showing date of birth and
photograph. This information shall be required from only one officer of a
political subdivision of the State.
3) In accordance with Section
230.150, no license shall be
issued until the applicable fee has been paid. After reviewing the application,
OSFM will invoice the licensee for the fee.
4) A Certificate of Insurance showing proof
of not less than $1,000,000 in product liability insurance, $1,000,000 in
general liability insurance that covers the pyrotechnic display service or
pyrotechnic service provided and proof of Illinois Workers' Compensation
insurance. [225 ILCS
227/35(c)] The insurance coverage
shall provide for 30 days minimum coverage prior to written notice of
cancellation to OSFM. Insurance coverage shall be an occurrence based policy,
or its equivalent, 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. If a political
subdivision of the State is self-insured, the applicant shall submit an
affidavit acknowledging its self-insurance.
5) A copy of the current license issued by
ATF for the type of pyrotechnic service or pyrotechnic display service provided
or proof from ATF that a license is in the process of being renewed. In the
event the applicant distributes only flame effect pyrotechnic displays, the
applicant shall submit a sworn affidavit as set forth in Section
230.50(b).
In the event the applicant is a political subdivision of the State, the
applicant shall submit an affidavit acknowledging its status.
6) The Identification Number and Hazardous
Materials Registration Number issued by USDOT. In the event the applicant
distributes only flame effect pyrotechnic displays and the applicant never
transports materials in quantities that require registration with USDOT, the
applicant shall submit a sworn affidavit as set forth in Section
230.50(c).
7) Proof that the applicant met the
requirements of Section 230.50.
8)
If providing display services, the name of the officer who is licensed for
those types of services.
9) In
accordance with Section
230.280,
a fingerprint card in the form and manner required by ISP and the fee specified
by ISP for processing fingerprint cards through the ISP criminal history record
files (see 20 Ill. Adm. Code
1215.50) and through the
FBI criminal history record files.
b) The pyrotechnic distributor shall submit
to OSFM the applications of its employees applying for a lead pyrotechnic
operator license. All applications for the license shall be signed by the
applicant and submitted on forms provided by OSFM and must be accompanied by
the following additional information:
1) A
copy of the applicant's driver's license or other government issued
identification that includes the date of birth and photograph.
2) A photograph, approximately 11/4" x 11/2",
taken within the preceding 2 years. The photograph must show the applicant from
a front view with his or her full-face and head and shoulders visible. OSFM
will reject photographs showing the applicant wearing sunglasses, hats,
scarves, or any object that obscures the applicant's identity.
3) A copy of a current license or a 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. A
current license or Letter of Clearance from ATF is required for both the
outdoor display and proximate audience licenses. In the event the applicant has
only applied for an ATF explosives license or Letter of Clearance, the
applicant shall submit an affidavit, signed under penalty of perjury, with a
copy of the completed ATF application attached, acknowledging when he/she
submitted an application to ATF for processing.
4) In the event the applicant participates in
only flame effect pyrotechnic displays, the applicant shall submit an
affidavit, signed under penalty of perjury, acknowledging that he/she only
participates in the safety, setup, discharge, and supervision of flame effect
pyrotechnic displays. The affidavit shall acknowledge that, with regard to the
services provided, the applicant does not transport, receive, distribute,
possess, store, or acquire for use any material that requires an ATF
license.
5) In accordance with
Section 230.150, no license shall be issued until the applicable fee has been
paid. After reviewing the application, OSFM will invoice the licensee for the
fee.
6) Proof that the applicant
met the requirements of Section
230.70(c),
230.80(c)
or
230.90(b),
whichever is applicable to the respective license.
7) References from at least 3 individuals,
who are not affiliated with the pyrotechnic distributor who employs the
applicant, who can verify the experience reported or any training received by
the applicant. All references must include the name, address, phone number, and
agency or organization represented by the person submitting the reference.
These references can be from permitting officials, law enforcement officials
who had oversight at a display, fire department personnel who approved and
reviewed pyrotechnic displays performed by the applicant in the past, and other
individuals who can attest to the applicant's training, experience, and manner
in performing displays. In addition, these letters should identify the basis
for the opinion expressed in the letter, i.e., how does that person know the
applicant and what facts support the opinion expressed in the letter. A copy of
a fully signed Illinois Display Report may serve as a letter of
reference.
8) In accordance with
Section 230.280, a fingerprint card in the form and manner required by ISP and
the fee specified by ISP for processing fingerprint cards through the ISP
criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the
FBI criminal history record files.
c) All applications for a production company
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 address and
shall include the city, state and zip code. A post office box number is not
acceptable as an address.
2) The
names and personal addresses of all officers of the business, including a copy
of each officer's driver's license or other government issued ID showing date
of birth and photograph.
3) In
accordance with Section 230.150, no license shall be issued until the
applicable fee has been paid. After reviewing the application, OSFM shall
invoice the licensee for the fee.
4) A Certificate of Insurance and a copy of
the insurance policy showing proof of not less than $2,000,000 in commercial
general liability insurance that covers any damage or injury resulting from the
pyrotechnic display services or pyrotechnic services provided. [225 ILCS
227/35] The insurance coverage shall provide for a
minimum of 30 days coverage after written notice to OSFM of cancellation.
Insurance coverage shall be an occurrence based policy, or its equivalent, 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. The insurer shall not cancel the
insured's coverage or remove an additional insured from the policy coverage
without notifying OSFM in writing at least 15 days before cancellation. [225
ILCS 227/35 ]
5) Proof of Illinois
Workers' Compensation insurance. [225 ILCS
227/35 (c-3)]
6) The Identification Number and Hazardous
Materials Registration Number issued by USDOT. In the event the applicant
distributes only flame effect pyrotechnic displays and the applicant never
transports materials in quantities that require registration with USDOT, the
applicant shall submit a sworn affidavit as set forth in Section
230.50(c).
Alternatively, the production company's lead pyrotechnic operator may provide
such proof. [225 ILCS 227/35(c-3)]
7) Identify the OSFM approved lead
pyrotechnic operator being employed by the company. [225 ILCS
227/35(c-3)]
8) In accordance with
Section 230.280, a fingerprint card in the form and manner required by ISP and
the fee specified by ISP for processing fingerprint cards through the ISP
criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the
FBI criminal history record files.
d) All applications for approval of lead
operators that may be employed by a production company shall be signed by the
applicant and submitted on forms provided by OSFM and must be accompanied by
the following additional information:
1) A
copy of the applicant's driver's license or other government issued
identification that includes the date of birth and photograph.
2) A photograph, approximately 11/4" x 11/2",
taken within the preceding 2 years. The photograph must show the applicant from
a front view with his or her full face and head and shoulders visible. OSFM
will reject photographs showing the applicant wearing sunglasses, hats,
scarves, or any object that obscures the applicant's identity.
3) A copy of a current license or a Letter of
Clearance from ATF issued to the applicant 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. A current license or Letter of Clearance from ATF
is required for both outdoor and proximate audience licensing approvals. In the
event the applicant has only applied for an ATF explosives license or Letter of
Clearance, the applicant shall submit an affidavit, signed under penalty of
perjury, with a copy of the completed ATF application attached, acknowledging
when he/she submitted an application to ATF for processing.
4) In the event the applicant participates in
only flame effect displays, the applicant shall submit an affidavit, signed
under penalty of perjury, acknowledging that he/she only participates in the
safety, setup, discharge and supervision of flame effect pyrotechnic displays.
The affidavit shall acknowledge that, with regard to the services provided, the
applicant does not transport, receive, distribute, possess, store or acquire
for use any material that requires an ATF license.
5) List previous production company licenses
held by the operator.
6) List
pyrotechnic licenses issued to the operator by other states.
7) Proof that the applicant met the
requirements of Section
230.65(a),
(b) or (c), whichever is applicable to the
respective license.
8) References
from at least 3 individuals, who are not affiliated with the pyrotechnic
distributor who employs the applicant, who can verify the experience reported
or any training received by the applicant. All references must include the
name, address, phone number, and agency or organization represented by the
person submitting the reference. These references can be from permitting
officials, law enforcement officials who had oversight at a display, fire
department personnel who approved and reviewed pyrotechnic displays performed
by the applicant in the past, and other individuals who can attest to the
applicant's training, experience, and manner in performing displays. In
addition, these letters should identify the basis for the opinion expressed in
the letter, i.e., how does that person know the applicant and what facts
support the opinion expressed in the letter. A copy of a fully signed Illinois
Display Report may serve as a letter of reference.
9) In accordance with Section 230.280, a
fingerprint card in the form and manner required by ISP and the fee specified
by ISP for processing fingerprint cards through the ISP criminal history record
files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history
record files.
e) Upon
receipt and review of the application, OSFM shall issue the appropriate license
or shall approve issuance of a license when employed by a production company or
shall notify the applicant of the reason for the denial of the
license.
f) Depending on an
applicant's professional qualifications, as evidenced by information and
documents submitted with his/her application, and on the nature and extent of
an applicant's planned participation in permitted pyrotechnic displays, the
Office may, within its sole discretion, issue a temporary license to an
individual during the application process. The temporary license shall expire
upon receipt of the appropriate license or notification of denial of the
license.
g) Upon issuance of a
license to a production company, OSFM shall also issue a license to the lead
pyrotechnic operator that has been approved in accordance with Section
230.100(d)
and identified by the production company in its license application as required
in Section
230.100(c)(7).