[Ord. No. 2006-59]
This chapter shall constitute and
be know as the Bloomington Fireworks Code and may be cited as such.
This code shall govern the qualifications, location, sale and display
of pyrotechnics (fireworks) in the City of Bloomington.
[Ord. No. 2006-59]
In the event of any conflict: between
or among any codes adopted in this article: or between any Code adopted
in this article and any other provision of Bloomington City Code:
or between any Code adopted in this article and any provision of any
Code adopted by any other provision of Bloomington City Code; or between
any Code adopted in this article and any provision of State Law, the
provision setting the highest standard for health and safety shall
prevail.
Any person who distributes, offers for sale, sells, or exchanges
for consideration consumer fireworks in Illinois to another distributor
or directly to any retailer or person for resale.
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 United States
Department of Transportation under 49 C.F.R. 172.101. "Consumer Fireworks"
shall not include snake or blow worm pellets; smoke devices; trick
noisemakers known as "party poppers:, "booby traps," "snappers," "trick
matches," "cigarette loads," and "auto burglar alarms"; sparklers;
toy pistols, toy canes, toy guns or other devices in which paper or
plastic caps 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 sale and use of which
shall be permitted at all times.
The detonation, ignition, or deflagration of consumer fireworks
to produce a visual or audible effect.
1.3G or special effects fireworks or as further defined in
the Pyrotechnic Operator Licensing Act of the State of Illinois (225
ILCS 227/).
Those fireworks used for professional outdoor displays and
classified as fireworks UN0333, UN0334, or UN0335 by the United States
Transportation under 49 C.F.R. 172.101
The detonation, ignition, or deflagration of flammable gases,
liquids, or special materials to produce a thermal, physical, visual,
or audible effect before the public, invitees, or licensees, regardless
of whether admission is charged, in accordance with National Fire
Protection Association 160 guidelines, and as may be further defined
in the Pyrotechnic Operator Licensing Act.
An individual who is responsible for the safety, setup, and
discharge of the pyrotechnic display and who is licensed pursuant
to the Pyrotechnic Distributor and Operator Licensing Act of the State
of Illinois.
An individual, firm, corporation, association, partnership,
company, consortium, joint venture, or commercial entity.
The detonation, ignition, or deflagration of display fireworks
or flame effects to produce visual or audible effects of a exhibition
nature before the public, invitee, or licensees, regardless of whether
admission is charged, and as may be further defined in the Pyrotechnic
Distributor and Operator Licensing Act.
Any person, company, association, group of persons, or corporation
who distributes display fireworks for sale in the State of Illinois
or provides them as part of a pyrotechnic display service in the State
of Illinois or provides only pyrotechnic services.
Pyrotechnic devices used for special effects by professionals
in the performing arts in conjunction with theatrical, musical or
other productions that are similar to consumer fireworks in chemical
compositions and construction, but are not intended for consumer use
and are not labeled as such or "intended for indoor use." "Special
effects fireworks" are classified as fireworks UN0431 or UN0432 by
the United States Department of Transportation under 49 C.F.R. 172.101.
[Ord. No. 2017-96]
[Ord. No. 2006-59]
Except as hereinafter provided, it
shall be unlawful for any person, firm, copartnership, or corporation
to knowingly possess, offer for sale, expose for sale sell at retail,
or use or explode any display fireworks, flame effects, or consumer
fireworks in the City of Bloomington.
A.
No person may act as a pyrotechnic distributor
or lead pyrotechnic operator, or advertise or use any title implying
that the person is a pyrotechnic distributor or lead pyrotechnic operator,
or apply for a pyrotechnic display permit in the City of Bloomington
unless licensed by the (225 ILCA 227/) Pyrotechnic Distributor and
Operator Licensing Act.
B.
Application for a pyrotechnic display permit
shall be made in writing at least 15 business days in advance of the]
date of the pyrotechnic display, unless agreed to otherwise by the
Director of Economic & Community Development. After a permit has
been granted, possession, use and display fireworks for the display
shall be lawful for that purpose only. The lead pyrotechnic operator
shall keep a copy of the permit in his/her possession during the active
presentation of the display. No permit granted hereunder shall be
transferable.
[Amended 8-10-2020 by Ord. No. 2020-53]
C.
The applicant seeking the pyrotechnic display
permit must provide proof of liability insurance in a sum not less
than $1,000,000 prior to issuance of a permit.
D.
The applicants for a permit hereunder shall
jointly file with their application a cash, personal or commercial
bond in the amount of $5,000 conditioned upon compliance with the
provisions of all applicable state and local laws and all state and
Director of Economic & Community Development and other applicable
regulations by all persons involved in any aspect of the display preparation,
presentation and conclusionary activities except that no municipality
shall be required to file such bond.
[Amended 8-10-2020 by Ord. No. 2020-53]
E.
The applicant for a permit hereunder shall
also file with their application a site and/or floor plan of the area
where the fire works will be ignited. Such drawings will be drawn
to scale and may be developed on copies of real estate plat books
of the area in which the display will be held. Inspection and approval
of the site shall be conducted prior to issuance of a permit.
F.
The applicant shall provide a list of the
types and amounts of pyrotechnic materials to be used in the event/s.
G.
Fees for a pyrotechnic display shall be
$250 for the first event and $25 per subsequent event in the same
location, within a six-month time period.
H.
Upon the issuance of a permit hereunder,
one copy shall be kept on file by the issuing officer, one copy shall
be forwarded by the issuing officer to the State Fire Marshal's office,
one copy at the option of the issuing officer shall be mailed to the
fireworks supplier or shall be given to the applicants for delivery
to the fireworks supplier, and one copy shall be delivered to the
display supervisor.
[Ord. No. 2017-96]
[Ord. No. 2017-96]
A.
All permits shall be issued only after
the fireworks display site has been inspected by the issuing officer
or another authorized representative of Economic & Community Development
to determine that the proposed display reasonably appears that it
will not be hazardous to any property and will not endanger any person
or persons who may be in the area at the time of the presentation
of the display. Such inspection shall be made and action shall be
taken on each application within five regular working days after each
such application is filed.
[Amended 8-10-2020 by Ord. No. 2020-53]
B.
All indoor pyrotechnic displays shall be
conducted in buildings protected by automatic sprinkler systems and
meeting the requirements of the rules adopted by the State Fire Marshall
and the City of Bloomington.
C.
Pyrotechnic displays shall be conducted
in compliance with the following standards as modified by the State
of Illinois:
|
NFPA 160, Standard for the Use of
Flame Effects Before and Audience/2006;
|
|
NFPA 1123, Code for Fireworks Display/2006;
|
|
NFPA 1126, Standard for the Use of
Pyrotechnics Before a Proximate Audience.
|
[Ord. No. 2006-59]
The lead pyrotechnic operator will
be the active supervisor of the igniting and presentation of the display
materials. The supervisor must actively participate in, help control,
and be responsible for the control of the ignition of the fireworks
and of the area where the fireworks are ignited and explode or otherwise
function. The lead pyrotechnic operator of the display shall keep
a copy of the permit in his/her possession during the active presentation
of the display.
[Ord. No. 2006-59]
Only persons authorized by the supervisor
of the display, including those in actual charge of preparing and
igniting the fireworks, shall be allowed in the area in which the
fireworks are ignited during the period of the display. Spectators
shall be kept at a distance which is reasonably far away from the
location where the fireworks are ignited to provide reasonable safety
to the spectators.
[Ord. No. 2006-59]
The debris from discharged fireworks
that remains in the area after the display is concluded shall be properly
disposed of by the supervisor of the display and those working with
him before they leave the premises. Upon the conclusion of the display,
the supervisor and those working with him shall make a complete and
thorough search for any unfired fireworks and pieces of other fireworks,
fuses or any other items which have failed to fire or function or
which in any manner pose a danger for any person and shall dispose
of them promptly in safe manner. Such search shall be instituted at
the earliest possible time following the conclusion of the display
but in no event later than during the early morning hours of the day
following the presentation of the display.
[Ord. No. 2006-59]
It shall be illegal for any person
to fail to comply with any of the provisions of this Act and each
such person who is guilty of a violation hereof shall be fined not
less than $50 nor more than $500 for each such offense.
