Ill. Admin. Code tit. 41 § 230.100

Current through Register Vol. 48, No. 44, November 1, 2024

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 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)]

7) Identify the OSFM approved lead pyrotechnic operator being employed by the company. [225 ILCS 227/35(c-3)]

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).

Ill. Admin. Code tit. 41, § 230.100

Amended at 34 Ill. Reg. 16524, effective October 6, 2010