(A) Definitions. As used in this section, the following words shall have the meanings hereinafter set forth:
(1) "1.3G FIREWORKS." Those fireworks used for professional outdoor displays and classified as fireworks UN0333, UN0334, or ljN0335 by the United States Department of Transportation under 49 C.F.R 172.101.
(2) "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 United States Department of Transportation under 49 C.F.R. 172.101. "CONSUMER FIREWORKS" shall not include snake or glow 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.
(3) "CONSUMER FIREWORKS DISPLAY" or "CONSUMER DISPLAY." The detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect.
(4) "CONSUMER OPERATOR." An adult individual who is responsible for the safety, setup, and discharge of the consumer fireworks display and who has completed the training required in ILCS Ch. 425, Act 35, § 2.2.
(5) "DISPLAY FIREWORKS." 1.3G or special effects fireworks or as further defined in the Pyrotechnic Operator Licensing Act. (ILCS Ch. 225, Act 227, §§ 1 et seq.)
(6) "LEAD PYROTECHNIC OPERATOR." An individual who is responsible for the safety, setup, and discharge of the pyrotechnic display and who is licensed pursuant to the Pyrotechnic Operator Licensing Act. (ILCS Ch. 225, Act 227, §§ 1 et seq.)
(7) "PERSON." An individual, firm, corporation, association, partnership, company, consortium, joint venture, or commercial entity.
(8) "PYROTECHNIC DISPLAY." The detonation, ignition, or deflagration of display fireworks or flame effects to produce visual or audible effects of an exhibition nature before the public, invitees, or licensees, regardless of whether admission is charged, and as may be further defined in the Pyrotechnic Operator Licensing Act. (ILCS Ch. 225, Act 227, §§ 1 et seq.)
(9) "SKY LANTERN." Any unmanned flying lantern or balloon, sometimes also referred to as a sky candle, fire balloon or airborne lantern, typically made of paper over a wooden frame deriving its lift from air heated by a candle, open flame, burning fuel cell or other source of heat mounted within or connected to the frame of such device, intended to fly when released into the atmosphere. Sky lanterns shall be expressly excluded from the definitions of consumer fireworks, 1.3G fireworks and display fireworks as set forth in this chapter.
(B) Unlawful displays of fireworks prohibited; sky lanterns prohibited. It shall be unlawful for any person to possess, display or allow to be displayed, consumer fireworks and/or display fireworks or any other fireworks defined in this section within the corporate limits of the village without a valid permit issued pursuant to the provisions of this section. It shall be unlawful for any person to possess, display, use, sell, light, release, fly or ignite any sky lantern within the corporate limits of the Village of Romeoville, or to allow another person to do so, nor shall any person be entitled to receive any permit otherwise contemplated under or required by this chapter for the proposed use or display of any consumer fireworks, 1.3G fireworks and display fireworks where such proposed use or display includes or incorporates any use, display, release, lighting, ignition or flying of any sky lanterns.
(C) Pyrotechnic firework displays. The use or display of display fireworks or the conduct of any pyrotechnic display by any person within the village shall only be permitted upon the submission to the village by such person of an application demonstrating compliance with the following requirements:
(1) All persons shall file an application for a pyrotechnic display permit at least 30 days in advance of the date of the pyrotechnic display.
(2) The application for a pyrotechnic display permit shall contain identifying information for the person sponsoring the display, the exact location of the display, the exact date and time of the display, and identifying information for the individual who is the licensed lead pyrotechnic operator supervising the display.
(3) The application shall be accompanied by a certificate of insurance from an insurance company licensed to do business in the state evidencing a minimum of $1,000,000 in liability coverage for personal injury/death and property damage, in form and substance satisfactory to the village and which cannot be canceled without 30 days prior written notice to the village. The village, property owner(s), sponsor(s), and exhibitor(s) shall also, by written endorsement, be named as an additional insured under such coverage. Along with that a hold harmless agreement shall be drafted and agreed upon by all parties prior to the issuing of the permit.
(4) The application shall also be accompanied by a current and valid copy of the lead pyrotechnic operator's state license.
(5) The application shall also contain the Site Inspection Information reviewed and approved by the Fire Chief providing fire protection coverage to the area of the display, or his or her designee, in accordance with state law.
(6) After the permit has been granted, the possession, use and display of display fireworks shall be lawful for the date, purpose and/or event identified in the application and permit only. No permit granted hereunder shall be transferable.
(7) No permit shall be required for supervised displays of state or county fair associations.
(8) The display application and permit shall be required from time to time by the village, and the fee for the review of such application shall be $425 as noted in Chapter 43, § 43.02A(B)(3) of the Village Code of Ordinances.
(9) No permit shall be issued for any proposed display that includes the use, release, ignition, display, lighting or flight of sky lanterns.
(10) All displays shall be electronically fired. No hand lightning of any kind will be allowed.
(11) Wind speed requirements shall be based off of the National Weather Service located in Romeoville, IL.
(a) 0-14 mph. These conditions are the most desirable when complying with safety distances along with general information found in the most current edition of NFPA 1123, Code for Fireworks Displays.
(b) 15-21 mph. Land displays with limited fallout areas shall require added separation distances up to but not limited to 100 feet per inch of shell diameter. A pre-display test shot shall be required to determine if further adjustments will need to be made.
(c) 21 mph or greater. The display shall be postponed or rescheduled until conditions fall below the threshold.
(D) If at any time the Fire Chief or his or her designee feel that the firing of the display may endanger lives or property for any reason, including weather related and ground conditions, the permit shall immediately be revoked and the display be postponed, delayed, canceled or rescheduled.
(E) Use of private or consumer fireworks or displays within any residential area, or within 800 feet of a residential property or home, a public or private park, public or private roadway, public or private utility is strictly prohibited.
(F) Consumer firework displays. The use or display of consumer fireworks in any manner by any person within the village shall not be permitted.
(G) Adoption of certain codes and standards by reference. The rules and regulations, as may from time to time be amended, for the administration of the Fireworks Pyrotechnic Use Act (ILCS Ch. 425, Act 35, §§ 0.01 et seq.), promulgated or adopted by the State Fire Marshal, including, but not limited to, National Fire Protection Association (NFPA) 1123 guidelines for outdoor displays, NFPA 1126 guidelines for proximate audience displays, audience proximity distances for consumer display fireworks, and the list of approved consumer fireworks are adopted herein by reference, and shall be used to supplement the express requirements of this section, and shall have the same force and effect as any such express provision of this section.
(H) The most current editions of NFPA 1123 Guidelines for outdoor displays, NFPA 1126 guidelines for proximate audience displays, 1124 Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, and NFPA 160 Standard for the Use of Flame Effects Before an Audience shall be enforced.
(Ord. 07-0515, passed 3-7-07; Am. Ord. 11-0923, passed 9-21-11; Am. Ord. 11-0935, passed 11-2-11; Am. Ord. 12-1016, passed 11-7-12; Am. Ord. 17-1347, passed 3-1-17; Am. Ord. 22-1811, passed 12-7- 22)