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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF STATE POLICE,
OFFICE OF STATE FIRE MARSHAL

 

DIVISION 12

PUBLIC DISPLAY OF FIREWORKS IN OREGON

Agricultural Use of Fireworks in Oregon

837-012-0305

Purpose and Scope

(1) These rules establish agricultural permit, permit application and other requirements for those persons permitted under ORS 480.122 and 480.124 to obtain agricultural permits to control birds and predatory animals that are injurious to crops.

(2) An agricultural permit allows the permit holder to engage only in those activities including the purchase, transportation, possession, storage and use of agricultural fireworks (1.4E) when those activities are otherwise in conformance with the requirements of ORS 480.122 and 480.124, these rules, and any other applicable state, federal, or local requirements.

(3) An individual member of the general public may not buy or use agricultural fireworks unless they have applied for and obtained an agricultural fireworks permit from the Office of State Fire Marshal pursuant to these rules. Violation of these rules may result in confiscation of the fireworks, and the assessment of penalties in accordance with ORS 480.990 and OAR 837-012-0560.

Stat. Auth.: ORS 480.122 & 480.124
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 42, f. 4-15-70, ef. 5-11-70; Renumbered from 837-031-0005; OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07

837-012-0310

Agricultural Permit Applications

(1) Any person engaged in, or intending to engage in, the use of agricultural fireworks must apply for and obtain an agricultural permit issued by the Office of State Fire Marshal.

(2) Upon receipt of a properly completed and approved application, the Office of State Fire Marshal will issue a nontransferable permit to the applicant or persons designated to discharge the fireworks. The State Fire Marshal may deny any application for a permit to discharge agricultural fireworks upon determining the proposed purchase or use is not in accordance with these rules or applicable statutes. A separate agricultural permit must be applied for and obtained for each person who desires to use agricultural fireworks.

(3) The permit application for an agricultural fireworks permit must be made on a form provided by the Office of State Fire Marshal.

(4) All information provided by the applicant on the permit application must be true and correct to the agricultural permit applicant's knowledge.

(5) As part of the permit application process, the applicant must obtain the signature of either the state game management or federal game management authority on the permit application.

(6) The applicant must obtain the signature of the game management authority prior to submitting the permit application to the Office of State Fire Marshal.

(7) Permit applications that do not contain the signature required in OAR 837-012-0360(5) will not be approved, and will be returned to the applicant.

(8) The Office of State Fire Marshal will either grant or deny permit applications within 10 days following receipt of a properly completed and submitted permit application.

Stat. Auth.: ORS 480.122 & 480.124
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 42, f. 4-15-70, ef. 5-11-70; Renumbered from 837-031-0010; OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07

837-012-0315

Definitions

(1) “Agent” means an individual designated by the permit holder to pick up the agricultural fireworks authorized by the agricultural permit from an Oregon licensed wholesaler when the permit holder is unable to pick up the agricultural fireworks. The agent must have the agricultural permit (or a copy) issued by the State Fire Marshal in their possession at the time the agricultural fireworks are picked up from the wholesaler.

(2) “Agricultural Fireworks” means:

(a) Fireworks with a cardboard/pasteboard-type tube up to 4” in length and ? inch in diameter or a shotgun shell type container,

(b) Fireworks containing only pyrotechnic compositions, e g., black powder, flash powder, or smokeless powder, with an audible report containing up to 40 grains, or 2.592 grams, of explosive composition,

(c) Fireworks tested, classified and approved by the United States Department of Transportation,

(d) Fireworks designed and intended solely for use in:

(i) Controlling predatory animals allowed by ORS 480.124 or,

(ii) Controlling birds or animals which are or may injure forest or agricultural products or crops, allowed by ORS 480.122,

(e) Fireworks referred to as explosive pest control devices,

(f) Fireworks not including retail fireworks, public display fireworks, or exempt fireworks.

(3) “Agricultural Permit” means the official written document issued by the Office of State Fire Marshal pursuant to ORS 480.122 and 480.124 and OAR 837-012-0305 through 837-012-0370 granting permission to a person to purchase and use agricultural fireworks.

(4) “Agricultural Crop” means a plant or animal or plant or animal product that can be grown or harvested extensively for profit or subsistence.

(5) “Agricultural Product” means a product that is naturally grown and brings a profit.

(6) “Fire Protection District” means any district created under the laws of Oregon or the United States, including rural Fire Protection Districts and any federal, state or private forest patrol areas. Reference ORS 480.110(2).

(7) “Fireworks” has the meaning provided in ORS 480.110(1) and 837-012-0315(2).

(8) “Individual” means a real, actual person.

(9) “Individual Member of the General Public” means any person who has not been issued a wholesale permit, a general, limited or special effects public display permit, a retail permit or an agricultural permit by the Office of State Fire Marshal.

(10) “Local Fire Authority” means the local fire authority having jurisdiction over the agricultural fireworks use and storage sites.

(11) “May” means a regulation of conduct and implies probability or permission.

(12) “May not” means a prohibition of conduct.

(13) “Must” means a mandatory requirement.

(14) “Permit Application” means the form and accompanying documentation required to be completed and submitted to the Office of State Fire Marshal for approval prior to the issuance of an agricultural permit.

(15) “Permit Holder” means the person referred to in ORS 480.122 who:

(a) Desires to purchase, maintain, use, and explode agricultural fireworks for the purpose of scaring away or repelling birds or animals which are or may be injurious or destructive to forest or agricultural products or crops,

(b) Has applied to the State Fire Marshal for an agricultural permit;

(c) The State Fire Marshal has issued an agricultural permit referred to in ORS 480.122;

(d) Is responsible for any activities conducted under the agricultural permit.

(16) “Person” means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts and other public corporations.

(17) “Sell” means to transfer possession of property from one person to another person for consideration.

(18) “Wholesaler” means any person who sells or provides by any other means, or intends to sell or provide by any other means fireworks, retail fireworks, public display fireworks, or agricultural fireworks.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 480.122 & 480.124
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 42, f. 4-15-70, ef. 5-11-70; Renumbered from 837-031-0015; OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07; OSFM 8-2010(Temp), f. 12-20-10, cert. ef. 1-1-11 thru 6-29-11; OSFM 3-2011, f. 4-22-11, cert. ef. 6-29-11

837-012-0320

Storage of Agriculture Fireworks

Agricultural fireworks must be stored in accordance with the requirements of these rules, the Oregon Fire Code and the Oregon Structural Specialty Code.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 480.122 & 480.124
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 42, f. 4-15-70, ef. 5-11-70; Renumbered from 837-031-0020; OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07

837-012-0325

Permits-Denial, Suspension, Revocation

(1) The State Fire Marshal may deny, suspend or revoke an agricultural permit for violation of ORS 480.110 through 480.165 and OAR chapter 837, division 12. Any such revocation, suspension or denial will be in conformance with ORS 183.310 to 183.550.

(2) The period of denial, suspension or revocation may not exceed three years.

(3) The following criteria are used by the Office of State Fire Marshal to determine the appropriate sanction:

(a) The severity of the violation or violations and the impact on public safety, particularly if the circumstances of a violation presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations; alleged to have been committed in the current transaction or occurrence;

(c) Whether the violation or violations were willful or intentional;

(d) The prior history of sanctions imposed by the Office of State Fire Marshal against the agricultural permit holder or applicant; and

(e) Other circumstances determined by the Office of State Fire Marshal to be applicable to the particular violation or violations.

(4) Suspension or revocation of an agricultural permit may include suspension or revocation of the current permit and the right to apply for a subsequent permit.

Stat. Auth.: ORS 480.122 & 480.124
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 42, f. 4-15-70, ef. 5-11-70; Renumbered from 837-031-0025; OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07

837-012-0330

General

(1) Agricultural permits are issued solely for the purpose of purchasing, possessing, and using agricultural fireworks allowed by ORS 480.122 and 480.124.

(2) Agricultural permit holders must notify the Office of State Fire Marshal, in writing, within 24 hours of the date of change, of:

(a) The agricultural permit holder’s mailing address, telephone number,

(b) The storage address of the agricultural fireworks.

(3) Change of the storage location of the agricultural fireworks is subject to prior written approval by the local fire authority and the Office of State Fire Marshal.

(4) Agricultural permit holders must comply with all applicable federal, state and local laws, rules and regulations including, without limitation:

(a) ORS 480.110 through 480.165;

(b) OAR chapter 837, division 12;

(c) Oregon Fire Code, 2010 Edition; and

(d) Oregon Structural Specialty Code, 2010 Edition.

(5) Agricultural permit holders must purchase agricultural fireworks only from wholesalers having the necessary and current permits required by ORS 480.110 to 480.160 and OAR 837-012-0500 through 837-012-0570.

(6) Agricultural permit holders may request a duplicate copy of their agricultural permit by certifying to the Office of State Fire Marshal, in writing, their agricultural permit has been lost, stolen, or destroyed. Written requests must be signed and dated by the agricultural permit holder.

(7) The issuance of an agricultural permit does not in any way constitute approval by the Office of State Fire Marshal of any agricultural fireworks purchased, sold, or provided pursuant to the agricultural permit.

(8) An agricultural permit allows the permit holder to engage in the purchase, transportation, possession, storage and use of agricultural fireworks when those activities are otherwise in conformance with the applicable requirements of ORS 480.110 through 480.165, OAR chapter 837, division 12 and any other federal, state or local laws, rules or regulations pertaining to fireworks.

(9) An agricultural permit holder may not sell or provide agricultural fireworks to any other person.

(10) Any agricultural permit holder, other than an individual, is required by the State Fire Marshal to list the name, age, address, and phone number of one individual in a management position within their company or organization, on the permit application.

(11) Individuals firing agricultural fireworks shall be a minimum of 18 years of age.

(12) Only the agricultural permit holder, and any employees of the agricultural permit holder, may engage in activities authorized by the agricultural permit.

(13) Agricultural permits, and the rights conveyed by the agricultural permit, are not transferable.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 480.122 & 480.124
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 42, f. 4-15-70, ef. 5-11-70; Renumbered from 837-031-0030; OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07; OSFM 8-2010(Temp), f. 12-20-10, cert. ef. 1-1-11 thru 6-29-11; OSFM 3-2011, f. 4-22-11, cert. ef. 6-29-11

837-012-0340

Permit Fees

There are no fees for this application.

Stat. Auth.: ORS 480.122
Stats. Implemented: ORS 480.122 & 480.124
Hist.:OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07

837-012-0350

Issuance of Agricultural Permits

(1) Each agricultural permit contains a unique number assigned by the Office of State Fire Marshal.

(2) Only one agricultural permit is required for each agricultural location. A permit application may contain multiple use locations provided each location is owned, leased, or used by the permit holder.

(3) The agricultural permit is valid only for the location of use listed on the agricultural permit.

(4) The agricultural permit will be mailed to the permit holder at the mailing addressed listed on the permit application.

(5) An initial agricultural permit issued by the Office of State Fire Marshal is valid from the date of issue up to three years as determined by the OSFM.

(6) Upon renewal, agricultural permits are valid for a period not to exceed three years.

Stat. Auth.: ORS 480.122
Stats. Implemented: ORS 480.122 & 480.124
Hist.: OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07

837-012-0360

Purchase of Agricultural Fireworks

(1) Permit holders must be 18 years of age or older.

(2) Agricultural permit holders may purchase or otherwise obtain agricultural fireworks only from wholesalers who possess a valid and current wholesale permit issued by the Office of State Fire Marshal. Exception: In the case of state game management or federal game management authorities who provide agency approved game management assistance to permit holders; once a permit has been issued -- state game management or federal game management authorities may supply agricultural fireworks to the permit holder under the following criteria:

(a) Agricultural permit holders may only obtain agricultural fireworks listed on their agricultural fireworks permit.

(b) The state game management or federal game management authority who supplies agricultural fireworks must maintain a record of all agricultural fireworks supplied and make such records available to the Office of State Fire Marshal upon request.

(c) Any decision by a state game management or federal game management authority to supply agricultural fireworks must be in conformance with their specific agency policies and procedures for the distribution of agricultural fireworks.

(3) Once an agricultural fireworks permit has been issued and the wholesaler selected; if an agricultural permit holder desires to obtain agricultural fireworks from another wholesaler, the agricultural permit holder must notify the Office of State Fire Marshal at least 24 hours prior to purchasing the agricultural fireworks from another licensed agricultural fireworks wholesaler.

Stat. Auth.: ORS 480.122
Stats. Implemented: ORS 480.122 & 480.124
Hist.: OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07

837-012-0370

Prohibited Acts and Limitations

(1) An agricultural permit does not allow the permit holder to purchase, possess, or sell any other types of fireworks.

(2) Agricultural fireworks may not be utilized for any purpose other than the use as stated on the permit application.

(3) Agricultural fireworks utilized for any other use than the permitted use may result in the immediate suspension of the agricultural permit and confiscation of the unused agricultural fireworks.

(4) A permit holder may not sell or provide by any other means agricultural fireworks or any other fireworks to any other person including other permit holders.

(5) The agricultural permit does not authorize the manufacture, sale, use, discharge or possession of agricultural fireworks in any city or county where agricultural fireworks are prohibited by law or ordinance.

(6) No permit holder may maintain or allow the existence of a fire hazard at any location under their control where agricultural fireworks are stored, transported, or used.

(7) Permit holders may not provide agricultural fireworks to anyone other than an authorized employee or owner of the permit holder's business for the purpose specified on the permit applications.

Stat. Auth.: ORS 480.122
Stats. Implemented: ORS 480.122 & 480.124
Hist.: OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07

Wholesale Sales and Storage of Fireworks in Oregon

837-012-0500

Purpose and Scope

These rules establish permit and other requirements for Persons who Sell or provide by any other means, or intend to Sell or provide by any other means, at wholesale, Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks in or into Oregon, or from Oregon for delivery into another state.

Stat. Auth.: ORS 476, 478 , 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02

837-012-0505

Effective Dates

OAR 837-12-500 through 837-012-0570 are effective upon date of filing.

Stat. Auth.: ORS 476, 478 , 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02

837-012-0510

Definitions

For purposes of ORS 480.110 through 480.165 and OAR 837-012-0500 through 837-012-0570, the following definitions apply:

(1) “Agricultural Fireworks” means Fireworks used for the purpose of scaring away or repelling birds or animals pursuant to ORS 480.122 or controlling predatory animals pursuant to ORS 480.124.

(2) “BATFE” means the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(3) "Carton, Container, or Case" means any box, parcel, bundle, or other package used to hold or contain Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks for purposes of transportation and storage. The term does not include:

(a) The wrapping and packaging used to hold or contain a single or small number of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks; or

(b) A vehicle or other mobile container used to transport Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks.

(4) “Domicile” means a Person’s legal home; the particular place that a Person intends to make the Person’s fixed and permanent home and abode.

(5) "Exempt Fireworks" means Novelties and Trick Noisemakers.

(6) "Fireworks" has the meaning provided in ORS 480.110(1). The term includes Retail Fireworks, Public Display Fireworks and Agricultural Fireworks. The term does not include Exempt Fireworks.

(7) "Individual" means a single human being.

(8) "Individual Member of the General Public" means:

(a) For Persons in Oregon, any Person who has not been issued a Wholesale Permit, a general, limited or special effects public display permit, a retail permit, or an agricultural permit by the Office of State Fire Marshal.

(b) For Persons outside of Oregon, any Person who has not been issued a license or permit when such a license or permit is required, authorizing the Person to Sell, purchase, obtain, transport, possess, use or discharge Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks.

(9) “In-state Wholesaler” means a Wholesaler who owns, possesses, or occupies a Wholesale Site located in Oregon.

(10) “Local Fire Authority” means the local fire official having jurisdiction over the Wholesale Site and Wholesale Operations.

(11) “Manager” means the Individual identified on the Permit Application who is responsible for, and directs the operations at, the Wholesale Site.

(12) “NFPA” means the National Fire Protection Association.

(13) "Novelties and Trick Noisemakers" means those items described in ORS 480.110(1)(a) and (b) and NFPA 1124, Section 1.4, 2003 Edition. It also means Exempt Fireworks.

(14) “Out-of-State Wholesaler” means a Wholesaler who owns, occupies, or possesses a Wholesale Site located outside of Oregon.

(15) "Permit Application" means the application forms and accompanying documentation required to be completed and submitted to the Office of State Fire Marshal for approval prior to the issuance of a Wholesale Permit.

(16) “Public Display Fireworks” means Fireworks that are authorized under a general, limited, or special effects public display permit issued pursuant to ORS 480.130, 480.140 and 480.150.

(17) "Residence" means the particular dwelling place where a Person lives and has a present intent to remain for a period of time.

(18) "Resident" means any Person who occupies a dwelling in a state and has a present intent to remain in the state for a period of time.

(19) "Retail Fireworks" means items described in ORS 480.127(4), specifically Combination Items, Cone Fountains, Cylindrical Fountains, Flitter Sparklers, Ground Spinners, Illuminating Torches, and Wheels. The term includes a firework designed with the means to roll or move while remaining on the ground, that travels 12’ or less horizontally on smooth surfaces.

(20) "Retailer" means any Person who, Sells, transfers, or provides by any other means, or intends to Sell, transfer or provide by any other means, Retail Fireworks to Individual Members of the General Public.

(21) “Sales Representative” means an Individual who is an employee of the Wholesale Permit holder and is authorized to conduct sales for the Wholesale Permit holder.

(22) "Sell" means to transfer possession of property from one Person to another Person for consideration.

(23) “Wholesale Operations” means the sale of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks and related activities, including the purchase, possession, storage and transportation of such Fireworks.

(24) "Wholesale Permit" means the official written document issued by the Office of State Fire Marshal that authorizes the purchase, transport, possession, packaging, storing and sale of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks when otherwise in compliance with all applicable requirements of ORS 480.110 through 480.165, OAR Chapter 837, Division 12, and any other applicable federal, state and local laws, rules and regulations.

(25) "Wholesale Site" means the location where a Wholesaler’s sales and storage facilities are operated and maintained.

(26) "Wholesaler" means any Person who Sells or provides by any other means, or intends to Sell or provide by any other means, Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 4-2006, f. & cert. ef. 3-10-06; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11

837-012-0515

General

(1) Definitions. For purposes of this administrative rule, the following definitions apply:

(a) “Fireworks” has the definition contained in ORS 480.110.

(b) “Person” means any business, entity, or individual.

(c) “Wholesaler” means a person that possesses an Oregon wholesale permit issued by the State Fire Marshal.

(2) Any person intending to sell or provide fireworks by any means within the state of Oregon, must first obtain an Oregon wholesale permit.

(3) Any person intending to sell or provide items described in ORS 480.127 by any means within the state of Oregon, must first obtain an Oregon wholesale permit, unless that person possesses an Oregon retail sales permit.

(4) A wholesaler may sell or provide by any means either fireworks or items described in ORS 480.127 in the state of Oregon only to persons having obtained one of the following State Fire Marshal issued permits:

(a) Fireworks display permit, including general, limited, close proximity, and special effects;

(b) Retail sales permit for the sale of retail fireworks to the general public; or

(c) Agricultural fireworks permit for scaring away birds or animals injurious to crops.

(5) Wholesalers desiring to engage in any Fireworks activities, including retail sales, agricultural use, or fireworks displays must meet all applicable requirements of ORS 480.110 through 480.165 and OAR chapter 837, division 12, including obtaining permits for such activities from local, federal, and state authorities.

(6) Wholesale Permit holders must comply with all applicable federal, state, and local laws, rules and regulations pertaining to Fireworks, including:

(a) ORS 480.110 through 480.165; and

(b) OAR chapter 837, division 12

(7)Wholesalers must notify the State Fire Marshal, in writing, within two weeks of the date of change of:

(a) Identity of the Wholesaler’s Manager;

(b) The Wholesaler’s mailing address or telephone number;

(c) Ownership of the Wholesaler’s Site;

(d) Ownership of the Wholesaler’s Operation; or

(e) The addition, or subtraction, of a Sales Representative for the Wholesaler.

(8) Exempt Fireworks are exempt from the permit requirements set forth in ORS 480.110 through 480.165 and OAR chapter 837, division 12. Exempt Fireworks may be sold and purchased at any time, and do not require a permit.

(9) Wholesalers who provide 1.3g Fireworks must provide a minimum of one general operator certification training course annually as required by OAR 837-012-0780.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1982(Temp), f. & ef. 3-5-82; FM 3-1982(Temp), f. & ef. 4-16-82; FM 3-1985, f. & ef. 4-17-85; FM 1-1986, f. & ef. 1-9-86; FM 6-1986(Temp), f. & ef. 6-10-86; FM 9-1986, f. & ef. 12-10-86; Suspended by FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; Renumbered from 837-012-0125; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 8-2002, f. & cert. ef. 10-4-02; OSFM 6-2004(Temp), f. & cert. ef. 11-17-04 thru 5-15-05; Administrative correction 5-20-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11; OSFM 4-2012(Temp), f. & cert. ef. 2-6-12 thru 8-3-12; OSFM 6-2012, f. 4-23-12, cert. ef. 8-3-12

837-012-0520

Wholesale Permit Applications

(1) Any In-State Wholesaler engaged in, or intending to engage in, the sale, provision, or shipment of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks, within Oregon, or from Oregon for delivery into another state, must first apply for and obtain a Wholesale Permit issued by the Office of State Fire Marshal.

(2) Any Out-of-State Wholesaler engaged in, or intending to engage in, the sale, provision, or shipment of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks, in or into Oregon must first apply for and obtain a Wholesale Permit issued by the Office of State Fire Marshal.

(3) A separate Wholesale Permit must be applied for and obtained for each Wholesale Site that may conduct Wholesale Operations within, from, or into Oregon.

(4) The application for a Wholesale Permit must be made on a form provided by the Office of State Fire Marshal.

(5) All information provided by the applicant on the Permit Application must be true and correct to the applicant’s knowledge.

(6) In addition to completion of the Wholesale Permit application forms, applicants must submit:

(a) A copy of a current photographic identification card of all applicants. The Office of State Fire Marshal may only accept photo identification issued by the Department of Motor Vehicles in the applicant’s state of residency. For purposes of this rule, if the applicant is a corporation, the applicant must submit copies of photographic identification of all the corporate officers. If the applicant is a partnership, the applicant must submit copies of the photographic identification of all partners.

(b) A description of the types, pursuant to United States Department of Transportation classification, and the maximum quantities, by total gross weight, of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks to be stored at the Wholesale Site for which a Wholesale Permit has been applied;

(7) As part of the Permit Application process, the applicant must obtain the approval of the Local Fire Authority and the local building official prior to submitting their application to the Office of State Fire Marshal.

(8) Exception to 837-012-0520(7) If the applicant’s Wholesale Site address was continuous during the year preceding the year for which the Wholesale Permit renewal is sought, the applicant is required only to re-submit to the Office of State Fire Marshal, as part of the Wholesale Permit renewal application, the approval of the Local Fire Authority.

(9) As part of the Permit Application, Wholesale Permit applicants who intend to Sell or provide 1.3G Fireworks must submit to the Office of State Fire Marshal a copy of their appropriate license issued by BATFE.

(10) Additional wholesale requirements pertaining to fireworks include:

(a) Provide $1M premises liability insurance as part of wholesale permit application;

(b) Compliance with federal DOT insurance requirements of $5,000,000 per shipment of 1.3G fireworks and $1,000,000 per shipment of 1.4G fireworks;

(c) Hazardous Material Certificate of Registration required by 49 CFR Part 107, Subpart G; as part of wholesale permit application;

(d) File Federal DOT MCS 90, MCS 150B;

(e) Provide proof of wholesale permit to offer manufactured pyrotechnics into commerce as required by ORS 480.120;

(d) Compliance with BATF 5400;

(e) Annually file the Oregon Hazardous Substance Possession Survey;

(f) Submit a Certificate of Occupancy for all buildings as part of wholesale permit application;

(g) Compliance with NFPA 68 guide for explosive venting Hazardous group H as part of wholesale permit application;

(h) Compliance with NFPA 1124 manufacturing and storage requirements;

(i) Any structures utilized as storage exceeding 30 days must be classified as permanent storage and meet NFPA 1124 requirements.

(j) Compliance with Oregon Structural Building Code Section 307;

(k) Compliance with Oregon OSHA requirements.

(11) “BE” and “EX” numbers must be obtained before any manufactured pyrotechnic device is entered into commerce or transported.

(12) Applicants must submit the completed Permit Application to the Local Fire Authority for review and signature approving the Wholesale Site prior to submission of the Permit Application to the Office of State Fire Marshal.

(13) Permit Applications must be signed by all applicants.

(a) If the applicant is a partnership, the application must be signed by every partner.

(b) If the applicant is a corporation, the application must be signed by an officer of the corporation.

(c) If the applicant is an Out-of-State Wholesaler, the application must be signed by the applicant and the Manager.

(14) Permit Applications may not be submitted to the Office of State Fire Marshal prior to October 1 of the year preceding the year for which the Wholesale Permit is sought.

(15) Permit Applications must be postmarked by a United States Postmark, or received at the Office of State Fire Marshal, no later than December 18 of the year preceding the year for which the Wholesale Permit is sought. If December 18 falls on a day when a postmark cannot be obtained, applications must be postmarked on the preceding business day when a postmark can be obtained. If December 18 falls on a day when the Office of State Fire Marshal is closed, and the applicant wishes to hand deliver their application, it must be delivered to the Office of State Fire Marshal at the Salem office on the preceding business day. However, due to limited resources in the fireworks program, it is recommended that wholesale fireworks permit applications be postmarked or submitted to the OSFM by December 1 of the year preceding the year for which the permit is sought.

(16) Relocation of the Wholesale Site requires submission of a new Permit Application and Wholesale Permit fee.

(17) Only one Wholesale Permit may be applied for or issued for each Wholesale Site.

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110–480.165
Hist.: FM 2-1982(Temp), f. & ef. 3-5-82; FM 3-1982(Temp), f. & ef. 4-16-82; FM 3-1985, f. & ef. 4-17-85, FM 1-1986, f. & ef. 1-9-86; FM 6-1986(Temp), f. & ef. 6-10-86; FM 9-1986, f. & ef. 12-10-86; Suspended by FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; Renumbered from 837-012-0120; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 8-2002, f. & cert. ef. 10-4-02; OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 1-2008(Temp), f. & cert. ef. 1-25-08 thru 7-3-08; OSFM 2-2008, f. 4-3-08, cert. ef. 5-1-08; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11

837-012-0525

Wholesale Permits

(1) Within 30 days of receipt of a properly completed and timely submitted Permit Application and Wholesale Permit fee, the Office of State Fire Marshal must issue or propose to deny the Wholesale Permit.

(2) The Office of State Fire Marshal may not approve a Permit Application or issue a Wholesale Permit without the prior approval of the Local Fire Authority.

(3) The Office of State Fire Marshal will assign a unique number to each Wholesale Permit issued.

(4) The Office of State Fire Marshal will mail the original Wholesale Permit to the applicant at the mailing address listed on the Permit Application.

(5) Wholesale Permit holders may request a duplicate copy of their permit by certifying to the Office of State Fire Marshal, in writing, that their permit has been lost, stolen or destroyed. Written requests must be signed and dated by the applicant pursuant to OAR 837-012-0520(12).

(6) The issuance of a Wholesale Permit does not in any way constitute approval by the Office of State Fire Marshal of any Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks purchased, sold or provided by any other means pursuant to the permit.

(7) A Wholesale Permit allows the holder of the permit to engage in the purchase, transportation, possession, storage and sales of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks, when those activities are otherwise in conformance with applicable requirements of ORS 480.110 through 480.165, OAR Chapter 837, Division 12, and any other applicable federal, state and local laws, rules and regulations pertaining to Fireworks.

(8) A Wholesale Permit authorizes the holder of the permit to Sell or provide by any other means, Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks, within or into Oregon, only to holders of:

(a) General, limited, or special effects public display permits;

(b) Retail permits;

(c) Wholesale Permits; or

(d) Agricultural use permits.

(9) A Wholesale Permit does not authorize the sale or provision by any other means, of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks to Individual Members of the General Public.

(10) The Wholesale Permit and permit number issued by the Office of State Fire Marshal are valid from January 1 to December 31 of the year for which they are issued. All Wholesale Permits and permit numbers expire on December 31 of the year in which they are valid. A Wholesale Permit holder may be issued the same permit number every year if the permit holder applies for and obtains a Wholesale Permit in consecutive years.

(11) The Wholesale Permit is not transferable to another Person nor can another Person perform any activities authorized by the Wholesale Permit unless that Person is listed in the Permit Application.

(12) Only the Wholesale Permit holder and the employees of the Wholesale Permit holder may engage in Wholesale Operations authorized by the Wholesale Permit.

(13) The Wholesale Permit holder's name, mailing address and Wholesale Permit number must be imprinted or affixed by the Wholesale Permit holder to:

(a) All sales forms, orders, invoices, inventory sheets and any other similar or related documents issued, used or completed by the Wholesale Permit holder in conducting its Wholesale Operations; and

(b) The outside of all Cartons, Containers, or Cases of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks being shipped, transported, or otherwise provided by the Wholesale Permit holder.

(14) All shipments by a Wholesale Permit holder of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks must show on the outside of each Carton, Container or Case, sales forms, orders, invoices, inventory sheets and any other similar or related documents issued, used or completed by the Wholesale Permit holder the full name and permit number of the permit holder to whom the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are being provided.

(a) If the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are being shipped, transported or otherwise provided in or into Oregon, the shipment must show an Office of State Fire Marshal-issued permit number.

(b) If the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are being shipped, transported or otherwise provided from Oregon for delivery into another state, the shipment must show the appropriate license or permit number, if the Person to whom the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are being provided is required under the laws of the other state to possess a license or permit.

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented:
Hist.: FM 2-1982(Temp), f. & ef. 3-5-82; FM 3-1982(Temp), f. & ef. 4-16-82; FM 3-1985, f. & ef. 4-17-85, FM 1-1986, f. & ef. 1-9-86; FM 6-1986(Temp), f. & ef. 6-10-86; FM 9-1986, f. & ef. 12-10-86; Suspended by FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; Amended and renumbered from 837-012-0120;OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 8-2002, f. & cert. ef. 10-4-02; OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11

837-012-0530

Permit Fees

(1) Permit fees shall be paid at, or mailed to, the Office of State Fire Marshal and shall accompany the Permit Application.

(2) Payment shall be made by personal check, business check, cashier’s check or money order made payable to the Office of State Fire Marshal. If the fee is paid by either personal or business check, the Office of State Fire Marshal shall not take any action on the Permit Application until the check has cleared the bank.

(3) The permit fee shall be $3,000.

(4) Permit fees are non-refundable. Exception: The State Fire Marshal may refund all or part of the permit fee if it is determined the application is not appropriate or the permit is denied.

(5) Permit fees are non-transferable to any other individual or business.

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented:
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 6-2004(Temp), f. & cert. ef. 11-17-04 thru 5-15-05; Administrative correction 5-20-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 9-2008(Temp), f. 11-14-08, cert. ef. 11-17-08 thru 5-8-09; OSFM 1-2009, f. 4-9-09, cert. ef. 4-10-09

837-012-0535

Denial, Suspension and/or Revocation of Wholesale Permit

(1) The Office of State Fire Marshal may deny, suspend or revoke a Wholesale Permit if a Wholesale Permit holder, or an applicant for a Wholesale Permit, fails to comply with ORS 480.110 through 480.165 or OAR Chapter 837, Division 12.

(2) The period of denial, suspension or revocation may not exceed three years. In determining the appropriate sanction, the Office of State Fire Marshal may consider the following criteria:

(a) The severity of the violation or violations and the impact on public safety, particularly whether the circumstances of the violation or violations presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations alleged to have been committed in the current transaction, event or occurrence;

(c) Whether the violation or violations were willful or intentional;

(d) The prior history of sanctions imposed by the Office of State Fire Marshal against the Wholesale Permit holder or applicant; and

(e) Other circumstances determined by the Office of State Fire Marshal to be applicable to the particular violation or violations.

(3) Suspension or revocation of a Wholesale Permit may include suspension or revocation of the current permit and the right to apply for a renewal permit.

(4) The Office of State Fire Marshal may deny, suspend or revoke all Wholesale Permits issued to a Wholesale Permit holder or applicant for each of the permit holder’s or applicant’s Wholesale Sites pursuant to OAR 837-012-0520(3).

(5) At any time after the expiration of any period of denial of a Permit Application, or suspension or revocation of a Wholesale Permit, imposed by the Office of State Fire Marshal, the applicant or Wholesale Permit holder subject to the denial, suspension or revocation may submit a Permit Application to the Office of State Fire Marshal. The Office of State Fire Marshal must either grant or deny the application pursuant to OAR 837-012-0525(1). If granted, the Wholesale Permit is valid for the remainder of the calendar year.

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11

837-012-0540

Wholesale Sites Located in Oregon

(1) The location of a Wholesale Site may not present a significant risk to surrounding life and property or to the ability of local emergency response agencies to respond.

(2) The Wholesale Site must be designed, constructed, operated, maintained and separated in conformance with the applicable requirements of:

(a) NFPA 1124, Code for the Manufacture, Transportation, and Storage of Fireworks, 2003 Edition (The separation distances shall be met as required by NFPA 1124, 2003 Edition. All Fireworks stored at the Wholesale Site shall be considered in calculating the separation distances);

(b) NFPA 68, Guide for Explosion Venting, 2002 Edition;

(c) Oregon Structural Specialty Code, 2004 Edition;

(d) Oregon Fire Code, 2010 Edition;

NOTE: Wholesale Sites that are currently approved may not be required to be altered or updated to comply with these standards.

(3) Temporary structures, including tents, vehicles and trailers of less than 10,000 pound gross carrying capacity, and buildings, structures, vehicles, or trailers not approved by the Local Fire Authority and the Office of State Fire Marshal may not be used as Wholesale Sites.

(4) Security for storage facilities must be provided by construction and maintenance of a solid or chain-link fence, at least six feet high with locking gates, that surrounds the facility. Security may be provided by an alternative means only if first approved by the Local Fire Authority.

(5) Smoking, other ignition sources, or the use of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks may not be allowed within 100 feet of the storage or sales facilities.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 8-2002, f. & cert. ef. 10-4-02; OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11

837-012-0545

Sales and Records -- General

(1) All Individuals involved in Wholesale Operations shall be at least 18 years of age. See OAR 837-012-0555(5) and (6).

(2) The Manager and Sales Representatives of the Wholesale Operations, while not required to be present at all times the site is open for business shall be located at the Wholesale Site.

(3) A copy of the Wholesale Permit shall be posted in an area readily visible to all Individuals entering the sales facility.

(4) Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks may be displayed in the sales facility in accordance with the following requirements:

(a) 1.3G Fireworks shall not be displayed;

(b) 1.4G Fireworks may be displayed. Only one of each type of Firework shall be displayed unless multiples of one type of Firework are contained in a single package. In that case, only the smallest available package shall be displayed and in accordance with Local Fire Authority and Office of State Fire Marshal requirements.

(5) All sales or provision of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks, including donation, by Wholesale Permit holders shall be recorded on a form provided by the Office of State Fire Marshal or, for sales of 1.3G Fireworks, the BATFE form P5400.4. Sales or provision of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks may be recorded on an alternative form if approved, in writing, by the Office of State Fire Marshal or the BATFE.

(6) The records described in subsection (5) of this rule shall include, at a minimum:

(a) The name, address, and license and/or permit number, if required, of the Person to whom the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are being sold or otherwise provided, including the state that issued the license and/or permit, the date of issuance and the expiration date of the license and/or permit;

(b) The address, including street number, city and state, and telephone number of the destination for the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks;

(c) The permit number of the Wholesale Permit holder, including the date of issuance and expiration date; and

(d) A list of the types, trade names and quantity of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks sold or otherwise provided.

(7) The record form described under subsection (5) of this rule shall be completed in full by the Wholesale Permit holder and signed by the Person purchasing or obtaining the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks.

(8) All records described under subsection (5) of this rule, whether originals or copies, shall be clear, legible and accurate.

(9) Records described under subsection (5) of this rule shall be maintained at the Wholesale Site. Records shall be retained for five years from the date of sale or provision. Upon request, records shall be immediately provided to the Local Fire Authority, law enforcement authority or representative of the Office of State Fire Marshal.

(10) Wholesale Permit holders shall maintain at the Wholesale Site at all times a list of all employees involved in the Wholesale Operations, including their names, addresses, phone numbers (including home), driver's license numbers, and birth dates. Upon request a legible copy of the list shall be provided immediately to the Office of State Fire Marshal.

(11) Wholesale Permit holders shall maintain at the Wholesale Site at all times a list of all vehicles used to transport Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks, including year, make, model, license number and lease agreement, if applicable. A legible copy of the list shall be provided immediately to the Office of State Fire Marshal, upon request.

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05

837-012-0550

Sales to Out-of-State Residents by In-State Wholesalers

(1) In addition to any other requirements set forth in these rules, the sale or provision by any other means, of Fireworks, Retail Fireworks, Public Display Fireworks or Agricultural Fireworks to out-of-state Residents must comply with the laws of the state where the Person to whom the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are to be sold or provided resides and the laws of the state where the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are to be transported or shipped, if the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are to be transported or shipped to a state other than where the Person resides.

(2) The Person to whom the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are sold or otherwise provided must present to the Wholesale Permit holder for inspection, at the time of sale or provision, the original or a certified copy of the Person’s valid license or permit when such license or permit is required by the laws of the other state.

(3) The Person to whom the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are sold or otherwise provided must present to the Wholesaler for inspection, at the time of sale or provision, proof of the Person's identity. Such proof must be an official, signed and sealed photo-identification card, such as a driver's license issued by the Person's state of Residence or Domicile.

(4) Wholesale Permit holders with Wholesale Sites located 50 miles or less from the borders of the State of Oregon, must make a good faith effort to determine if customers are Oregon Residents or out-of-state Residents.

(5) Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks may not be sold or otherwise provided to out-of-state Residents whose state of Residence prohibits the sale, provision, purchase, possession, or use of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks. Exception: This does not apply to an out-of-state resident that has applied for and been granted a permit pursuant to ORS 480.110 through 480.165 and OAR chapter 837, division 12.

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11

837-012-0555

Prohibited Acts and Limitations

(1) Wholesale Permit holders may not create, maintain, or allow the existence of a fire hazard at any location under their control where Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks are stored, transported, sold, or used.

(2) No Wholesale Permit holder may Sell or provide by any other means, including donation:

(a) Fireworks or Public Display Fireworks to any Individual under 21 years of age;

(b) Retail Fireworks or Agricultural Fireworks to any Individual under 18 years of age if the sale or provision of Retail Fireworks or Agricultural Fireworks is to an Individual in Oregon;

(c) Fireworks, Retail Fireworks, Public Display Fireworks or Agricultural Fireworks to any Person who does not possess a valid permit for such Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks issued by the Office of State Fire Marshal, or if required, a valid license or permit issued by the equivalent agency in the Person’s state of Residence or the state of destination for the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks;

(d) Fireworks, Retail Fireworks, Public Display Fireworks or Agricultural Fireworks which have been altered in any manner.

(3) No Person who has been convicted of a violation of ORS 480.110 through 480.165 or OAR Chapter 837, Division 12, or who has had any Fireworks permit or operator certificate suspended, denied or revoked, may participate in any manner in Wholesale Operations, for a period not to exceed three years.

(4) A Wholesale Permit holder may not employ, or have direct business ties with, any Person whose Wholesale or Retail Fireworks Permit or operator certificate is revoked or suspended.

(5) No Individual under 18 years of age may participate in any manner in Wholesale Operations involving Fireworks, Retail Fireworks, or Agricultural Fireworks.

(6) No Individual under 21 years of age may participate in any manner in Wholesale Operations involving Public Display Fireworks.

(7) A Wholesale Permit holder may not fill out, complete or submit a general, limited, or special effects public display permit, retail permit, or agricultural use permit previously filled out or completed by a different Wholesaler unless the Wholesale Permit holder has applied for and received approval from the Office of State Fire Marshal to do so.

(8) Wholesale Permit holders may not sell, provide, ship, transport, keep, offer for sale, expose for sale, possess, use, explode or have exploded any Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks that have not been approved, certified or listed for transport by the United States Department of Transportation and the United States Consumer Product Safety Commission, or if the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks do not have a United States Bureau of Explosives Temporary Transfer Permit.

(9) A Wholesale Permit or permit number that has expired or has not been issued, does not authorize the purchase, use, discharge, transportation, storage, possession, sale or provision by any other means, including donation, of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks.

(10) Every Person who knows of, engages in, allows, or is otherwise a party to, Wholesale Operations not in conformance with ORS 480.110 through 480.165 and OAR chapter 837, division 12, may be subject to denial, revocation, or suspension of the Person’s Fireworks permit or operator certificate issued by the Office of State Fire Marshal, and a civil penalty.

(11) No Person may purchase or otherwise obtain, possess, use, discharge, transport, offer for sale, sell, transfer or otherwise provide Fireworks, Retail Fireworks, Public Display Fireworks or Agricultural Fireworks without first applying for and obtaining the appropriate permit issued by the Office of State Fire Marshal pursuant to ORS 480.110 through 480.165 and OAR chapter 837, division 12.

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 1-2005(Temp), f. & cert. ef. 1-13-05 thru 7-11-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 4-2006, f. & cert. ef. 3-10-06; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11

837-012-0560

Civil and Criminal Enforcement Actions

(1) The Office of State Fire Marshal, Local Fire Authority, or law enforcement authority may confiscate, remove or have removed any Fireworks, Retail Fireworks, Public Display Fireworks or Agricultural Fireworks offered for sale, sold, provided, transported, purchased or otherwise obtained, stored, possessed, used or discharged in violation of ORS 480.110 through 480.165 or OAR chapter 837, division 12.

(2) The Wholesale Permit holder, or any other Person responsible for any violation or violations, may be responsible for payment of the agency’s costs in confiscating or removing any Fireworks, Retail Fireworks, Public Display Fireworks or Agricultural Fireworks pursuant to subsection (1) of this rule.

(3) Upon finding a violation, the Office of State Fire Marshal may order that any confiscated Fireworks, Retail Fireworks, Public Display Fireworks or Agricultural Fireworks be:

(a) Returned to the manufacturer of the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural fireworks; or

(b) Disposed of in any manner approved by the Office of State Fire Marshal, including destruction of the Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks.

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11

837-012-0565

Transportation

(1) All shipments of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks within or into Oregon, or from Oregon for delivery to another state may be transported only by Persons who comply with all applicable United States Department of Transportation requirements and any other federal, state, or local laws, rules, or regulations pertaining to the transportation of Fireworks.

(2) All Persons engaged in the transportation of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks within, into or out of Oregon must verify that the outside of all Cartons, Containers or Cases, containing such Fireworks and any accompanying documentation, are marked with all the information required under OAR 837-012-0525(13) and (14).

(3) Wholesale Permit holders may not sell or provide Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks to any Person for transport when the permit holder knows or should know that the Person cannot or will not transport such Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks in accordance with United States Department of Transportation requirements or any other applicable federal, state or local laws, rules or regulations.

(4) Common carriers shall immediately notify, verbally or in writing, the Local Fire Authority or the Office of State Fire Marshal of all shipments of Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks to be delivered within or into Oregon. Such shipments shall be subject to examination by the Local Fire Authority and the Office of State Fire Marshal to determine compliance with all applicable federal, state and local laws, rules, and regulations pertaining to Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks. If necessary, the Consumer Product Safety Commission, United States Customs, the United States Department of Transportation and the Oregon Department of Transportation may be contacted for assistance.

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11

837-012-0570

Hazardous Materials Reporting for Wholesalers with Oregon Storage Sites

All Persons possessing more than ten pounds of 1.3G Fireworks or 1.4G Fireworks, as classified by the United States Department of Transportation, must annually complete the Hazardous Substance Survey pursuant to ORS 453.307 to 453.372 and OAR chapter 837, division 85. Contact the Office of State Fire Marshal for survey forms and instructions.

Stat. Auth.: ORS 476, 478 , 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02

Retail Sales and Storage of Pyrotechnics
(Allowed Fireworks) in Oregon

837-012-0600

Purpose and Scope

These rules establish permit and other requirements for Persons who Sell or otherwise provide, intend to Sell or otherwise provide, Retail Fireworks to Individual Members of the General Public.

Stat. Auth.: ORS 476 , 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 , 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 14-2000, f. & cert. ef 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01

837-012-0605

Effective Dates

OAR 837-012-0600 through 837-012-0675 are effective upon date of filing.

Stat. Auth.: ORS 476 , 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 , 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 14-2000, f. & cert. ef. 12-4-00

837-012-0610

Definitions

For purposes of ORS 480.110 though 480.165 and OAR 837-012-0600 through 837-012-0675, the following definitions apply:

(1) "Agricultural Fireworks" shall mean Fireworks used for the purpose of scaring away or repelling birds or animals pursuant to ORS 480.122 or controlling predatory animals pursuant to ORS 480.124.

(2) "BATFE" shall mean the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(3) "Building" shall have the meaning provided in the Oregon Structural Specialty Code, 2004 Edition. The term does not include a Tent, Canopy, Stand or trailer.

(4) "Canopy" shall mean a temporary structure, enclosure or shelter; constructed of fabric or pliable materials; supported by any manner, except by air or the contents it protects, and is open without sidewalls or drops on 75 percent or more of the perimeter.

(5) "Carton, Container, or Case" shall mean any box, parcel, bundle, or other package used to hold or contain Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks for purposes of transportation and/or storage. The term does not include:

(a) The wrapping and/or packaging used to hold or contain a single, or small number of, Fireworks, Retail Fireworks, Public Display Fireworks or Agricultural Fireworks; or

(b) A vehicle or other mobile container used to transport Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks.

(6) "Combination Item" shall mean a device that contains combinations of two or more of the effects described in ORS 480.127(4)(b) to (g). See 480.127(4)(a).

(7) "Cone Fountain" shall mean a cardboard or heavy paper cone containing not more than 50 grams of pyrotechnic composition. The effect upon ignition is the same as that of a cylindrical fountain. See ORS 480.127(4)(b).

(8) "Cylindrical Fountain" shall mean a cylindrical tube not more than three-fourths inch (19mm) inside diameter and containing not more than 75 grams of pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground, a wood or plastic base for placing on the ground or a wood or cardboard handle if intended to be hand-held. See ORS 480.127(4)(c).

(9) "Employee" shall mean an Individual hired by a Retail Permit holder to Sell Retail Fireworks from a Retail Sales Outlet, or to otherwise engage in Retail Operations.

(10) "Exempt Fireworks" shall mean Novelties and Trick Noisemakers.

(11) "Exit" shall mean an opening or passageway that:

(a) Provides a means of leaving an enclosed space or area; and

(b) Is required to be constructed and/or maintained by the Oregon Structural Specialty Code, 2004 Edition. The term may include a check stand Exit.

(12) "Fire Protection District" shall mean any district created under the laws of Oregon or the United States, including rural fire protection districts and any federal, state or private forest patrol areas. See ORS 480.110(2).

(13) "Fireworks" shall have the meaning provided in ORS 480.110(1). The term includes Retail Fireworks, Public Display Fireworks, and Agricultural Fireworks. The term does not include Exempt Fireworks.

(14) "Flitter Sparkler" shall mean a narrow paper tube containing not more than 100 grams of pyrotechnic composition that produces colored sparks upon ignition. The paper at one end of the tube is ignited to make the device function. See ORS 480.127(4)(d).

(15) "Ground Spinner" shall mean a small device similar to a Wheel in design and effect and containing not more than 60 grams of pyrotechnic composition. When placed on the ground and ignited, a shower of colored sparks is produced by the rapidly spinning device. See ORS 480.127(4)(e). The term does not include "Crazy Jacks," "Jumping Jacks" and similar spinning devices that do not have a means to prevent uncontrolled and unpredictable behavior during discharge, and due to uncontrolled and unpredictable behavior, present a severe hazard of fire and injury. The sale of such devices is therefore prohibited.

(16) "Illegal Fireworks" shall mean any Fireworks other than those described in ORS 480.127(4) including but not limited to, any Firework that flies into the air, or explodes or behaves in an uncontrolled and unpredictable manner.

(17) "Illuminating Torch" shall mean a cylindrical tube containing not more than 100 grams of pyrotechnic composition. This device may be provided with a spike for insertion into the ground, a wood or plastic base for placing on the ground or a wood or cardboard handle if intended to be hand-held. See ORS 480.127(4)(f).

(18) "Individual" shall mean a single human being.

(19) "Individual Member of the General Public" shall mean any Person who has not been issued a wholesale permit, a general, limited or special effects public display permit, a Retail Permit or an agricultural permit by the Office of State Fire Marshal.

(20) "Individual Responsible for Sales" shall mean the Individual identified on the Permit Application who is responsible for the operation of the Retail Sales Outlet listed on the Permit Application.

(21) "Indoor Sales" shall mean sales of Retail Fireworks from inside a Building or Tent.

(22) "Local Fire Authority" shall mean the local fire official having jurisdiction over the Retail Site and/or the Retail Fireworks storage location.

(23) "NFPA" shall mean the National Fire Protection Association.

(24) "Novelties and Trick Noisemakers" shall mean those items described in NFPA 1124, Section 1.4, 2003 Edition. It also means Exempt Fireworks.

(25) "Outdoor Sales" shall mean sales of Retail Fireworks from a Tent, Canopy, Stand or trailer.

(26) "Permit Application" shall mean the application form(s) and accompanying documentation required to be completed and submitted to the Office of State Fire Marshal for approval prior to the issuance of a Retail Permit.

(27) "Public Display Fireworks "shall mean Fireworks that are authorized under a general, limited, or special effects public display permit issued pursuant to ORS 480.130, 480.140 and 480.150.

(28) "Retail Fireworks" shall mean those items described in ORS 480.127(4), specifically Combination Items, Cone Fountains, Cylindrical Fountains, Flitter Sparklers, Ground Spinners, Illuminating Torches, and Wheels. The term does include a firework designed with the means to roll or move while remaining on the ground, that travels 12' or less horizontally on smooth surfaces.

(29) "Retail Operations" shall mean the sale of Retail Fireworks from a Retail Sales Outlet to Individual Members of the General Public and related activities, including the purchase, possession, storage and transportation of Retail Fireworks.

(30) "Retail Permit" shall mean the official written document issued by the Office of State Fire Marshal pursuant to ORS 480.127 that authorizes the purchase, transport, possession, storage and sale of Retail Fireworks, at retail, when otherwise in conformance with all applicable requirements of ORS 480.110 through 480.165, OAR chapter 837, division 12, and any other applicable federal, state and local laws, rules and regulations pertaining to fireworks.

(31) "Retail Sales Outlet" shall mean a permanently or temporarily erected structure or enclosure located at the Retail Site and from which Retail Fireworks are sold to Individual Members of the General Public. The term includes Stands, Tents, Canopies, Buildings, and trailers.

(32) "Retail Site" shall mean the physical location or address of the Retail Sales Outlet listed on the Retail Permit where Retail Fireworks are sold.

(33) "Retailer" shall mean any Person who Sells, transfers, or provides by any other means, or intends to Sell, transfer or provide by any other means, Retail Fireworks to Individual Members of the General Public.

(34) "Sales Display" shall mean the placement at a Retail Sales Outlet of Retail Fireworks to allow Individual Members of the General Public to view, handle and/or purchase the Retail Fireworks.

(35) "Sell" shall mean to transfer possession of property from one Person to another Person for consideration.

(36) "Stand" shall mean a booth temporarily erected and used for the sale of Retail Fireworks to Individual Members of the General Public.

(37) "Tent" shall mean a temporary structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents it protects and is in compliance with Uniform Fire Code requirements for tents.

(38) "Volunteer" shall mean a member of a non-profit organization that has applied for and obtained a Retail Permit.

(39) "Wheel" shall mean a pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain not more than six driver units or tubes not exceeding one-half inch (12.5mm) inside diameter and containing not more than 60 grams of pyrotechnic composition. Upon ignition, the wheel revolves and produces a shower of colored sparks, and sometimes a whistling effect. See ORS 480.127(4)(g).

(40) "Wholesaler" shall mean any Person who Sells or provides by any other means, or intends to Sell or provide by any other means Fireworks, Retail Fireworks, Public Display Fireworks, or Agricultural Fireworks.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 2-2003, f. & cert. ef. 2-10-03; OSFM 3-2005, f. & cert. ef. 2-15-05; OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05

837-012-0615

General

(1) Retailers desiring to engage in other types of Fireworks activities, including wholesale sales, public displays or agricultural use, must meet all applicable requirements in ORS 480.110 through 480.165 and OAR chapter 837, division 12, including those pertaining to obtaining permits for such activities from local and state authorities.

(2) Retail Permit holders shall comply with all applicable federal, state and local laws, rules and regulations, pertaining to Fireworks, including:

(a) ORS 480.110 through 480.165;

(b) All applicable requirements of OAR chapter 837, division 12;

(c) Oregon Fire Code, 2004 Edition; and

(d) Oregon Structural Specialty Code, 2004 Edition.

(3) Retail Permit holders shall notify the Office of State Fire Marshal, verbally or in writing, within 24 hours of the date of change, of:

(a) The Retail Permit holder's mailing address or telephone number; or

(b) The mailing address or 24-hour contact number for the Individual Responsible for Sales.

(4) Retail Permit holders shall notify the Office of State Fire Marshal and the Local Fire Authority, in writing of a change in the identity of the Individual Responsible for Sales at least 24 hours before the new Individual becomes the Individual Responsible for Sales. Such a change is subject to the prior approval of the Local Fire Authority and the Office of State Fire Marshal.

(5) Exempt Fireworks are exempt from the permit requirements set forth in ORS 480.110 through 480.165 and OAR chapter 837, division 12. Exempt Fireworks may be sold and purchased without either the seller or purchaser having to first obtain a permit issued by the Office of State Fire Marshal.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 2-2003, f. & cert. ef. 2-10-03; OSFM 3-2005, f. & cert. ef. 2-15-05

837-012-0620

Retail Permit Applications

(1) Any Person engaged in, or intending to engage in, the sale or provision by any other means of Retail Fireworks to Individual Members of the General Public shall apply for and obtain a Retail Permit issued by the Office of State Fire Marshal.

(2) A separate Retail Permit shall be applied for and obtained for each Retail Sales Outlet that may conduct sales of Retail Fireworks in Oregon.

(3) Only one application for a Retail Permit may be made for each Retail Site except pursuant to OAR 837-012-0630(3).

(4) The application for a Retail Permit shall be made on a form provided by the Office of State Fire Marshal.

(5) All information provided by the applicant on the Permit Application shall be true and correct to the applicant's knowledge.

(6) In addition to completion of the application form, applicants shall submit copies of a sketch of the Retail Site in accordance with subsection (7) of this rule.

(7) The sketch of the Retail Site, required pursuant to subsection (6) of this rule, shall include without limitation, the following:

(a) A diagram of the Retail Sales Outlet and its relationship to adjacent areas located at the Retail Site;

(b) For all Outdoor Sales, the location and distances of all structures, Buildings, highways, streets, trees, and other vegetation within 50 feet of the Retail Sales Outlet;

(c) For all Indoor Sales, the location of the Sales Display and the location and distances of all highly combustible materials within a 20-foot radius of the Sales Display;

(A) For Retail Sales Outlets located within structures or Buildings of less than 1,000 square feet, all Exits from the Building or structure;

(B) For Retail Sales Outlets located in structures or Buildings of greater than 1,000 square feet, all Exits from the Building or structure located within 75 feet of the Sales Display;

(C) For tents, all exits from the tent.

(D) A list of the general types of merchandise located within 20 feet of the Sales Display. This requirement does not apply to Tents.

(d) The location of any open flames, exposed heating elements or other direct sources of ignition, including, but not limited to, coffee makers, food warmers, cookers and broilers located inside the Retail Sales Outlet or, for Indoor Sales, within 20 feet of the Sales Display.

(8) Any applicant for a Retail Permit, other than an Individual, shall list on the application form the name, address, and phone number of one Individual holding a management position within the permit holder's company or organization. See definition of "Person" in ORS 174.100(4) and "Individual" in OAR 837-012-0610(18).

(9) As part of the Permit Application process, the applicant shall apply for and obtain, in writing when available;

(a) All required local and state building code, fire code and business licensing inspections, approvals, permits and/or licenses; and

(b) All required state and local land use and zoning permits, licenses and/or approvals for the Retail Site.

(10) Applicants shall submit their completed Permit Application to the Local Fire Authority for review and signature approving the Retail Site prior to submission of the Permit Application to the Office of State Fire Marshal.

(11) The required Local Fire Authority signatures are:

(a) For retail sales conducted inside city limits, the Permit Application must be signed by the city Fire Chief or his authorized representative;

(b) For retail sales conducted outside city limits, but inside a rural Fire Protection District, the Permit Application must be signed by the district Fire Chief or his authorized representative;

(c) For retail sales conducted outside both city limits and a rural Fire Protection District, the Permit Application must be signed by the District Deputy State Fire Marshal.

(d) Applicants must also obtain the signature of the Local Fire Authority with jurisdiction over the Retail Fireworks storage location, regardless of whether the storage location is the same as the Retail Site.

(12) Proof of identification of the Individual Responsible for Sales shall be provided to the Local Fire Authority at the time the Permit Application is submitted to the Local Fire Authority for review and signature. The proof of identification shall be a current and recognizable photographic identification.

(13) Permit Applications shall not be submitted to the Office of State Fire Marshal prior to January 1 of the year for which the permit is sought.

(14) ORS 480.127 requires retail fireworks sales applicants to apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale. However, due to limited resources in the fireworks program, it is recommended that retail fireworks permit applications be postmarked or submitted to the OSFM by April 15 of the year for which the permit is sought.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef.12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; Administrative correction 6-14-01; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 3-2005, f. & cert. ef. 2-15-05; OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 5-2006, f. & cert. ef. 3-10-06

837-012-0625

Retail Permit Fees

(1) Permit fees shall be paid at, or mailed to, the Office of State Fire Marshal and shall accompany the Permit Application.

(2) Payment shall be made by personal check, business check, cashier’s check or money order made payable to the Office of State Fire Marshal. If the fee is paid by either personal or business check, the Office of State Fire Marshal shall not take any action on the Permit Application until the check has cleared the bank.

(3) The permit fee for each Permit Application shall be $100.

(4) Permit fees are non-refundable and non-transferable.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 3-2005, f. & cert. ef. 2-15-05; OSFM 13-2005(Temp), f. & cert. ef. 8-16-05 thru 2-11-06; OSFM 2-2006(Temp), f. & cert. ef. 2-13-06 thru 3-10-06; OSFM 5-2006, f. & cert. ef. 3-10-06; OSFM 9-2008(Temp), f. 11-14-08, cert. ef. 11-17-08 thru 5-8-09; OSFM 1-2009, f. 4-9-09, cert. ef. 4-10-09

837-012-0630

Issuance of Retail Permits

(1) The Office of State Fire Marshal shall not approve a Permit Application, or issue a Retail Permit, without the prior approval of the Local Fire Authority.

(2) The Office of State Fire Marshal shall assign a unique number to each Retail Permit issued.

(3) Only one Retail Permit shall be issued for each Retail Site with the following exception: More than one Retail Sales Outlet may be erected and operated at the same Retail Site, whether indoors or outdoors, when there is sufficient space to allow each Retail Sales Outlet to conform to the requirements of ORS 480.110 to 480.165 and these rules. For example, Retail Permits may be issued for both Outdoor Sales and Indoor Sales located at the same Retail Site.

(4) The Office of State Fire Marshal shall mail the original Retail Permit to the applicant at the mailing address listed on the Permit Application.

(5) Retail Permit holders may request a duplicate copy of their permit by certifying to the Office of State Fire Marshal, in writing, that their permit has been lost, stolen, or destroyed. Written requests shall be signed and dated by the Retail Permit holder.

(6) The issuance of a Retail Permit does not in any way constitute approval by the Office of State Fire Marshal of any Retail Fireworks purchased, sold or provided pursuant to the Retail Permit.

(7) A Retail Permit allows the holder of the permit to engage in the purchase, transportation, possession, storage and sales of Retail Fireworks when those activities are otherwise in conformance with the applicable requirements of ORS 480.110 through 480.165, OAR chapter 837, division 12 and any other applicable federal, state or local laws, rules or regulations pertaining to Fireworks.

(8) A Retail Permit holder is authorized only to Sell or otherwise provide Retail Fireworks to Individual Members of the General Public.

(9) A Retail Permit does not authorize the:

(a) Purchase, possession or sale of Illegal Fireworks by or to any Person; or

(b) Sale or provision of Retail Fireworks to any Person other than an Individual Member of the General Public.

(10) The Retail Permit and permit number issued by the Office of State Fire Marshal are valid for the sale of Retail Fireworks from June 23 through July 6 of the year in which the permit was issued.

(11) A Retail Permit is valid only for the Retail Sales Outlet and Retail Site listed on the permit.

(12) Only the Retail Permit holder, and any Employees or Volunteers of the Retail Permit holder, may engage in Retail Operations authorized by the Retail Permit.

(13) Retail Permits, and the rights conveyed by the permits, are not transferable.

(14) Retail Permit holders shall contract directly with the Wholesaler listed on the Retail Permit for the purchase of Retail Fireworks.

(15) Retail Permit holders shall not contract, subcontract, lease, sub-lease or convey by any other means to another Person any rights granted under the Retail Permit.

(16) The Retail Permit issued by the Office of State Fire Marshal does not require property owners or others to allow sales of Retail Fireworks on their property. The Office of State Fire Marshal will not intercede on the behalf of Retail Permit holders with property owners who refuse to allow sales of Retail Fireworks on their property, or, in the case of two Permit Applications submitted or two Retail Permits inadvertently issued for the same Retail Site, when there is a question of which applicant or Retail Permit holder has permission from the property owner to conduct sales at the Retail Site.

Stat. Auth.: ORS 476 , 480
Stats. Implemented: ORS 480.110-480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; FM 1-1997, f. & cert. ef. 1-28-97; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 2-2003, f. & cert. ef. 2-10-03

837-012-0635

Purchase of Retail Fireworks by Retail Permit Holder

(1) Retail Permit holders shall purchase or otherwise obtain Retail Fireworks only from Wholesalers who possess a valid and current wholesale permit issued by the Office of State Fire Marshal.

(2) A Retail Permit holder shall purchase or otherwise obtain Retail Fireworks only from the Wholesaler listed on the Retail Permit.

(3) If the Wholesaler who supplies the Retail Fireworks to the Retail Permit holder is different from the Wholesaler listed on the Retail Permit, the Retail Permit holder shall notify, in writing, the Office of State Fire Marshal and Local Fire Authority of the change at least 24 hours prior to purchasing the Retail Fireworks from the Wholesaler.

(4) Prior to acceptance of Retail Fireworks from a Wholesaler, the Retail Permit holder shall confirm that the outside of all Cartons, Containers, or Cases of Retail Fireworks, and any accompanying documentation are imprinted and/or affixed with the wholesale permit number pursuant to OAR 837-012-0525(13).

(5) Prior to acceptance of Retail Fireworks from a Wholesaler, the Retail Permit holder shall confirm that the outside of all Cartons, Containers, or Cases of Retail Fireworks and any accompanying documentation are imprinted and/or affixed with the full name and Retail Permit number of the Retail Permit holder.

(6) Retail Permit holders shall not accept any Cartons, Containers, or Cases of Retail Fireworks or accompanying documentation that does not show the information required pursuant to subsections (4) and (5) of this rule.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 2-2003, f. & cert. ef. 2-10-03; OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05

837-012-0640

Permits -- Denial, Suspension and/or Revocation

(1) The Office of State Fire Marshal may deny, suspend or revoke a Retail Permit if a Retail Permit holder, or an applicant, fails to comply with ORS 480.110 through 480.165 or OAR chapter 837, division 12.

(2) The period of denial, suspension or revocation shall not exceed three years. In determining the appropriate sanction, the Office of State Fire Marshal shall consider the following criteria:

(a) The severity of the violation(s) and/or its impact on public safety, particularly whether the circumstances of the violations presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations alleged to have been committed in the current transaction, event or occurrence;

(c) Whether the violation(s) was willful or intentional;

(d) The prior history of sanctions imposed by the Office of State Fire Marshal against the Retail Permit holder or applicant; and

(e) Other circumstances determined by the Office of State Fire Marshal to be applicable to the particular violation(s).

(3) Suspension or revocation of a Retail Permit may include suspension or revocation of the current permit and the right to apply for a subsequent permit.

(4) The Office of State Fire Marshal may deny, suspend, or revoke all Retail Permits issued to a Retail Permit holder for each of the permit holder's or applicant's Retail Sales Outlets pursuant to OAR 837-012-0620(2).

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05

837-012-0645

Sales and Storage of Retail Fireworks

(1) A Retail Sales Outlet shall never be left unattended during the business hours of the outlet. Any Retail Sales Outlet in violation of these rules may be subject to closure.

(2) The Retail Permit holder or the Individual Responsible for Sales shall be present at the Retail Sales Outlet at least 50% of the outlet's business hours each day. When not present at the outlet, the Individual Responsible for Sales shall be readily available, day or night, by telephone or other reliable means of communication. The Individual Responsible for sales may be absent from the Retail Sales Outlet for up to 48 consecutive hours twice during the period of time the Retail Permit is valid. The two 48-hour time periods shall not be consecutive. The Individual Responsible for sales, when not at the Retail Site, shall be available through their 24-hour contact number listed on their Permit Application.

(3) Any time the Individual Responsible for Sales is not present at the Retail Sales Outlet during the business hours of the outlet, at least one Individual, 18 years of age or older, shall be present at the outlet. Such Individual shall be an Employee or Volunteer of the Retail Permit holder's volunteer non-profit organization. Such Individual shall be directly responsible for, and in charge of, the Retail Sales Outlet and shall be present in the Retail Sales Outlet at all times.

(4) The Individual Responsible for Sales shall be:

(a) The Retail Permit holder listed on the Retail Permit; or

(b) An Employee of the Retail Permit holder; or

(c) If the Retail Permit holder is a volunteer, non-profit organization, an Individual who is a member of the Retail permit holder's volunteer non-profit organization.

(5) The Individual Responsible for Sales shall be responsible for only the Retail Sales Outlet listed on the Retail Permit.

(6) The Retail Site may be changed if:

(a) The new Retail Site is located in the same fire jurisdiction as the Retail Site listed in the Retail Permit;

(b) The Local Fire Authority approves the new Retail Site and indicates that approval in writing; and

(c) The Office of State Fire Marshal is notified of the change at least 24 hours prior to the commencement of retail sales.

(7) Retail Fireworks shall be sold only at a Retail Sales Outlet for which a Retail Permit has been issued.

(8) Retail Fireworks shall not be sold or otherwise provided from an establishment or business that serves alcoholic beverages, single or multi-family residences, an Internet site, or automobiles.

(9) All Retail Sales Outlets shall comply with all applicable federal, state and local laws, rules and regulations pertaining to Fireworks including:

(a) ORS 480.110 through 480.165;

(b) OAR chapter 837, division 12;

(c) Oregon Structural Specialty Code, 2004 Edition; and

(d) Oregon Fire Code, 2004 Edition.

(10) All Retail Fireworks not sold during the time the Retail Permit is valid, shall be returned to the supplying Wholesaler no later than July 31 of the year in which the permit is valid.

(11) At all times during the business hours of the Retail Sales Outlet, no Exits shall be locked or blocked and all exits shall be passable.

(12) No Fireworks shall be discharged within 100 feet of any Retail Sales Outlet.

(13) The Retail Permit holder, Individual Responsible for Sales, and any Employees or Volunteers of the Retail Permit holder shall ensure that all Retail Fireworks sold or otherwise provided, possessed, transported, stored or offered for sale comply with ORS 480.110 through 480.165 and these rules.

(14) The type of Retail Sales Outlet (Tent, Stand, Canopy or trailer) to be utilized shall be described on the Permit Application, including its outside dimensions. The dimensions of the Retail Sales Outlet listed on the Permit Application shall not increase, but they may decrease, after the Permit Application is submitted to the Office of State Fire Marshal.

(15) Retail Permit holders may store their Retail Fireworks from June 1 through July 31 of the year in which their Retail Permit is valid. The Local Fire Authority shall approve the storage and the storage location of the Retail Fireworks and indicate that approval by signing the Permit Application.

(16) Retail Fireworks shall be stored:

(a) In compliance with the Oregon Structural Specialty Code, 2004 Edition; or

(b) In an explosives magazine pursuant to NFPA 495, 2001 Edition.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 2-2003, f. & cert. ef. 2-10-03; OSFM 3-2004, f. & cert. ef. 1-14-04; OSFM 3-2005, f. & cert. ef. 2-15-05

837-012-0650

Outdoor Sales

(1) The location of an outdoor Retail Sales Outlet shall not present a significant risk of fire or injury to those Individuals conducting sales of Retail Fireworks, Individual Members of the General Public, and any surrounding property.

(2) Every outdoor Retail Sales Outlet shall maintain at least one Exit opening, or outward swinging Exit door, for each 1,000 square feet of area covered or each 20 feet of structure length. The Exit opening shall be at least two feet wide and five feet high or as required by the Local Fire Authority.

(3) Trailers shall have their wheels blocked or removed, or the tongue locked. Trailers shall be disconnected from any power source which can potentially move the trailer any distance. Any fuel tanks or other ignition sources, including those for propane, shall be removed and placed a minimum of 20 feet from the trailer. Individual Members of the General Public shall not have access to the interior of the trailer.

(4) Tent and Canopy fabrics and any materials used on the floor of the Tent or Canopy, such as sawdust, shall be treated to be fire retardant.

(5) Tents having three or more enclosing sides shall comply with the requirements for both Indoor Sales and Outdoor Sales.

(6) Fire extinguishers shall be provided at each outdoor Retail Sales Outlet. At a minimum, at least one 2A rated water type extinguisher, or an equivalent water type extinguishing system as approved by the Local Fire Authority shall be placed at each Retail Sales Outlet.

(7) All electrical wiring, lighting and other electrical fixtures and installations shall be in accordance with the Oregon Electrical Specialty Code, 2005 Edition and any other applicable state or local requirements.

(8) Outdoor Retail Sales Outlets that operate at night shall erect and maintain sufficient light fixtures to enable customers and those Individuals selling Retail Fireworks to see all areas of the outlet. Standard electrical installations, battery powered lanterns, street or parking lot lighting or nearby Building interior and exterior lighting may be used for this purpose.

(9) Outdoor Retail Sales Outlets shall be located:

(a) At least 50 feet from any dispensary of flammable liquids or gases;

(b) At least 15 feet, or as otherwise specified by the Local Fire Authority, from any street or public right-of-way;

(c) At least 10 feet from any combustible structures;

(d) At least 10 feet from any entrances to, or Exits and openings from, any surrounding Buildings or structures; and

(e) At least 20 feet from exposed heating elements or any other such sources of ignition including fuel-powered electrical generators.

(10) A Stand including any vertical extensions shall not be more than one story in height unless it has sufficient size, weight or tie-downs to prevent toppling in the wind.

(11) "No Smoking" signs shall be posted on the outside of all enclosing sides of an outdoor Retail Sales Outlet. The signs shall be visible to all Individuals located at the Retail Sales Outlet. Sign lettering shall be red and at least 2-1/2 inches high on a white background.

(12) Smoking, open flames, and other such ignition sources or the use of Fireworks are prohibited within 100 feet of the Retail Sales Outlet.

(13) All fuel used to power electrical generators shall be stored in containers listed and approved by Underwriter's Laboratories.

(14) Heaters having exposed electrical elements or open flames shall not be used at any Outdoor Retail Sales Outlet.

(15) Outdoor Retail Sales Outlets, and parking for customers of the Retail Sales Outlet, shall not impede or endanger the normal flow of traffic on public streets or highways, or parking lots.

(16) The Retail Permit holder, Individual Responsible for Sales and/or any Employees or Volunteers of the Retail Permit holder shall be responsible for maintaining the grounds within 20 feet of the Retail Sales Outlet in a clean and orderly manner.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 3-2005, f. & cert. ef. 2-15-05; OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05

837-012-0655

Indoor Sales

(1) The location of an indoor Retail Sales Outlet shall not present a significant risk of fire or injury to those Individuals conducting sales of Retail Fireworks, Individual Members of the General Public, and any surrounding property.

(2) A specific area inside the Building shall be designated and maintained as the Sales Display area.

(3) The location of the Sales Display area shall not hinder or block any Exit, including, if applicable, a required checkstand Exit.

(4) The Individual Responsible for Sales shall regularly monitor and oversee Retail Operations at the Retail Sales Outlet to ensure the Sales Display and/or storage area(s) are orderly and maintained in accordance with these rules.

(5) Retail Fireworks, in excess of those needed for the Sales Display, may be stored inside the Retail Sales Outlet only if they are separated from all Sales Display areas, Exits, flammable and highly combustible materials and public access areas to the Building, in accordance with Local Fire Authority requirements and these rules. This subsection does not apply to Tents or canopies.

(6) Fire extinguishers shall be placed throughout the indoor Retail Sales Outlet in the quantities and locations required by NFPA 10, 1998 Edition and any applicable local ordinances and rules. At a minimum, at least one 2A rated water type fire extinguisher, or an equivalent water type fire extinguishing system, as approved by the Local Fire Authority shall be placed at the outlet.

(7) Smoking at an indoor Retail Sales Outlet by the Retail Permit holder, Individual Responsible for Sales or an Employee or Volunteer of the Retail Permit Holder may be the basis for suspension and/or revocation of the Retail Permit.

(8) All trash, rubbish, empty boxes and discarded Retail Fireworks wrapping or packaging shall be removed daily or more often as needed, to maintain the Sales Display and storage areas in a neat and clean manner.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05

837-012-0660

Records and Postings

(1) The Retail Permit shall be posted at the Retail Sales Outlet and shall be readily visible to all individuals approaching or entering the outlet.

(2) A copy of the Retail Permit may be posted instead of the original if the original is maintained at the Outlet and is immediately available for inspection by the Local Fire Authority and/or the Office of State Fire Marshal, upon request.

(3) A record of each shipment of Retail Fireworks received by the Retail Permit Holder shall be maintained. The record shall include the Wholesaler's name, address and wholesale permit number, the Retail Permit holder's name and permit number, and a complete list of the names and quantities of each type of Retail Firework received.

(4) All records described under subsection (3) of this rule shall be maintained by either the Retail Permit holder or the Wholesaler who supplied the Retail Fireworks. The records shall be maintained for three years from the date of the Retail Permit holder's receipt of the shipment.

(5) Upon request, the records described in subsection (3) of this rule, shall be readily available for review and inspection by the Local Fire Authority and/or representatives of the Office of State Fire Marshal. All records shall be clear, legible, and accurate.

(6) Retail Permit holders shall maintain at all times a list of Employees or Volunteers, including their names, addresses, ages, and phone numbers. Upon request, a legible copy of the list shall be provided immediately to the Office of State Fire Marshal and/or the Local Fire Authority.

(7) All Persons possessing, for 30 days or more, more than ten pounds of Retail Fireworks shall annually complete and submit the Hazardous Substance Survey pursuant to ORS 453.307 to 435.372 and OAR chapter 837, division 85. Contact the Office of State Fire Marshal for survey forms and instructions.

Stat. Auth.: ORS 476 , 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 , 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01

837-012-0665

Advertisements

(1) No person shall publish or cause to be published:

(a) Any advertisement, for distribution to Individual Members of the General Public, concerning the sale of Fireworks which have been declared unlawful by ORS 480.110 to 480.165, or these rules, for Individual Members of the General Public to purchase, use, store, transport, Sell, discharge, or possess;

(b) Any advertisement for the sale of items described in ORS 480.127 in any county, municipality or Fire Protection District that by law or ordinance has declared the sale, use, or possession of such items to be prohibited.

(2) Section (1) of this rule does not apply to advertisements placed in media when the primary distribution of that media is into areas which allow the Fireworks even though some secondary distributions of that media may occur into areas which prohibit these Fireworks.

Stat. Auth.: ORS 476 , 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 , 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 14-2000, f. & cert. ef. 12-4-00

837-012-0670

Prohibited Acts and Limitations

(1) Retail Permit holders shall not create, maintain or allow the existence of a fire hazard at any location under their control where Retail Fireworks are stored, transported, sold, or used.

(2) No Retail Permit holder shall Sell or provide by any other means including donation:

(a) Retail Fireworks to any Individual Member of the General Public under 16 years of age;

(b) Illegal Fireworks to any Individual Member of the General Public;

(c) Any Retail Fireworks that have been altered;

(d) Any Retail Fireworks not supplied and/or distributed to the Retail Permit holder by a Wholesaler who possesses a valid and current wholesale permit issued by the Office of State Fire Marshal pursuant to OAR 837-012-0635(1) through (3).

(3) No Person who has been convicted of a violation of ORS 480.110 through 480.165 or OAR chapter 837, division 12, or who has had any Fireworks permit or operator certificate suspended, denied or revoked, shall participate in any manner in the storage, distribution, transportation or sale of Retail Fireworks for a period not to exceed three years.

(4) Retail Permit holders shall not Sell, provide, keep, or offer for sale, expose for sale, possess, use, explode or have exploded any Retail Firework that has not been approved, certified or listed for transport by the United States Department of Transportation and/or the United State Consumer Product Safety Commission, or does not have a United States Bureau of Explosives Temporary Transfer Permit.

(5) No Retail Sales Outlet shall be erected prior to the issuance of a Retail Permit for that Retail Sales Outlet location.

(6) No Person shall Sell, transfer or otherwise provide Retail Fireworks to Individual Members of the General Public without first obtaining a Retail Permit.

(7) A Retail Permit holder shall not employ or have direct business ties with any Person whose Wholesale or Retail Fireworks Permit or operator certificate is revoked or suspended.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 3-2005, f. & cert. ef. 2-15-05; OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05

837-012-0675

Civil and Criminal Enforcement Actions

(1) The Office of State Fire Marshal, Local Fire Authority or law enforcement officials may confiscate, remove or have removed any Retail Fireworks offered for sale, sold, provided, transported, purchased or otherwise obtained, stored, used, discharged or possessed in violation of ORS 480.110 through 480.165 or these rules.

(2) The Retail Permit holder, or Person responsible for the violation(s), shall be responsible for payment of the agency's costs in confiscating or removing any Retail Fireworks pursuant to subsection (1) of this rule.

(3) Upon finding a violation, the Office of State Fire Marshal may order that any confiscated Retail Fireworks be:

(a) Returned to the Wholesaler who supplied the Retail Fireworks; or

(b) Disposed of in any manner approved by the Office of State Fire Marshal, including destruction of the Retail Fireworks.

Stat. Auth.: ORS 476 , 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 , 480.165
Hist.: FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 14-2000, f. & cert. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01

Public Display of Fireworks in Oregon

837-012-0700

Purpose and Scope

(1) The purpose of OAR 837-012-0700 through 837-012-0970 is to adopt rules to implement the standards, policies and procedures for public Fireworks Displays.

(2) These rules establish application, Permit and other requirements for public Fireworks Displays, certification requirements for public Fireworks Display Operators and requirements for public Fireworks Display Assistants.

Stat. Auth.: ORS 476 , 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0710

Effective Dates

OAR 837-012-0700 through 837-012-0970 are effective upon date of filing.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0720

Definitions

For the purpose of these rules, the following definitions apply to OAR 837-012-0700 through 837-012-0970:

(1) "Aerial Fireworks" means Fireworks that function in the air.

(2) "Aerial Shell" means a cylindrical or spherical cartridge containing pyrotechnic compositions, a long fuse or Electric Match wires, and a black powder Lift Charge.

(3) "Agricultural Fireworks" Shall mean Fireworks used for the purpose of scaring away or repelling birds or animals pursuant to ORS 480.122 or controlling predatory animals pursuant to 480.124.

(4) "Approved Applicant" means any Individual that meets the requirements of OAR chapter 837, division 12.

(5) "Assistant" means an Individual as set forth by OAR 837-012-0780 who works under the direction of an Operator to put on a Fireworks Display.

(6) "Barge" means a floating vessel or a floating platform.

(7) "Barrage" means a rapid-fire sequence of Aerial Fireworks. Mortars are loaded prior to the Display and the Aerial Shells are chain fused to fire in rapid sequence.

(8) "Black Match" means fuse made from string impregnated with black powder and used for igniting Fireworks devices.

(9) "Break" means an individual burst from an Aerial Shell, generally either producing a visual effect (stars) or noise (Salute). Aerial Shells can be either single-Break (having only one burst) or multi-Break (having two or more bursts).

(10) "Burst" means Break.

(11) "Burst Charge" means the composition in an Aerial Shell that, when ignited by the time fuse, ruptures the shell casing, ignites the shell contents and disperses the shell contents into the sky.

(12) "Cake Device" means Multi-shot Device.

(13) "Chain Fusing" means a series of two or more Aerial Shells used to fire in sequence from a single ignition. Finales and Barrages typically are Chain Fused.

(14) "Comet" means a firework consisting of a large pellet of pyrotechnic composition that is ignited and propelled from a Mortar tube by a black powder charge.

(15) "Designated Agent" means the Individual designated by the Permit Holder to pick up the Fireworks authorized by the Permit from an Oregon licensed Wholesaler when the Permit Holder is unable to pick up the Fireworks. The Designated Agent Shall have the Permit authorized by the State Fire Marshal in their possession at the time the Fireworks are picked up from the Wholesaler.

(16) "Discharge Site" means the area immediately surrounding the area where Fireworks are ignited for an outdoor Display.

(17) "Display" means an outdoor General or Limited Fireworks Display or an indoor or outdoor Fireworks Display using Special Effects Fireworks.

(18) "Display Fireworks" Shall mean Fireworks that are authorized under a General, Limited, or Special Effects Display Permit issued pursuant to ORS 480.130, 480.140 and 480.150.

(19) "Display Permit Application" Shall mean the form(s) and accompanying documentation required to be completed and submitted to the Office of State Fire Marshal for approval prior to the issuance of a Limited, General, or Special Effects Display Permit.

(20) "Display Site" Shall mean the immediate area where a Fireworks Display is conducted and Shall include the Discharge Site, the Fallout Area, and the required separation distance from Fireworks Discharge Site to spectator viewing areas. The Display Site does not include spectator viewing areas or vehicle parking areas.

(21) "Dud" A Firework that leaves the mortar and returns to earth without producing the intended Break or effect.

(22) "Electric Match" means a device consisting of wires terminating at a relatively high resistance element surrounded with a small quantity of heat-sensitive Fireworks composition. When a sufficient electric current is passed through the wire circuit, the heat that is generated ignites the Fireworks composition, producing a small burst of flame.

(23) "Electrical Firing Unit" means the source of electrical current used to ignite Electric Matches. Generally, the firing unit will have switches to control the firing order and Shall have test circuits and warning indicator, etc.

(24) "Electrical Ignition" means a technique used to discharge Fireworks in which an Electric Match and source of electric current are used to ignite fuses or Lift Charges.

(25) "Exempt Fireworks" Shall mean Novelties and Trick Noisemakers.

(26) "Fall-Out Area" means the area over which Aerial Shells are fired. The shells burst over this area, and unsafe debris and malfunctioning Aerial Shells fall into this area. The Fall-Out Area is the location where a typical Aerial Shell dud will fall to the ground considering wind and the angle of Mortar placement. At a minimum, the Fall Out Area Shall be the required separation distance based on table of distances listed OAR 837-012-0840.

(27) "Finale" means a rapid-fire sequence (Barrage) of Aerial Fireworks, typically fired at the end of a Display. The Mortars are loaded prior to the Display, and the Aerial Shells are Chain Fused to fire in rapid sequence.

(28) "Fireworks" Shall have the meaning provided in ORS 480.110(1). The term includes Retail Fireworks, Public Display Fireworks, Special Effects Fireworks, and Agricultural Fireworks. The term does not include Exempt Fireworks.

(29) "Fireworks Detonation" means the entire contents of the Aerial Shell and the life charge are consumed in one simultaneous explosion at or near the bottom of the Mortar.

(30) "Flash Powder" means explosive composition intended for use in firecrackers and Salutes. Flash Powder produces an audible report and a flash of light when ignited. Typical Flash Powder composition contains potassium chlorate or potassium percholorate, sulfur or antimony sulfide, and powdered aluminum.

(31) "Flower Pot" means an Aerial Shell that Bursts before it leaves the Mortar, projecting its contents out of the Mortar similar to a mine. The force of the Aerial Shell Bursting usually does not rupture the Mortar.

(32) "Fusee" means a highway distress flare, sometimes used to ignite Fireworks at outdoor Displays.

(33) "General Display Operator" means an Individual who has been issued a General Display Operator Certificate who meets the requirements of OAR 837-012-0700 through 837-012-0970 and is qualified to be an Operator on a General or Limited Display.

(34) "General Display Permit" means a Permit to hold an outdoor Display using 1.3g Fireworks. General Displays may also include 1.4g Fireworks or Special Effects Fireworks.

(35) "General Fireworks Display" means a Display held outdoors, utilizing 1.3g Fireworks and may include 1.4g Fireworks and Special Effects Fireworks and Shall be conducted by a General Display Operator.

(36) "General Operator Certificate" means a document issued by the Office of State Fire Marshal authorizing the holder of the certificate to be an Operator at a General Fireworks Display.

(37) "Ground Display Piece" means a Firework that functions on the ground (as opposed to an Aerial Shell that functions in the air). Typical ground Fireworks Display pieces include fountains, roman candles, wheels, and "set pieces".

(38) "Individual" Shall mean a single human being.

(39) "Individual Member of the General Public" means any Person who has not been issued a Wholesale Permit, a Display Permit, a Retail Permit or an Agricultural Permit by the Office of State Fire Marshal.

(40) "Instructor" Shall mean the Individual1 who delivers the training required under OAR 837-012-0780.

(41) "Lance" means a thin cardboard tube packed with a color producing pyrotechnic composition and used to construct Ground Display Pieces.

(42) "Law Enforcement Authority" means any law enforcement official having jurisdiction over the public Fireworks Display Site.

(43) "Lead Fuse" means a Fireworks fuse made of Quick Match that transfers fire from an ignition source to the Lift Charge of an Aerial Shell or other Fireworks.

(44) "Lift Charge" means composition in an Aerial Shell that propels the Aerial Shell into the air when ignited.

(45) "Limited Fireworks Display" means a Display held outdoors limited to 1.4G Fireworks. Fireworks authorized by the Limited Permit are subject to limitation by the Local Fire Authority and/or the Office of State Fire Marshal.

(46) "Limited Display Operator" means an Individual who has been issued a Limited Display Operator Certificate who meets the requirements of OAR 837-012-0700 through 837-012-0970 and is qualified to be an Operator on a Limited Display.

(47) "Limited Display Permit" means a Permit to hold a Display using 1.4g Fireworks.

(48) "Limited Operator Certificate" means a document issued by the Office of State Fire Marshal authorizing the holder of the certificate to be an Operator at a Limited Fireworks Display.

(49) "Local Fire Authority" Shall mean the local fire official having jurisdiction over the Display Site and/or the site where Fireworks may be stored prior to the date and time of the Display.

(50) "Low Break" means an Aerial Shell that functions significantly lower than its prescribed height.

(51) "Manual Firing" means using a handheld ignition source such as a Fusee or Portfire to ignite Fireworks.

(52) "Mine" means a device designed to project stars and other effects, such as whistles and firecrackers into the air from a Mortar charged by black powder that ignites the contents of the Mine.

(53) "Misfire" means a Firework fails to function after an ignition source is applied to the ignition point.

(54) "Monitor" means an Individual designated by the Sponsors of the Display to keep the audience in the intended viewing area and out of the Display Site, Discharge Site and Fallout Area.

(55) "Mortar" Shall mean a tube from which Aerial Shells are fired into the air.

(56) "Mortar Rack" means a frame containing Mortars and are most often used for Barrages and Finales and in electrically ignited General Fireworks Displays.

(57) "Mortar Trough" means an aboveground structure filled with sand or similar materials in which Mortars are positioned for use in General Fireworks Displays.

(58) "Multi-break Shell" means a cylindrical Aerial Shell with more than one main compartment connected with internal fusing and performs with successive breaks. An Aerial Shell with more than one distinctive type of effect contained within one main compartment is not a Multi-break Shell.

(59) "Multi-Shot Device" means a Firework consisting of more than one tube each containing a Firework item. It is ignited once with each of its tubes chain fused together to fire in succession until all tubes have been fired.

(60) "Muzzle Break" means an Aerial Shell that Bursts immediately as it leaves the Mortar.

(61) "Operator" means the Individual qualified as set forth in OAR 837-012-0780 to conduct the Display.

(62) "Operator Certificate Application" Shall mean the form(s) and accompanying documentation required to be completed and submitted to the Office of State Fire Marshal for approval prior to the issuance of a Limited Operator Certificate or a General Operator Certificate.

(63) "Peanut Shell" means two or more Aerial Shells in a common wrapper propelled by the same lift charge with separate external time fuses.

(64) "Permit" means the official written document issued by the Office of State Fire Marshal authorizing a Display allowing the Permit Holder to purchase Fireworks for the Display as detailed on the Permit when otherwise in conformance with OAR chapter 837 division 12.

(65) "Permit Holder" means the Person as listed on the Display Permit as the Person to whom the Permit is issued.

(66) "Person" means one or more Individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group or Persons and includes the state, state agencies, counties, municipal corporations, school districts and other public corporations.

(67) "Portfire" means a tube containing slow burning pyrotechnic composition sometimes used to ignite Fireworks at a Limited or General Fireworks Display.

(68) "Quick Match" means a Black Match encased in a loose fitting sheath and is used in fuses for Aerial Shells and for simultaneous ignition of Fireworks such as Lances in a Ground Display Piece.

(69) "Ready Box" means a container used for the storage of Fireworks at a Fireworks Discharge Site.

(70) "Retail Fireworks" Shall mean those items described in ORS 480.127(4), specifically Combination Items, Cone Fountains, Cylindrical Fountains, Flitter Sparklers, Ground Spinners, Illuminating Torches, and Wheels. The term does include a Firework designed with the means to roll or move while remaining on the ground, that travels 12' or less horizontally on smooth surfaces.

(71) "Roman Candle" means a cardboard tube containing Firework stars which, when lit, are expelled into the air at timed intervals.

(72) "Safety Cap" means a paper tube, closed at one end, that is place over the end of a Fireworks fuse to protect the fuse from damage or accidental ignition.

(73) "Salute" means a special Firework that is designed to produce a loud report.

(74) "Set Piece" means a Ground Display Piece usually consisting of land and Quick Match arranged on a frame.

(75) "Sell" Shall mean to transfer possession of property from one Person to another Person for consideration.

(76) "Shall" means that the rule establishes a mandatory requirement.

(77) "Special Effects Display" Shall mean a Display held either indoors or outdoors limited to Special Effects Fireworks authorized by the Special Effects Permit.

(78) "Special Effects Fireworks" Shall mean any effect created by utilizing flammable, combustible or explosive composition or substance, or any combination of such compositions or substances, or any articles including Fireworks, explosives, or smoke which are prepared for the purpose of providing a visible or audible effect by combustion, explosion, deflagration or detonation, and/or fire and are primarily designed or discharged in connection with performances, events, gatherings, television, radio, theater, motion picture productions, or similar venues which may or may not be presented before live audiences.

(79) "Special Effects Permit" Shall mean a Permit to hold a Display using Special Effects Fireworks.

(80) "Sponsor" means the Person that has applied for and been issued a Display Permit.

(81) "Sticky Match" means the trademarked name for a type of match that uses a continuous black powder trail inside a wrapper that is prepared with exposed adhesive along its length. The adhesive is used to attach Sticky Match to Fireworks devices.

(82) "Supervision" means Displays Shall be under the Supervision of the Law Enforcement Authority, Local Fire Authority, and/or the Office of State Fire Marshal.

(83) "Training Course" Shall mean the course that is required under OAR 837-012-0780.

(84) "Wholesaler" Shall mean any Person who Sells or provides by any other means, or intends to Sell or provide by any other means, Fireworks, Retail Fireworks, Display Fireworks, or Agricultural Fireworks.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03; OSFM 3-2004, f. & cert. ef. 1-14-04

837-012-0730

General

(1) The location of the Display Site, the Operator or Assistant for a Display, the date or time of the Display, or the quantity of Fireworks to be discharged at the Display, may be changed if:

(a) For the location of the Display Site only, the proposed new Display Site is located in the same fire jurisdiction as the Display Site listed on the Display Permit;

(b) For the Operators only, the Individual to replace the Operator listed on the Display Permit possesses a current and valid Operator Certificate.

(c) The Local Fire Authority having jurisdiction over the Display Site and the Office of State Fire Marshal approve the change prior to the beginning of the Display as listed on the Display Permit; and

(d) The change is documented in the after-show report pursuant to OAR 837-012-0970.

(2) All Displays, all participants in a Display, including but not limited to, the Monitors, Sponsor(s), Wholesaler(s), Operator and Assistant(s) Shall comply with the following:

(a) ORS 480.110 through 480.165.

(b) All applicable requirements of OAR chapter 837, division 12;

(c) Any other applicable federal, state or local, law, rule or regulation pertaining to Fireworks.

(3) Display Permit Holders or Operator Certificate Holders desiring to engage in other types of Fireworks activities, including wholesale or retail sales or agricultural use, must meet all applicable requirements in ORS 480.110 to 480.165 and OAR chapter 837, division 12, including those requiring Permits to be obtained from local, state, and/or federal authorities.

(4) Public Display Permit Holders Shall purchase Fireworks only from Wholesalers having the necessary and current Permits required by ORS 480.110 to 480.165 and OAR 837-012-0500 through 837-012-0570.

(5) Issuance of a public Display Permit does not constitute an endorsement of the Fireworks purchased or sold.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0740

Display Permit Applications

(1) Any Person intending to have, put on, or Sponsor a Display Shall apply for and obtain a Display Permit from the Office of State Fire Marshal.

(2) A separate Display Permit Shall be applied for and obtained for each Display that may be conducted in Oregon.

(3) Each Display Permit Shall be for a specific date and time of day. Permits Shall not be continuous throughout the date of Display.

(4) The Application for Display Permit Shall be made on a form provided by the Office of State Fire Marshal.

(5) The Display Permit Application may be completed by the Sponsor, Wholesaler, Operator or Assistant for the intended Display as listed on the Application.

(6) All information provided by the applicant on the Display Permit Application Shall be true and correct to the applicant's knowledge.

(7) In addition to completion of the Application, applicants Shall submit:

(a) A diagram of the Display Site in accordance with subsection (9) of this rule;

(8) As part of the Display Permit Application process, applicants Shall apply for and obtain, in writing when available;

(a) All required state and/or local licenses, Permits and/or approvals; and

(b) Liability insurance, if required pursuant to ORS 480.150(1).

(9) The diagram of the Display Site, required pursuant to subsection (7) of this rule, Shall include without limitation, the following:

(a) The location and size of the Discharge Site. All the other distances required by the subsection below Shall be measured from the outside perimeter of the Discharge Site;

(b) The location of the Fallout Area;

(c) The location of all buildings, structures, highways, streets or other means of travel in and within 100 feet of the Discharge Site and Fallout Area;

(d) The location of the spectator viewing area(s) and their distance from the Discharge Site and Fallout Area; and

(e) The location of all trees, power lines of any type and any other overhead obstructions 25 feet or higher in and within 100 feet of the Discharge Site and Fallout Area.

(10) Applicants Shall submit their completed Display Permit Application to the Local Fire Authority and Law Enforcement Authority for review and signature approving, but not limited to, the proposed Display Site, Discharge Site, spectator viewing areas, parking areas and Fallout Areas, prior to submission of the Display Permit Application to the Office of State Fire Marshal.

(11) The Local Fire Authority and the Law Enforcement Authority Shall not sign a Display Permit Application if, but not limited to, the Display Site, Discharge Site, spectator viewing areas, parking areas or Fallout Areas or the Display Permit Application does not comply with ORS 480.110 - 480.165, OAR 837 division 12 or any other applicable federal, state or local laws, rules or regulations pertaining to Fireworks.

(12) Display Permit Applications Shall be postmarked by a United States Postmark or received at the Salem Office of State Fire Marshal a minimum of 15 days prior to the date of the proposed Display.

(13) Display Permit Applications postmarked or received after the deadline set forth under subsection (12) of this rule may be returned unprocessed.

(14) A Permit is not transferable from the Permit Holder to another Permit Holder or Person.

(15) Another Person or Permit Holder cannot perform any acts allowed by the Display Permit unless that Person is listed on the Display Permit and/or is a Designated Agent for the Permit Holder.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0750

Display Permit Application Fees

(1) Display Permit Application fees shall be paid at, or mailed to, the Office of State Fire Marshal and shall accompany the Display Permit Application.

(2) Payment shall be made by personal check, business check, cashier's check or money order made payable to the Office of State Fire Marshal. If the fee is paid by either personal or business check, the Office of State Fire Marshal shall not take any action on the Display Permit Application until the check has cleared the bank.

(3) The Display Permit Application fee for a Display Permit is $100.

(4) Display Permit Application fees are non-refundable and non-transferable.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 2-2005, f. & cert. ef. 2-15-05; OSFM 13-2005(Temp), f. & cert. ef. 8-16-05 thru 2-11-06; OSFM 3-2006(Temp), f. & cert. ef. 2-13-06 thru 3-10-06; OSFM 6-2006, f. & cert. ef. 3-10-06; OSFM 9-2008(Temp), f. 11-14-08, cert. ef. 11-17-08 thru 5-8-09; OSFM 1-2009, f. 4-9-09, cert. ef. 4-10-09

837-012-0760

Issuance of Display Permits

(1) Within 15 days of receipt of a properly completed and timely submitted Display Permit Application and Display Permit Application fee, the Office of State Fire Marshal Shall either grant or deny the Application.

(2) The Office of State Fire Marshal Shall not approve a Permit Application, or issue a Display Permit, without the prior approval of the Local Fire Authority and Law Enforcement Authority.

(3) The Office of State Fire Marshal Shall assign a unique number to each Display Permit issued.

(4) Only one Display Permit Shall be issued for a Display Site for a particular date and time. Multiple Permits may be issued for the same Display Site and the same day, but not for the same time.

(5) The Office of State Fire Marshal Shall mail the original Display Permit to the Individual who completed the Display Permit Application at the mailing address the Individual completing the Display Permit Application listed on the Display Permit Application.

(6) Display Permit Holders may request a duplicate copy of their Permit by certifying to the Office of State Fire Marshal, in writing, that their Permit has been lost, stolen, or destroyed. Written requests Shall be signed and dated by the Display Permit Holder.

(7) A Display Permit is valid only for the date, time, and Display Site listed on the Permit.

(8) A Display Permit authorizes the Display Permit Holder to purchase, transport, possess and store Display Fireworks, for the purposes of holding the approved Display, when those activities are otherwise in conformance with the applicable requirements of ORS 480.110 - 480.165, OAR chapter 837, division 12 and any other federal, state or local laws, rules or regulations pertaining to Fireworks.

(9) A Display Permit authorizes a Display only:

(a) At the Display Site diagrammed on the Display Permit Application and listed on the Display Permit;

(b) On the date and time listed on the Display Permit; and

(c) Conducted by the Operator and Assistant(s) listed on the Display Permit.

(10) A Display Permit authorizes the use and discharge of only the type and quantity of Display Fireworks listed on the Display Permit.

(11) A Display Permit does not authorize the sale, purchase, possession, storage, discharge or provision by any other means of any Fireworks except as specifically stated on the Display Permit.

(12) The issuance of a Display Permit does not in any way constitute approval by the Office of State Fire Marshal of any Display Fireworks sold, purchased, possessed, stored provided or discharged pursuant to the Display Permit.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02 ; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0770

Operator Certificate Applications

(1) The application for an Operator Certificate Shall be made on a form provided by the Office of State Fire Marshal.

(2) Any Individual who intends to participate as the Operator at a General Display or Limited Display Shall first apply for and obtain an Operator Certificate issued by the Office of State Fire Marshal.

(3) All information provided by the applicant on the Operator Certificate Application Shall be true and correct to the applicant's knowledge.

(4) In addition to completion of the Application, applicants Shall submit proof of identification. Proof of identification Shall be a copy of a current and recognizable photographic identification.

(5) Completed Operator Certificate Applications Shall be postmarked by a United States Postmark, or received by the Office of State Fire Marshal at least 90 days prior to the date of the first Display at which the applicant intends to participate as the Operator.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0780

Operator and Assistant Qualifications

(1) To be eligible for a General Operator Certificate, an applicant Shall comply with the following:

(a) Shall be at least 21 years of age;

(b) Shall have participated as an Assistant in three or more General Displays in Oregon within three years of the date of application:

(A) Participation Shall mean completing the following duties: firing of the Display, installation of Mortars, installation of set pieces, loading shells, after-Display clean-up and inspection, installation of electrical firing system, and tending the magazine, which may include reloading the Mortars.

(B) At a minimum, an applicant must have installed Mortars, loaded shells, and participated in after-Display clean-up and inspection on all three Displays in Oregon.

(C) At a minimum, an applicant must have manually fired on at least one of the three Displays required for certification.

(D) The Office of State Fire Marshal may review after-show reports as proof of an applicant's requisite participation.

(c) Must have passed a written examination, administered by the Office of State Fire Marshal; and

(A) The examination Shall assess the applicant's knowledge of ORS 480.110 - 480.165 and OAR 837-012-0700 - 837-012-0970.

(B) To pass the examination, the applicant Shall answer 80% or more of the examination questions correctly.

(d) Shall have attended and completed one training course, approved by the Office of State Fire Marshal and administered by an instructor certified by the Office of State Fire Marshal.

(2) To be eligible for a Limited Operator Certificate, an applicant Shall comply with the following:

(a) Must be at least 18 years of age; and

(b) Must certify that the applicant is knowledgeable of the applicable requirements of ORS 480.110 - 480.165 and OAR chapter 837, division 12.

(3) Any Individual who desires to participate in a General Display or Limited Display as an Assistant Shall comply with the following:

(a) Must be at least 18 years of age; and

(b) Must work under the direct Supervision and control of a General Operator or Limited Operator.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 2-1993(Temp), f. & cert. ef. 6-10-93; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0790

Issuance of Operator Certificate

(1) Upon receipt of a properly completed and timely submitted Operator Certificate Application, the Office of State Fire Marshal Shall either grant or deny the Application.

(2) The Office of State Fire Marshal Shall assign a unique number to each Operator Certificate issued.

(3) The Office of State Fire Marshal Shall mail the original Operator Certificate to the applicant at the mailing address listed on the Operator Certificate Application.

(4) Holders of an Operator Certificate may request a duplicate copy of the Certificate by certifying to the Office of State Fire Marshal, in writing, that their Operator Certificate has been lost, stolen or destroyed. Written requests Shall be signed and dated by the holder of the Operator Certificate.

(5) An Operator Certificate allows the holder of the Certificate to possess, store, use and discharge Display Fireworks for purposes of a Display when those activities are otherwise in conformance with the applicable requirements of ORS 480.110 - 480.165, OAR chapter 837, division 12 and any other applicable federal, state or local laws, rules or regulations pertaining to Fireworks.

(6) A General Operator Certificate authorizes the holder of the Certificate to participate as the Operator at either a General Display or a Limited Display.

(7) A Limited Operator Certificate authorizes the holder of the Certificate to participate as the Operator only at a Limited Display.

(8) Only the holder of the Operator Certificate may engage in the activities authorized by the Certificate.

(9) An Operator Certificate does not authorize:

(a) The sale or provision of Fireworks; or

(b) The purchase, transportation, possession or storage of Fireworks.

(10) An Operator Certificate, and the rights conveyed by the Certificate, is not transferable.

(11) An Operator Certificate is valid for three years from the date of issue unless revoked or suspended.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 2-1993(Temp), f. & cert. ef. 6-10-93; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0800

Renewal of Operator Certificate

(1) An Operator Certificate must be renewed every three years.

(2) The holder of a General Operator Certificate is not required to re-take the examination required under OAR 837-012-0780(1)(c) unless the current certificate expires. General Operators whose certificate expires are required to retake the qualifying examination.

(3) Applications for renewal of an Operator Certificate Shall be received by the Office of State Fire Marshal at least 90 days prior to the expiration date of their current Certificate.

(4) All other requirements for the issuance of a renewal Operator Certificate Shall be the same as for the issuance of the original Certificate.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 2-1993(Temp), f. & cert. ef. 6-10-93; FM 6-1993, f. & cert. ef. 12-10-93; FM 1-1995, f. 8-14-95, cert. ef. 8-15-95; FM 1-1996, f. & cert. ef. 1-18-96; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0810

Training Course Instructor

(1) Individuals who intend to provide the training course required under OAR 837-012-0780 Shall work under the direction and control of an Oregon permitted wholesaler who supplies 1.3g Fireworks.

(2) At a minimum, Instructors Shall meet the following requirements:

(a) Be currently certified as a General Display Operator under OAR 837-012-0790; and

(b) Has been a General Display Operator consecutively for six years prior to the date of training. If the Instructor has not been consecutively certified for six years prior to the date of training, then the Instructor must be approved by the Office of State Fire Marshal prior to providing the General Operator certification training or the training Shall not be accepted by the Office of State Fire Marshal for General Operator certification.

Stat. Auth.: ORS 480.150

Stats. Implemented: ORS 480.110 - 480.165

Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 2-1993(Temp), f. & cert. ef. 6-10-93; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02 ; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0820

Pyrotechnician Training Course Requirements

(1) The training course required by OAR 837-012-0780(1)(d) Shall be developed by the Office of State Fire Marshal.

(2) All Individuals providing Operator Certification training required under OAR 837-012-0780 Shall provide at a minimum the training course developed by the Office of State Fire Marshal.

(3) Any training course not developed by the Office of State Fire Marshal Shall not comply with OAR 837-012-0780(1)(d).

(4) The Office of State Fire Marshal may update the training course annually to assure it is consistent and current with federal and state laws, rules and regulations pertaining to Fireworks Displays.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 2-1993(Temp), f. & cert. ef. 6-10-93; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0830

Denial, Suspension and/or Revocation of Display Permit or General or Limited Operator Certificate

(1) The State Fire Marshal may deny, revoke or suspend a Display Permit or General or Limited Operator Certificate when a Person listed on the Display Permit or Operator Certificate fails to comply with ORS 480.110 through 480.165, OAR chapter 837, division 12 or any other applicable federal, state or local law, rule or regulation pertaining to Fireworks.

(2) Any such denial, revocation, or suspension Shall be in conformance with ORS 183.310 to 183.550.

(a) A Person named on the Permit Application fails to comply with applicable federal, state, or local laws, rules, ordinances or regulations pertaining to the manufacture, sale, use, discharge, transportation, storage or possession of Fireworks; or

(b) The Office of State Fire Marshal is presented with evidence and a recommendation to deny, suspend and/or revoke an Application, or Permit by fire or law enforcement authority. The evidence Shall support the conclusion that the Sponsor, Permit Holder, or applicant has violated applicable rules and/or statutes; or

(c) The Permit Holder knowingly hires, employs, utilizes, etc., someone who has had a Wholesale, Retail or Display Permit has been revoked, denied or suspended within the last three years; or

(d) There has been a failure to obtain and maintain necessary local or state on-site inspections, approvals, proof of liability insurance and other required permits; or

(e) Sells, donates or otherwise provides Fireworks to any Person; or

(f) A Permit, or permit number that has expired, or that does not exist, or which has not been issued, is used to support the purchase, use, discharge, transportation, storage, possession or sale of Fireworks; or

(g) The applicant submitted a fraudulent Permit Application; or

(h) Any other violation of the Fireworks statutes or rules.

(3) The period of denial, revocation and/or suspension Shall not exceed three years. In determining the appropriate sanction, the Office of State Fire Marshal Shall consider the following criteria:

(a) The severity of the violations(s) and/or its impact on public safety, particularly whether the circumstances of the violations(s) presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations alleged to have been committed in the current transaction, event or occurrence;

(c) Whether the violation(s) was willful or intentional;

(d) The prior history of sanctions imposed by the Office of State Fire Marshal against the holder of, or applicant for, a Display Permit or Operator Certificate; and

(e) Other circumstances determined by the Office of State Fire Marshal to be applicable to the particular violation(s).

(4) Suspension or revocation of a Display Permit or Operator Certificate may include suspension or revocation of the current Permit or Certificate and the right to apply for a subsequent Permit or Certificate.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110-ORS 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03; OSFM 3-2004, f. & cert. ef. 1-14-04

837-012-0835

Purchase, Transportation and Storage of Display Fireworks

(1) General and Limited Display Permit Holders Shall purchase or otherwise obtain Display Fireworks only from Wholesalers who possess a current and valid wholesale Permit issued by the Office of State Fire Marshal.

(2) General and Limited Display Permit Holders Shall purchase or otherwise obtain Display Fireworks only from the Wholesaler listed on the Display Permit.

(3) If the Wholesaler who supplies the Display Fireworks is different from the Wholesaler listed on the Display Permit, the Display Permit Holder Shall notify, in writing, the Office of State Fire Marshal and the Local Fire Authority of the change at least 24 hours prior to purchasing the Display Fireworks from the Wholesaler.

(4) The Designated Agent may pick up Fireworks from the Wholesaler and deliver only to the storage site listed on the Display Permit or directly to the Display Site as listed on the Permit.

(5) The Permit Holder, or their Designated Agent, Shall possess the Display Permit at the time the Display Fireworks are picked up from or delivered by the Wholesaler.

(6) The Permit Holder, or their Designated Agent, Shall transport the Display Fireworks only to the:

(a) Storage site approved by the Local Fire Authority and the Office of State Fire Marshal and listed on the Display Permit; or

(b) The Display Site listed on the Display Permit.

(7) The Permit Holder or their Designated Agent, Shall comply with all applicable federal, state and local laws, rules and regulations pertaining to the transportation of Fireworks.

(8) Prior to acceptance of Display Fireworks from a Wholesaler, the Permit Holder, or their Designated Agent, Shall confirm that the outside of all Cartons, Containers or Cases or Display Fireworks, and any accompanying documentation, are affixed with the full Permit Holder name and Display Permit number of the Display Permit corresponding to the Permit Holder authorizing the Display Fireworks being received and the Wholesaler Name and their Oregon Wholesale Permit number of the Oregon Wholesaler who supplied the Display Fireworks.

(9) Display Permit Holders, or their Designated Agent, Shall not accept any Cartons, Containers or Cases of Display Fireworks or accompanying documentation that do not show the required information pursuant to subsections (8) of this rule. If the required Permit Holder name and Display Permit number is not on the outside of all Cartons, Containers or Cases of Display Fireworks, and any accompanying documentation, the Permit Holder Shall refuse to accept the Display Fireworks.

(10) Permit Holder name and Display Permit number and the Wholesaler name and Permit number Shall be maintained on any Carton, Container or Case containing Display Fireworks authorized by a Display Permit.

(11) The storage of Display Fireworks Shall comply with the following:

(a) OAR chapter 837, division 12;

(b) Oregon Uniform Fire Code, 1998 Edition;

(c) Oregon Specialty Code, 1998 Editions;

(d) NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks 1998 Edition; and

(e) United States Department of Transportation laws and regulations. See also CFR Title 17, Part 18, Subparts J and JJ.

(12) The transportation of Display Fireworks Shall comply with the following:

(a) ORS 480.110 through 480.165;

(b) OAR chapter 837, division 12;

(c) NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks 1998 Edition; and

(d) United States Department of Transportation laws and regulations. See also CFR Title 17, Part 18, Subparts J and JJ.

(13) Fireworks may be delivered to the Display Site up to a maximum of 72 hours prior to the date and time of the permitted Display. Security at the Display Site will be continuous until the date and time of the Display. Fireworks may be delivered to the Display Site up 72 hours prior only after a security plan has been submitted to and approved by the Local Fire Authority.

(14) Special consideration may be given for increasing the 72 hours maximum as allowed in 837-012-0835(13) for exceptionally large displays. Approval Shall be granted prior to arriving at the Display Site and Shall be approved by both the Office of State Fire Marshal and the Local Fire Authority.

(15) All Fireworks at the Display Site Shall meet the requirements of NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks 1998 Edition.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476.030 , 480-150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0840

Selection of Display Site and Set Up

(1) Prior to the Display, the areas selected for the Discharge Site, Fallout Area, spectator viewing and parking Shall be inspected and approved by the Local Fire Authority and Law Enforcement Authority.

(2) The purpose of this rule is to provide guidance for clearances upon which the Local Fire Authority and Law Enforcement Authority Shall base their approval of the Display Site.

(3) The required minimum separation distance between the Discharge Site and any spectators, vehicles or readily combustible materials is set forth in Table 1. This distance is determined by the largest size Aerial Shell to be discharged at the intended Display. At a minimum, the Fallout Area for a Display Shall be the required minimum separation distance set forth in Table 1.

(a) Where added safety precautions have been taken, or particularly favorable conditions exist, the Local Fire Authority may decrease the required separation distance pursuant to Table 1. In no case may the required separation distance be less than 70' per inch of Aerial Shell diameter. Final approval of the decrease in distance Shall be the responsibility of the Office of State Fire Marshal.

(b) When unusual or safety threatening conditions exist, the Local Fire Authority Shall increase the required separation distance pursuant to Table 1 as necessary to provide adequate safety for the Display Site, spectators, and surrounding property.

(4) The required minimum distance from the Discharge Site to any health care, detention or correctional facility Shall be at least twice the distance set forth in Table 1.

(5) The required minimum distance from the Discharge Site to any bulk storage area of materials that pose a flammability, explosive or toxic hazard Shall be at least twice the distance set forth in Table 1.

NOTE: To determine whether materials pose these hazards, see NFPA's Fire Protection Guide to Hazardous Materials.

Table 1

Minimum Radius of Display Site for Outdoor Display of Fireworks

Shell Size -- Distance in Feet

2" -- 200

3" -- 300

4" -- 400

5" -- 500

6" -- 600

7" -- 700

8" -- 800

9" -- 900

10" -- 1000

11" -- 1100

12" -- 1200

More Than 12" -- Approval of Local Fire Authority

This Table requires a minimum separation distance of 100 feet per inch of Aerial Shell plus additional footage as may be necessitated by the Display Site.

(6) Figure 1 demonstrates some of the location requirements for a suitable Display Site where Mortars are placed vertically, such as may be the case for an electrically ignited Display: [Figure not included. See ED. NOTE.]

(7) The Discharge Site Shall be located so that the trajectory of the Aerial Shells Shall not come within 25 feet of any overhead object.

(8) Ground Display Pieces Shall be located at a minimum distance of 75 feet from spectator viewing and parking areas.

EXCEPTION: For Ground Display Pieces with greater hazard potential (such as large wheels with powerful drivers, and items employing large Salutes), and roman candles and multishot devices, the minimum separation distance Shall be increased to 140 feet minimum or 100 feet per inch of shell diameter. Example: 1.75" artillery type mortar shells Shall have a minimum separation distance of 175'.

EXCEPTION: Limited Display Permits that authorize only Retail Fireworks Shall not be subject to the 140 foot separation requirement. Separation requirements for Limited Display Permits authorizing only the use of Retail Fireworks Shall be at the discretion of the Local Fire Authority.

(9) Where Aerial Shells are to be stored at the Discharge Site for subsequent loading into Mortars during the Display, the Mortars Shall be placed at least 1/6, but not more than 1/3, the distance from the center of the Display Site toward the main spectator area. The Mortars Shall be angled such that any dud shells will fall at a point approximately equal to the offset of the Mortars from the center of the Display Site but in the opposite direction.

(10) Figure 2 demonstrates some of the location requirements for a suitable Display Site when Aerial Shells are to be stored at the Discharge Site for subsequent loading into Mortars during the Display, such as may be the case with a manually ignited Display: [Figure not included. See ED. NOTE.]

(11) Fireworks Shall not be discharged within 100 feet of any tent or canvas shelter. Unauthorized tents Shall not be located within the Display Site.

(12) Fallout Areas:

(a) The Fallout Area Shall be a large, open area;

(b) Spectators, vehicles, and/or readily combustible materials Shall not be located within the Fall Out Area during the Display.

[ED. NOTE: Figures referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0850

Construction of Fireworks Aerial Shells

(1) Shells Shall be classified and described only in terms of the inside diameter of the Mortar in which they can be safely used (e.g., three inch shells are only for use in three inch Mortars);

(2) Aerial Shells Shall be constructed so that they fit easily into the appropriate size Mortar and so that the Lift Charge and internal delay fuse are appropriate to propel the shell to a safe altitude before functioning.

(3) Shells Shall be labeled with the type of shell, the shell size and the name of the manufacturer or distributor.

(4) The label or wrapper of any type of Aerial Shell Shall be conspicuously marked with a number to indicate the shell size (the diameter of the Mortar to be used).

(5) The label or wrapper of any type of aerial Salute Shall be conspicuously marked with the word "Salute";

(6) For Aerial Shells using Quick Match fuse to ignite the Lift Charge, that fuse Shall be long enough to allow not less than six inches of fuse to protrude from the Mortar after the shell has been properly inserted.

EXCEPTION: This requirement does not apply when shells are to be fired electrically.

(7) In order to allow the Individual igniting the Aerial Shells to safely retreat, the time delay between igniting the tip of the shell's fuse and the firing of the shell Shall not be less than three seconds or more than six seconds.

EXCEPTION: For electrically ignited Displays, there is no requirement for a delay period.

(8) A Safety Cap Shall be installed over the exposed end of the fuse. The Safety Cap Shall be of a different color than that of the fuse. The Safety Cap Shall be installed in such a manner that the fuse is not damaged;

EXCEPTION: For electrically fired Displays, there is no requirement for Safety Caps except that there Shall be no exposed pyrotechnic composition.

(9) Single Break Salute shells Shall not exceed three inch in diameter or three inch in length (exclusive of the propellant charge). The maximum quantity of Salute powder in such Salutes Shall not exceed 3 ounces;

(10) Storage of Aerial Shells not in Mortars:

(a) All Fireworks Shall be stored and transported according to the requirements of prior to reaching the Display Site. (See also CFR Title 27, Part 18, Subparts J and JJ.);

(b) As soon as the Fireworks have been delivered to the Display Site, they Shall not be left unattended nor Shall they be allowed to become wet;

(c) All shells Shall be inspected upon delivery to the Display Site by the Operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet Shall be set aside and Shall not be fired. After the Display, any such shells Shall either be returned to the Wholesaler or destroyed according to the Wholesaler's instructions;

EXCEPTION: Minor repairs to fuses Shall be allowed. Also, for electrically ignited Displays, attachment of Electric Matches and other similar tasks Shall be permitted.

(d) Upon delivery to the Display Site, all shells Shall be separated according to size and as to whether they are Salutes. Until they are loaded into Mortars, shells Shall be stored in covered containers such as Ready Boxes or corrugated cartons meeting U.S. Department of Transportation requirements for the transportation of Fireworks;

(e) During performance of an outdoor Display, Ready Boxes Shall be located at a distance of not less than 25 feet upwind from the Mortar placements. If the wind should shift during a Display, the Ready Boxes Shall be located so as to be upwind from the Discharge Site.

EXCEPTIONS:

-1- When acceptable to the Local Fire Authority, alternate measures Shall be taken.

-2- When there are no shells needing storage during a Display, such as for an electrically ignited Display, there is no need for Ready Boxes.

(11) Installation of Mortars:

(a) Prior to placement Mortars Shall be carefully inspected for defects, such as dents, bent ends, damaged interiors, and damaged plugs. Mortars found to be defective Shall not be used;

(b) Mortars Shall be positioned so that shells are propelled away from spectators and over a Fallout Area. Under no circumstances Shall Mortars be angled toward the spectator viewing areas;

(c) Mortars Shall be buried to a depth of at least 2/3 to 3/4 of their length, either in the ground or in aboveground troughs or drums;

EXCEPTION: Securely positioned Mortar Racks may be used for the firing of single Break shells not exceeding six inches in diameter.

(d) Under conditions when paper Mortars may be damaged by placement in damp ground, paper Mortars Shall be placed inside a moisture-resistant bag prior to placement in damp ground;

(e) Whenever there is the likelihood of ground water leaking into the Mortar, the Mortar Shall be placed inside a water-resistant bag prior to placement in the ground;

(f) Weather-resistant coverings Shall be placed over the mouth of Mortars whenever there is imminent danger of water collecting in the Mortars;

(g) In soft ground, when there is significant danger of the Mortars being driven further into the ground when they are fired, sufficient added support Shall be placed beneath the Mortars;

EXCEPTION: When a Mortar is only to be used once, such as for an electrically fired Display, added support Shall be optional.

(h) Mortars that are buried in the ground, in troughs, or in drums Shall be separated from adjacent Mortars by a distance at least equal to the diameter of the Mortar. Mortars in troughs or drums Shall be positioned to afford the maximum protection to the shooter;

EXCEPTION: The requirements Shall not apply when electrical firing is used.

(i) If troughs and drums are used, they Shall be filled with sand or soft dirt; in no case Shall stones or other possible dangerous debris be present;

(j) Whenever more than three shells are to be Chain Fused, such as for sequential firing, additional measures are required to prevent adjacent Mortars from being repositioned in the event that a shell detonates in a Mortar, causing it to burst. For buried Mortars, this Shall be accomplished by placing the Mortars with a minimum separation of four times their diameter. For Mortars in racks, this Shall be accomplished by using Mortar Racks that have sufficient strength to successfully withstand such a failure;

EXCEPTIONS:

-1- When there is doubt concerning the strength of racks holding Chain Fused Mortars, the separation distances for those racks Shall be twice those listed in Table 1.

-2- When the separation distance is two times that required in Table 1, buried Mortars Shall be separated by a minimum of one times the internal diameter of the largest Mortar in the sequence.

(k) When Mortars are to be reloaded during a Display, Mortars of various sizes Shall not be intermixed. Mortars of the same size Shall be placed in groups, and the groups must be separated from one another;

(l) When Operators or Assistants are to be in the immediate area of the Mortars during a Display, sand bags or other suitable protection Shall be placed around the Mortars up to the approximate level of the mouth of the Mortar in each direction where Operators or Assistants could be located;

(m) Mortars Shall be inspected before the first shells are loaded to be certain that no water or debris has been accumulated in the bottom of the Mortar;

(n) Mortars Shall be of sufficient strength and durability to safely fire the Aerial Shells to be used;

(o) Cast iron Mortars Shall not be used;

(p) Metal Mortars Shall be either seamed or seamless; however, seamed Mortars must be placed such that the seam is facing either right or left as one faces the line of Mortars;

(q) Mortars Shall be of sufficient length to cause Aerial Shells to be propelled to safe heights;

(r) A cleaning tool Shall be provided for the cleaning of debris from Mortars as necessary;

EXCEPTION: When Mortars are not to be reloaded during a Display, there is no requirement for a cleaning tool.

(s) Numerals indicating the inside diameter of the Mortar may be conspicuously painted or otherwise marked on the top of all Mortars.

(12) When more than one Operator or Assistant will be igniting the Aerial Shells for a Display, it is preferred that the line of Mortars be separated in some manner and that only one Operator or Assistant light shells in each designated area.

(13) Electrical Firing Unit:

(a) The purpose of this section is to provide guidance for the design of Electrical Firing Units to be used when it is decided to electrically fire Displays;

(b) At no point Shall electrical contact be allowed to occur between any wiring associated with the Electrical Firing Unit and any metal object in contact with the ground;

(c) If the Electrical Firing Unit is powered from AC power lines, some form of line isolation Shall be employed (i.e., a line isolation transformer);

(d) The Electrical Firing Unit Shall include a key-operated switch or other similar device that greatly reduces the possibility that unauthorized or unintentional firings can occur;

EXCEPTION: When the Electrical Firing Unit is very small in size and attached to the wire running to Electric Matches for the brief duration of the actual firing, there is no requirement for a key-operated switch.

(e) Manually activated Electrical Firing Units Shall be designed such that at least two positive actions must be taken to apply electric current to an Electric Match. For example, this may be accomplished with two switches in series, both of which must be operated in order to pass current;

(f) Computer-activated automatic sequencing type Electrical Firing Units Shall have some form of "dead-man-switch," such that firings will cease the moment the switch is released;

(g) If the Electrical Firing Unit has a built-in-test circuit, the unit Shall be designed to limit the test current (into a short circuit) to 0.05 ampere or to 20 percent of the no-fire current of the Electric Match, whichever is less;

(h) Multi-testers such as Volt-Ohm Meters, Shall not be used for testing unless their maximum current delivering potential has been measured and found to meet the requirements of subsection (g) of this section;

(i) When any testing of firing circuits is performed, no Person Shall be allowed to be present in the immediate area of Fireworks that have been attached to the Electrical Firing Unit.

[ED. NOTE: Figures referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110-ORS 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2004, f. & cert. ef. 1-14-04

837-012-0855

Barge Requirements

(1) Barges Shall be permitted to be manned or unmanned as long as the Operator and Assistants remain in control of the Barge, Barge Display Site and firing of the Display.

(2) The movement and location of a Barge(s) Shall be controlled at all times, whether self propelled, controlled by another vessel, or secured by anchoring or mooring.

(3) The means of controlling the movement and location of a Barge pursuant to subsection (2) of this rule Shall be done so by means that have been approved by the Local Fire Authority prior to the Display.

(4) Barges Shall be used as a Discharge Site only if the Barge is sufficiently stable and seaworthy so that the type of Fireworks and the placement of the Fireworks, Mortars, and accompany equipment on the Barge Shall not compromise the stability or seaworthiness of the Barge when the Fireworks are discharged.

(5) When the Operator and/or Assistant(s) Shall be located on the Barge during the Display, the Barge(s) that are manned during firing Shall have a safety shelter. The safety shelter Shall:

(a) Be of sufficient size to accommodate all Individuals present during the actual firing of Display;

(b) Have a minimum of three sides and a roof; and

(c) Have walls and a roof constructed of at least 3/4 in. (19 mm) plywood or equivalent material.

(6) Separation between Mortars and safety shelter Shall be 2ft/in. (0.6 m/25 mm) of diameter of any Mortars up to 6 in. (152 mm) in diameter. For shells larger than 6 in. (152 mm) in diameter, the minimum separation distance Shall be 4 ft/in. (1.22 m/25 mm) of shell diameter.

EXCEPTION: If the safety shelter is constructed of stronger material, then the separation distance between Mortars and the shelter Shall be permitted to be reduced at the discretion of the Local Fire Authority and/or the Office of State Fire Marshal.

(7) The required minimum size for a Barge (in square feet) for a particular Display Shall be determined by the following calculations;

(a) Minimum Discharge Site (in square ft) = sum of (total number of each size Mortar times its inside diameter) divided by two (2).

EXCEPTIONS: Multi-shot devices up to 3 in. in diameter Shall be calculated at twice the actual footprint of each such device (length X width). Ground Display Pieces Shall be excluded from the calculations for minimum Display set-up area.

(b) Total # of 3 in. Mortar x 3 + total number of 4 in. Mortars x 4 + total number of 5 in. Mortars x 5 + etc. )/2

EXAMPLE: A Display containing 100 - 3 in. shells, 50 - 4 in. shells, 20 - 5 in. shells, 10- 6 in. shells, and 5- 8 in. shells would require the following minimum Display set-up area.

100 x 3 + 50 x 4 + 20 x 5 + 10 x 6 + 5 x 8
2

300 + 200 + 100 + 60 + 40
2

700 / 2 = 350 sq ft

(8) Barges Shall be configured, and the Display so arranged, that Operators, Assistants and any other Individuals on the Barge can readily exit the Barge in case of an emergency.

Stat. Auth.: ORS 476.030 & 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 6-2006, f. & cert. ef. 3-10-06

837-012-0860

Operation of the Public Fireworks Display

(1) The Sponsor of the Display Shall provide adequate fire protection for the Display.

(2) The Sponsor and/or Operator Shall consult with the fire authority to determine the level of fire protection required.

(3) Monitors whose sole duty Shall be the enforcement of crowd control Shall be located around the Display area by the Sponsor. The fire authority Shall approve the provisions for crowd control.

(4) Monitors Shall be located around the Display Site to prevent spectators or any other unauthorized Individuals from entering the Display Site. The Display Site Shall be so restricted throughout the Display and until the Display Site has been inspected after the Display. Where practical, fences and rope barriers Shall be used to aid in crowd control.

(5) During the period before the Display, when Fireworks materials are present, public access to the Display Site Shall not be allowed.

(6) The Operator has the primary responsibility for safety. While the Operator is allowed to actively participate in the firing of the Display, safety Shall be the primary concern.

(7) The Operator is responsible for ensuring that a sufficient number of Assistants are on hand for the safe conduct of the Display. Only the Operator and necessary Assistants Shall be permitted in the discharge area while the Display is in progress.

NOTE: In some situations, it is believed that it is appropriate to have one Individual tending each Ready Box or shell storage area in use at a given time. Similarly, it is believed that there should be two Individuals reloading shells into Mortars for each Individual igniting the Aerial Shells. Unless racks of Chain Fused shells are being fired, it generally is believed that a single Individual can safely ignite no more than about ten shells per minute. If a greater rate of firing is desired, it is appropriate to have more than one Individual lighting them.

(8) The Display Operator is responsible for meeting the administrative rules, statutory requirements and any other applicable requirements for the Display including ensuring that all Assistants are fully trained in the proper performance of their assigned tasks and that they are knowledgeable of safety hazards.

(9) If at any time before or during the Display, the Operator, Local Fire Authority, or the Law Enforcement Authority knows or should know that an adverse condition exists that significantly affects safety, Display Shall be postponed until the condition is corrected.

(10) If at any time before or during the Display, the Operator, Local Fire Authority, or the Law Enforcement Authority knows or should know that the lack of crowd control poses a danger, the Display Shall immediately be discontinued until such time as the situation is corrected.

(11) If at any time before or during the Display, the Operator, Local Fire Authority, or the Law Enforcement Authority knows or should know that high winds, precipitation, or other adverse weather conditions prevail, such that a significant safety danger exists; the Display Shall be postponed until weather conditions improve to an acceptable level.

NOTE: Changes that occur as a result of sections (9), (10) and (11) of this rule Shall meet the requirements of OAR 837-012-0740.

(12) Operators and Assistants Shall use only flashlights or electric lighting for artificial illumination.

(13) No smoking Shall be allowed within 50 feet of any area where Fireworks or other pyrotechnic materials are present.

(14) Measures Shall be taken to protect all Fireworks and materials to be used in the Display from adverse weather conditions. Moisture-damaged materials Shall not be used.

(15) No Individual Shall be allowed in the Discharge area while under the influence of alcohol, narcotics, or drugs.

(16) Communication when required by the fire official means the Displays Shall be provided with a method. Such method may consist of a cellular or digital telephone, marine radio, walkie talkie systems or other approved means. Method of communication between the Operator, the Local Fire Authority and others as deemed necessary by the Local Fire Authority, example: ship-to-shore communication for Barge Displays. The method of communication Shall be determined by the Local Fire Authority.

(17) Operators Shall be continuously responsible for the Display from the beginning of the Display through completion of the Display including the after Display cleanup and inspection.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0865

Operations for Barge Displays

(1) Manual Firing of Displays Shall be allowed only under the following conditions:

(a) Shells Shall be loaded into Mortars and put into place prior to the Display. There Shall be no reloading of any kind during the Display;

(b) Shells Shall be single-Break only and Shall not exceed 6" in diameter;

(c) The Barge Shall meet double the size requirements established by OAR 837-012-0855;

(d) All Individuals, other than Operators and Assistants Shall be behind protective barriers during the Display. Protective barrier(s) must meet the strength requirements of 3/4 inch (19mm) plywood or equivalent.

(e) Electrical Firing and Manual Firing on the same Barge is allowed when the Mortars to be used for Manual Firing Shall be separated from Mortars to be used for Electrical Firing by a minimum of 25 feet.

(f) All Aerial Shells greater than 6" in diameter Shall be fired using Electrical Ignition or other means of remote ignition that place the shooter and Assistants at least 75 feet away from the Mortar or behind a sturdy barricade at the time of ignition of the Lift Charge.

(2) A U.S. Coast Guard approved personal flotation device (PFD) Shall be provided and available for each Individual working on the Barge. Those PFD's Shall be properly worn anytime the Barge is not moored at the dock. PFD's Shall have or include a visual location device.

(3) A watercraft Shall be ready and capable of providing a rapid emergency response during the Display.

(4) During the Display only necessary Individuals Shall be present on the Barge. No spectators Shall be present on the Barge.

(5) Necessary Individuals include:

(a) Operator and Assistants;

(b) Local Fire Authority department personnel;

(c) Barge Operators; and

(d) Local Fire Authority, Coast Guard, law enforcement, or other regulatory authority acting within the scope of their official capacity.

(6) Barge Shall be free of all nonessential combustible materials.

(7) Fuel tanks are deemed essential material to perform the Display for vessels controlling, marshaling, or adjoining the Barge from which Fireworks are being discharged.

(8) Barges constructed of wood or other combustible material Shall be permitted to be used as a Fireworks Display Site when the requirements of these rules and any other applicable state, local, and federal requirements pertaining to Fireworks are met.

(9) Barges constructed of wood or other combustible material can be used provided the surface of the Barge has been protected from fire by means acceptable to the Local Fire Authority. The Barge should also be of sufficient construction and configuration to safely allow the firing of the Display. Consideration should be given to the conditions that could affect the separation distance. Greater distance might be required to allow for the effects of sea conditions, wind, and drift of the Barge.

(10) Whenever, in the opinion of the Local Fire Authority, the Operator, or the Barge captain, conditions such as high seas or rapid current pose a potential safety hazard to the Operator and Assistants, spectators, surrounding area, or any other Individuals, the Display Shall be postponed until conditions improve.

Stat. Auth.: ORS 476.030 , 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0870

Loading and Firing of Shells

(1) Shells Shall be carried from the storage area to the Discharge Site only by their bodies, never by their fuses.

EXCEPTION: It generally is believed that it is not safe to be loading Mortars within ten feet of Mortars that are being fired. When loading a shell into a recently fired Mortar, the Person should crouch along side the Mortar with his back toward the area where shells are being fired.

(2) Shells Shall be checked for proper fit in their Mortars prior to the Display.

(3) When being loaded into the Mortars, shells Shall be held by their fuses or lowering cord if provided and carefully lowered into the Mortar. At no time Shall the Person loading the shells place any part of their body over the mouth of the Mortar.

(4) The Person loading shells Shall be reasonably certain that the shell is properly seated in the bottom of the Mortar.

(5) Shells Shall not, under any circumstances, be forced into a Mortar too small to accept them. Shells that do not fit properly into the Mortars Shall not be fired.

(6) The Safety Cap protecting the fuse Shall not be removed by the Person responsible for igniting the fuse until immediately before the shell is to be fired.

EXCEPTION: Where Electrical Ignition is used. The Electric Matches are attached prior to the Display, generally with wires connected to an Electrical Firing Unit during the Display. The Operator or an Assistant ignites the Fireworks from the Electrical Firing Unit during the Public Fireworks Display.

(7) Shells Shall be ignited by lighting the tip of the fuse with a Fusee, torch, Portfire, or similar device. The Operator Shall never place any part of their body over the Mortar at any time. As soon as the fuse is ignited, the Operator Shall retreat from the Mortar area.

EXCEPTION: Alternatively, Electrical Ignition may be used.

(8) The first shell fired Shall be observed carefully by the Operator to determine that its trajectory is such that the shell functions over the Fall-Out Area and that any dangerous debris or unexploded shells will land in the Fall-Out Area. The Operator Shall determine whether or not to begin the Display and Shall Monitor the Display continuously to determine if the Display continues to meet all requirements for the continuance of the Display.

(9) The Display Shall be interrupted and the Mortars Shall be reangled or repositioned as necessary for safety any time during a Display. In the case of a Barge, the Display Shall be interrupted and the Barge Shall be repositioned as necessary for safety any time during Display.

(10) In the event of a shell failing to ignite in the Mortar, the Mortar Shall be marked in some manner to indicate the presence of an unfired shell, and the Mortar shall not be reloaded or reused so long as the misfired shell remains. Immediately following the Display but no sooner than 15 minutes after the attempted firing, if the shell still has not fired, the Mortar Shall be cautiously flooded with water and let stand for a minimum of five minutes before it is cautiously emptied of the shell. The Operator Shall be knowledgeable in the proper disposal methods.

EXCEPTION: When Electrical Ignition is used and the firing failure is electrical in nature or the Aerial Shell was intentionally not fired, the shell may be salvaged by the Operator.

(11) It is the responsibility of the Person igniting the Aerial Shells to detect when a shell does not fire from a Mortar. That Person Shall warn others in the area and Immediately Shall cause the Mortar to be marked to indicate the presence of an unfired Aerial Shell.

EXCEPTION: When electrically firing, it is not necessary to mark the Mortar. However, Individuals entering the area after the Fireworks Display Shall conduct themselves as though unfired shells remain until advised to the contrary by the Operator.

(12) Manual reignition of Chain Fused Aerial Shells Shall only be attempted at properly installed ignition points.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0875

Mortar Racks for Barge Displays

(1) Mortar Racks Shall be constructed in a thorough manner to be capable of holding multiple Mortars in position during normal functioning.

(2) Mortar Racks that are not inherently stable Shall be secured or braced to stabilize them. Stabilization Shall be accomplished by using stakes, legs, A-frames, side-boards, or equivalent means. Inherently stable Shall mean that if the base of the rack, before being loaded with Fireworks, were tipped 50 degrees from the horizontal in any direction, it would then return to the horizontal position.

(3) Mortar Racks Shall be oriented, angled, or oriented and angled in such a way that maximizes the spectator's safety.

Stat. Auth.: ORS 476.030 , 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0880

Ground Display Fireworks

(1) To the extent that it is practical, all ground pieces Shall be positioned outside of the Discharge area of aerial Displays.

EXCEPTIONS:

-1- When Ground Display Pieces are to be fired electrically, they can be located in the Fall-Out Area.

-2- When Aerial Shells have been preloaded, Ground Display Pieces can be located in that Discharge area.

(2) Dry grass Shall be wet down or removed before the Display.

(3) Combustible materials Shall be removed if deemed a fire hazard by the fire authority.

(4) Poles for ground Display pieces Shall be securely placed and firmly braced so that they will not fall over during functioning of the firework device.

(5) Specific instructions from the supplier Shall accompany all Ground Display Pieces. A list of required accessories also Shall be supplied.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0890

Site Clean-Up

(1) Following the Display, the Operator, and Assistants Shall conduct an inspection of the Fall-Out Area for the purpose of locating any unexploded Aerial Shells. This inspection Shall be conducted before any public access to the site is allowed. Any shells found during the search Shall not be handled until at least fifteen minutes have elapsed from the time the shells were fired. The Fireworks Shall then be doused with water and allowed to remain for at least five more minutes before being cautiously placed in a plastic bucket or fiberboard box. The Wholesaler who supplied the Fireworks Shall be contacted as soon as possible for disposal instructions.

(2) Mortar inspection and removal Shall be conducted upon the elapse of not less than 10 minutes from the completion of ground Display to allow for Mortar cooldown or misfires.

(3) When Fireworks are displayed at night and it is not possible to thoroughly inspect the site, the Operator Shall ensure that the entire site is reinspected very early the following morning.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0900

Transportation and Storage

(1) Storage of Fireworks in residential locations, mini-storage units or other structures is prohibited unless such storage is in accordance with the Oregon Fire Code 2004 Edition, Oregon Structural Specialty Code 2004 Edition, and NFPA 1124 Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles 2003 Edition, these rules or requirements of the Local Fire Authority.

(2) Applicants Shall also provide a complete and detailed description of how and where they will store Fireworks in their possession before, during and after the Display. The description Shall include:

(a) The address of the storage site and the location of the storage area(s) at the storage site;

(b) The dates the Fireworks will be at each storage site; and

(c) The type of magazine in which the Fireworks Shall be stored.

(3) Fireworks may be stored up to a maximum of 30 days prior to the Display.

(4) Unused Fireworks Shall be returned to the Wholesaler who provided them within 7 days after the Display date.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 6-2006, f. & cert. ef. 3-10-06

837-012-0910

Prohibited Acts and Limitations

(1) No Individuals Shall be allowed in the discharge area while under the influence of alcohol, narcotics, or drugs.

(2) No smoking Shall be allowed within 50 feet of any area where Fireworks or other pyrotechnic materials are present.

(3) Only authorized Individuals will be allowed within the Discharge Site.

(4) No Individual Shall maintain or allow the existence of a fire hazard at any location under their control where Fireworks are stored, transported, sold, or used.

(5) No Permit Holder Shall use:

(a) Any Fireworks that have been altered;

(b) Any Fireworks other than those supplied and/or distributed by a Person with a current Oregon wholesale Fireworks Permit.

(6) No Person who has been cited or arrested for Fireworks violations or who has had a Wholesale, or Retail Fireworks Permit or operator certificate suspended or revoked Shall participate in any manner in the public Fireworks Display, including storage, distribution, or transportation of pyrotechnics for a period not to exceed three years.

(7) The Permit does not authorize the manufacture, sale, use, discharge or possession of Fireworks in any city or county in which such devices are prohibited by law or ordinance.

(8) Permit Holders Shall not use, explode or have exploded any Fireworks device that has not been approved, certified or listed for transport by the U.S. Department of Transportation or has a U.S. Bureau of Explosive Temporary Transfer Permit.

(9) Displays Shall not be conducted in the event the Office of State Fire Marshal or fire authority has invoked a burning ban. If the Display Site is a large body of water or close proximity indoor event, and in the opinion of the Local Fire Authority and the State Fire Marshal the Display presents no more fire hazard than at other time, the Permit Shall be issued.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 6-2006, f. & cert. ef. 3-10-06

837-012-0920

Records Keeping

(1) Permit Holders Shall keep a record of each shipment of Fireworks received. The record Shall include the Wholesaler's name, address, Display Permit number and a list of the Fireworks received including the name and quantity of each Fireworks.

(2) Upon request, the records for each shipment received Shall be readily available for review and inspection by the Local Fire Authority and/or representatives of the Office of State Fire Marshal.

(3) All records Shall be clear, legible, accurate and maintained for three years from the date of receipt of the Fireworks. The records Shall be submitted to the Local Fire Authority and/or the Office of State Fire Marshal upon request.

NOTE: The Wholesaler from whom the Fireworks were purchased may maintain the records.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0930

Advertisements

(1) No Person Shall publish or cause to be published:

(a) Any advertisement for distribution to the general public concerning the sale of Fireworks which have been declared unlawful by ORS 480.110 to 480.160, or these rules, for residents to purchase, use, store transport, Sell, discharge, or possess;

(b) Any advertisement for the sale of items described in ORS 480.127 in any county, municipality or fire protection district that by law or ordinance has declared the sale, use, or possession of such items to be prohibited.

NOTE: The rules in this section concerning advertisements do not apply to any advertising medium which accepts such advertising in good faith, without knowledge of the violation of law or these rules.

(2) Section (1) of this rule, does not apply to advertisements placed in media when the primary distribution of that media is into areas which allow the Fireworks even through some secondary distributions of that media may occur into areas which prohibit these items.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0940

Civil and Criminal Enforcement Actions

(1) In addition to denying, revoking and/or suspending Permits and Certification pursuant to administrative hearing and appeals procedures as specified in law, the Office of State Fire Marshal, Fire or Law Enforcement Authority may:

(a) Confiscate, remove or have removed at the violator(s) expense all Fireworks offered for sale, used transported, stored, or possessed in violation of these rules; and

(b) Destroy seized Fireworks when it has been determined that destruction is necessary for the preservation of public safety or health, that the sale, transport, storage or possession of the seized Fireworks was in violation of the laws and rules of the State of Oregon or the ordinances of local municipalities.

NOTE: Upon the confiscation and/or prior to the destruction of any seized pyrotechnics, the Person responsible for the confiscation and/or destruction, Shall contact the Oregon licensed Wholesaler listed on the Permit Application.

(2) All civil disputes arising as a result of the administration and enforcement of these rules and regulations, Shall be referred to the State Fire Marshal who Shall be the final administrative authority in all cases.

(3) Violation of any provision of ORS 480.110 through 480.160 is a Class B misdemeanor. Violations thereof may be prosecuted in state or municipal courts when violations occur within the municipality served thereby. Justice and district courts Shall have concurrent jurisdiction with circuit courts in all proceedings arising within ORS 480.110 to 480.160:

(a) The sentence for a Class B misdemeanor Shall be in accordance with ORS 161.615;

(b) The sentence to pay a fine for a Class B misdemeanor Shall be in accordance with ORS 161.635 and 161.655.

(4) If a Person has gained money or property through commission of a misdemeanor or violation, then upon conviction thereof, the court, instead of imposing the fine authorized by these rules, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant's gain from the commission of the offense in accordance with ORS 161.635 and 161.655.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03

837-012-0950

Insurance Requirements

The governing body of any municipality or of any county, may require liability insurance or other form of indemnity deemed adequate by the municipality, or the county, from any Person, in a sum not less than $500, conditioned for payment of all damages which may be caused either to a Person or property by reason of the authorized public Fireworks Display and arising from any acts of any Person or agents, employees or subcontractors of the Person.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0960

Fire Protection

Fire extinguishers Shall be provided in numbers and locations throughout the Display Site as required by the Local Fire Authority.

NOTE: At a minimum, at least two 2A rated water type extinguishers, or equivalent water type extinguishing system, or an alternative determined by the Local Fire Authority Shall be provided.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

837-012-0970

Reports for General Displays

(1) Within 10 days of each General Display, the Operator in charge of the Display Shall complete a report on forms provided by the Office of State Fire Marshal, submit to the State Fire Marshal, and certify the information contained in the report is accurate. Certification and/or future Permits may be denied, suspended, and/or revoked for false reporting or failure to complete the report.

(2) The Operator Shall provide the information on the report form provided by the Office of State Fire Marshal. At a minimum, each report Shall contain the following:

(a) The printed name, signature, mailing address, certification number and telephone number of the Operator in charge of the Display and who is completing the report;

(b) Name of Permit Holder to whom the Permit was issued;

(c) The number assigned to the Permit by the Office of State Fire Marshal;

(d) The date and time of day the Display was actually held;

(e) The location of the Display. Include address and/or description sufficient to locate;

(f) A list of all Fireworks discharged including the size and number of shells and set pieces;

(g) A list of all Operators that assisted in assembling, discharging, and/or supervising the Display. The list Shall include the name, certification number, and description of duties performed for each Operator;

(h) A list of all Assistants that assisted Operators with the Display. The list Shall include the name, mailing address, social security number, telephone number, and a description of duties performed for each Assistant;

(i) A list of all Fireworks that were duds, malfunctioned, or defective. For each Firework listed, the report Shall include, type of Firework, and size of Firework if applicable (example six inch shell);

(j) A description of any injuries caused by Fireworks authorized by the Permit. Each injury Shall be listed separately, and Shall include the name of the Firework that injured the Person, cause of the injury, and name, address, age and telephone number of the injured Person;

(k) A description of any fires caused by Fireworks authorized by the Permit. Each fire Shall be listed separately and Shall include the name of the Firework that started the fire, cause of the fire, and brief description of the damage that occurred.

Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1992, f. & cert. ef. 3-10-92; FM 6-1993, f. & cert. ef. 12-10-93; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02

Fireworks Citations and Civil Penalty Assessments

837-012-1000

Authority and Application

(1) These rules are promulgated under the State Fire Marshal's authority contained in ORS 476.030 and 480.165.

(2) These rules apply to any Person who violates any provision of ORS 480.110 through 480.165 and the rules adopted thereto including, but not limited to, those for public fireworks displays, agricultural use of fireworks, wholesale and retail sales of fireworks, special effect fireworks, and/or manufacturing of fireworks.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1010

Purpose and Scope

(1) These rules establish the basis and process by which Citations and penalties will be determined and issued for Violations of ORS 480.110 through 480.165 and OAR chapter 837, division 12.

(2) These rules provide for fire authorities, as defined in ORS 476.060, to issue Citations and proposed penalties.

(3) Each Violation(s) is classified and penalty(ies) assessed according to Violation Type and Instance.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1020

Effective Dates

OAR 837-012-1000 through 837-012-1110 are effective upon date of filing.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93

837-012-1030

Definitions

(1) "Citation" means a document issued by the Office of State Fire Marshal or a fire authority pursuant to ORS 480.165 to issue a civil penalty for a Violation of ORS 480.110 through 480.165 and OAR chapter 837, division 12. A Citation may include, but is not limited to, a description of the Violation(s) and a notice of civil penalty assessment.

(2) "Exempt Fireworks" shall mean Novelties and Trick Noisemakers.

(3) "Fireworks" shall mean those items described in ORS 480.110(1).

(4) "Formal Hearing" is a hearing before a hearings officer where the laws, rules, and evidence are presented, considered, and a proposed opinion and order issued.

(5) "Hazard" means a condition which could result in fire loss injury or damage to a Person or property.

(6) "Hearings Request" means the written request for a Formal Hearing to contest a civil penalty.

(7) "Individual" shall mean a single human being.

(8) "Informal Hearing" is a conference to discuss if there is a basis for informal disposition of a civil penalty by stipulation, agreed settlement, or other means.

(9) "Instance" means the number of times a Person has been sited. These are identified as 1st, 2nd, and 3rd Instances.

(10) "Local Fire Authority" shall mean the local fire official having jurisdiction.

(11) "Person" means one or more Individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of Persons and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.

(12) "Retail Permit" shall mean the official written document issued by the Office of State Fire Marshal pursuant to ORS 480.127 that authorizes the purchase, transport, possession, storing and sale of Retail Fireworks, at retail, when otherwise in conformance with all applicable requirements of ORS 480.110 through 480.165, OAR chapter 837, division 12, and any other federal, state and local laws, rules and regulations.

(13) "State Fire Marshal" means the State Fire Marshal or his/her administrative designee.

(14) "Type" means the classification of Violation, i.e., least, minimal, moderate, or severe. These are identified as Type I, II, III or IV.

(15) "Violation" Types shall mean:

(a) "Least Violation" means a Type I Violation which poses very little Hazard or threat;

(b) "Minimal Violation" means a Type II Violation which poses a minor Hazard or threat;

(c) "Moderate Violation" means a Type III Violation which poses a significant Hazard or threat;

(d) "Severe Violation" means a Type IV Violation which poses a substantial Hazard or threat.

(16) "Wholesale Permit" shall mean the official written document issued by the Office of State Fire Marshal that authorizes the purchase, transport, possession, packaging, storing and sale of Fireworks, retail fireworks, public display fireworks, or agricultural fireworks when otherwise in compliance with all applicable requirements of ORS 480.110 through 480.165, OAR chapter 837, division 12, and any other federal, state and local laws, rules and regulations.

(17) "Wholesaler" shall mean any Person who sells or provides by any other means, or intends to sell or provide by any other means, Fireworks, retail fireworks, public display fireworks, or agricultural fireworks.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1040

General

(1) These rules establish civil penalty criteria for Types I, II, III and IV Violations and the Instances for each Type of Violation.

(2) These rules apply to Persons who violate the requirements of ORS 480.110 through 480.165 or OAR chapter 837, division 12.

(3) Fire authorities may apply these rules per ORS 476.060.

(4) A Citation describing the Violation(s) and assessed penalty(ies) shall be issued to Persons in non-compliance with ORS 480.110 through 480.165 or OAR chapter 837, division 12.

(5) Each separate Instance of non-compliance with ORS 480.110 through 480.165 or OAR chapter 837, division 12 shall be considered a separate Violation.

(6) Each day that a Violation continues shall be considered a separate Violation.

(7) The distribution, sale, use, manufacture, or possession of any amount of illegal Fireworks is prohibited and subject to Citation and penalty.

(8) In addition to the issuance of Citations and penalties under these rules, the State Fire Marshal and fire authority acting in accordance with ORS 476.060 and 480.154(2) and OAR 837-12-560(1)(a) and 837-12-675(1)(a):

(a) May confiscate any amount of illegal Fireworks; and

(b) May confiscate other Fireworks possessed by Persons violating ORS 480.110 through 480.165 and OAR chapter 837, division 12.

(9) In addition to the issuance of Citations, penalties, and the confiscation of Fireworks, the State Fire Marshal may also revoke, suspend, or deny any Fireworks permit provided for under ORS 480.110 through 480.165 to any Person who fails to pay a penalty(ies) assessed under these rules.

(10) The penalty for each Violation shall range from $0 to $500 a day depending upon the Type and Instance of the Violation.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1050

Violation Types, Instances, and Penalty Assessments

(1) Penalties shall be assessed according to Violation Type and Instance in Table 2 and OAR 837-012-1130 through 837-012-1160, except as provided in OAR 837-012-1100.

(2) The Types of Violations are:

(a) Least -- Type I;

(b) Minimal -- Type II;

(c) Moderate -- Type III;

(d) Severe -- Type IV.

(3) The Violation Instance is determined based on the number of times a Person has committed a Violation. Table 2. [Table not included. See ED. NOTE.]

[ED. NOTE: The table referenced in this rule is not printed in the OAR compilation. Copies are available from the agency.]

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 8-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1060

Issuance of Civil Penalty Citation and Forwarding to the Office of State Fire Marshal

(1) Local Fire Authority, pursuant to ORS 476.060, shall have the authority to issue civil penalty Citations for Violation of ORS 480.110 through 480.165 and/or OAR chapter 837, division 12.

(2) A Citation may impose a penalty or provide a warning (OAR 837-012-1050, Table 2).

(3) The Citation shall be forwarded to the Office of State Fire Marshal within ten days of issuance. Where possible, each Citation shall be accompanied by a copy of the issuing authority's written report, inspection sheets, Fire District Property Report (or evidence receipt -- Form #920-021-06) or any other forms that are completed during the process of issuing Citations.

(4) The Office of State Fire Marshal shall issue a notice of civil penalty based upon the information contained in the Citation and any accompanying documentation.

[ED. NOTE: The Table and Form(s) referenced in this rule are not printed in the OAR compilation. Copies are available from the agency.]

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1070

Hearings

(1) Any Person may request a hearing regarding the assessment of a civil penalty.

(2) Hearings Requests shall be filed at the Salem Office of State Fire Marshal within 20 days from the date of service of the notice of civil penalty.

(3) Any Person who requests a hearing shall be entitled to a hearing.

(4) The hearing process may include:

(a) An informal conference to discuss if there is a basis for informal disposition of a civil penalty by stipulation, agreed settlement, or other means;

(b) A Formal Hearing before a hearings officer where the laws, rules, and evidence are presented, considered, and a proposed opinion and order issued.

(5) The Formal Hearing shall be conducted as a contested case hearing according to the provision of the Administrative Procedures Act (APA) ORS 183.413 to 183.470.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1080

Informal Conference

(1) The Office of State Fire Marshal will provide an opportunity for a Person to informally discuss a civil penalty that has been assessed against them.

(2) An informal conference may be requested prior to a request for a Formal Hearing; however, a Formal Hearing shall be requested within 20 days of the date of service of the notice of civil penalty.

(3) The request for an informal conference may be in any form; and

(a) Shall be addressed to the Office of State Fire Marshal; and

(b) Shall clearly state the subject to be discussed.

(4) An informal conference concerning civil penalties shall not extend the 20 days allowed for filing a Formal Hearing request.

(5) If the parties agree, an informal conference may be held by telephone.

(6) As the result of an informal conference, the State Fire Marshal may, for good cause, amend, withdraw, or reduce a civil penalty. Such action is done in accordance with the Administrative Procedures Act (APA), ORS 183.025 to 183.725.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1090

Formal Hearing

(1) A Person may request a Formal Hearing at any time before or after an informal conference, as long as the 20 day period for requesting a hearing has not lapsed.

(2) The Office of State Fire Marshal will arrange for a hearings officer to conduct the Formal Hearing.

(3) The Office of State Fire Marshal will set a date, time, and location for the Formal Hearing.

(4) The Office of State Fire Marshal will notify, by letter, the Person requesting the hearing (or their designated representative) of the date, time, location, and the hearings officer conducting the Formal Hearing.

(5) The hearings officer will hear the case and render a proposed opinion and order, including recommended findings of fact and conclusions of law, according to the Administrative Procedures Act (APA), ORS 183.025 to 183.725.

(6) The Formal Hearing shall be conducted as follows:

(a) The hearings officer will act as an impartial third party;

(b) It is not necessary for the Person that requested the hearing to be represented by legal counsel;

(c) The Office of State Fire Marshal may or may not elect to be represented by legal counsel;

(d) Testimony shall be taken under oath;

(e) All evidence of a Type commonly relied upon by a reasonably prudent Person in the conduct of their serious affairs is admissible;

(f) Hearsay evidence is admissible if it meets statutory standards for being reliable and trustworthy.

(7) The proposed opinion and order shall be reviewed by the State Fire Marshal and, if accepted, finalized and issued as a final order.

NOTE: Final orders shall be forwarded to the authority issuing the Citation within ten days of signing of the Final Order.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1100

Penalty Adjustments

(1) The assessment or adjustment of penalties for amounts other than those set by OAR 837-012-1050 shall be done only by the State Fire Marshal through a hearings process either formally or informally.

(2) The assessment of penalties not in conformance with OAR 837-012-1050 may be made only after considering:

(a) The gravity and magnitude of the Violation;

(b) The Person's previous record;

(c) Such other considerations as the State Fire Marshal may consider appropriate.

(3) During a Formal Hearing or informal conference, the Office of State Fire Marshal may modify or adjust the Citation, cited Violations, or penalties assessed in order to meet the requirements of these rules and to ensure uniformity and consistency in their application statewide.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1110

Judicial Review

Judicial review of an agency order made after a hearing shall be provided according to ORS 183.480 or 183.497.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93

837-012-1120

Payment of Civil Penalty

(1) The penalty shall be paid to the Office of State Fire Marshal within ten days after an order assessing a civil penalty becomes final by operation of law or on an appeal.

(2) Penalties not paid within ten days after the order becomes final may be recorded with the county clerk in any county in Oregon.

(3) Upon recording of the penalty, the county clerk shall record the name of the Person incurring the penalty and the amount of the penalty in the County Clerk Lien Record.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1130

Type I Violations

(1) Type I Violations are subject to penalties ranging from $0 to $75 a day depending upon Instance and in accordance with OAR 837-012-1050(3).

(2) Examples of Type I Violations include but are not limited to:

(a) Failure to post "No Smoking" signs at the retail Fireworks sales stand;

(b) Failure to provide required fire extinguishing equipment at the retail Fireworks sales stand;

(c) Failure to maintain a clean, orderly area within 20 feet of the retail sales area;

(d) Failure to keep a copy of the retail sales permit at the retail sales stand while the stand is open;

(e) Possession of illegal Fireworks worth less than $50.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1140

Type II Violations

(1) Type II Violations are subject to penalties ranging from a warning to $150 a day depending upon Instance and in accordance with OAR 837-012-1050(3).

(2) Examples of Type II Violations include but are not limited to:

(a) Failure to have a Person 18 years of age or over inside the retail sales stand during business hours;

(b) Omission of the required Wholesale Permit number, address and name of the Wholesaler on any Fireworks shipped within or into the State of Oregon;

(c) Omission of the name of the retail sales permit holder and retail sales permit number on Fireworks cartons, containers, cases, and associated paperwork purchased by the permit holder and shipped within or into the State of Oregon;

(d) Possession of more than $50 but less than $100 worth of illegal Fireworks;

(e) Discharge of less than $50 worth of illegal Fireworks;

(f) Smoking or the ignition of Fireworks within 50 feet of any Fireworks stand.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1150

Type III Violations

(1) Type III Violations are subject to penalties ranging from $75 to $250 a day depending upon Instance and in accordance with OAR 837-012-1050(3).

(2) Examples of Type III Violations include but are not limited to:

(a) Possession of $100 or more of illegal 1.4g Fireworks;

(b) Sale of any amount of 1.4g Fireworks without the necessary permits issued by the Office of State Fire Marshal and/or, where required, the local authority having jurisdiction;

(c) Sales of allowed Fireworks to children less than 16 years of age;

(d) The purchase of Fireworks by an Oregon Retail Permit holder from an unlicensed Wholesaler;

(e) Purchase of any amount of 1.4g Fireworks without the necessary permits issued by the Office of State Fire Marshal or, where required, the local authority having jurisdiction;

(f) Manufacturing or altering any Fireworks;

(g) Storage of any amount of 1.3g Fireworks without the necessary permits issued by the Office of State Fire Marshal and/or, where required, the local authority having jurisdiction;

(h) Use of Fireworks in a manner that presents a danger to life or property.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 8-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 1-2001, f. & cert. ef. 1-23-01

837-012-1160

Type IV Violations

(1) Type IV Violations are subject to penalties ranging from $125 to $500 a day depending upon Instance and in accordance with OAR 837-012-1050(3).

(2) Examples of Type IV Violations include but are not limited to:

(a) Possession of $50 or more of 1.3g Fireworks without the necessary permits issued by the Office of State Fire Marshal and/or, where required, the local authority having jurisdiction;

(b) Conducting a public Fireworks display without the necessary permits and/or pyrotechnician certification issued by the Office of State Fire Marshal and/or, where required, the local authority having jurisdiction;

(c) Purchase of any amount of 1.3g Fireworks without the necessary permits issued by the Office of State Fire Marshal and/or, where required, the local authority having jurisdiction;

(d) Conducting the sale of any amount of 1.3g Fireworks without the necessary permits issued by the Office of State Fire Marshal and/or, where required, the local authority having jurisdiction;

(e) Conducting a public display using illegal or unauthorized Fireworks;

(f) Intentional or indiscriminate use of Fireworks which injure someone or cause more than $250 in property damage;

(g) Wholesale sales of Fireworks without an Oregon Wholesale Permit;

(h) Storage of Fireworks by a Wholesaler in an unapproved location.

Stat. Auth.: ORS 183.090 , 480.110 - 480.165
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01

Explosives

837-012-1200

Purpose and Scope

(1) The purpose of these rules is to establish standards, policies, and procedures for the possession, storage, and use of explosives for the protection and safety of the public, first responders, and individuals purchasing, possessing, storing, using, and transporting explosives.

(2) The scope of these rules applies to the implementation of ORS 480.200 through 480.290.

Stat. Auth.: ORS 476.030 & 480.280
Stats. Implemented: ORS 480.200 - 480.290
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1210

Definitions

For purposes of OAR 837-012-1200 through 837-012-1420 the following definitions apply:

(1) “Authorized Agent” as referenced in ORS 480.210 means an employee or representative of a manufacturer of explosives or dealer in explosives licensed by BATFE who possesses explosives for purposes of manufacturing or dealing. The term does not include an employee or representative who uses or possesses explosives for other purposes.

(2) “BATFE” means the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(3) “Certificate of Possession” has the meaning provided in ORS 480.200(1).

(4) “Certificate of Registration” has the meaning provided in ORS 480.200(2).

(5) “Day Box” means:

(a) A structure or container used for the temporary transport or temporary keeping of explosives for present use.

(b) Is always attended and in line of sight vision of a holder of a certificate of possession.

(c) Complies with the construction requirements of NFPA 495, Explosive Materials Code, 2001 Edition, 8-6.3 (A) and (B).

(6) “Dealer” as referenced in ORS 480.210 means any person engaged in the business of distributing explosives at wholesale or retail.

(7) “Detonator” means any device containing an initiating or primary explosive that is used for initiating detonation, and not containing more than 10g of total explosive material per unit, excluding ignition or delay charges. The term includes, but is not limited to, electric detonators of the instantaneous and delay types, detonators for use with safety fuses, detonating cord delay connectors, and non-electric detonators of the instantaneous and delay types that consist of a detonating cord, a shock tube, or any other replacement for electric leg wires according to NFPA 495, Explosive Materials Code, 2001 Edition.

(8) “Expire” as referenced in ORS 480.239 and 480.244 means a renewal certificate of possession or renewal of certificate of registration has not been issued by the Office of State Fire Marshal on or before the expiration date of the current certificate.

(9) “Explosive” or “Explosives” has the meaning provided in ORS 480.200(3).

(10) “Facility” means a single building, structure, or container used or intended to be used for the storage of explosives. A day box is not a facility.

(11) “Fertilizer” means any substance, or any combination or mixture of substances, designed for use principally as a source of plant food, in inducing increased crop yields or plant growth, or producing any physical or chemical change in the soil and contains five percent or more of available nitrogen, phosphorus pentoxide (phosphoric acid) or potassium oxide (potash), singly, collectively or in combination, except hays, straws, peat and leaf mold, and unfortified animal manures according to ORS 633.310(5).

(12) “Formal Hearing” means a proceeding before a hearings officer conducted pursuant to the Administrative Procedures Act (APA), ORS Chapter 183.

(13) “Individual” means a single human being.

(14) “Informal Conference” means a meeting between the party and the Office of State Fire Marshal, prior to a formal hearing, that may include a discussion about whether a basis exists for informal disposition of a contested case by stipulation, agreed settlement, consent order or other means.

(15) “Lapse” as referenced in ORS 480.239 and 480.244, has the meaning provided in subsection (8) of this rule.

(16) “Magazine” has the meaning provided in ORS 480.200(5). (Refer to OAR 837-012-1210(10) for a definition of facility).

(17) “Manufacturer” as referenced in ORS 480.210 means any person engaged in the business of manufacturing explosives for purposes of sale or distribution or for the person’s own use.

(18) “May” means a regulation of conduct and implies probability or permission.

(19) “May Not” means a prohibition of conduct.

(20) “Must” means a mandatory requirement.

(21) “NFPA” means the National Fire Protection Association.

(22) “Owner” means a person with a vested ownership interest in the magazine. The term does not mean a renter, lessor, or sub-lessor of the magazine.

(23) “Person” means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.

(24) “Possession” means to own, to have physical possession of, or otherwise to exercise dominion or control over explosives.

(25) “Re-location” for purposes of ORS 480.244 and OAR 837-012-1360 means moving a magazine any distance.

(26) “Request for Hearing” means a written request for a formal hearing.

(27) “Small arms ammunition” has the meaning provided in ORS 480.200(6).

(28) “Small arms ammunition primers” has the meaning provided in ORS 480.200(7).

(29) “Store” means to deposit and place explosives in a magazine for safekeeping and future use.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1220

General

(1) A certificate of possession allows the holder of the certificate to engage in those activities including the purchase, possession, storage and transportation of explosives when those activities are otherwise in conformance with the requirements of these rules and any other applicable federal, state and local laws, rules and regulations.

(2) Holders of a certificate of possession must comply with the following:

(a) ORS 480.200 through 480.290.

(b) OAR 837-012-1200 through 837-012-1420.

(c) All applicable regulations in the Oregon Fire Code, 2004 Edition, and Oregon Structural Specialty Code, 2004 Edition.

(d) NFPA 495, Explosive Materials Code, 2001 Edition, as adopted in OAR 837-012-1340.

(e) All applicable federal, state and local laws, rules, and regulations governing explosives.

(3) Holders of a certificate of possession may purchase explosives only from those persons who have a BATFE license to sell explosives.

(4) Pursuant to ORS 480.210(1)(b), a BATFE dealer or manufacturer license authorizes the holder of such a license to possess explosives only when the possession is for purposes of a use or activity expressly authorized by the license, namely the business of manufacturing or dealing in explosives.

(5) Proof pursuant to ORS 480.210(3)(b) must be:

(a) A certified copy of a manufacturer or dealer license issued by the BATFE;

(b) A written certification signed by a person that holds the license referred to in subsection (a) that certifies under penalty of perjury that the person charged under ORS 480.210(1) is an employee or representative of the licensed person and is engaged in the business of manufacturing or dealing in explosives.

(6) Holders of a certificate of possession or a certificate of registration must notify the Office of State Fire Marshal in writing of a change in their address within two weeks of the date of the change.

(7) Holders of a certificate of registration must notify the Office of State Fire Marshal in writing of a change in ownership of a magazine within two weeks of the date of the change.

(8) Holders of an unexpired certificate of possession or certificate of registration may request a duplicate copy of their certificate by certifying in writing to the Office of State Fire Marshal that their certificate has been lost, stolen or destroyed. Written requests must be signed and dated by the holder of the certificate.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1230

Fees

(1) Fees must be payable to the Office of State Fire Marshal.

(2) Fees may be paid at, or mailed to, the Office of State Fire Marshal and must accompany the appropriate application.

(3) Payment may be made by personal check, business check, cashier’s check or money order. If the fee is paid by a personal or business check, the application will be placed in a pending status until the check clears the bank.

(4) Fees are:

(a) $50 -- Certificate of Possession;

(b) $30 -- Examination;

(c) $125 -- Initial two-year magazine registration with Office of State Fire Marshal inspection;

(d) $187.50 -- three-year magazine registration renewal with Office of State Fire Marshal inspection;

(e) $250 -- four-year magazine registration with Office of State Fire Marshal inspection;

(f) $50 -- Initial two-year magazine registration with acceptance of BATFE inspection;

(g) $75 -- three-year magazine registration renewal with acceptance of BATFE inspection;

(h) $100 -- four-year magazine registration renewal with acceptance of BATFE inspection.

(5) Fees are non-refundable and non-transferable.

(6) Three- and four-year renewal fee authority is in accordance with ORS 183.705 and OAR 837-012-1330(2).

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 5-2004, f. & cert. ef. 11-10-04; OSFM 4-2005, f. & cert. ef. 2-17-05; OSFM 13-2005(Temp), f. & cert. ef. 8-16-05 thru 2-11-06; OSFM 14-2005, f. 10-21-05, cert. ef. 10-22-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1240

Applications

(1) Applications for the examination required under ORS 480.225(1)(j), a certificate of possession, and a certificate of registration must be on forms provided by the Office of State Fire Marshal.

(2) Applicants must complete the applications in full and pay the applicable fees before the Office of State Fire Marshal will process the applications.

(3) Pursuant to federal law, the Office of State Fire Marshal requires disclosure of the applicant’s social security number on the applications. Any social security number disclosed on an application may be used for identification purposes only and remains confidential unless otherwise provided by law.

(4) Application for the examination required under ORS 480.225(1)(j):

(a) The application must be completed by the individual who will be taking the required examination.

(b) The application and fee must be received by the Office of State Fire Marshal a minimum of fourteen days before the applicant intends to complete the examination to allow time for:

(A) The fee payment to clear the bank.

(B) The Office of State Fire Marshal to notify the applicant of the acceptance of the application and fee payment.

(5) Application for a certificate of possession under ORS 480.210. Any individual who intends to possess explosives must:

(a) Complete the application.

(b) Submit a separate application and fee for each certificate of possession to be issued.

(c) Submit with their application a fingerprint card compatible with the processing requirements of the Oregon State Police Identification Services Division.

(6) Application for a certificate of registration of magazine under ORS 480.244. The owner of the magazine must:

(a) Complete the application.

(b) Submit a separate application for each magazine to be registered.

(c) Specify on their application which agency they select to inspect their magazine:

(A) The Office of State Fire Marshal.

(B) The Bureau of Alcohol, Tobacco, Firearms and Explosives.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1250

Eligibility for a Certificate of Possession

To be eligible for a certificate of possession, applicants must meet the requirements under ORS 480.225 and 480.230.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1260

Certificate of Possession -- Examination

(1) Upon receipt and processing of a completed application, the Office of State Fire Marshal will notify the applicant of the date, time and place for the examination.

(2) Applicants must provide valid photo identification at the time they appear to take the examination. Only photo identification issued by the Department of Motor Vehicles in the applicant’s state of residency is accepted by the Office of State Fire Marshal.

(3) The examination is based upon, and examines the applicant’s knowledge of:

(a) NFPA 495, Explosive Materials Code, 2001 Edition as adopted in OAR 837-012-1340

(b) ORS 480.200 through 480.290.

(4) The examination is open book.

(a) Applicants are responsible for providing their own copy of NFPA 495, Explosive Materials Code, 2001 Edition, to use during the examination.

(b) The Office of State Fire Marshal provides a copy of ORS 480.200 through 480.290 for use during the examination.

(5) To pass the examination, the applicant must answer correctly 80% or more of the examination questions.

(6) The Office of State Fire Marshal notifies applicants of the results of their examination using the address listed on the applicant’s examination application.

(7) If an applicant fails to:

(a) arrive at the scheduled examination appointment, (b) complete the examination, or

(c) pass the examination, the applicant must submit a new application and fee pursuant to OAR 837-012-1230 and 837-012-1240 to the Office of State Fire Marshal.

(8) Passing examination scores are valid for two years from the date of the examination. If the examinee does not apply for and receive a certificate of possession within two years from the date of passing the examination, the examination score will be considered invalid and the applicant must re-take and pass the examination.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1270

Certificate of Possession -- Issuance

(1) Upon receipt of a properly completed application, application fee, and fingerprint card, the Office of State Fire Marshal will conduct an investigation to ensure the applicant meets the requirements of ORS 480.225 and 480.230.

(2) The investigation includes, but is not limited to:

(a) Electronic processing of fingerprint cards through the Law Enforcement Data System.

(b) Accessing records at Mental Health and Developmental Disability Services Division pursuant to ORS 480.225(1)(d).

(3) Upon its approval of an application, the Office of State Fire Marshal issues a certificate of possession to the applicant.

(4) The Office of State Fire Marshal assigns a unique number to each certificate of possession issued.

(5) The issuance of a certificate of possession does not in any way constitute an approval by the Office of State Fire Marshal of any explosives possessed under the certificate.

(6) The Office of State Fire Marshal mails the original certificate of possession to the applicant at the address listed on the application.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1280

Certificate of Possession - Renewal

(1) A certificate of possession must be renewed every three years.

(2) The holder of the certificate of possession is not required to retake the examination required under ORS 480.225(1)(j) unless the current certificate expires or lapses.

(3) All other requirements for the issuance of a renewal of certificate of possession are the same as the issuance of the original certificate.

(4) Applications for the renewal of a certificate of possession may not be submitted to the Office of State Fire Marshal more than 90 days prior to the expiration date of the current certificate.

(5) Applications for the renewal of a certificate of possession should be received by the Office of State Fire Marshal at least 60 days prior to the expiration date of the current certificate. This allows the Office of State Fire Marshal adequate time to process the application prior to the expiration date of the current certificate.

(6) Applications not received by the Office of State Fire Marshal at least 60 days prior to the expiration date of the current may not certificate of possession could result in the expiration or lapse, of the current certificate.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1290

Explosives Storage

(1) Explosives may be stored only in a magazine that has been issued a certificate of registration by the Office of State Fire Marshal.

(2) The storage of explosives must be in compliance with all applicable requirements of:

(a) NFPA 495, Explosive Materials Code, 2001 Edition as adopted in OAR 837-012-1340.

(b) Oregon Fire Code, 2004 Edition.

(c) Oregon Structural Specialty Code, 2004 Edition.

(d) All applicable federal, state and local laws, rules and regulations pertaining to explosives.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1300

Magazine Registration and Inspection

(1) Magazines not issued a certificate of registration may not be used for the storage of explosives.

(2) To be eligible for a certificate of registration, a magazine must comply with all requirements of:

(a) ORS 480.200 through 480.290.

(b) OAR 837-012-1200 through 837-012-1240.

(c) Oregon Fire Code, 2004 Edition.

(d) Oregon Structural Specialty Code, 2004 Edition.

(e) NFPA 495, Explosive Materials Code, 2001 Edition as adopted in OAR 837-012-1340

(f) All applicable federal, state and local laws, rules and regulations pertaining to explosives.

(3) Prior to the issuance of a certificate of registration, the magazine must be inspected for compliance with these rules.

(4) The inspection may be completed by:

(a) The Office of State Fire Marshal

(b) The BATFE pursuant to OAR 837-012-1320.

(5) A certificate of registration allows the holder of the certificate to store explosives in the registered magazine when otherwise in conformance with the requirements of these rules.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1310

State Fire Marshal Inspection of Magazines

(1) The State Fire Marshal may complete an inspection of a magazine prior to the issuance of a certificate of registration pursuant to OAR 837-012-1300(3) and (4).

(2) Upon receipt of information that a magazine is not in compliance with the requirements of these rules, the Office of State Fire Marshal may conduct an inspection of the magazine.

(3) If, upon its inspection, the Office of State Fire Marshal determines the magazine is not in compliance, the Office of State Fire Marshal may issue a notice of correction to the owner of the magazine.

(4) All notices of correction are on forms provided by the Office of State Fire Marshal.

(5) Notices of correction specify the deficiencies required to be corrected prior to the magazine being issued a certificate of registration.

(6) Notices of correction specify the date by which the deficiencies are to be corrected.

(7) A copy of each notice of correction is provided by the OSFM to the owner of the magazine by:

(a) personal service;

(b) service by certified mail

(c) service by regular mail.

(8) After presenting a copy of the notice of correction to the owner of the magazine, the Office of State Fire Marshal retains all remaining copies of the notice until the re-inspection of the magazine is completed.

(9) At the end of the time allowed for correction of the deficiencies, as required by the notice of correction, the Office of State Fire Marshal may:

(a) Re-inspect the magazine to determine if the deficiencies specified in the notice of correction have been corrected.

(b) Complete the re-inspection section of the notice of correction.

(10) Upon re-inspection of the magazine, the Office of State Fire Marshal provides a copy of the completed notice of correction to the owner of the magazine pursuant to subsection (7) of this rule.

(11) Failure to correct the deficiencies noted in the notice of correction will result in the following, until such time as the deficiencies are corrected:

(a) The magazine will not be issued a certificate of registration.

(b) The magazine will not be issued a renewal certificate of registration.

(c) The certificate of registration for the magazine may be suspended or revoked.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1320

Certificate of Registration of Magazine -- With Bureau of Alcohol, Tobacco, Firearms and Explosives Inspection

(1) The Office of State Fire Marshal may accept an inspection completed by BATFE in lieu of the Office of State Fire Marshal inspection.

(2) The decision to accept or not accept the BATFE inspection rests solely with the Office of State Fire Marshal.

(3) The Office of State Fire Marshal may consider, but is not limited to, the following criteria in deciding whether to accept a BATFE inspection:

(a) The inspection was completed not more than 180 days prior to the date of the application for a certificate of registration;

(b) A United States Post Office postmark date is used to determine the date of application.

(c) The inspection proves the magazine is in compliance with these rules.

(4)(d) If deficiencies are noted on the BATFE inspection, the Office of State Fire Marshal may decide to conduct its own inspection. Should the Office of State Fire Marshal decide to complete its own inspection, the applicant must submit additional payment of the following applicable fee prior to the Office of State Fire Marshal conducting its inspection:

(a) $75 for an initial two-year registration.

(b) $137.50 for a three-year renewal.

(c) $175 for a four-year renewal.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 5-2004, f. & cert. ef. 11-10-04; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 15-2005(Temp), f. & cert. ef. 11-9-05 thru 5-7-06; OSFM 7-2006, f. & cert. ef. 5-5-06; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1330

Certificate of Registration of Magazine -- Renewal

(1) All requirements for the issuance of a certificate of registration must be met before a certificate is renewed.

(2) Pursuant to ORS 183.705, certificates of registration may be renewed every two years, or up to four years, as determined by the Office of State Fire Marshal, in order to bring the Office of State Fire Marshal magazine registration renewal dates in alignment with the BATFE renewal dates.

(3) Applications for the renewal of a certificate of registration may not be submitted to the Office of State Fire Marshal more than 120 days prior to the expiration date of the current certificate.

(4) Applications for the renewal of a certificate of registration should be received by the Office of State Fire Marshal at least 90 days prior to the expiration date of the current certificate. This allows the Office of State Fire Marshal adequate time to process the application, including inspection by the State Fire Marshal of the magazine, prior to the expiration date of the current certificate.

(5) Applications not received by the Office of State Fire Marshal at least 90 days prior to the expiration date of the current certificate of registration may result in the expiration or lapse, of the current certificate.

(6) If a current certificate of registration expires or lapses, explosives may not be stored in the magazine until the magazine is issued a renewal certificate of registration.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1340

Fire and Life Safety Standards

NFPA 495, Explosive Materials Code, 2001 Edition, is hereby adopted with the following exceptions:

(1) Chapter four is not adopted.

(2) Although NFPA 495, Explosive Materials Code, 2001 Edition, requires magazines to be opened and inspected at intervals of three days, the Office of State Fire Marshal requires magazines to be opened and inspected at intervals of seven days. (See NFPA 495, Explosive Materials Code, 2001 Edition, 8-7.2).

(3) NFPA standards regarding the transportation of explosives are hereby adopted for purposes of the examination required under ORS 480.225(1)(j).

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1350

Removal/Confiscation of Explosives

(1) Explosives may not be stored in a magazine, or possessed by an individual if:

(a) An application for a certification of registration, or certificate of possession, is denied.

(b) A certificate of registration, or certificate of possession, is suspended or revoked pursuant to ORS 480.244(9) or 480.270 or these rules.

(c) A certificate of registration, or certificate of possession, expires or lapses.

(2) The Office of State Fire Marshal may confiscate explosives possessed or stored in violation of ORS 480.200 to 480.290 or these rules.

(3) Any confiscation of explosives by the Office of State Fire Marshal are carried out pursuant to a warrant.

(4) Upon finding a violation, the Office of State Fire Marshal may order that any explosives be:

(a) Transferred to a magazine that has been issued a certificate of registration by the Office of State Fire Marshal

(b) Teturned to the supplier of the explosives

(c) Disposed of in any manner the Office of State Fire Marshal sees fit, including destruction of the explosives.

Stat. Auth.: ORS 476.030 & 480.280
Stats. Implemented: ORS 480.239
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1360

Magazine Re-location -- Reporting

(1) Re-location of any magazine required to be registered under ORS 480.244 must be reported to the Office of State Fire Marshal within 24 hours of its relocation.

(2) The owner or the individual with either:

(a) Physical possession; or

(b) Control of the magazine is the individual responsible for reporting the relocation of the magazine.

(3) The toll free reporting number for reporting relocation of magazines is 1-877-459-9366.

(4) A report of relocation of the magazine must include the following information:

(a) Certificate of registration number issued to the magazine.

(b) New location of the magazine including the street address, city, and state.

(c) The name and phone number of the individual reporting the relocation of the magazine.

(d) The name of the fire department having jurisdiction, if known.

(5) There is no fee for reporting the relocation of a magazine.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1370

Record Keeping Requirements for Explosives

(1) Holders of a certificate of possession must maintain a record of the type and quantity of all explosives possessed.

(2) The Office of State Fire Marshal may inspect the records required to be maintained under ORS 480.235(5) and subsection (1) of this rule:

(a) At the time of the magazine inspection by the Office of State Fire Marshal; or

(b) Upon demand by the Office of State Fire Marshal.

Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1380

Hazardous Materials Reporting

Persons possessing 10 pounds or more of explosives, as classified by the United States Department of Transportation, must annually complete the Hazardous Substance Survey pursuant to ORS 453.307 to 453.372 and OAR chapter 837, division 85.

Stat. Auth.: ORS 453, 476, 478 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1390

Denial, Suspension or Revocation

(1) The Office of State Fire Marshal may deny, suspend or revoke a certificate of possession if:

(a) An individual who has applied for, or has been issued, a certificate of possession is ineligible for the certificate under ORS 480.225 or 480.230; or

(b) The individual who has been issued a certificate of possession has been convicted of a violation under ORS 480.990(6).

(2) If an individual to whom a certificate of possession was issued is found to be ineligible for the certificate under ORS 480.225 or 480.230, the Office of State Fire Marshal may revoke the certificate.

(a) An individual is ineligible for a certificate of possession if, before or after being issued a certificate, the individual fails to comply with ORS 480.225 or 480.230.

(b) An individual is ineligible for a certificate of possession under ORS 480.225(1)(l) if the individual fails to possess, use, store or transport explosives in accordance with these rules and all other applicable federal, state or local laws, rules or regulations.

(3) If an individual to whom a certificate of possession was issued has been convicted of a violation under ORS 480.990(6), the Office of State Fire Marshal may consider the following guidelines:

(a) If the individual has been convicted of one violation, the Office of State Fire Marshal may deny, suspend or revoke the certificate of possession for up to one year.

(b) If the individual has been convicted of two violations, the Office of State Fire Marshal may deny, suspend or revoke the certificate of possession for up to two years.

(c) If the individual has been convicted of three or more violations, the Office of State Fire Marshal may deny, suspend or revoke the certificate of possession for up to three years.

(4) The Office of State Fire Marshal may deny, suspend or revoke a certificate of registration if:

(a) The magazine registered, or to be registered, is ineligible for registration under ORS 480.200 to 480.290 or these rules; or

(b) For failure to comply with any provision of ORS 480.200 to 480.290 or these rules.

(5) If a magazine that has been issued a certificate of registration is found to be ineligible, the Office of State Fire Marshal may revoke the certificate.

(6) A magazine is ineligible for a certificate of registration if, before or after the magazine is registered, the magazine does not comply with ORS 480.244 or these rules.

(7) Suspension or revocation of a certificate of possession or a certificate of registration may include suspension or revocation of the current certificate and the right to apply for a renewal certificate.

(8) The period for denial, suspension or revocation of a certificate of possession or certificate of registration may not exceed three years, unless otherwise provided by law. In determining the appropriate sanction, the Office of State Fire Marshal may consider the following criteria:

(a) The severity of the violation or violations and the impact on public safety.

(b) The number of similar or related violations.

(c) Whether the violation or violations were willful or intentional.

(d) The prior history of sanctions imposed by the Office of State Fire Marshal against the individual or person.

(e) Other circumstances determined by the Office of State Fire Marshal to be applicable to the particular violation.

(9) Any notice of denial, suspension or revocation issued by the Office of State Fire Marshal is mailed by certified mail to the most recent address on file with the Office of State Fire Marshal pursuant to OAR 837-012-1220(6).

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1400

Contested Cases

(1) A person may request a formal hearing regarding the suspension, revocation, or denial of a certificate of registration or a certificate of possession by the Office of State Fire Marshal.

(2) A request for hearing must be timely filed.

(3) A request for hearing is timely filed when the request is postmarked or received by the Office of State Fire Marshal within 20 days from the date of service of the notice of suspension, revocation, or denial, unless a 60-day deadline applies pursuant to ORS 183.435.

(4) If a request for hearing is not timely filed under section (3) of this rule, the person waives the right to a contested case under ORS chapter 183.

(5) A person may write to or call the Office of State Fire Marshal to informally discuss the notice of suspension, revocation, or denial; however, an informal communication may not extend the deadline established in subsection (3) of this rule.

(6) A contested case may include:

(a) An informal conference, or

(b) A formal hearing.

(7) Contested cases are conducted pursuant to the provisions of ORS chapter 183 and the rules adopted thereto.

Stat. Auth.: ORS 183, 476, 478 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.:OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1410

Informal Conference

(1) The Office of State Fire Marshal may provide an opportunity for an informal conference.

(2) A request for an informal conference may be made verbally or in writing; and:

(a) Be made or addressed to the Office of State Fire Marshal; and

(b) Clearly state the issue or issues to be discussed.

(3) If the Office of State Fire Marshal and the party agrees, an informal conference may be held by telephone.

(4) After an informal conference, the Office of State Fire Marshal may amend, withdraw, or reduce the suspension, revocation or denial in accordance with ORS chapter 183 and the rules adopted thereto.

Stat. Auth.: ORS 183, 476, 478 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.: OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

837-012-1420

Formal Hearing

(1) A person may file a written request for hearing before or after an informal conference, at any time before the deadline established in OAR 837-012-1400(3).

(2) The Office of State Fire Marshal has the responsibility to arrange for a hearings officer to conduct the formal hearing.

(3) The Office of State Fire Marshal has the responsibility to set the date, time, and location for the formal hearing.

Stat. Auth.: ORS 183, 476, 478 & 480
Stats. Implemented: ORS 480.200 - 480.290 & 480.990(6)
Hist.:OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06

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