Oregon Administrative Code

837-012-0325 Permits-Denial, Suspension, Revocation (1) The State Fire Marshal may deny, suspend or revoke a pest control fireworks permit for violation of ORS 480.111 through 480.165 and OAR chapter 837, division 12, or upon a determination the proposed or permitted use does not…

837-012-0330 General (1) Pest control fireworks may only be used to repel birds or animals from properties if the birds or animals are or may be injurious or destructive to a property, including crops and livestock located on the property, identified in HB 2432 (2015 OL Ch. 57). …

837-012-0340 Permit Fees There are no fees for this application. Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) Statutes/Other Implemented: ORS 480.122 & 480.124 History: OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 15-2006, f. 12-22-06,…

837-012-0350 Issuance of Pest Control Fireworks Permits (1) Each pest control fireworks permit is assigned a unique number by the Department of the State Fire Marshal. (2) The pest control fireworks permit is valid only for the property or properties listed on the pest control fi…

837-012-0360 Purchase of Pest Control Fireworks (1) Permit holders must be 18 years of age or older. (2) Pest control fireworks permit holders may purchase or otherwise obtain pest control fireworks only from wholesalers who possess a valid and current wholesale permit issued by …

837-012-0370 Prohibited Acts and Limitations (1) A pest control fireworks permit does not allow the permit holder to purchase, possess, or sell any other types of fireworks. (2) Pest control fireworks may not be utilized for any purpose other than the use as stated on the permit …

837-012-0500 Purpose and Scope—Wholesale Sales and Storage of Fireworks in Oregon 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, di…

837-012-0505 Effective Dates OAR 837-012-0500 through 837-012-0570 are effective July 1, 2014. Statutory/Other Authority: ORS 476, 478 & 480 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2…

837-012-0510 Definitions For purposes of ORS 480.111 through 480.165 and OAR 837-012-0500 through 837-012-0570, the following definitions apply: (1) “BATFE” means the Bureau of Alcohol, Tobacco, Firearms and Explosives. (2) "Carton, container, or case" means any box, parcel, bund…

837-012-0515 General (1) Definitions. For purposes of this administrative rule, the following definitions apply: (a) “Fireworks” has the definition contained in ORS 480.111(7). (b) “Person” means any business, entity, or individual. (c) “Wholesaler” means a person that possesses …

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, display fireworks, or pest control fireworks, within Oregon, or from Oregon for delivery into another sta…

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 Department of the State Fire Marshal must issue or propose to deny the wholesale permit. (2) The Department of the State Fire…

837-012-0530 Permit Fees (1) Permit fees shall be paid to the Department of the State Fire Marshal and must accompany the permit application. (2) Payment may be made by personal check, business check, cashier’s check, money order, online, or other approved OSFM method, and made p…

837-012-0535 Denial, Suspension and/or Revocation of Wholesale Permit (1) The Department of the 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 480.111 through 480.165…

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, operate…

837-012-0545 Sales and Records — General (1) All individuals involved in wholesale operations must 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 th…

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 the fireworks, retail fireworks, display fireworks, or pest control fireworks to out-of-state resi…

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, display fireworks, or pest control fireworks are stored, transported,…

837-012-0560 Civil and Criminal Enforcement Actions (1) The Department of the State Fire Marshal, local fire authority, or law enforcement authority may confiscate, remove or have removed any fireworks, retail fireworks, display fireworks, or pest control fireworks offered for sa…

837-012-0565 Transportation (1) All shipments of fireworks, retail fireworks, display fireworks, or pest control 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 Departmen…

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 Su…

837-012-0600 Purpose and Scope—Retail Sales and Storage of Pyrotechnics (Allowed Fireworks) in Oregon 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 …

837-012-0605 Effective Dates OAR 837-012-0600 through 837-012-0675 are effective July 1, 2014. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165 History: OSFM…

837-012-0610 Definitions For purposes of ORS 480.111 through 480.165 and OAR 837-012-0600 through 837-012-0675, the following definitions apply: (1) “American Pyrotechnics Association Standard 87-1” means the American Pyrotechnics Association Standard 87-1 (2004 edition) unless o…

837-012-0615 General (1) Retailers desiring to engage in other types of fireworks activities, including wholesale sales, displays or pest control use, must meet all applicable requirements in ORS 480.111 through 480.165 and OAR chapter 837, division 12, including those pertaining…

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 must apply for and obtain a retail permit issued by the Department of the State F…

837-012-0625 Retail Permit Fees (1) Permit fees shall be paid to the Department of the State Fire Marshal and must accompany the permit application. (2) Payment may be made by personal check, business check, cashier’s check, money order, online or other approved OSFM methods, and…

837-012-0630 Issuance of Retail Permits (1) The Department of the State Fire Marshal may not approve a permit application, or issue a retail permit, without the prior approval of the local fire authority. (2) The Department of the State Fire Marshal will assign a unique number to…

837-012-0635 Purchase of Retail Fireworks by Retail Permit Holder (1) Retail permit holders must purchase or otherwise obtain retail fireworks only from wholesalers who possess a valid and current wholesale permit issued by the Department of the State Fire Marshal. (2) A retail p…

837-012-0640 Permits — Denial, Suspension and/or Revocation (1) The Department of the State Fire Marshal may deny, suspend or revoke a retail permit if a retail permit holder, or an applicant, fails to comply with ORS 480.111 through 480.165 or OAR chapter 837, division 12. (2) T…

837-012-0645 Sales and Storage of Retail Fireworks (1) A retail sales outlet may 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 respons…

837-012-0650 Outdoor Sales (1) The location of an outdoor retail sales outlet must 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…

837-012-0655 Indoor Sales (1) The location of an indoor retail sales outlet may 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 …

837-012-0660 Records and Postings (1) The retail permit must be posted at the retail sales outlet and must 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…

837-012-0665 Advertisements (1) No person may 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 480.111 to 480.165, or these rules, for i…

837-012-0670 Prohibited Acts and Limitations (1) Retail permit holders may 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) Retail permit holders may not sell or pro…

837-012-0675 Civil and Criminal Enforcement Actions (1) The Department of the State Fire Marshal, local fire authority or law enforcement officials may confiscate, remove or have removed any fireworks offered for sale, sold, provided, transported, purchased or otherwise obtained,…

837-012-0700 Purpose and Scope—Display of Fireworks in Oregon (1) The purpose of OAR 837-012-0700 through 837-012-0970 is to adopt rules to implement the standards, policies and procedures for fireworks displays. (2) These rules establish application, permit and other requirement…

837-012-0710 Effective Dates OAR 837-012-0700 through 837-012-0970 are effective July 1, 2014. Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 7-20…

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…

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 di…

837-012-0740 Display Permit Applications (1) Any person intending to have, put on, or sponsor a display must apply for and obtain a display permit from the Department of the State Fire Marshal. (2) A separate display permit must be applied for and obtained for each display that m…

837-012-0750 Display Permit Application Fees (1) Display permit application fees may be paid at, or mailed to, the Department of the State Fire Marshal and must accompany the display permit application. (2) Payment may be made by personal check, business check, cashier's check or…

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 Department of the State Fire Marshal may either grant or deny the application. (2) The Department…

837-012-0770 Operator Certificate Applications (1) The application for an operator certificate must be made on a form provided by the Department of the State Fire Marshal. (2) Any individual who intends to participate as the operator at a general display or limited display must f…

837-012-0780 Operator and Assistant Qualifications (1) To be eligible for a general operator certificate, an applicant must comply with the following: (a) Must be at least 21 years of age; (b) Must have participated as an assistant in three or more general displays in Oregon with…

837-012-0790 Issuance of Operator Certificate (1) Upon receipt of a properly completed and timely submitted operator certificate application, the Department of the State Fire Marshal may either grant or deny the application. (2) The Department of the State Fire Marshal will assig…

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. G…

837-012-0810 Training Course Instructor (1) Individuals who intend to provide the training course required under OAR 837-012-0780 must work under the direction and control of an Oregon permitted wholesaler who supplies 1.3g fireworks. (2) At a minimum, Instructors must meet the f…

837-012-0820 Pyrotechnician Training Course Requirements (1) The training course required by OAR 837-012-0780(1)(d) is developed by the Department of the State Fire Marshal. (2) All individuals providing operator certification training required under OAR 837-012-0780 must provide…