Oregon Administrative Code

837-012-0830 Denial, Suspension 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 cer…

837-012-0835 Purchase, Transportation and Storage of Display Fireworks (1) General and limited display permit holders must purchase or otherwise obtain display fireworks only from wholesalers who possess a current and valid wholesale permit issued by the Department of the State F…

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 may be inspected and approved by the local fire authority and law enforcement authority. (2) The purpose of this rule…

837-012-0850 Construction of Fireworks Aerial Shells (1) Shells may be classified and described only in terms of the inside diameter of the mortar in which they can be safely used, such as three inch shells are only for use in three inch mortars); (2) Aerial shells must be constr…

837-012-0855 Barge Requirements (1) Barges may be permitted to be manned or unmanned as long as the barge operators remain in control of the barge, and the operator and assistants remain in control of the barge display site and firing of the display. (2) The movement and location…

837-012-0860 Operation of Fireworks Display (1) The sponsor of the display must provide adequate fire protection for the display. (2) The sponsor or the operator must consult with the fire authority to determine the level of fire protection required. (3) Monitors whose sole duty …

837-012-0865 Operations for Barge Displays (1) Manual firing of displays may be allowed only under the following conditions: (a) Shells must be loaded into mortars and put into place prior to the display. Reloading of any kind during a barge display is prohibited; (b) Shells may …

837-012-0870 Loading and Firing of Shells (1) Shells must be carried from the storage area to the discharge site only by their bodies, never by their fuses. EXCEPTION: It is generally believed it is not safe to be loading mortars within ten feet of mortars being fired. When loadi…

837-012-0875 Mortar Racks for Barge Displays (1) Mortar racks must 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 must be secured or braced to stabilize them. Sta…

837-012-0880 Ground Display Fireworks When ground display pieces are to be fired electrically, they may be located in the fall-out area. (b) When aerial shells have been preloaded, ground display pieces may be located in the discharge area. (2) Dry grass must be wet down or remov…

837-012-0890 Site Clean-Up (1) Following the display, the operator, and assistants must conduct an inspection of the fall-out area for the purpose of locating any unexploded aerial shells or components. This inspection must be conducted before any public access to the site is all…

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, as adopted by the State Fire Marshal pursuant to OAR 837-040-0010, Orego…

837-012-0910 Prohibited Acts and Limitations (1) No individuals may be allowed in the discharge area while under the influence of alcohol, narcotics, or drugs. (2) Smoking is not allowed within 100 feet of any area where fireworks or other pyrotechnic materials are present. (3) O…

837-012-0920 Records Keeping (1) Permit holders must keep a record of each shipment of fireworks received. The record must include the wholesaler's name, address, display permit number and a list of the fireworks received including the name and quantity of each firework. (2) Upon…

837-012-0940 Civil and Criminal Enforcement Actions (1) In addition to denying, revoking or suspending permit and certification pursuant to administrative hearing and appeals procedures as specified in law, the State Fire Marshal, fire or law enforcement authority may: (a) Confis…

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…

837-012-0960 Fire Protection Fire extinguishers must 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 …

837-012-0970 Reports for General Displays (1) Within 10 days following each general display, the operator in charge of the display must complete a report on forms provided by the State Fire Marshal, submit to the State Fire Marshal, and certify the information contained in the re…

837-012-1000 Authority and Application—Fireworks Citations and Civil Penalty Assessments (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 480.111 th…

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 480.111 through 480.165 and OAR chapter 837, division 12. (2) These rules provide for fire authorities, as defined i…

837-012-1020 Effective Dates OAR 837-12-1000 through 837-12-1110 are effective July 1, 2014. Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 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…

837-012-1030 Definitions (1) "Citation" means a document issued by the Department of the State Fire Marshal or a fire authority pursuant to ORS 480.165 to issue a civil penalty for a violation of ORS 480.111 through 480.165 and OAR chapter 837, division 12. A citation may include…

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 480.111 through 480.165 or OAR chapter 837, division 12.…

837-012-1050 Violation Types, Instances, and Penalty Assessments (1) Penalties may be assessed according to violation type and instance in Table 2 and OAR 837-12-1130 through 837-12-1160, except as provided in OAR 837-12-1100. (2) The types of violations are: (a) Least — type I; …

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, has the authority to issue civil penalty citations for violation of ORS 480.111 through 480.165 and OAR chapter 837, division 12. …

837-012-1070 Hearings (1) Any person may request a hearing regarding the assessment of a civil penalty. (2) Hearings requests must be filed at the Salem Department of the State Fire Marshal within 20 days from the date of service of the notice of civil penalty. (3) Any person who…

837-012-1080 Informal Conference 1) The Department of the State Fire Marshal will provide an opportunity for a person to informally discuss a civil penalty assessed against them. (2) An informal conference may be requested prior to a request for a formal hearing; however, a forma…

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 Department of the State Fire Marshal will arrange for a hearings officer to cond…

837-012-1100 Penalty Adjustments (1) The assessment or adjustment of penalties for amounts other than those set by OAR 837-12-1050 may be done only by the State Fire Marshal through a hearings process either formally or informally. (2) The assessment of penalties not in conforman…

837-012-1110 Judicial Review Judicial review of an agency order made after a hearing may be provided according to ORS 183.480 or 183.497. Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 2-2015, f. 12-22-15…

837-012-1120 Payment of Civil Penalty (1) The penalty must be paid to the Department of the 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 become…

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 837-12-1050(3). (2) Examples of Type I violations include but are not limited to: (a) Failure to post "No Smoking" signs a…

837-012-1140 Type II Violations (1) Type II violations are subject to penalties ranging from $25 to $150 a day depending upon instance and in accordance with OAR 837-12-1050(3). (2) Examples of Type II violations include but are not limited to: (a) Failure to have person 18 years…

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 837-12-1050(3). (2) Examples of Type III violations include but are not limited to: (a) Possession of $100 or more o…

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 837-12-1050(3). (2) Examples of Type IV violations include but are not limited to: (a) Possession of $50 or more of 1…

837-012-1200 Purpose and Scope—Explosives (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, s…

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 po…

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 r…

837-012-1230 Fees (1) Fees must be payable to the Department of the State Fire Marshal. (2) Fees may be paid at, or mailed to, the Department of the State Fire Marshal and must accompany the appropriate application. (3) Payment may be made by personal check, business check, cashi…

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 Department of the State Fire Marshal. (2) Applicants must complete the applications in …

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. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) Hi…

837-012-1260 Certificate of Possession — Examination (1) Upon receipt and processing of a completed application, the Department of the State Fire Marshal will notify the applicant of the date, time and place for the examination. (2) Applicants must provide valid photo identificat…

837-012-1270 Certificate of Possession — Issuance (1) Upon receipt of a properly completed application, application fee, and fingerprint card, the Department of the State Fire Marshal will conduct an investigation to ensure the applicant meets the requirements of ORS 480.225 and …

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…

837-012-1290 Explosives Storage (1) Explosives may be stored only in a magazine that has been issued a certificate of registration by the Department of the State Fire Marshal. (2) The storage of explosives must be in compliance with all applicable requirements of: (a) NFPA 495, E…

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 4…

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 co…

837-012-1320 Certificate of Registration of Magazine — With Bureau of Alcohol, Tobacco, Firearms and Explosives Inspection (1) The Department of the State Fire Marshal may accept an inspection completed by BATFE in lieu of the Department of the State Fire Marshal inspection. (2) …

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 fo…

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 inspe…