Title 38, Protection from Fire

All blasting powder and fuse shipped into this state for use, or manufactured in this state for use in this state, shall have stamped or printed upon the outside of the original package, box, case or wrapper the date of manufacture of the contents.

Whenever any blasting powder shows a state of disintegration or decomposition sufficient so that it remains in a soft condition in a temperature of 32 degrees Fahrenheit, or is in a state of crystallization, which is revealed by some portions being in a hard condition and surroun…

Whenever any fuse shows by its appearance to have been overheated, or if it is in a hard and brittle condition, which is seen by breaks and cracks in the wrapper around the outside of the fuse, the same shall be declared unfit for use and sale, and its use is forbidden.

No person shall sell or exchange, or offer or expose for sale or exchange, or have in possession for use by employees of the person: (1) Any blasting powder or fuse which has not been stamped or printed upon as required in ORS 480.010. (2) Any blasting powder of which the sale an…

No person shall transport, carry or convey, or have transported, carried or conveyed, any dynamite, gunpowder or other like explosives, between any places in Oregon, on any car or other vehicle of any description operated by a common carrier which car or vehicle is carrying passe…

No person shall transport, carry or convey, or have transported, carried or conveyed, liquid nitroglycerine, fulminate in bulk in dry condition, or other like explosives, between any places in Oregon, on any car or other vehicle of any description operated by a common carrier in …

(1) No person shall possess a fire bomb. For the purpose of this section a “fire bomb” is a breakable container containing a flammable liquid with a flash point of 150 degrees Fahrenheit or less, having an integral wick or similar device capable of being ignited, but no device co…

(1) In addition to any other legal requirements, all users of explosives shall be responsible for the removal of all unused explosives from any area of use after the work for which the explosive was required is completed or when the user is absent for more than 30 days from the a…

Persons violating ORS 480.085 are subject to the penalty provided in ORS 480.990 (4) and are liable in civil action for damages to any person suffering injury from handling or otherwise coming in contact with unused explosives that are left in an area of use in violation of ORS 4…

As used in ORS 480.111 to 480.165: (1) “Cone fountain” means a cardboard or heavy paper cone that: (a) Contains 50 grams or less of pyrotechnic composition; (b) If mounted on a common base with other cones having less than one-half inch of separation, results, when measured in co…

(1) No person shall sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks within Oregon, except as follows: (a) Sales by manufacturers and wholesalers to customers residing outside this state in accordance with ORS 480.156; (b) Sales …

(1) As used in this section, “responsible charge” means ownership, a leasehold, management or authority to act as the representative of an owner, lessee or manager. (2) The State Fire Marshal may adopt rules for the use of fireworks to repel birds or other animals. (3) A person h…

Notwithstanding the provisions of ORS 480.111 to 480.165, fireworks may be purchased, maintained, used and exploded by federal or state agencies authorized and required by ORS 610.002 to 610.020 to eradicate and control predatory animals. Such purchase and use shall be in complia…

(1) Any person who desires to sell consumer fireworks at retail to individual members of the general public for personal use shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale. The State Fire Marshal shall issue the perm…

(1) All persons, municipalities, associations or organizations or groups of individuals desiring to sell, discharge, fire off, explode or display fireworks for a public display, or to sell consumer fireworks to persons who possess the permit referred to in ORS 480.127, shall appl…

(1) Every such display held within the boundaries of any municipality shall be under the supervision of the chiefs of police and fire departments of the municipalities in which the display is to be held and shall be of such character, and so located, discharged or fired as, in th…

(1) The State Fire Marshal may adopt reasonable rules for granting permits for supervised public displays or sales of fireworks by municipalities, fair associations, amusement parks, and other persons, organizations or groups of individuals. The governing body of any municipality…

(1) No person shall publish or cause to be published: (a) Any advertisement for the sale of fireworks the use or possession of which is declared unlawful by ORS 480.111 to 480.165. (b) Any advertisement for the sale of fireworks in any county, municipality or fire protection dist…

(1) Each manufacturer or wholesaler of fireworks shall keep a record of all sales showing the name and address of the purchaser, the state of destination, license and permit numbers, the state and date of permit issuance and a list of the type and quantity of fireworks sold. (2) …

(1) It is unlawful for any person to sell fireworks at wholesale to any out-of-state resident who does not possess and present to the seller for inspection at the time of sale a valid license or permit issued in the name of such out-of-state resident, if such license or permit is…

(1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by a public fire agency in suppressing fires caused by use of fireworks by such minor child. However, a parent who is not entitled to lega…

(1) Nothing in ORS 480.111 to 480.165, nor in any permit issued thereunder, shall authorize the manufacture, sale, use or discharge of fireworks in any city, county or fire protection district in which such manufacture, sale, use or discharge is otherwise prohibited by law or mun…

(1) In addition to any other penalty provided by law, any person who violates any provision of ORS 480.111 to 480.165, or any rule adopted by the State Fire Marshal pursuant thereto, is subject to a civil penalty imposed by the State Fire Marshal in an amount not to exceed $500 p…

As used in ORS 480.200 to 480.290 unless the context requires otherwise: (1) “Certificate of possession” means a certificate issued under ORS 480.235 by the State Fire Marshal to applicants who have met the requirements of ORS 480.200 to 480.290. (2) “Certificate of registration”…

ORS 480.200 to 480.290 and 480.990 (6) do not apply to: (1) The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized public law enforcement ag…

(1) A person may not possess an explosive unless: (a) The person has in immediate possession at all times during the possession of the explosive a valid certificate of possession issued to the person under ORS 480.235; (b) The person possesses a license or permit issued by the Bu…

Possession of an explosive may not be transferred unless: (1) The transferee holds a certificate of possession under ORS 480.235 and the certificate is valid at the time of the transfer; (2) The transferee holds a license or permit issued by the Bureau of Alcohol, Tobacco, Firear…

(1) A person is eligible for a certificate of possession under ORS 480.235 if: (a) The person has not been convicted, or found guilty except for insanity under ORS 161.295, of a misdemeanor involving violence, as defined in ORS 166.470, within the previous four years. A person wh…

A person desiring a certificate of possession shall apply on application forms provided by the Department of the State Fire Marshal. The forms shall be completed in full and shall include: (1) The applicant’s legal name, current address and current telephone number; (2) The appli…

(1) A certificate of possession shall be issued or denied within 45 days after the date of the application or the conclusion of the investigation conducted by the issuing authority pursuant to subsection (2) of this section. (2) The issuing authority shall conduct an investigatio…

Any applicant for the renewal of an unexpired certificate of possession issued on or after June 1, 2000, shall not be required to retake the safety examination described under ORS 480.225 (1)(j) to obtain the renewal unless the applicant has allowed the certificate to lapse. All …

(1) A person may store explosives only in an explosives magazine that has been issued a certificate of registration by the State Fire Marshal or has been approved by the Bureau of Alcohol, Tobacco, Firearms and Explosives for storing that type of explosive. (2) An application for…

The loss, theft or unlawful removal of an explosive from the possession of any person shall be reported by the person within 24 hours to the issuing authority and a law enforcement agency of this state. The report shall include the type and quantity of the explosive. [1971 c.518 …

(1) The issuing authority may suspend or revoke a certificate of possession if the issuing authority finds that the person to whom the certificate of possession was issued is ineligible for the certificate of possession under ORS 480.225 or 480.230 or that the person has been con…

An applicant who has been denied a certificate of possession or a certificate of registration or a person whose certificate of possession or certificate of registration has been suspended or revoked is entitled to a hearing before the issuing authority under ORS chapter 183. [197…

(1) The State Fire Marshal shall administer and enforce ORS 480.200 to 480.290 and 480.990 (6) and may, in accordance with the applicable provisions of ORS chapter 183, adopt rules considered to be necessary in carrying out ORS 480.200 to 480.290 and 480.990 (6). The rules adopte…

(1) Each person who drives or has charge of a vehicle transporting explosives must comply with the requirements of the United States Department of Transportation. (2) Except as provided in subsection (3) of this section, the driver of a vehicle transporting any quantity of explos…

As used in ORS 480.310 to 480.385: (1) “Class 1 flammable liquids” means liquids with a flash point below 25 degrees Fahrenheit, closed cup tester. (2) “Nonretail facility” means an unattended facility where Class 1 flammable liquids are dispensed through a card or key activated …

(1) A filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail may not designate more than the same number of fuel dispensing devices for self-service use by customers as are designated for attended service by an owner, …

An owner, operator or employee of a filling station, service station, garage or other dispensary where Class 1 flammable liquids, except aviation fuels, are dispensed at retail may not install or use or permit the use of a device that permits the dispensing of the liquids when th…

(1) As used in this section, “rural Oregon” means Baker, Clatsop, Crook, Curry, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties. (2) Subject to subsection (3) of this section, …

A filling station, service station, garage or other dispensary subject to ORS 480.332 or 480.341, that makes an owner, operator or employee available for dispensing Class 1 flammable liquids, shall provide equal access to the dispensing services of the dispensary to persons with …

The owner, operator or employee of a dispensing facility may permit nonretail customers other than the owner, operator or employee to use or manipulate at the dispensing facility a card activated or key activated device for dispensing Class 1 flammable liquids into the fuel tank …

Notwithstanding any restriction in ORS 480.332, 480.341 or 480.345, during an emergency as defined in ORS 401.025, the owner, operator or employee of a dispensing facility may permit nonretail customers, other than the owner, operator or employee, to use or manipulate at the disp…

(1) A nonretail facility may not operate without a license issued under this section. (2) The State Fire Marshal shall issue a nonretail facility license to a person if the person submits an application to the State Fire Marshal on a form approved by the State Fire Marshal for ea…

In accordance with ORS chapter 183, the State Fire Marshal may revoke or suspend or may refuse to issue or renew a nonretail facility license if the State Fire Marshal finds that an applicant or a person to whom the license was issued: (1) Falsified the application for the licens…

(1) The State Fire Marshal may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine compliance with any provision of ORS 480.310 to 480.385 or any rule adopted by the State Fire Marshal. (2) If a pers…

(1) The State Fire Marshal shall conduct an annual safety inspection at all nonretail and dual operations facilities dispensing Class 1 flammable liquids to determine if the facility is operating in compliance with the provisions of ORS 480.310 to 480.385 or of any applicable rul…

In accordance with applicable provisions of ORS chapter 183, the State Fire Marshal, in consultation with the Department of Environmental Quality, shall adopt rules: (1) Necessary for the administration of ORS 480.310 to 480.385; (2) Establishing standards for the design, constru…

(1) The State Fire Marshal may impose a civil penalty not to exceed $500 for each violation of any provision of ORS 480.310 to 480.385 or of any applicable rule adopted by the State Fire Marshal. (2) A civil penalty imposed under this section shall become due and payable 10 days …