justicedao/ipfs_state_laws huggingface dataset:
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 fireworks display and arising from any acts of any person or agents, employees or subcontractors of the person. NOTE: Local Fire Authorities often require the industry standard amount of liability insurance of $1 million. 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 7-2002, f. & cert. ef. 6-20-02 OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02 FM 2-1992, f. & cert. ef. 3-10-92
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 alternative determined by the Local Fire Authority Must be provided. 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 7-2002, f. & cert. ef. 6-20-02 OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02 FM 2-1992, f. & cert. ef. 3-10-92
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 report is accurate. Certification and future permits may be denied, suspended, or revoked for false reporting or failure to complete the report. (2) The operator must provide the information on the report form provided by the State Fire Marshal. At a minimum, each report must 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 State Fire Marshal; (d) The date and time of day the display was actually held; (e) The location of the display. Include address 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, or supervising the display. The list must 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 must include the name, mailing address, telephone number, and a description of duties performed for each assistant; (i) A list of all fireworks that were duds, malfunctioned, or were defective. For each firework listed, the report must 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 must be listed separately, and include the name of the firework, when known, that injured the person, the 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 must be listed separately and include the name of the firework, when known, that started the fire, the cause of the fire, and a brief description of the damage that occurred. 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 7-2002, f. & cert. ef. 6-20-02 OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02 FM 6-1993, f. & cert. ef. 12-10-93 FM 2-1992, f. & cert. ef. 3-10-92
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 through 480.165 and the rules adopted thereto including, but not limited to, those for fireworks displays, pest control use of fireworks, wholesale and retail sales of fireworks, special effect fireworks, and manufacturing of fireworks. 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. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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 in ORS 476.060, to issue citations and proposed penalties. (3) Each violation is classified and penalty assessed according to violation type and instance. 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. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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. 7-1-14 FM 3-1993, f. & cert. ef. 6-10-93
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. (3) Fire authorities may apply these rules per ORS 476.060. (4) A citation describing the violation and assessed penalty may be issued to persons in non-compliance with ORS 480.111 through 480.165 or OAR chapter 837, division 12. (5) Each separate instance of non-compliance with ORS 480.111 through 480.165 or OAR chapter 837, division 12 is considered a separate violation. (6) Each day that a violation continues is 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 person violating ORS 480.111 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 480.111 through 480.165 to any person who fails to pay a penalty assessed under these rules. (10) The penalty for each violation ranges from $0 to $500 a day depending upon the type and instance of the violation. (11) Any person who willfully or negligently sets a fire or causes a fire to be set for which efforts to control or extinguish the fire in order to protect forestland within a forest protection district from fire are exerted by the forester or any forest protective association or agency under contract or agreement with the State Board of Forestry is liable for the actual costs incurred by the forester, association or agency in such efforts in accordance with ORS 477.085. 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. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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; (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 is a guideline for penalty assessments. Also refer to OAR 837-12-1130 through 837-12-1160. Table not included. See ED. NOTE. [ED. NOTE: Tables referenced are available from the agency.] 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. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 Reverted to 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 FM 3-1993, f. & cert. ef. 6-10-93
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. (2) A citation may impose a penalty or provide a warning (OAR 837-12-1050, Table 2). (3) The citation must be forwarded to the Department of the State Fire Marshal within ten days of issuance. Where possible, each citation may 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 Department of the State Fire Marshal will issue a notice of civil penalty based upon the information contained in the citation and any accompanying documentation. [ED. NOTE: Tables and Forms referenced are available from the agency.] Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 82-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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 requests a hearing is 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 must be conducted as a contested case hearing according to the provision of the Administrative Procedures Act (APA) ORS 183.413 to 183.470. Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 81-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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 formal hearing must 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) Must be addressed to the Department of the State Fire Marshal; and (b) Must clearly state the subject to be discussed. (4) An informal conference concerning civil penalties may 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. Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 80-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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 conduct the formal hearing. (3) The Department of the State Fire Marshal will set a date, time, and location for the formal hearing. (4) The Department of the 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 will 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 Department of the State Fire Marshal may or may not elect to be represented by legal counsel; (d) Testimony must 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 must be reviewed by the State Fire Marshal and, if accepted, finalized and issued as a final order. NOTE: Final orders must be forwarded to the authority issuing the citation within ten days of signing of the final order. Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 79-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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 conformance with OAR 837-12-1050 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 Department of the 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. Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 78-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 FM 3-1993, f. & cert. ef. 6-10-93
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 becomes final may be recorded with the county clerk in any county in Oregon. (3) Upon recording of the penalty, the county clerk must record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 77-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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 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. 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. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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 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 100 feet of any fireworks stand. 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. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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 of illegal 1.4g fireworks; (b) Sale of any amount of 1.4g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, 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 Department of the 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 Department of the State Fire Marshal and, where required, the local authority having jurisdiction; (h) Use of fireworks in a manner that presents a danger to life or property. Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 76-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 Reverted to 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 FM 3-1993, f. & cert. ef. 6-10-93
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 1.3g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction; (b) Conducting a fireworks display without the necessary permits or pyrotechnician certification issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction (c) Purchase of any amount of 1.3g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, 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 Department of the State Fire Marshal and, where required, the local authority having jurisdiction; (e) Conducting a fireworks 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. Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 75-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 1-2001, f. & cert. ef. 1-23-01 FM 3-1993, f. & cert. ef. 6-10-93
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, storing, using, and transporting explosives. (2) The scope of these rules applies to the implementation of ORS 480.200 through 480.290. Statutory/Other Authority: ORS 476.030 & 480.280 Statutes/Other Implemented: ORS 480.200 - 480.290 History: OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00