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 is to provide guidance for clearances upon which the local fire authority and law enforcement authority may base their approval or denial 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 must 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 is the responsibility of the Department of the State Fire Marshal. (b) When unusual or safety threatening conditions exist, the local fire authority may 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 must 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 must 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 not included. See ED. NOTE. (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 must be located so the trajectories of the aerial shells do not come within 25 feet of any overhead object. (8) Ground display pieces must 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 multi-shot devices, the minimum separation distance must be increased to 140 feet minimum or 100 feet per inch of shell diameter. Example: 1.75" artillery type mortar shells must have a minimum separation distance of 175'. EXCEPTION: Limited display permit that authorize only retail fireworks may not be subject to the 140 foot separation requirement. Separation requirements for limited display permit authorizing only the use of retail fireworks are 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 must 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 must 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 may not be discharged within 100 feet of any tent or canvas shelter. Unauthorized tents may not be located within the display site. (12) Fallout areas: (a) The fallout area must be a large, open area; (b) Spectators, vehicles, or readily combustible materials may not be located within the fall out area during the display. [ED. NOTE: Figures & tables referenced are available from the agency.] [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025 OSFM 85-2023, 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 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