justicedao/ipfs_state_laws huggingface dataset:
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 of the State Fire Marshal may not approve a permit application, or issue a display permit, without the prior approval of the local fire authority and law enforcement authority. (3) The Department of the State Fire Marshal will assign a unique number to each display permit issued. (4) Only one display permit may be issued for a display site for a particular date and time. Multiple permits may be issued for the same display site and the same day, but not for the same time. (5) The Department of the State Fire Marshal will mail the original display permit to the individual who completed the display permit application at the mailing address of the individual completing the display permit application listed on the display permit application. (6) Display permit holders may request a duplicate copy of their permit by certifying to the Department of the State Fire Marshal, in writing, that their permit has been lost, stolen, or destroyed. Written requests must be signed and dated by the display permit holder. (7) A display permit is valid only for the date, time, and display site listed on the permit. (8) A display permit authorizes the display permit holder to purchase, transport, possess and store display fireworks, for the purposes of holding the approved display, when those activities are otherwise in conformance with the applicable requirements of ORS 480.111 - 480.165, OAR chapter 837, division 12 and any other federal, state or local laws, rules or regulations pertaining to fireworks. (9) A display permit authorizes a display only: (a) At the display site diagrammed on the display permit application and listed on the display permit; (b) On the date and time listed on the display permit; and (c) Conducted by the operator and assistants listed on the display permit. (10) A display permit authorizes the use and discharge of only the type and quantity of display fireworks listed on the display permit. (11) A display permit does not authorize the sale, purchase, possession, storage, discharge or provision by any other means of any fireworks except as specifically stated on the display permit. (12) The issuance of a display permit does not in any way constitute approval by the Department of the State Fire Marshal of any display fireworks sold, purchased, possessed, stored provided or discharged pursuant to the display permit. Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 94-2023, 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 3-2003, f. & cert. ef. 2-10-03 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
837-012-0770 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 first apply for and obtain an operator certificate issued by the Department of the State Fire Marshal. (3) All information provided by the applicant on the operator certificate application must be true and correct to the applicant's knowledge. (4) Completed operator certificate applications must be postmarked by a United States Postmark, or received by the Department of the State Fire Marshal at least 90 days prior to the date of the first display at which the applicant intends to participate as the operator. Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 93-2023, 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
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 within three years of the date of application: (A) Participation means completing any of the following duties: firing of the display, installation of mortars, installation of set pieces, loading shells, after-display clean-up and inspection, installation of electrical firing system, and tending the magazine, which may include reloading the mortars. (B) At a minimum, an applicant must have installed mortars, loaded shells, and participated in after-display clean-up and inspection on all three displays in Oregon. (C) At a minimum, an applicant must have manually fired on at least one of the three displays required for certification. (D) The Department of the State Fire Marshal may review after-show reports as proof of an applicant's requisite participation. (c) Must have passed a written examination, administered by the Department of the State Fire Marshal; and (A) The purpose of the examination is to assess the applicant's knowledge of ORS 480.111–480.165 and OAR 837-012-0700–837-012-0970. (B) To pass the examination, the applicant must answer 80% or more of the examination questions correctly. (d) Must have attended and completed one training course, approved by the Department of the State Fire Marshal and administered by an instructor certified by the Department of the State Fire Marshal. (2) To be eligible for a limited operator certificate, an applicant must comply with the following: (a) Must be at least 18 years of age; and (b) Must certify that the applicant is knowledgeable of the applicable requirements of ORS 480.111– 480.165 and OAR chapter 837, division 12. (3) Any individual who desires to participate in a general display or limited display as an assistant must comply with the following: (a) Be at least 18 years of age; and (b) Work under the direct supervision and control of a general operator or limited operator. Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 92-2023, 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 3-2003, f. & cert. ef. 2-10-03 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 2-1993(Temp), f. & cert. ef. 6-10-93 FM 2-1992, f. & cert. ef. 3-10-92
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 assign a unique number to each operator certificate issued. (3) The Department of the State Fire Marshal will mail the original operator certificate to the applicant at the mailing address listed on the operator certificate application. (4) Holders of an operator certificate may request a duplicate copy of the certificate by certifying to the Department of the State Fire Marshal, in writing, their operator certificate has been lost, stolen or destroyed. Written requests must be signed and dated by the holder of the operator certificate. (5) An operator certificate allows the holder of the certificate to possess, store, use and discharge display fireworks for purposes of a display when those activities are otherwise in conformance with the applicable requirements of ORS 480.111–480.165, OAR chapter 837, division 12 and any other applicable federal, state or local laws, rules or regulations pertaining to fireworks. (6) A general operator certificate authorizes the holder of the certificate to participate as the operator at either a general display or a limited display. (7) A limited operator certificate authorizes the holder of the certificate to participate as the operator only at a limited display. (8) Only the holder of the operator certificate may engage in the activities authorized by the certificate. (9) An operator certificate does not authorize: (a) The sale or provision of fireworks; or (b) The purchase, transportation, possession or storage of fireworks. (10) An operator certificate, and the rights conveyed by the certificate, is not transferable. (11) An operator certificate is valid for three years from the date of issue unless revoked or suspended. 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 91-2023, 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 3-2003, f. & cert. ef. 2-10-03 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 2-1993(Temp), f. & cert. ef. 6-10-93 FM 2-1992, f. & cert. ef. 3-10-92
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. General operators whose certificate expires are required to retake the qualifying examination. (3) Applications for renewal of an operator certificate must be received by the Department of the State Fire Marshal at least 90 days prior to the expiration date of their current certificate. (4) All other requirements for the issuance of a renewal operator certificate are the same as for the issuance of the original certificate, with the exception of the manual firing requirement. Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 90-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 3-2023, amend filed 04/27/2023, effective 05/01/2023 OSFM 4-2021, amend filed 01/14/2021, effective 01/14/2021 OSFM 1-2021, amend filed 01/13/2021, effective 01/13/2021 OSFM 5-2020, temporary amend filed 06/18/2020, effective 06/18/2020 through 12/14/2020 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 1-1996, f. & cert. ef. 1-18-96 FM 1-1995, f. 8-14-95, cert. ef. 8-15-95 FM 6-1993, f. & cert. ef. 12-10-93 FM 2-1993(Temp), f. & cert. ef. 6-10-93 FM 2-1992, f. & cert. ef. 3-10-92
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 following requirements: (a) Be currently certified as a general display operator under OAR 837-012-0790; and (b) Has been a general display operator consecutively for six years prior to the date of training. If the instructor has not been consecutively certified for six years prior to the date of training, then the instructor must be approved by the Department of the State Fire Marshal prior to providing the general operator certification training or the training may not be accepted by the Department of the State Fire Marshal for general operator certification. Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 89-2023, 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 3-2003, f. & cert. ef. 2-10-03 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 2-1993(Temp), f. & cert. ef. 6-10-93 FM 2-1992, f. & cert. ef. 3-10-92
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 at a minimum the training course developed by the Department of the State Fire Marshal. (3) Any training course not developed by the Department of the State Fire Marshal does not comply with OAR 837-012-0780(1)(d). (4) The Department of the State Fire Marshal may update the training course annually to ensure it is consistent and current with federal and state laws, rules and regulations pertaining to fireworks displays. Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 88-2023, 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 3-2003, f. & cert. ef. 2-10-03 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 2-1993(Temp), f. & cert. ef. 6-10-93 FM 2-1992, f. & cert. ef. 3-10-92
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. Stabilization may be accomplished by using stakes, legs, A-frames, side-boards, or equivalent means. Inherently stable means if the base of the rack, before being loaded with fireworks, were tipped 50 degrees from the horizontal in any direction, it would then return to the horizontal position. (3) Mortar racks must be oriented, angled, or oriented and angled in such a way to maximize spectator safety. Statutory/Other Authority: ORS 476.030 & 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
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 removed before the display. (3) Combustible materials must be removed or adequately protected as approved by the fire authority if deemed a fire hazard by the fire authority. (4) Poles for ground display pieces must be securely placed and firmly braced so they will not fall over during functioning of the firework device. (5) Specific instructions from the supplier must accompany all ground display pieces. A list of required accessories also must be supplied. 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
837-012-0890 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 allowed. Any shells or components found during the search must not be handled until at least fifteen minutes have elapsed from the time the shells or components were fired. The fireworks must then be doused with water and allowed to remain for at least five more minutes before being cautiously placed in a plastic bucket or fiberboard box. The wholesaler who supplied the fireworks must be contacted as soon as possible for disposal instructions. (2) Mortar inspection and removal may be conducted upon the elapse of not less than 10 minutes from the completion of the display to allow for mortar cool-down or misfires. (3) When fireworks are displayed at night and it is not possible to thoroughly inspect the site, the operator must ensure the entire site is re-inspected very early the following morning. 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
837-012-0900 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, Oregon Structural Specialty Code as adopted by the Oregon Building Codes Division pursuant to OAR 918-460-0010, and NFPA 1124 Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2013 Edition, these rules or requirements of the local fire authority. (2) Applicants must also provide a complete and detailed description of how and where they will store Fireworks in their possession before, during and after the display. The description must include: (a) The address of the storage site and the location of the storage areas at the storage site; (b) The dates the fireworks will be at each storage site; and (c) The type of magazine in which the fireworks are to be stored. (3) Fireworks may be stored up to a maximum of 30 days prior to the display. (4) Unused fireworks must be returned to the wholesaler who provided them within 7 days after the display date. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 6-2006, f. & cert. ef. 3-10-06 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
837-012-0910 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) Only authorized individuals will be allowed within the discharge site. (4) No individual may maintain or allow the existence of a fire hazard at any location under their control where fireworks are stored, transported, sold, or used. (5) No permit holder may use: (a) Any fireworks that have been altered; (b) Any fireworks other than those supplied or distributed by a person with a current Oregon wholesale fireworks permit. (6) No person who has been cited or arrested for fireworks violations or who has had a wholesale, retail fireworks permit or operator certificate suspended or revoked may participate in any manner in the fireworks display, including storage, distribution, or transportation of pyrotechnics for a period not to exceed three years. (7) The permit does not authorize the manufacture, sale, use, discharge or possession of fireworks in any city or county in which such devices are prohibited by law or ordinance. (8) Permit holders may not use, explode or have exploded any fireworks device that has not been approved, certified or listed for transport by the U.S. Department of Transportation or has a U.S. Bureau of Explosive Temporary Transfer Permit. 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 6-2006, f. & cert. ef. 3-10-06 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
837-012-0920 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 request, the records for each shipment received must be readily available for review and inspection by the local fire authority or representatives of the State Fire Marshal. (3) All records must be clear, legible, accurate, and maintained for three years from the date of receipt of the fireworks. The records must be submitted to the local fire authority or the State Fire Marshal upon request. NOTE: The Wholesaler from whom the Fireworks were purchased may maintain the records. 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 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
837-012-0940 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) Confiscate, remove or have removed at the violator’s expense all fireworks offered for sale, used, transported, stored, or possessed in violation of these rules; and (b) Destroy seized fireworks when it has been determined that destruction is necessary for the preservation of public safety or health, that the sale, transport, storage or possession of the seized fireworks was in violation of the laws and rules of the State of Oregon or the ordinances of local municipalities. NOTE: Upon the confiscation or prior to the destruction of any seized pyrotechnics, the person responsible for the confiscation or destruction, may contact the person who the fireworks were seized from. (2) All civil disputes arising as a result of the administration and enforcement of these rules and regulations may be referred to the State Fire Marshal who has the final administrative authority in all cases. (3) Violation of any provision of ORS 480.111 through 480.160 is a Class B misdemeanor. Violations thereof may be prosecuted in state or municipal courts when violations occur within the municipality served thereby. Justice and district courts have concurrent jurisdiction with circuit courts in all proceedings arising within ORS 480.111 to 480.160: (a) The sentence for a Class B misdemeanor is set forth by ORS 161.615; (b) The sentence to pay a fine for a Class B misdemeanor is set forth by ORS 161.635 and 161.655. (4) If a person has gained money or property through commission of a misdemeanor or violation, then upon conviction thereof, the court, instead of imposing the fine authorized by these rules, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant's gain from the commission of the offense in accordance with ORS 161.635 and 161.655. 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 3-2003, f. & cert. ef. 2-10-03 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