justicedao/ipfs_state_laws huggingface dataset:
837-012-0615 General (1) Retailers desiring to engage in other types of fireworks activities, including wholesale sales, displays or pest control use, must meet all applicable requirements in ORS 480.111 through 480.165 and OAR chapter 837, division 12, including those pertaining to obtaining permits for such activities from local and state authorities. (2) Retail permit holders must comply with all applicable federal, state and local laws, rules and regulations, pertaining to fireworks, including: (a) ORS 480.111 through 480.165; (b) All applicable requirements of OAR chapter 837, division 12; (c) OFC and (d) OSSC. (3) Retail permit holders must notify the Department of the State Fire Marshal, verbally or in writing, within 24 hours of the date of change, of: (a) The retail permit holder's mailing address or telephone number; or (b) The mailing address or 24-hour contact number for the individual responsible for sales. (4) Retail permit holders must notify the Department of the State Fire Marshal and the local fire authority, in writing of a change in the identity of the individual responsible for sales at least 24 hours before the new individual becomes the individual responsible for sales. Such a change is subject to the prior approval of the local fire authority and the Department of the State Fire Marshal. (5) Exempt fireworks are exempt from the permit requirements set forth in ORS 480.111 through 480.165 and OAR chapter 837, division 12. Exempt fireworks may be sold and purchased without either the seller or purchaser having to first obtain a permit issued by the Department of the State Fire Marshal. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025 OSFM 108-2023, 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 3-2005, f. & cert. ef. 2-15-05 OSFM 2-2003, f. & cert. ef. 2-10-03 OSFM 11-2001, f. & cert. ef. 12-14-01 OSFM 14-2000, f. & cert. ef. 12-4-00 Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99 OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00 OSFM 2-1999, f. & cert. ef. 6-21-99 Reverted to FM 4-1990, f. & cert. ef. 7-10-90 OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99 FM 4-1990, f. & cert. ef. 7-10-90 FM 1-1990(Temp), f. & cert. ef. 1-12-90
837-012-0625 Retail Permit Fees (1) Permit fees shall be paid to the Department of the State Fire Marshal and must accompany the permit application. (2) Payment may be made by personal check, business check, cashier’s check, money order, online or other approved OSFM methods, and made payable to the Department of the State Fire Marshal. (3) The permit fee for each permit application is $100. (4) Permit fees are non-refundable and non-transferable. Statutory/Other Authority: ORS 476 & ORS 480 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025 OSFM 106-2023, 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 1-2009, f. 4-9-09, cert. ef. 4-10-09 OSFM 9-2008(Temp), f. 11-14-08, cert. ef. 11-17-08 thru 5-8-09 OSFM 5-2006, f. & cert. ef. 3-10-06 OSFM 2-2006(Temp), f. & cert. ef. 2-13-06 thru 3-10-06 OSFM 13-2005(Temp), f. & cert. ef. 8-16-05 thru 2-11-06 OSFM 3-2005, f. & cert. ef. 2-15-05 OSFM 11-2001, f. & cert. ef. 12-14-01 OSFM 14-2000, f. & cert. ef. 12-4-00 FM 4-1990, f. & cert. ef. 7-10-90 FM 1-1990(Temp), f. & cert. ef. 1-12-90
837-012-0635 Purchase of Retail Fireworks by Retail Permit Holder (1) Retail permit holders must purchase or otherwise obtain retail fireworks only from wholesalers who possess a valid and current wholesale permit issued by the Department of the State Fire Marshal. (2) A retail permit holder must purchase or otherwise obtain retail fireworks only from the wholesaler listed on the retail permit. (3) If the wholesaler who supplies the retail fireworks to the retail permit holder is different from the wholesaler listed on the retail permit, the retail permit holder must notify, in writing, the Department of the State Fire Marshal and local fire authority of the change at least 24 hours prior to purchasing the retail fireworks from the wholesaler. (4) Prior to acceptance of retail fireworks from a wholesaler, the retail permit holder must confirm that the outside of all cartons, containers, or cases of retail fireworks, and any accompanying documentation are imprinted or affixed with the wholesale permit number pursuant to OAR 837-012-0525(13). (5) Prior to acceptance of retail fireworks from a wholesaler, the retail permit holder must confirm that the outside of all cartons, containers, or cases of retail fireworks and any accompanying documentation are imprinted or affixed with the full name and retail permit number of the retail permit holder. (6) Retail permit holders may not accept any cartons, containers, or cases of retail fireworks or accompanying documentation that does not show the information required pursuant to subsections (4) and (5) of this rule. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 104-2023, 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 9-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 2-2003, f. & cert. ef. 2-10-03 OSFM 11-2001, f. & cert. ef. 12-14-01 OSFM 14-2000, f. & cert. ef. 12-4-00 Reverted to FM 4-1990, f. & cert. ef. 7-10-90 OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00 FM 4-1990, f. & cert. ef. 7-10-90 FM 1-1990(Temp), f. & cert. ef. 1-12-90
837-012-0640 Permits — Denial, Suspension and/or Revocation (1) The Department of the State Fire Marshal may deny, suspend or revoke a retail permit if a retail permit holder, or an applicant, fails to comply with ORS 480.111 through 480.165 or OAR chapter 837, division 12. (2) The period of denial, suspension or revocation may not exceed three years. In determining the appropriate sanction, the Department of the State Fire Marshal must consider the following criteria: (a) The severity of a violation and the impact on public safety, particularly whether the circumstances of the violation presented a significant fire hazard or other public safety danger; (b) The number of similar or related violations alleged to have been committed in the current transaction, event or occurrence; (c) Whether the violation was willful or intentional; (d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the retail permit holder or applicant; and (e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation. (3) Suspension or revocation of a retail permit may include suspension or revocation of the current permit and the right to apply for a subsequent permit. (4) The Department of the State Fire Marshal may deny, suspend, or revoke all retail permits issued to a retail permit holder for each of the permit holder's or applicant's retail sales outlet pursuant to OAR 837-012-0620(2). Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165 History: OSFM 103-2023, 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 9-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 11-2001, f. & cert. ef. 12-14-01 OSFM 14-2000, f. & cert. ef. 12-4-00 Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99 OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00 OSFM 2-1999, f. & cert. ef. 6-21-99 Reverted to FM 4-1990, f. & cert. ef. 7-10-90 OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99 FM 4-1990, f. & cert. ef. 7-10-90 FM 1-1990(Temp), f. & cert. ef. 1-12-90
837-012-0655 Indoor Sales (1) The location of an indoor retail sales outlet may not present a significant risk of fire or injury to those individuals conducting sales of retail fireworks, individual members of the general public, and any surrounding property. (2) A specific area inside the building must be designated and maintained as the sales display area. (3) The location of the sales display area shall not hinder or block any exit, including, if applicable, a required check-stand exit. (4) The individual responsible for sales must regularly monitor and oversee retail operations at the retail sales outlet to ensure the sales display and storage areas are orderly and maintained in accordance with these rules. (5) Retail fireworks, in excess of those needed for the sales display, may be stored inside the retail sales outlet only if they are separated from all sales display areas, exits, flammable and highly combustible materials and public access areas to the building, in accordance with local fire authority requirements and these rules. This subsection does not apply to tents or canopies. (6) Fire extinguishers must be placed throughout the indoor retail sales outlet in the quantities and locations required by NFPA 10 and any applicable local ordinances and rules. At a minimum, at least one 2A rated water type fire extinguisher, or an equivalent water type fire extinguishing system, as approved by the local fire authority must be placed at the outlet. (7) Smoking at an indoor retail sales outlet by the retail permit holder, individual responsible for sales or an employee or volunteer of the retail permit holder may be the basis for suspension or revocation of the retail permit. (8) All trash, rubbish, empty boxes and discarded retail fireworks wrapping or packaging must be removed daily or more often as needed, to maintain the sales display and storage areas in a neat and clean manner. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 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 9-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 11-2001, f. & cert. ef. 12-14-01 OSFM 14-2000, f. & cert. ef. 12-4-00 Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99 OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00 OSFM 2-1999, f. & cert. ef. 6-21-99 Reverted to FM 4-1990, f. & cert. ef. 7-10-90 OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99 FM 4-1990, f. & cert. ef. 7-10-90 FM 1-1990(Temp), f. & cert. ef. 1-12-90
837-012-0660 Records and Postings (1) The retail permit must be posted at the retail sales outlet and must be readily visible to all individuals approaching or entering the outlet. (2) A copy of the retail permit may be posted instead of the original if the original is maintained at the outlet and is immediately available for inspection by the local fire authority or the Department of the State Fire Marshal, upon request. (3) A record of each shipment of retail fireworks received by the retail permit holder must be maintained. The record shall include the wholesaler's name, address and wholesale permit number, the retail permit holder's name and permit number, and a complete list of the names and quantities of each type of retail fireworks received. (4) All records described under subsection (3) of this rule must be maintained by either the retail permit holder or the wholesaler who supplied the retail fireworks. The records must be maintained for three years from the date of the retail permit holder's receipt of the shipment. (5) Upon request, the records described in subsection (3) of this rule, must be readily available for review and inspection by the local fire authority or representatives of the Department of the State Fire Marshal. All records must be clear, legible, and accurate. (6) Retail permit holders must maintain at all times a list of employees or volunteers, including their names, addresses, ages, and phone numbers. Upon request, a legible copy of the list must be provided immediately to the Department of the State Fire Marshal or the local fire authority. (7) All persons possessing, for 30 days or more, more than ten pounds of retail fireworks must annually complete and submit the hazardous substance survey pursuant to ORS 453.307 to 435.372 and OAR chapter 837, division 85. Contact the Department of the State Fire Marshal for survey forms and instructions. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165 History: OSFM 101-2023, 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 11-2001, f. & cert. ef. 12-14-01 OSFM 14-2000, f. & cert. ef. 12-4-00 OSFM 2-1999, f. & cert. ef. 6-21-99 Reverted to FM 4-1990, f. & cert. ef. 7-10-90 OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99 FM 4-1990, f. & cert. ef. 7-10-90 FM 1-1990(Temp), f. & cert. ef. 1-12-90
837-012-0665 Advertisements (1) No person may publish or cause to be published: (a) Any advertisement, for distribution to individual members of the general public, concerning the sale of fireworks which have been declared unlawful by ORS 480.111 to 480.165, or these rules, for individual members of the general public to purchase, use, store, transport, sell, discharge, or possess; (b) Any advertisement for the sale of consumer fireworks in any county, municipality or fire protection district that by law or ordinance has declared the sale, use, or possession of such items to be prohibited. (2) Section (1) of this rule does not apply to advertisements placed in media when the primary distribution of that media is into areas which allow the fireworks even though some secondary distributions of that media may occur into areas which prohibit these fireworks. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 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 14-2000, f. & cert. ef. 12-4-00 OSFM 2-1999, f. & cert. ef. 6-21-99 Reverted to FM 4-1990, f. & cert. ef. 7-10-90 OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99 FM 4-1990, f. & cert. ef. 7-10-90 FM 1-1990(Temp), f. & cert. ef. 1-12-90
837-012-0670 Prohibited Acts and Limitations (1) Retail permit holders may not create, maintain or allow the existence of a fire hazard at any location under their control where retail fireworks are stored, transported, sold, or used. (2) Retail permit holders may not sell or provide by any other means including donation: (a) Retail fireworks to any individual members of the general public under 16 years of age; (b) Illegal fireworks to any individual members of the general public; (c) Any retail fireworks that have been altered; (d) Any retail fireworks not supplied and distributed to the retail permit holder by a wholesaler who possesses a valid and current wholesale permit issued by the Department of the State Fire Marshal pursuant to OAR 837-012-0635(1) through (3). (3) No person who has been convicted of a violation of ORS 480.111 through 480.165 or OAR chapter 837, division 12, or who has had any fireworks permit or operator certificate suspended, denied or revoked, may participate in any manner in the storage, distribution, transportation or sale of retail fireworks for a period not to exceed three years. (4) Retail permit holders may not sell, provide, keep, or offer for sale, expose for sale, possess, use, explode or have exploded any retail firework that has not been approved, certified or listed for transport by the United States Department of Transportation and the United States Consumer Product Safety Commission, or does not have a United States Bureau of Explosives Temporary Transfer Permit. (5) No retail sales outlet may be erected prior to the issuance of a retail permit for that retail sales outlet location. (6) No person may sell, transfer or otherwise provide retail fireworks to individual members of the general public without first obtaining a retail permit. (7) A retail permit holder may not employ or have direct business ties with any person whose wholesaler or retail fireworks permit or operator certificate is revoked or suspended. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165 History: OSFM 100-2023, 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 9-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 3-2005, f. & cert. ef. 2-15-05 OSFM 11-2001, f. & cert. ef. 12-14-01 OSFM 14-2000, f. & cert. ef. 12-4-00 Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99 OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00 OSFM 2-1999, f. & cert. ef. 6-21-99 Reverted to FM 4-1990, f. & cert. ef. 7-10-90 OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99 FM 4-1990, f. & cert. ef. 7-10-90 FM 1-1990(Temp), f. & cert. ef. 1-12-90
837-012-0675 Civil and Criminal Enforcement Actions (1) The Department of the State Fire Marshal, local fire authority or law enforcement officials may confiscate, remove or have removed any fireworks offered for sale, sold, provided, transported, purchased or otherwise obtained, stored, used, discharged or possessed in violation of ORS 480.111 through 480.165 or these rules. (2) The retail permit holder, or person responsible for the violation, is responsible for payment of the agency's costs in confiscating or removing any retail fireworks pursuant to subsection (1) of this rule. (3) Upon finding a violation, the Department of the State Fire Marshal may order that any confiscated fireworks be: (a) Returned to the wholesaler who supplied the fireworks; or (b) Disposed of in any manner approved by the Department of the State Fire Marshal, including destruction of the fireworks. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165 History: OSFM 99-2023, 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 11-2001, f. & cert. ef. 12-14-01 OSFM 14-2000, f. & cert. ef. 12-4-00 OSFM 2-1999, f. & cert. ef. 6-21-99 OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99 FM 4-1990, f. & cert. ef. 7-10-90 FM 1-1990(Temp), f. & cert. ef. 1-12-90
837-012-0700 Purpose and Scope—Display of Fireworks in Oregon (1) The purpose of OAR 837-012-0700 through 837-012-0970 is to adopt rules to implement the standards, policies and procedures for fireworks displays. (2) These rules establish application, permit and other requirements for fireworks displays, certification requirements for fireworks displays operators and requirements for fireworks displays assistants. Statutory/Other Authority: ORS 476 & 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
837-012-0710 Effective Dates OAR 837-012-0700 through 837-012-0970 are effective July 1, 2014. 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
837-012-0730 General (1) The location of the display site, the operator or assistant for a display, the date or time of the display, or the quantity of fireworks to be discharged at the display, may be changed if: (a) For the location of the display site only, the proposed new display site is located in the same fire jurisdiction as the display site listed on the display permit; (b) For the operators only, the individual to replace the operator listed on the display permit possesses a current and valid operator certificate. (c) The local fire authority having jurisdiction over the display site and the Department of the State Fire Marshal approves the change prior to the beginning of the display as listed on the display permit; and (d) The change is documented in the after-show report pursuant to OAR 837-012-0970. (2) All displays, all participants in a display, including but not limited to, the monitors, sponsor, wholesaler, operator and assistants must comply with the following: (a) ORS 480.111 through 480.165. (b) All applicable requirements of OAR chapter 837, division 12; (c) Any other applicable federal, state or local, law, rule or regulation pertaining to fireworks. (3) Display permit holders or operator certificate holders desiring to engage in other types of fireworks activities, including wholesale or retail sales or pest control use, must meet all applicable requirements in ORS 480.111 to 480.165 and OAR chapter 837, division 12, including those requiring permit to be obtained from local, state, and federal authorities. (4) Display permit holders may purchase fireworks only from wholesalers having the necessary and current permit required by ORS 480.111 to 480.165 and OAR 837-012-0500 through 837-012-0570. (5) Issuance of a display permit does not constitute an endorsement of the fireworks purchased or sold. Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 97-2023, 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. f. 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
837-012-0750 Display Permit Application Fees (1) Display permit application fees may be paid at, or mailed to, the Department of the State Fire Marshal and must accompany the display permit application. (2) Payment may be made by personal check, business check, cashier's check or money order made payable to the Department of the State Fire Marshal. (3) The display permit application fee for a display permit is $100. (4) Display permit application fees are non-refundable and non-transferable. Statutory/Other Authority: ORS 480.150 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 95-2023, 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 1-2009, f. 4-9-09, cert. ef. 4-10-09 OSFM 9-2008(Temp), f. 11-14-08, cert. ef. 11-17-08 thru 5-8-09 OSFM 6-2006, f. & cert. ef. 3-10-06 OSFM 3-2006(Temp), f. & cert. ef. 2-13-06 thru 3-10-06 OSFM 13-2005(Temp), f. & cert. ef. 8-16-05 thru 2-11-06 OSFM 2-2005, f. & cert. ef. 2-15-05 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