837-012-0650 Outdoor Sales (1) The location of an outdoor retail sales outlet must 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) Every outdoor retail sales outlet must maintain at least one exit opening, or outward swinging exit door, for each 1,000 square feet of area covered or each 20 feet of structure length. The exit opening must be at least two feet wide and five feet high or as required by the local fire authority. (3) Trailers must have their wheels blocked or removed, or the tongue locked. Trailers must be disconnected from any power source which can potentially move the trailer any distance. Any fuel tanks or other ignition sources, including those for propane, must be removed and placed a minimum of 20 feet from the trailer. Individual members of the general public may not have access to the interior of the trailer. (4) Tent and canopy fabrics and any materials used on the floor of the tent or canopy, such as sawdust, must be treated to be fire retardant. (5) Tents having three or more enclosing sides must comply with the requirements for both indoor sales and outdoor sales. (6) Fire extinguishers must be provided at each outdoor retail sales outlet. At a minimum, at least one 2A rated water type extinguisher, or an equivalent water type extinguishing system as approved by the local fire authority must be placed at each retail sales outlet. (7) All electrical wiring, lighting and other electrical fixtures and installations must be in accordance with the OESC and any other applicable state or local requirements. (8) Outdoor retail sales outlets that operate at night must erect and maintain sufficient light fixtures to enable customers and those individuals selling retail fireworks to see all areas of the outlet. Standard electrical installations, battery powered lanterns, street or parking lot lighting or nearby building interior and exterior lighting may be used for this purpose. (9) Outdoor retail sales outlets must be located: (a) At least 50 feet from any dispensary of flammable liquids or gases; (b) At least 15 feet, or as otherwise specified by the local fire authority, from any street or public right-of-way; (c) At least 10 feet from any combustible structures; (d) At least 10 feet from any entrances to, or exits and openings from, any surrounding buildings or structures; and (e) At least 20 feet from exposed heating elements or any other such sources of ignition including fuel-powered electrical generators. (10) A stand including any vertical extensions may not be more than one story in height unless it has sufficient size, weight or tie-downs to prevent toppling in the wind. (11) "No Smoking" signs must be posted on the outside of all enclosing sides of an outdoor retail sales outlets. The signs must be visible to all individuals located at the retail sales outlet. Sign lettering must be red and at least 2-1/2 inches high on a white background. (12) Smoking, open flames, and other such ignition sources or the use of fireworks are prohibited within 100 feet of the retail sales outlet. (13) All fuel used to power electrical generators must be stored in containers listed and approved by Underwriter's Laboratories. (14) Heaters having exposed electrical elements or open flames may not be used at any outdoor retail sales outlet. (15) Outdoor retail sales outlet, and parking for customers of the retail sales outlet, may not impede or endanger the normal flow of traffic on public streets or highways, or parking lots. (16) The retail sales outlet permit holder, individual responsible for sales and any employees or volunteers of the retail permit holder are responsible for maintaining the grounds within 20 feet of the retail sales outlet permit in a clean and orderly manner. (17) Retail permit holders, their employees or volunteers may not sleep inside an outdoor retail sales outlet. [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 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