837-012-0515 General (1) Definitions. For purposes of this administrative rule, the following definitions apply: (a) “Fireworks” has the definition contained in ORS 480.111(7). (b) “Person” means any business, entity, or individual. (c) “Wholesaler” means a person that possesses an Oregon wholesale permit issued by the State Fire Marshal. (2) Any person intending to sell or provide fireworks by any means within the state of Oregon, must first obtain an Oregon wholesale permit. (3) Any person intending to sell or provide items described in ORS 480.111(2) by any means within the state of Oregon, must first obtain an Oregon wholesale permit, unless that person possesses an Oregon retail sales permit. (4) A wholesaler may sell or provide by any means fireworks as defined in ORS 480.111(7) in the state of Oregon only to persons having obtained one of the following State Fire Marshal issued permits: (a) Fireworks display permit, including general, limited, close proximity, and special effects; (b) Retail sales permit for the sale of retail fireworks to the general public; or (c) Pest control fireworks permit to repel birds or other animals as allowed under HB 2432 (2015 OL Ch. 57). (5) Wholesalers desiring to engage in any fireworks activities, including retail sales, pest control use, or fireworks displays must meet all applicable requirements of ORS 480.111 through 480.165 and OAR chapter 837, division 12, including obtaining permits for such activities from local, federal, and state authorities. (6) Wholesale 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; and (b) OAR chapter 837, division 12 (7) Wholesalers must notify the State Fire Marshal, in writing, within two weeks of the date of change of: (a) Identity of the wholesaler’s manager; (b) The wholesaler’s mailing address or telephone number; (c) Ownership of the wholesaler’s site; (d) Ownership of the wholesaler’s operation; or (e) The addition or subtraction of a sales representative for the wholesaler. (8) 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 at any time, and do not require a permit. (9) Wholesalers who provide 1.3g fireworks must provide a minimum of one general operator certification training course annually as required by OAR 837-012-0780. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476, 478 & 480 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 6-2012, f. 4-23-12, cert. ef. 8-3-12 OSFM 4-2012(Temp), f. & cert. ef. 2-6-12 thru 8-3-12 OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11 OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11 OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 6-2004(Temp), f. & cert. ef. 11-17-04 thru 5-15-05 OSFM 8-2002, f. & cert. ef. 10-4-02 OSFM 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2000, f. & cert. ef. 12-4-00 OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00 FM 5-1989, f. & cert. ef. 9-15-89, Renumbered from 837-012-0125 FM 2-1989(Temp), f. & cert. ef. 3-20-89 FM 9-1986, f. & cert. ef. 12-10-86 FM 6-1986(Temp), f. & cert. ef. 6-10-86 FM 1-1986, f. & cert. ef. 1-9-86 FM 3-1985, f. & cert. ef. 4-17-85 FM 3-1982(Temp), f. & cert. ef. 4-16-82 FM 2-1982(Temp), f. & cert. ef. 3-5-82