justicedao/ipfs_state_laws huggingface dataset:
837-012-1220 General (1) A certificate of possession allows the holder of the certificate to engage in those activities including the purchase, possession, storage and transportation of explosives when those activities are otherwise in conformance with the requirements of these rules and any other applicable federal, state and local laws, rules and regulations. (2) Holders of a certificate of possession must comply with the following: (a) ORS 480.200 through 480.290. (b) OAR 837-012-1200 through 837-012-1420. (c) All applicable regulations in the Oregon Fire Code, 2004 Edition, and Oregon Structural Specialty Code, 2004 Edition. (d) NFPA 495, Explosive Materials Code, 2001 Edition, as adopted in OAR 837-012-1340. (e) All applicable federal, state and local laws, rules, and regulations governing explosives. (3) Holders of a certificate of possession may purchase explosives only from those persons who have a BATFE license to sell explosives. (4) Pursuant to ORS 480.210(1)(b), a BATFE dealer or manufacturer license authorizes the holder of such a license to possess explosives only when the possession is for purposes of a use or activity expressly authorized by the license, namely the business of manufacturing or dealing in explosives. (5) Proof pursuant to ORS 480.210(3)(b) must be: (a) A certified copy of a manufacturer or dealer license issued by the BATFE; (b) A written certification signed by a person that holds the license referred to in subsection (a) that certifies under penalty of perjury that the person charged under ORS 480.210(1) is an employee or representative of the licensed person and is engaged in the business of manufacturing or dealing in explosives. (6) Holders of a certificate of possession or a certificate of registration must notify the Department of the State Fire Marshal in writing of a change in their address within two weeks of the date of the change. (7) Holders of a certificate of registration must notify the Department of the State Fire Marshal in writing of a change in ownership of a magazine within two weeks of the date of the change. (8) Holders of an unexpired certificate of possession or certificate of registration may request a duplicate copy of their certificate by certifying in writing to the Department of the State Fire Marshal that their certificate has been lost, stolen or destroyed. Written requests must be signed and dated by the holder of the certificate. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 73-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 1-2004, f. & cert. ef. 1-14-04 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1230 Fees (1) Fees must be payable to the Department of the State Fire Marshal. (2) Fees may be paid at, or mailed to, the Department of the State Fire Marshal and must accompany the appropriate application. (3) Payment may be made by personal check, business check, cashier’s check or money order. If the fee is paid by a personal or business check, the application will be placed in a pending status until the check clears the bank. (4) Fees are: (a) $50 — Certificate of Possession (b) $30 — Examination (c) $125 — Initial two-year magazine registration with Department of the State Fire Marshal inspection (d) $187.50 — three-year magazine registration renewal with Department of the State Fire Marshal inspection (e) $250 — four-year magazine registration with Department of the State Fire Marshal inspection (f) $50 — Initial two-year magazine registration with acceptance of BATFE inspection (g) $75 — three-year magazine registration renewal with acceptance of BATFE inspection (h) $100 — four-year magazine registration renewal with acceptance of BATFE inspection (5) Fees are non-refundable and non-transferable. (6) Three- and four-year renewal fee authority is in accordance with ORS 183.705 and OAR 837-012-1330(2). Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 72-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 14-2005, f. 10-21-05, cert. ef. 10-22-05 OSFM 13-2005(Temp), f. & cert. ef. 8-16-05 thru 2-11-06 OSFM 4-2005, f. & cert. ef. 2-17-05 OSFM 5-2004, f. & cert. ef. 11-10-04 OSFM 1-2004, f. & cert. ef. 1-14-04 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1240 Applications (1) Applications for the examination required under ORS 480.225(1)(j), a certificate of possession, and a certificate of registration must be on forms provided by the Department of the State Fire Marshal. (2) Applicants must complete the applications in full and pay the applicable fees before the Department of the State Fire Marshal will process the applications. (3) Pursuant to federal law, the Department of the State Fire Marshal requires disclosure of the applicant’s social security number on the applications. Any social security number disclosed on an application may be used for identification purposes only and remains confidential unless otherwise provided by law. (4) Application for the examination required under ORS 480.225(1)(j): (a) The application must be completed by the individual who will be taking the required examination. (b) The application and fee must be received by the Department of the State Fire Marshal a minimum of fourteen days before the applicant intends to complete the examination to allow time for: (A) The fee payment to clear the bank. (B) The Department of the State Fire Marshal to notify the applicant of the acceptance of the application and fee payment. (5) Application for a certificate of possession under ORS 480.210. Any individual who intends to possess explosives must: (a) Complete the application. (b) Submit a separate application and fee for each certificate of possession to be issued. (c) Submit with their application a fingerprint card compatible with the processing requirements of the Oregon State Police Identification Services Division. (6) Application for a certificate of registration of magazine under ORS 480.244. The owner of the magazine must: (a) Complete the application. (b) Submit a separate application for each magazine to be registered. (c) Specify on their application which agency they select to inspect their magazine: (A) The Department of the State Fire Marshal. (B) The Bureau of Alcohol, Tobacco, Firearms and Explosives. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 71-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1250 Eligibility for a Certificate of Possession To be eligible for a certificate of possession, applicants must meet the requirements under ORS 480.225 and 480.230. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1260 Certificate of Possession — Examination (1) Upon receipt and processing of a completed application, the Department of the State Fire Marshal will notify the applicant of the date, time and place for the examination. (2) Applicants must provide valid photo identification at the time they appear to take the examination. Only photo identification issued by the Department of Motor Vehicles in the applicant’s state of residency is accepted by the Department of the State Fire Marshal. (3) The examination is based upon, and examines the applicant’s knowledge of: (a) NFPA 495, Explosive Materials Code, 2001 Edition as adopted in OAR 837-012-1340 (b) ORS 480.200 through 480.290. (4) The examination is open book. (a) Applicants are responsible for providing their own copy of NFPA 495, Explosive Materials Code, 2001 Edition, to use during the examination. (b) The Department of the State Fire Marshal provides a copy of ORS 480.200 through 480.290 for use during the examination. (5) To pass the examination, the applicant must answer correctly 80% or more of the examination questions. (6) The Department of the State Fire Marshal notifies applicants of the results of their examination using the address listed on the applicant’s examination application. (7) If an applicant fails to: (a) arrive at the scheduled examination appointment, (b) complete the examination, or (c) pass the examination, the applicant must submit a new application and fee pursuant to OAR 837-012-1230 and 837-012-1240 to the Department of the State Fire Marshal. (8) Passing examination scores are valid for two years from the date of the examination. If the examinee does not apply for and receive a certificate of possession within two years from the date of passing the examination, the examination score will be considered invalid and the applicant must re-take and pass the examination. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 70-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 1-2004, f. & cert. ef. 1-14-04 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1270 Certificate of Possession — Issuance (1) Upon receipt of a properly completed application, application fee, and fingerprint card, the Department of the State Fire Marshal will conduct an investigation to ensure the applicant meets the requirements of ORS 480.225 and 480.230. (2) The investigation includes, but is not limited to: (a) Electronic processing of fingerprint cards through the Law Enforcement Data System. (b) Accessing records at Mental Health and Developmental Disability Services Division pursuant to ORS 480.225(1)(d). (3) Upon its approval of an application, the Department of the State Fire Marshal issues a certificate of possession to the applicant. (4) The Department of the State Fire Marshal assigns a unique number to each certificate of possession issued. (5) The issuance of a certificate of possession does not in any way constitute an approval by the Department of the State Fire Marshal of any explosives possessed under the certificate. (6) The Department of the State Fire Marshal mails the original certificate of possession to the applicant at the address listed on the application. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 69-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1280 Certificate of Possession - Renewal (1) A certificate of possession must be renewed every three years. (2) The holder of the certificate of possession is not required to retake the examination required under ORS 480.225(1)(j) unless the current certificate expires or lapses. (3) All other requirements for the issuance of a renewal of certificate of possession are the same as the issuance of the original certificate. (4) Applications for the renewal of a certificate of possession may not be submitted to the Department of the State Fire Marshal more than 90 days prior to the expiration date of the current certificate. (5) Applications for the renewal of a certificate of possession should be received by the Department of the State Fire Marshal at least 60 days prior to the expiration date of the current certificate. This allows the Department of the State Fire Marshal adequate time to process the application prior to the expiration date of the current certificate. (6) Applications not received by the Department of the State Fire Marshal at least 60 days prior to the expiration date of the current may not certificate of possession could result in the expiration or lapse, of the current certificate. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 68-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1290 Explosives Storage (1) Explosives may be stored only in a magazine that has been issued a certificate of registration by the Department of the State Fire Marshal. (2) The storage of explosives must be in compliance with all applicable requirements of: (a) NFPA 495, Explosive Materials Code, 2001 Edition as adopted in OAR 837-012-1340. (b) Oregon Fire Code, 2004 Edition. (c) Oregon Structural Specialty Code, 2004 Edition. (d) All applicable federal, state and local laws, rules and regulations pertaining to explosives. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 67-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 1-2004, f. & cert. ef. 1-14-04 OSFM 12-2000, f. & cert. ef. 10-6-00
837-012-1300 Magazine Registration and Inspection (1) Magazines not issued a certificate of registration may not be used for the storage of explosives. (2) To be eligible for a certificate of registration, a magazine must comply with all requirements of: (a) ORS 480.200 through 480.290. (b) OAR 837-012-1200 through 837-012-1240. (c) Oregon Fire Code, 2004 Edition. (d) Oregon Structural Specialty Code, 2004 Edition. (e) NFPA 495, Explosive Materials Code, 2001 Edition as adopted in OAR 837-012-1340 (f) All applicable federal, state and local laws, rules and regulations pertaining to explosives. (3) Prior to the issuance of a certificate of registration, the magazine must be inspected for compliance with these rules. (4) The inspection may be completed by: (a) The Department of the State Fire Marshal (b) The BATFE pursuant to OAR 837-012-1320. (5) A certificate of registration allows the holder of the certificate to store explosives in the registered magazine when otherwise in conformance with the requirements of these rules. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 66-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 1-2004, f. & cert. ef. 1-14-04 OSFM 12-2000, f. & cert. ef. 10-6-00
837-012-1310 State Fire Marshal Inspection of Magazines (1) The State Fire Marshal may complete an inspection of a magazine prior to the issuance of a certificate of registration pursuant to OAR 837-012-1300(3) and (4). (2) Upon receipt of information that a magazine is not in compliance with the requirements of these rules, the Department of the State Fire Marshal may conduct an inspection of the magazine. (3) If, upon its inspection, the Department of the State Fire Marshal determines the magazine is not in compliance, the Department of the State Fire Marshal may issue a notice of correction to the owner of the magazine. (4) All notices of correction are on forms provided by the Department of the State Fire Marshal. (5) Notices of correction specify the deficiencies required to be corrected prior to the magazine being issued a certificate of registration. (6) Notices of correction specify the date by which the deficiencies are to be corrected. (7) A copy of each notice of correction is provided by the OSFM to the owner of the magazine by: (a) Personal service; (b) Service by certified mail (c) Service by regular mail. (8) After presenting a copy of the notice of correction to the owner of the magazine, the Department of the State Fire Marshal retains all remaining copies of the notice until the re-inspection of the magazine is completed. (9) At the end of the time allowed for correction of the deficiencies, as required by the notice of correction, the Department of the State Fire Marshal may: (a) Re-inspect the magazine to determine if the deficiencies specified in the notice of correction have been corrected. (b) Complete the re-inspection section of the notice of correction. (10) Upon re-inspection of the magazine, the Department of the State Fire Marshal provides a copy of the completed notice of correction to the owner of the magazine pursuant to subsection (7) of this rule. (11) Failure to correct the deficiencies noted in the notice of correction will result in the following, until such time as the deficiencies are corrected: (a) The magazine will not be issued a certificate of registration. (b) The magazine will not be issued a renewal certificate of registration. (c) The certificate of registration for the magazine may be suspended or revoked. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 65-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 12-2000, f. & cert. ef. 10-6-00
837-012-1320 Certificate of Registration of Magazine — With Bureau of Alcohol, Tobacco, Firearms and Explosives Inspection (1) The Department of the State Fire Marshal may accept an inspection completed by BATFE in lieu of the Department of the State Fire Marshal inspection. (2) The decision to accept or not accept the BATFE inspection rests solely with the Department of the State Fire Marshal. (3) The Department of the State Fire Marshal may consider, but is not limited to, the following criteria in deciding whether to accept a BATFE inspection: (a) The inspection was completed not more than 180 days prior to the date of the application for a certificate of registration; (b) A United States Post Office postmark date is used to determine the date of application. (c) The inspection proves the magazine is in compliance with these rules. (4) If deficiencies are noted on the BATFE inspection, the Department of the State Fire Marshal may decide to conduct its own inspection. Should the Department of the State Fire Marshal decide to complete its own inspection, the applicant must submit additional payment of the following applicable fee prior to the Department of the State Fire Marshal conducting its inspection: (a) $75 for an initial two-year registration. (b) $137.50 for a three-year renewal. (c) $175 for a four-year renewal. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 64-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 7-2006, f. & cert. ef. 5-5-06 OSFM 15-2005(Temp), f. & cert. ef. 11-9-05 thru 5-7-06 OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 5-2004, f. & cert. ef. 11-10-04 OSFM 1-2004, f. & cert. ef. 1-14-04 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1330 Certificate of Registration of Magazine — Renewal (1) All requirements for the issuance of a certificate of registration must be met before a certificate is renewed. (2) Pursuant to ORS 183.705, certificates of registration may be renewed every two years, or up to four years, as determined by the Department of the State Fire Marshal, in order to bring the Department of the State Fire Marshal magazine registration renewal dates in alignment with the BATFE renewal dates. (3) Applications for the renewal of a certificate of registration may not be submitted to the Department of the State Fire Marshal more than 120 days prior to the expiration date of the current certificate. (4) Applications for the renewal of a certificate of registration should be received by the Department of the State Fire Marshal at least 90 days prior to the expiration date of the current certificate. This allows the Department of the State Fire Marshal adequate time to process the application, including inspection by the State Fire Marshal of the magazine, prior to the expiration date of the current certificate. (5) Applications not received by the Department of the State Fire Marshal at least 90 days prior to the expiration date of the current certificate of registration may result in the expiration or lapse, of the current certificate. (6) If a current certificate of registration expires or lapses, explosives may not be stored in the magazine until the magazine is issued a renewal certificate of registration. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 63-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00
837-012-1340 Fire and Life Safety Standards NFPA 495, Explosive Materials Code, 2001 Edition, is hereby adopted with the following exceptions: (1) Chapter four is not adopted. (2) Although NFPA 495, Explosive Materials Code, 2001 Edition, requires magazines to be opened and inspected at intervals of three days, the Department of the State Fire Marshal requires magazines to be opened and inspected at intervals of seven days. (See NFPA 495, Explosive Materials Code, 2001 Edition, 8-7.2). (3) NFPA standards regarding the transportation of explosives are hereby adopted for purposes of the examination required under ORS 480.225(1)(j). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 62-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 1-2004, f. & cert. ef. 1-14-04 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00