837-012-0620 Retail Permit Applications (1) Any person engaged in, or intending to engage in, the sale or provision by any other means of retail fireworks to individual members of the general public must apply for and obtain a retail permit issued by the Department of the State Fire Marshal. (2) A separate retail permit must be applied for and obtained for each retail sales outlet that may conduct sales of retail fireworks in Oregon. (3) Only one application for a retail permit may be made for each retail site except pursuant to OAR 837-012-0630(3). (4) The application for a retail permit must be made on a form provided by the Department of the State Fire Marshal. (5) All information provided by the applicant on the permit application must be true and correct to the applicant's knowledge. (6) In addition to completion of the application form, applicants must submit copies of a sketch of the retail site in accordance with subsection (7) of this rule. (7) The sketch of the retail site, required pursuant to subsection (6) of this rule, must include without limitation, the following: (a) A diagram of the retail sales outlet and its relationship to adjacent areas located at the retail site; (b) For all outdoor sales, the location and distances of all structures, buildings, highways, streets, trees, and other vegetation within 50 feet of the retail sales outlet; (c) For all indoor sales, the location of the sales display and the location and distances of all highly combustible materials within a 20-foot radius of the sales display; (A) For retail sales outlets located within structures or buildings of less than 1,000 square feet, all exits from the building or structure; (B) For retail sales outlets located in structures or buildings of greater than 1,000 square feet, all exits from the building or structure located within 75 feet of the sales display; (C) For tents, all exits from the tent. (D) A list of the general types of merchandise located within 20 feet of the sales display. This requirement does not apply to tents. (d) The location of any open flames, exposed heating elements or other direct sources of ignition, including, but not limited to, coffee makers, food warmers, cookers and broilers located inside the retail sales outlet or, for indoor sales, within 20 feet of the sales display. (8) Any applicant for a retail permit, other than an individual, must list on the application form the name, address, and phone number of one individual holding a management position within the permit holder's company or organization. See definition of "person" in ORS 174.100(4) and "individual" in OAR 837-012-0610(23). (9) As part of the permit application process, the applicant must apply for and obtain, in writing when available; (a) All required local and state building code, fire code and business licensing inspections, approvals, permits and licenses; and (b) All required state and local land use and zoning permits, licenses and approvals for the retail site. (10) Applicants must submit their completed permit application to the local fire authority for review and signature approving the retail site prior to submission of the permit application to the Department of the State Fire Marshal. (11) The required local fire authority signatures are: (a) For retail sales conducted inside city limits, the permit application must be signed by the city fire chief or their authorized representative; (b) For retail sales conducted outside city limits, but inside a rural fire protection district, the permit application must be signed by the district fire chief or their authorized representative; (c) For retail sales conducted outside both city limits and a rural fire protection district, the permit application must be signed by the district Deputy State Fire Marshal. (d) Applicants must also obtain the signature of the local fire authority with jurisdiction over the retail fireworks storage location, regardless of whether the storage location is the same as the retail site. (12) Proof of identification of the individual responsible for sales that will occur at temporary outdoor locations such as tents or stands must be provided to the local fire authority at the time the permit application is submitted to the local fire authority for review and signature. The proof of identification must be a current and recognizable photographic identification. (13) Permit applications may not be submitted to the Department of the State Fire Marshal prior to January 1 of the year for which the permit is sought. (14) ORS 480.127 requires retail fireworks sales applicants to apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale. However, due to limited resources in the fireworks program, it is recommended that retail fireworks permit applications be postmarked or submitted to the OSFM by April 15 of the year for which the permit is sought. 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 107-2023, 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 5-2006, f. & cert. ef. 3-10-06 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 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