justicedao/ipfs_state_laws huggingface dataset:
837-012-0340 Permit Fees There are no fees for this application. Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) Statutes/Other Implemented: ORS 480.122 & 480.124 History: OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07 OSFM 3-2002, f. & cert. ef. 2-25-02 OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
837-012-0350 Issuance of Pest Control Fireworks Permits (1) Each pest control fireworks permit is assigned a unique number by the Department of the State Fire Marshal. (2) The pest control fireworks permit is valid only for the property or properties listed on the pest control fireworks permit. (3) The pest control fireworks permit will be mailed, electronically mailed, or sent by facsimile to the permit holder. (4) An initial pest control fireworks permit issued by the Department of the State Fire Marshal is valid from the date of issue up to three years as determined by the OSFM. (5) Upon renewal, pest control fireworks permits are valid for a period not to exceed three years. Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) Statutes/Other Implemented: ORS 480.122 & 480.124 History: OSFM 9-2023, minor correction filed 06/29/2023, effective 06/29/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07 OSFM 3-2002, f. & cert. ef. 2-25-02 OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
837-012-0360 Purchase of Pest Control Fireworks (1) Permit holders must be 18 years of age or older. (2) Pest control fireworks permit holders may purchase or otherwise obtain pest control fireworks only from wholesalers who possess a valid and current wholesale permit issued by the Department of the State Fire Marshal. Exception: In the case of state game management or federal game management authorities who provide agency approved game management assistance to permit holders; once a permit has been issued – state game management or federal game management authorities may supply pest control fireworks to the permit holder under the following criteria: (a) Pest control fireworks permit holders may only obtain pest control fireworks listed on their pest control fireworks permit. (b) The state game management or federal game management authority who supplies pest control fireworks must maintain a record of all pest control fireworks supplied and make such records available to the Department of the State Fire Marshal upon request. (c) Any decision by a state game management or federal game management authority to supply pest control fireworks must be in conformance with their specific agency policies and procedures for the distribution of pest control fireworks. (3) Once a pest control fireworks permit has been issued and the wholesaler selected; if an pest control fireworks permit holder desires to obtain pest control fireworks from another wholesaler, the pest control fireworks permit holder must notify the Department of the State Fire Marshal at least 24 hours prior to purchasing the pest control fireworks from another licensed pest control fireworks wholesaler. Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) Statutes/Other Implemented: ORS 480.122 & 480.124 History: OSFM 10-2023, minor correction filed 06/29/2023, effective 06/29/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07 OSFM 3-2002, f. & cert. ef. 2-25-02 OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
837-012-0370 Prohibited Acts and Limitations (1) A pest control fireworks permit does not allow the permit holder to purchase, possess, or sell any other types of fireworks. (2) Pest control fireworks may not be utilized for any purpose other than the use as stated on the permit application. (3) Pest control fireworks utilized for any other use than the permitted use may result in the immediate suspension of the pest control fireworks permit and confiscation of the unused pest control fireworks. (4) A permit holder may not sell or provide by any other means pest control fireworks or any other fireworks to any other person including other permit holders. (5) The pest control fireworks permit does not authorize the manufacture, sale, use, discharge or possession of pest control fireworks in any forest protection district, city or county where pest control fireworks are prohibited by law or ordinance. (6) No permit holder may maintain or allow the existence of a fire hazard at any location under their control where pest control fireworks are stored, transported, or used. (7) Permit holders may not provide pest control fireworks to anyone other than an authorized employee or owner of the permit holder’s business for the purpose specified on the permit applications. (8) Nothing in OAR 837-012-0305 to 837-012-1150, nor in any permit issued thereunder, shall authorize the use of pest control fireworks on any property in which the use of pest control fireworks is prohibited by federal or state law or local regulations. Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) Statutes/Other Implemented: HB 2432 (2015 OL Ch. 57) & 480.124 History: OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07 OSFM 3-2002, f. & cert. ef. 2-25-02 OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
837-012-0500 Purpose and Scope—Wholesale Sales and Storage of Fireworks in Oregon These rules establish permit and other requirements for persons who sell or provide by any other means, or intend to sell or provide by any other means, at wholesale, fireworks, retail fireworks, display fireworks, or pest control fireworks in or into Oregon, or from Oregon for delivery into another state. 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 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2000, f. & cert. ef. 12-4-00 Reverted to FM 5-1989, f. & cert. ef. 9-15-89 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 FM 2-1989(Temp), f. & cert. ef. 3-20-89
837-012-0505 Effective Dates OAR 837-012-0500 through 837-012-0570 are effective July 1, 2014. Statutory/Other Authority: ORS 476, 478 & 480 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2000, f. & cert. ef. 12-4-00 FM 5-1989, f. & cert. ef. 9-15-89 FM 2-1989(Temp), f. & cert. ef. 3-20-89
837-012-0530 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 method, and made payable to the Department of the State Fire Marshal. (3) The permit fee is $3,000. (4) Permit fees are non-refundable. Exception: The State Fire Marshal may refund all or part of the permit fee if it is determined the application is not appropriate or the permit is denied. (5) Permit fees are non-transferable to any other individual or business. Statutory/Other Authority: ORS 476, 478 & 480 History: OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025 OSFM 117-2023, 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 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 8-2005, f. 5-24-05, cert. ef. 6-7-05 Reverted to OSFM 6-2002, f. & cert. ef. 6-14-02 OSFM 6-2004(Temp), f. & cert. ef. 11-17-04 thru 5-15-05 OSFM 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2000, f. & cert. ef. 12-4-00 Reverted to FM 5-1989, f. & cert. ef. 9-15-89 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 FM 2-1989(Temp), f. & cert. ef. 3-20-89
837-012-0535 Denial, Suspension and/or Revocation of Wholesale Permit (1) The Department of the State Fire Marshal may deny, suspend or revoke a wholesale permit if a wholesale permit holder, or an applicant for a wholesale permit, 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 may consider the following criteria: (a) The severity of the violation or violations and the impact on public safety, particularly whether the circumstances of the violation or violations 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 or violations were willful or intentional; (d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the wholesale permit holder or applicant; and (e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation or violations. (3) Suspension or revocation of a wholesale permit may include suspension or revocation of the current permit and the right to apply for a renewal permit. (4) The Department of the State Fire Marshal may deny, suspend or revoke all wholesale permits issued to a wholesale permit holder or applicant for each of the permit holder’s or applicant’s wholesale sites pursuant to OAR 837-012-0520(3). (5) At any time after the expiration of any period of denial of a permit application, or suspension or revocation of a wholesale permit, imposed by the Department of the State Fire Marshal, the applicant or wholesale permit holder subject to the denial, suspension or revocation may submit a permit application to the Department of the State Fire Marshal. The Department of the State Fire Marshal must either grant or deny the application pursuant to OAR 837-012-0525(1). If granted, the wholesale permit is valid for the remainder of the calendar year. Statutory/Other Authority: ORS 476, 478 & 480 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 116-2023, 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 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 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2000, f. & cert. ef. 12-4-00 Reverted to FM 5-1989, f. & cert. ef. 9-15-89 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 FM 2-1989(Temp), f. & cert. ef. 3-20-89
837-012-0540 Wholesale Sites Located in Oregon (1) The location of a wholesale site may not present a significant risk to surrounding life and property or to the ability of local emergency response agencies to respond. (2) The wholesale site must be designed, constructed, operated, maintained and separated in conformance with the applicable requirements of: (a) NFPA 1124 (The separation distances must be met as required by NFPA 1124. All fireworks stored at the wholesale site must be considered in calculating the separation distances); (b) NFPA 68; (c) OSSC; (d) OFC; NOTE: Wholesale sites that are currently approved may not be required to be altered or updated to comply with these standards. (3) Temporary structures, including tents, vehicles and trailers of less than 10,000 pound gross carrying capacity, and buildings, structures, vehicles, or trailers not approved by the local fire authority and the Department of the State Fire Marshal may not be used as wholesale sites. (4) Security for storage facilities must be provided by construction and maintenance of a solid or chain-link fence, at least six feet high with locking gates, that surrounds the facility. Security may be provided by an alternative means only if first approved by the local fire authority. (5) Smoking, other ignition sources, or the use of the fireworks, retail fireworks, display fireworks, or pest control fireworks may not be allowed within 100 feet of the storage or sales facilities. [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 2-2025, amend filed 07/15/2025, effective 07/15/2025 OSFM 115-2023, 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 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 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05 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 Reverted to FM 5-1989, f. & cert. ef. 9-15-89 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 FM 2-1989(Temp), f. & cert. ef. 3-20-89
837-012-0550 Sales to Out-of-State Residents by In-State Wholesalers (1) In addition to any other requirements set forth in these rules, the sale or provision by any other means, of the fireworks, retail fireworks, display fireworks, or pest control fireworks to out-of-state residents must comply with the laws of the state where the person to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are to be sold or provided resides and the laws of the state where the fireworks, retail fireworks, display fireworks, or pest control fireworks are to be transported or shipped, if the fireworks, retail fireworks, display fireworks, or pest control fireworks are to be transported or shipped to a state other than where the person resides. (2) The person to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are sold or otherwise provided must present to the wholesale permit holder for inspection, at the time of sale or provision, the original or a certified copy of the person’s valid license or permit when such license or permit is required by the laws of the other state. (3) The person to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are sold or otherwise provided must present to the wholesaler for inspection, at the time of sale or provision, proof of the person's identity. Such proof must be an official, signed and sealed photo-identification card, such as a driver's license issued by the person's state of residence or domicile. (4) Wholesale permit holders with wholesale sites located 50 miles or less from the borders of the State of Oregon must make a good faith effort to determine if customers are Oregon residents or out-of-state residents. (5) Fireworks, retail fireworks, display fireworks, or pest control fireworks may not be sold or otherwise provided to out-of-state residents whose state of residents prohibits the sale, provision, purchase, possession, or use of fireworks, retail fireworks, display fireworks, or pest control fireworks. Exception: This does not apply to an out-of-state resident that has applied for and been granted a permit pursuant to ORS 480.111 through 480.165 and OAR chapter 837, division 12. 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 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 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2000, f. & cert. ef. 12-4-00 Reverted to FM 5-1989, f. & cert. ef. 9-15-89 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 FM 2-1989(Temp), f. & cert. ef. 3-20-89
837-012-0560 Civil and Criminal Enforcement Actions (1) The Department of the State Fire Marshal, local fire authority, or law enforcement authority may confiscate, remove or have removed any fireworks, retail fireworks, display fireworks, or pest control fireworks offered for sale, sold, provided, transported, purchased or otherwise obtained, stored, possessed, used or discharged in violation of ORS 480.111 through 480.165 or OAR chapter 837, division 12. (2) The wholesale permit holder, or any other person responsible for any violation or violations, may be responsible for payment of the agency’s costs in confiscating or removing any fireworks, retail fireworks, display fireworks, or pest control 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, retail fireworks, display fireworks, or pest control fireworks be: (a) Returned to the manufacturer of the fireworks, retail fireworks, display fireworks, or pest control fireworks; or (b) Disposed of in any manner approved by the Department of the State Fire Marshal, including destruction of the fireworks, retail fireworks, display fireworks, or pest control fireworks. Statutory/Other Authority: ORS 476, 478 & 480 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 112-2023, 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 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 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2000, f. & cert. ef. 12-4-00 Reverted to FM 5-1989, f. & cert. ef. 9-15-89 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 FM 2-1989(Temp), f. & cert. ef. 3-20-89
837-012-0565 Transportation (1) All shipments of fireworks, retail fireworks, display fireworks, or pest control fireworks within or into Oregon, or from Oregon for delivery to another state may be transported only by persons who comply with all applicable United States Department of Transportation requirements and any other federal, state, or local laws, rules, or regulations pertaining to the transportation of fireworks. (2) All persons engaged in the transportation of fireworks, retail fireworks, display fireworks, or pest control fireworks within, into or out of Oregon must verify that the outside of all cartons, containers or cases, containing such fireworks and any accompanying documentation, are marked with all the information required under OAR 837-012-0525(13) and (14). (3) Wholesale permit holders may not sell or provide fireworks, retail fireworks, display fireworks, or pest control fireworks to any person for transport when the permit holder knows or should know that the person cannot or will not transport fireworks, retail fireworks, display fireworks, or pest control fireworks in accordance with United States Department of Transportation requirements or any other applicable federal, state or local laws, rules or regulations. (4) Common carriers must immediately notify, verbally or in writing, the local fire authority or the Department of the State Fire Marshal of all shipments of fireworks, retail fireworks, display fireworks, or pest control fireworks to be delivered within or into Oregon. Such shipments shall be subject to examination by the local fire authority and the Department of the State Fire Marshal to determine compliance with all applicable federal, state and local laws, rules, and regulations pertaining to fireworks, retail fireworks, display fireworks, or pest control fireworks. If necessary, the Consumer Product Safety Commission, United States Customs, the United States Department of Transportation and the Oregon Department of Transportation may be contacted for assistance. Statutory/Other Authority: ORS 476, 478 & 480 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 111-2023, 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 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 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2000, f. & cert. ef. 12-4-00 Reverted to FM 5-1989, f. & cert. ef. 9-15-89 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 FM 2-1989(Temp), f. & cert. ef. 3-20-89
837-012-0570 Hazardous Materials Reporting for Wholesalers with Oregon Storage Sites All persons possessing more than ten pounds of 1.3G fireworks or 1.4G fireworks, as classified by the United States Department of Transportation, must annually complete the Hazardous Substance Survey pursuant to ORS 453.307 to 453.372 and OAR chapter 837, division 85. Contact the Department of the State Fire Marshal for survey forms and instructions. Statutory/Other Authority: ORS 476, 478 & 480 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 110-2023, 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 6-2002, f. & cert. ef. 6-14-02 OSFM 15-2000, f. & cert. ef. 12-4-00 FM 5-1989, f. & cert. ef. 9-15-89 FM 2-1989(Temp), f. & cert. ef. 3-20-89
837-012-0600 Purpose and Scope—Retail Sales and Storage of Pyrotechnics (Allowed Fireworks) in Oregon These rules establish permit and other requirements for persons who sell or otherwise provide, intend to sell or otherwise provide, retail fireworks to individual members of the general public. 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 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
837-012-0605 Effective Dates OAR 837-012-0600 through 837-012-0675 are effective July 1, 2014. 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 3-2014, f. & cert. ef. 7-1-14 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