justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 480 — Explosives; Flammable

ORS 480.120. Sale, possession and use of fireworks prohibited; exceptions; enforcement. (1) No person shall sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks within Oregon, except as follows: (a) Sales by manufacturers and wholesalers to customers residing outside this state in accordance with ORS 480.156; (b) Sales to persons or organizations having obtained a permit from the State Fire Marshal for supervised public display; (c) Sales to railroads, boats, motor vehicle or other transportation agencies, to be used for signal, warning or illumination purposes in connection with such business; (d) Sale or use of blank cartridges for licensed shows or theaters or for signal or ceremonial purposes in athletics or sports; (e) Experimental purposes by a manufacturer of explosives at such places where such experiments are normally conducted; (f) Sale of blank cartridges for use by the militia or any organization of war veterans or other organization authorized by law to parade in public a color guard armed with firearms; (g) Sale of shells, cartridges, gunpowder or explosives for use in legally permitted firearms; (h) Sales of items described in ORS 480.127 to persons who possess the retail sales permit required by ORS 480.127 by a person who holds a manufacturer or wholesaler license issued pursuant to ORS 480.111 to 480.165; or (i) Sales of items described in ORS 480.127 to individual members of the general public for personal use by taking direct delivery of those items at the time of sale from the holder of a retail sale permit issued pursuant to ORS 480.127. (2) Law enforcement officers of the state, county or municipality shall enforce the provisions of ORS 480.111 to 480.165.
ORS Chapter 480 — Explosives; Flammable

ORS 480.123. Use for repelling birds or other animals; permit; rules. (1) As used in this section, responsible charge means ownership, a leasehold, management or authority to act as the representative of an owner, lessee or manager. (2) The State Fire Marshal may adopt rules for the use of fireworks to repel birds or other animals. (3) A person having responsible charge of a property may apply to the State Fire Marshal for a permit to use and explode fireworks to repel birds or other animals from the property. If the State Fire Marshal finds that the proposed use conforms with state and federal law and State Fire Marshal rules, the State Fire Marshal shall issue the permit. (4) Notwithstanding ORS 480.120, a person having responsible charge of a property and holding a permit issued under subsection (3) of this section may purchase, possess, use and explode fireworks for the purpose of repelling birds or other animals from the property. Properties for which permits to use and explode fireworks are issued under this section must be: (a) Farms; (b) Forests; (c) Waste and recycling facilities; (d) Airports; (e) Golf courses; (f) Properties used for the production of commercially valuable fish or seafood; (g) Estuaries; (h) Properties located outside of an incorporated city; or (i) Other types of properties identified by the State Fire Marshal by rule. (5) Fireworks for use as described in this section must be purchased from a person possessing a wholesaler license issued under ORS 480.111 to 480.165. (6) The permit holder shall store fireworks obtained under this section in accordance with any fire codes that the State Fire Marshal adopts by rule to ensure safe storage of those fireworks. When adopting storage rules, the State Fire Marshal shall consider any relevant standards for hazardous materials storage established by a national association for fire protection. A local government has concurrent authority with the State Fire Marshal to enforce State Fire Marshal storage requirements within the jurisdiction of the local government. (7) The State Fire Marshal may revoke a permit issued under this section if the State Fire Marshal determines that the permit holder has violated state or federal law regarding fireworks, rules adopted by the State Fire Marshal or the terms and conditions of the permit. (8) This section does not require a federal or state agency to obtain a permit under this section for activities carried out by the agency under ORS 480.124.
ORS Chapter 480 — Explosives; Flammable

ORS 480.124. Use for control of predatory animals allowed. Notwithstanding the provisions of ORS 480.111 to 480.165, fireworks may be purchased, maintained, used and exploded by federal or state agencies authorized and required by ORS 610.002 to 610.020 to eradicate and control predatory animals. Such purchase and use shall be in compliance with rules and regulations promulgated by the State Fire Marshal, with the approval of the state agencies authorized and required by ORS 610.002 to 610.020 to eradicate and control predatory animals.
ORS Chapter 480 — Explosives; Flammable

ORS 480.127. Permit for retail sale of consumer fireworks; fee; rules. (1) Any person who desires to sell consumer fireworks at retail to individual members of the general public for personal use shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale. The State Fire Marshal shall issue the permit only if the State Fire Marshal finds that the applicant is qualified to conduct the proposed sale and that the proposed sale will conform to the provisions of ORS 480.111 to 480.165 and any rules adopted under ORS 480.111 to 480.165. A fee may be charged for the permit. Subject to prior approval by the Oregon Department of Administrative Services, the amount of the fee shall be set by rule and shall be adjusted subsequently by the State Fire Marshal to finance the administrative expenses incurred under this section and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. (2) A retail sales permit issued under this section authorizes the sale of consumer fireworks only in the year for which the permit is issued during the period that begins on June 23 and ends on July 6 of the year for which the permit is issued. (3) A retail sales permit holder shall store consumer fireworks in accordance with any fire codes that the State Fire Marshal adopts by rule to ensure safe storage of those fireworks. The matters that the State Fire Marshal considers when adopting storage rules for fireworks may include, but are not limited to, any United States Department of Transportation requirements relating to hazardous materials storage.
ORS Chapter 480 — Explosives; Flammable

ORS 480.130. Permit for fireworks display; permit for wholesale sale of consumer fireworks; fee; rules. (1) All persons, municipalities, associations or organizations or groups of individuals desiring to sell, discharge, fire off, explode or display fireworks for a public display, or to sell consumer fireworks to persons who possess the permit referred to in ORS 480.127, shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale or date of the display. The State Fire Marshal, upon receipt of such application, shall determine if the proposed sale or display will conform to law and any rules promulgated thereunder. If the State Fire Marshal finds that the applicant is qualified to conduct such sale or display and that the proposed sale or display is in accordance with the law and all rules, the State Fire Marshal shall issue a permit; otherwise the State Fire Marshal shall refuse to issue it. (2) The fee for a permit for the public display of fireworks and each permit for the sale of any fireworks shall be established by rule by the State Fire Marshal, subject to prior approval by the Oregon Department of Administrative Services, and subsequently shall be adjusted to finance the administrative expenses incurred under this section and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. All fees collected shall be deposited to the credit of the State Fire Marshal Fund. (3) Sales permits for fireworks are not valid for more than one year from date of issue. A public display permit is not valid for more than 10 days from date of issuance and may authorize only one fireworks display during that period.
ORS Chapter 480 — Explosives; Flammable

ORS 480.140. Fireworks displays to be under supervision of police and fire department chiefs or county court. (1) Every such display held within the boundaries of any municipality shall be under the supervision of the chiefs of police and fire departments of the municipalities in which the display is to be held and shall be of such character, and so located, discharged or fired as, in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. (2) Every such display held outside the boundaries of any municipality or fire protection district shall be under the supervision of the county court of the county in which the display is to be held and shall be of such character, and so located, discharged or fired as, in the opinion of the county court or of a county official duly authorized by the county court, after proper inspection, shall not be hazardous to property or endanger any person.
ORS Chapter 480 — Explosives; Flammable

ORS 480.150. Permits for fireworks sales or displays; rules; security. (1) The State Fire Marshal may adopt reasonable rules for granting permits for supervised public displays or sales of fireworks by municipalities, fair associations, amusement parks, and other persons, organizations or groups of individuals. The governing body of any municipality, or of any county, may require liability insurance, or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other form of indemnity deemed adequate by the municipality, or the county, from any person, in a sum not less than $500, conditioned for payment of all damages which may be caused either to a person or property by reason of the authorized display or sale and arising from any acts of any person or agents, employees or subcontractors of the person. At the time a permit is revoked, the State Fire Marshal or approving authority may include in the revocation order a provision prohibiting the holder of the revoked permit from applying for or obtaining another such permit, for a period not to exceed three years from the revocation date, if the State Fire Marshal or approving authority finds that the circumstances of the permit holders failure to comply with applicable sale or display statutes and regulations presented a significant fire hazard or other public safety danger. (2) The State Fire Marshal or the approving authority of any governmental subdivision may revoke permits for display or sale of fireworks when in the opinion of the State Fire Marshal or the approving authority the sale or display of fireworks is not in compliance with applicable statutes and regulations governing such sale or displays. (3) Permit fees required by ORS 480.130 shall not be refunded in the event such permits are revoked.
ORS Chapter 480 — Explosives; Flammable

ORS 480.152. Publication of advertisement for sale of unlawful fireworks prohibited. (1) No person shall publish or cause to be published: (a) Any advertisement for the sale of fireworks the use or possession of which is declared unlawful by ORS 480.111 to 480.165. (b) Any advertisement for the sale of fireworks in any county, municipality or fire protection district that by law or ordinance has declared the sale or use of the fireworks is prohibited. (2) Subsection (1) of this section does not apply to any advertising medium that accepts such advertising in good faith, without knowledge of the violation of law.
ORS Chapter 480 — Explosives; Flammable

ORS 480.154. Manufacturer or wholesaler required to maintain records of sale of fireworks; shipments to show permit number; confiscation. (1) Each manufacturer or wholesaler of fireworks shall keep a record of all sales showing the name and address of the purchaser, the state of destination, license and permit numbers, the state and date of permit issuance and a list of the type and quantity of fireworks sold. (2) All shipments of fireworks coming into this state must show the appropriate permit number of the addressee on the outside of the package. If the permit number is not so shown, such shipment may be confiscated by a law enforcement officer or fire protection enforcement authority having jurisdiction.
ORS Chapter 480 — Explosives; Flammable

ORS 480.156. Sale of fireworks to out-of-state resident without valid license or permit prohibited; seller to ascertain license or permit requirements of other states; sellers records. (1) It is unlawful for any person to sell fireworks at wholesale to any out-of-state resident who does not possess and present to the seller for inspection at the time of sale a valid license or permit issued in the name of such out-of-state resident, if such license or permit is required to purchase, possess, transport, store, distribute, sell or otherwise deal with or use fireworks by the laws of such other state. (2) The burden of ascertaining whether the laws of such other state require a license or permit and whether the purchaser possesses such a valid license or permit shall be entirely on the seller. Each seller shall record, in a manner prescribed by the State Fire Marshal, each sale described in this section. The record shall include the identification of type and quantity of fireworks sold, name of purchaser, state of destination, state issuing license or permit and number or other identifying description and date of issue of license or permit.
ORS Chapter 480 — Explosives; Flammable

ORS 480.158. Parents of minor liable for costs incurred in suppressing fires caused by use of fireworks by minor; exception. (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by a public fire agency in suppressing fires caused by use of fireworks by such minor child. However, a parent who is not entitled to legal custody of the minor child at the time of the fire shall not be liable for such damages. (2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $5,000 payable to the same claimant, for one or more acts. (3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required. (4) Nothing in subsections (1) to (3) of this section applies to foster parents.
ORS Chapter 480 — Explosives; Flammable

ORS 480.160. Local regulation and effect of state law; local enforcement authority. (1) Nothing in ORS 480.111 to 480.165, nor in any permit issued thereunder, shall authorize the manufacture, sale, use or discharge of fireworks in any city, county or fire protection district in which such manufacture, sale, use or discharge is otherwise prohibited by law or municipal ordinance; nor shall any city, county or fire protection district authorize the sale or use of any fireworks prohibited by the provisions of ORS 480.111 to 480.165. (2) For the purposes of enforcing ORS 480.111 to 480.165 in an area exempt under ORS 476.030 (3) within a rural fire protection district, the fire marshal, if there is one, or the fire chief of that rural fire protection district has the same enforcement authority as the State Fire Marshal. (3) No person shall deliver or cause to be delivered into any county, municipality or rural fire protection district for the purpose of sale to individual members of the general public for personal use any consumer fireworks if the county, municipality or rural fire protection district by law or ordinance has declared that the sale or use of the consumer fireworks is prohibited. (4) The manufacture, sale, use or discharge of fireworks may be regulated by the governing body of a rural fire protection district, subject to the following conditions: (a) The regulation must be by ordinance adopted by the governing body of the district, after public notice and hearing, not later than January 1 of any calendar year in which regulation is to be operative. (b) The regulation shall not be operative within the boundaries of any city that regulates such matters by city ordinance. (c) The regulation shall not prohibit the manufacture, sale, use or discharge of fireworks the manufacture, sale, use or discharge of which is authorized by ORS
ORS Chapter 480 — Explosives; Flammable

ORS 480.165. Civil penalty for fireworks law violations. (1) In addition to any other penalty provided by law, any person who violates any provision of ORS 480.111 to 480.165, or any rule adopted by the State Fire Marshal pursuant thereto, is subject to a civil penalty imposed by the State Fire Marshal in an amount not to exceed $500 per violation. However, an individual member of the general public who possesses fireworks of a retail value less than $50 is not subject to a civil penalty. Each day a violation continues shall be considered a separate offense. (2) All moneys recovered pursuant to this section shall be paid into the State Fire Marshal Fund. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1991 c.856 2,3]
ORS Chapter 480 — Explosives; Flammable

ORS 480.170. [Repealed by 1987 c.158 107] MANUFACTURE, SALE, POSSESSION AND TRANSFER OF EXPLOSIVES
ORS Chapter 480 — Explosives; Flammable

ORS 480.200. Definitions for ORS 480.200 to 480.290. As used in ORS 480.200 to 480.290 unless the context requires otherwise: (1) Certificate of possession means a certificate issued under ORS 480.235 by the State Fire Marshal to applicants who have met the requirements of ORS 480.200 to 480.290. (2) Certificate of registration means a certificate of registration issued under ORS 480.244 by the State Fire Marshal for an explosives magazine. (3) Explosive means a chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters, but excludes fireworks, as defined in ORS 480.111, black powder, smokeless powder, small arms ammunition, small arms ammunition primers and fertilizer, as defined in ORS 633.311. (4) Issuing authority means the State Fire Marshal or an assistant appointed by the State Fire Marshal under ORS 480.280 (2). (5) Magazine means an approved facility for the storage of explosives. (6) Small arms ammunition means a shotgun, rifle, pistol or revolver cartridge. (7) Small arms ammunition primers means small percussion-sensitive explosive charges encased in a cup and used to ignite propellant powder.
ORS Chapter 480 — Explosives; Flammable

ORS 480.205. Application. ORS 480.200 to 480.290 and 480.990 (6) do not apply to: (1) The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized public law enforcement agency, public fire department or fire protection agency while engaged in the performance of official duties. (2) The possession of an explosive in the course of transportation by way of railroad, water, highway or air while under the jurisdiction of, or in conformity with, regulations adopted by the United States Department of Transportation.
ORS Chapter 480 — Explosives; Flammable

ORS 480.210. Certificate, license or permit required; display upon demand; defenses. (1) A person may not possess an explosive unless: (a) The person has in immediate possession at all times during the possession of the explosive a valid certificate of possession issued to the person under ORS
ORS Chapter 480 — Explosives; Flammable

ORS 480.215. Transfer of explosives limited. Possession of an explosive may not be transferred unless: (1) The transferee holds a certificate of possession under ORS 480.235 and the certificate is valid at the time of the transfer; (2) The transferee holds a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type that authorizes possession of the explosive by the transferee; or (3) The transferee is a consignee of explosives that have been transported under the jurisdiction of or in conformity with regulations adopted by the United States Department of Transportation.
ORS Chapter 480 — Explosives; Flammable

ORS 480.230. Application for certificate of possession; fee. A person desiring a certificate of possession shall apply on application forms provided by the Department of the State Fire Marshal. The forms shall be completed in full and shall include: (1) The applicants legal name, current address and current telephone number; (2) The applicants date of birth; (3) A statement by the applicant that the applicant is eligible for a certificate of possession under ORS 480.225; (4) The number of the certificate of registration issued under ORS 480.244 for the explosives magazine where the applicant intends to store the explosives; (5) Any other information that the issuing authority may require to readily identify the applicant; (6) A certification, signed and dated by the applicant, that the information contained in the application is true; and (7) A nonrefundable application fee of $50 for a three-year certificate.
ORS Chapter 480 — Explosives; Flammable

ORS 480.235. Waiting period for issuance of certificate of possession; investigation of applicant; authority of investigating body to require fingerprints; term of certificate; assignment or transfer prohibited; records required. (1) A certificate of possession shall be issued or denied within 45 days after the date of the application or the conclusion of the investigation conducted by the issuing authority pursuant to subsection (2) of this section. (2) The issuing authority shall conduct an investigation to ensure that the applicant meets the requirements listed in ORS 480.225 and 480.230. The issuing authority shall include fingerprinting and photographic identification in the investigation. The issuing authority may use fingerprints obtained under this subsection for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195. Unless the issuing authority finds that the applicant is ineligible under ORS 480.225 or 480.230, the authority shall issue a certificate of possession to the applicant. If the issuing authority finds that the applicant is ineligible under ORS 480.225 or 480.230, the authority shall issue a notification of denial. The denial is subject to the provisions of ORS
ORS Chapter 480 — Explosives; Flammable

ORS 480.239. Application for renewal of certificate of possession; testing criteria. Any applicant for the renewal of an unexpired certificate of possession issued on or after June 1, 2000, shall not be required to retake the safety examination described under ORS 480.225 (1)(j) to obtain the renewal unless the applicant has allowed the certificate to lapse. All other requirements for the issuance of a certificate shall be met before a certificate is renewed.
ORS Chapter 480 — Explosives; Flammable

ORS 480.260. [1971 c.518 16,17; repealed by 1999 c.980 18]
ORS Chapter 480 — Explosives; Flammable

ORS 480.265. Report of loss, theft or unlawful removal of explosives required. The loss, theft or unlawful removal of an explosive from the possession of any person shall be reported by the person within 24 hours to the issuing authority and a law enforcement agency of this state. The report shall include the type and quantity of the explosive.