reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0890 - Site Clean-Up

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following
			 the display, the operator, and assistants must conduct an inspection of the
			 fall-out area for the purpose of locating any unexploded aerial shells or
			 components. This inspection must be conducted before any public access to the
			 site is allowed. Any shells or components found during the search must not be
			 handled until at least fifteen minutes have elapsed from the time the shells or
			 components were fired. The fireworks must then be doused with water and allowed
			 to remain for at least five more minutes before being cautiously placed in a
			 plastic bucket or fiberboard box. The wholesaler who supplied the fireworks
			 must be contacted as soon as possible for disposal instructions.
(2) Mortar inspection and removal may be
			 conducted upon the elapse of not less than 10 minutes from the completion of
			 the display to allow for mortar cool-down or misfires.
(3) When fireworks are displayed at night and
			 it is not possible to thoroughly inspect the site, the operator must ensure the
			 entire site is re-inspected very early the following morning.
Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0900 - Transportation and Storage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Storage
			 of fireworks in residential locations, mini-storage units or other structures
			 is prohibited unless such storage is in accordance with the Oregon Fire Code,
			 as adopted by the State Fire Marshal pursuant to OAR 837-040-0010, Oregon
			 Structural Specialty Code as adopted by the Oregon Building Codes Division
			 pursuant to OAR 918-460-0010, and NFPA 1124 Manufacture, Transportation, and
			 Storage of Fireworks and Pyrotechnic Articles, 2013 Edition, these rules or
			 requirements of the local fire authority.
(2) Applicants must also provide a complete
			 and detailed description of how and where they will store Fireworks in their
			 possession before, during and after the display. The description must include:
(a) The address of the storage site and the
			 location of the storage areas at the storage site;
(b) The dates the fireworks will be at each
			 storage site; and
(c) The type of
			 magazine in which the fireworks are to be stored.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0910 - Prohibited Acts and Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 No individuals may be allowed in the discharge area while under the influence
			 of alcohol, narcotics, or drugs.
(2) Smoking is not allowed within 100 feet of
			 any area where fireworks or other pyrotechnic materials are present.
(3) Only authorized individuals will be
			 allowed within the discharge site.
(4) No individual may maintain or allow the
			 existence of a fire hazard at any location under their control where fireworks
			 are stored, transported, sold, or used.
(5) No permit holder may use:
(a) Any fireworks that have been altered;
(b) Any fireworks other than those
			 supplied or distributed by a person with a current Oregon wholesale fireworks
			 permit.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0920 - Records Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permit
			 holders must keep a record of each shipment of fireworks received. The record
			 must include the wholesaler's name, address, display permit number and a list
			 of the fireworks received including the name and quantity of each
			 fireworks.
(2) Upon request, the
			 records for each shipment received must be readily available for review and
			 inspection by the local fire authority or representatives of the State Fire
			 Marshal.
(3) All records must be
			 clear, legible, accurate, and maintained for three years from the date of
			 receipt of the fireworks. The records must be submitted to the local fire
			 authority or the State Fire Marshal upon request.
NOTE
: The Wholesaler from whom the Fireworks were
				purchased may maintain the records.
Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0930 - Advertisements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No Person Shall
			 publish or cause to be published:
(a) Any
			 advertisement for distribution to the general public concerning the sale of
			 Fireworks which have been declared unlawful by ORS
			 480.110 to
			 480.160, or these rules, for
			 residents to purchase, use, store transport, Sell, discharge, or
			 possess;
(b) Any advertisement for
			 the sale of items described in ORS
			 480.127 in any county,
			 municipality or fire protection district that by law or ordinance has declared
			 the sale, use, or possession of such items to be prohibited.
NOTE:
The rules in this section concerning
				advertisements do not apply to any advertising medium which accepts such
				advertising in good faith, without knowledge of the violation of law or these
				rules.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0940 - Civil and Criminal Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to denying, revoking or
			 suspending permit and certification pursuant to administrative hearing and
			 appeals procedures as specified in law, the State Fire Marshal, fire or law
			 enforcement authority may:
(a) Confiscate,
			 remove or have removed at the violator's expense all fireworks offered for
			 sale, used, transported, stored, or possessed in violation of these rules;
			 and
(b) Destroy seized fireworks
			 when it has been determined that destruction is necessary for the preservation
			 of public safety or health, that the sale, transport, storage or possession of
			 the seized fireworks was in violation of the laws and rules of the State of
			 Oregon or the ordinances of local municipalities.
NOTE
: Upon the confiscation or prior to the
				destruction of any seized pyrotechnics, the person responsible for the
				confiscation or destruction, may contact the person who the fireworks were
				seized from.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0950 - Insurance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The governing body of any municipality or of any county, may
				require liability insurance 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 fireworks display and arising from any
				acts of any person or agents, employees or subcontractors of the person.
NOTE
: Local Fire Authorities often require the
				industry standard amount of liability insurance of $1
				million.
Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0960 - Fire Protection

Current through Register Vol. 63, No. 7, July 1, 2024
Fire extinguishers must be provided in numbers and locations
				throughout the display site as required by the local fire authority.
NOTE
: At a minimum, at least two 2A rated water
				type extinguishers, or equivalent water type extinguishing system, or an
				alternative determined by the Local Fire Authority Must be
				provided.
Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0970 - Reports for General Displays

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within 10 days following each general display, the operator in charge of the
			 display must complete a report on forms provided by the State Fire Marshal,
			 submit to the State Fire Marshal, and certify the information contained in the
			 report is accurate. Certification and future permits may be denied, suspended,
			 or revoked for false reporting or failure to complete the report.
(2) The operator must provide the information
			 on the report form provided by the State Fire Marshal. At a minimum, each
			 report must contain the following:
(a) The
			 printed name, signature, mailing address, certification number and telephone
			 number of the operator in charge of the display and who is completing the
			 report;
(b) Name of permit holder
			 to whom the permit was issued;
(c)
			 The number assigned to the permit by the State Fire Marshal;
(d) The date and time of day the display was
			 actually held;
(e) The location of
			 the display. Include address or description sufficient to locate;
(f) A list of all fireworks discharged
			 including the size and number of shells and set pieces;
(g) A list of all operators that assisted in
			 assembling, discharging, or supervising the display. The list must include the
			 name, certification number, and description of duties performed for each
			 operator;
(h) A list of all
			 assistants that assisted operators with the display. The list must include the
			 name, mailing address, telephone number, and a description of duties performed
			 for each assistant;
(i) A list of
			 all fireworks that were duds, malfunctioned, or were defective. For each
			 firework listed, the report must include, type of firework and size of
			 firework, if applicable (example six inch shell);
(j) A description of any injuries caused by
			 fireworks authorized by the permit. Each injury must be listed separately, and
			 include the name of the firework, when known, that injured the person, the
			 cause of the injury, and name, address, age and telephone number of the injured
			 person;
(k) A description of any
			 fires caused by fireworks authorized by the permit. Each fire must be listed
			 separately and include the name of the firework, when known, that started the
			 fire, the cause of the fire, and a brief description of the damage that
			 occurred.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1000 - Authority and Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules are promulgated under the State Fire Marshal's authority contained in ORS
			 476.030 and 480.165.
(2) These
			 rules apply to any person who violates any provision of ORS 480.111 through
			 480.165 and the rules adopted thereto including, but not limited to, those for
			 fireworks displays, pest control use of fireworks, wholesale and retail sales
			 of fireworks, special effect fireworks, and manufacturing of
			 fireworks.
Stat. Auth.: ORS 183.090 & 480.110 - 480.165
Stats. Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish the basis and process by which citations and penalties will be
			 determined and issued for violations of ORS 480.111 through 480.165 and OAR
			 chapter 837, division 12.
(2) These
			 rules provide for fire authorities, as defined in ORS 476.060, to issue
			 citations and proposed penalties.
(3) Each violation is classified and penalty
			 assessed according to violation type and instance.
Stat. Auth.: ORS 183.090 & 480.110 - 480.165
Stats. Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1020 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 837-12-1000 through 837-12-1110 are effective July 1,
				2014.
Stat. Auth.: ORS 183.090 & 480.110 - 480.165
Stats. Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1040 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish civil penalty criteria for types I, II, III and IV violations and the
			 instances for each type of violation.
(2) These rules apply to persons who violate
			 the requirements of ORS 480.111 through 480.165 or OAR chapter 837, division
			 12.
(3) Fire authorities may apply
			 these rules per ORS 476.060.
(4) A
			 citation describing the violation and assessed penalty may be issued to persons
			 in non-compliance with ORS 480.111 through 480.165 or OAR chapter 837, division
			 12.
(5) Each separate instance of
			 non-compliance with ORS 480.111 through 480.165 or OAR chapter 837, division 12
			 is considered a separate violation.
(6) Each day that a violation continues is
			 considered a separate violation.
(7) The distribution, sale, use, manufacture,
			 or possession of any amount of illegal fireworks is prohibited and subject to
			 citation and penalty.
(8) In
			 addition to the issuance of citations and penalties under these rules, the
			 State Fire Marshal and fire authority acting in accordance with ORS 476.060 and
			 480.154(2) and OAR 837-12-560(1)(a) and 837-12-675(1)(a):
(a) May confiscate any amount of illegal
			 fireworks; and
(b) May confiscate
			 other fireworks possessed by person violating ORS 480.111 through 480.165 and
			 OAR chapter 837, division 12.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1050 - Violation Types, Instances, and Penalty Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Penalties may be assessed according to
			 violation type and instance in Table 2 and OAR 837-12-1130 through 837-12-1160,
			 except as provided in OAR 837-12-1100.
(2) The types of violations are:
(a) Least - type I;
(b) Minimal - type II;
(c) Moderate - type III;
(d) Severe - type IV.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1060 - Issuance of Civil Penalty Citation and Forwarding to the Office of State Fire Marshal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local fire
			 authority, pursuant to ORS
			 476.060, has the authority to
			 issue civil penalty citations for violation of ORS
			 480.111 through
			 480.165 and OAR chapter 837,
			 division 12.
(2) A citation may
			 impose a penalty or provide a warning (OAR 837-12-1050, Table 2).
(3) The citation must be forwarded to the
			 Department of the State Fire Marshal within ten days of issuance. Where
			 possible, each citation may be accompanied by a copy of the issuing authority's
			 written report, inspection sheets, Fire District Property Report (or evidence
			 receipt - Form #920-021-06) or any other forms that are completed during the
			 process of issuing citations.
(4)
			 The Department of the State Fire Marshal will issue a notice of civil penalty
			 based upon the information contained in the citation and any accompanying
			 documentation.
Tables and Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  183.090 &
				  480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1070 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 request a hearing regarding the assessment of a civil penalty.
(2) Hearings requests must be filed at the
			 Salem Department of the State Fire Marshal within 20 days from the date of
			 service of the notice of civil penalty.
(3) Any person who requests a hearing is
			 entitled to a hearing.
(4) The
			 hearing process may include:
(a) An informal
			 conference to discuss if there is a basis for informal disposition of a civil
			 penalty by stipulation, agreed settlement, or other means;
(b) A formal hearing before a hearings
			 officer where the laws, rules, and evidence are presented, considered, and a
			 proposed opinion and order issued.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1080 - Informal Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of the State Fire Marshal will provide an opportunity for a person
			 to informally discuss a civil penalty assessed against them.
(2) An informal conference may be requested
			 prior to a request for a formal hearing; however, a formal hearing must be
			 requested within 20 days of the date of service of the notice of civil
			 penalty.
(3) The request for an
			 informal conference may be in any form; and
(a) Must be addressed to the Department of
			 the State Fire Marshal; and
(b)
			 Must clearly state the subject to be discussed.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1090 - Formal Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 request a formal hearing at any time before or after an informal conference, as
			 long as the 20 day period for requesting a hearing has not lapsed.
(2) The Department of the State Fire Marshal
			 will arrange for a hearings officer to conduct the formal hearing.
(3) The Department of the State Fire Marshal
			 will set a date, time, and location for the formal hearing.
(4) The Department of the State Fire Marshal
			 will notify, by letter, the person requesting the hearing (or their designated
			 representative) of the date, time, location, and the hearings officer
			 conducting the formal hearing.
(5)
			 The hearings officer will hear the case and render a proposed opinion and
			 order, including recommended findings of fact and conclusions of law, according
			 to the Administrative Procedures Act (APA), ORS
			 183.025 to
			 183.725.
(6) The formal hearing will be conducted as
			 follows:
(a) The hearings officer will act as
			 an impartial third party;
(b) It is
			 not necessary for the person that requested the hearing to be represented by
			 legal counsel;
(c) The Department
			 of the State Fire Marshal may or may not elect to be represented by legal
			 counsel;
(d) Testimony must be
			 taken under oath;
(e) All evidence
			 of a type commonly relied upon by a reasonably prudent person in the conduct of
			 their serious affairs is admissible;
(f) Hearsay evidence is admissible if it
			 meets statutory standards for being reliable and trustworthy.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1100 - Penalty Adjustments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 assessment or adjustment of penalties for amounts other than those set by OAR
			 837-12-1050 may be done only by the State Fire Marshal through a hearings
			 process either formally or informally.
(2) The assessment of penalties not in
			 conformance with OAR 837-12-1050 may be made only after considering:
(a) The gravity and magnitude of the
			 violation;
(b) The person's
			 previous record;
(c) Such other
			 considerations as the State Fire Marshal may consider appropriate.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1110 - Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
Judicial review of an agency order made after a hearing may be
				provided according to ORS 183.480 or 183.497.
Stat. Auth.: ORS 183.090 & 480.110 - 480.165
Stats. Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1120 - Payment of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 penalty must be paid to the Department of the State Fire Marshal within ten
			 days after an order assessing a civil penalty becomes final by operation of law
			 or on an appeal.
(2) Penalties not
			 paid within ten days after the order becomes final may be recorded with the
			 county clerk in any county in Oregon.
(3) Upon recording of the penalty, the county
			 clerk must record the name of the person incurring the penalty and the amount
			 of the penalty in the County Clerk Lien Record.
Statutory/Other Authority: ORS
				  183.090 &
				  480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 -
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1130 - Type I Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Type I
			 violations are subject to penalties ranging from $0 to $75 a day depending upon
			 instance and in accordance with OAR 837-12-1050(3).
(2) Examples of Type I violations include but
			 are not limited to:
(a) Failure to post "No
			 Smoking" signs at the retail fireworks sales stand;
(b) Failure to provide required fire
			 extinguishing equipment at the retail fireworks sales stand;
(c) Failure to maintain a clean, orderly area
			 within 20 feet of the retail sales area;
(d) Failure to keep a copy of the retail
			 sales permit at the retail sales stand while the stand is open;
(e) Possession of illegal fireworks worth
			 less than $50.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1140 - Type II Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Type II
			 violations are subject to penalties ranging from $25 to $150 a day depending
			 upon instance and in accordance with OAR 837-12-1050(3).
(2) Examples of Type II violations include
			 but are not limited to:
(a) Failure to have
			 person 18 years of age or over inside the retail sales stand during business
			 hours;
(b) Omission of the required
			 wholesale permit number, address and name of the wholesaler on any fireworks
			 shipped within or into the State of Oregon;
(c) Omission of the name of the retail sales
			 permit holder and retail sales permit number on fireworks cartons, containers,
			 cases, and associated paperwork purchased by the permit holder and shipped
			 within or into the State of Oregon;
(d) Possession of more than $50 but less than
			 $100 worth of illegal fireworks;
(e) Discharge of less than $50 worth of
			 illegal fireworks;
(f) Smoking or
			 the ignition of fireworks within 100 feet of any fireworks stand.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1150 - Type III Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Type III
			 violations are subject to penalties ranging from $75 to $250 a day depending
			 upon instance and in accordance with OAR 837-12-1050(3).
(2) Examples of Type III violations include
			 but are not limited to:
(a) Possession of $100
			 or more of illegal 1.4g fireworks;
(b) Sale of any amount of 1.4g fireworks
			 without the necessary permits issued by the Department of the State Fire
			 Marshal and, where required, the local authority having jurisdiction;
(c) Sales of allowed fireworks to children
			 less than 16 years of age;
(d) The
			 purchase of fireworks by an Oregon Retail permit holder from an unlicensed
			 wholesaler;
(e) Purchase of any
			 amount of 1.4g fireworks without the necessary permits issued by the Department
			 of the State Fire Marshal or, where required, the local authority having
			 jurisdiction;
(f) Manufacturing or
			 altering any fireworks;
(g) Storage
			 of any amount of 1.3g fireworks without the necessary permits issued by the
			 Department of the State Fire Marshal and, where required, the local authority
			 having jurisdiction;
(h) Use of
			 fireworks in a manner that presents a danger to life or property.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1160 - Type IV Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Type IV
			 violations are subject to penalties ranging from $125 to $500 a day depending
			 upon instance and in accordance with OAR 837-12-1050(3).
(2) Examples of Type IV violations include
			 but are not limited to:
(a) Possession of $50
			 or more of 1.3g fireworks without the necessary permits issued by the
			 Department of the State Fire Marshal and, where required, the local authority
			 having jurisdiction;
(b) Conducting
			 a fireworks display without the necessary permits or pyrotechnician
			 certification issued by the Department of the State Fire Marshal and, where
			 required, the local authority having jurisdiction
(c) Purchase of any amount of 1.3g fireworks
			 without the necessary permits issued by the Department of the State Fire
			 Marshal and, where required, the local authority having jurisdiction;
(d) Conducting the sale of any amount of 1.3g
			 fireworks without the necessary permits issued by the Department of the State
			 Fire Marshal and, where required, the local authority having
			 jurisdiction;
(e) Conducting a
			 fireworks display using illegal or unauthorized fireworks;
(f) Intentional or indiscriminate use of
			 fireworks which injure someone or cause more than $250 in property
			 damage;
(g) Wholesale sales of
			 fireworks without an Oregon wholesale permit;
(h) Storage of fireworks by a wholesaler in
			 an unapproved location.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1200 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of these rules is to establish standards, policies, and procedures for the
possession
, storage, and use of
explosives
for the protection and safety of the public, first responders, and
individuals
purchasing, possessing, storing, using, and
			 transporting
explosives
.
(2) The scope of these rules applies to the
			 implementation of ORS
			 480.200 through
			 480.290.
Stat. Auth.: ORS
				  476.030 &
				  480.280
Stats. Implemented: ORS
				  480.200 -
				  480.290
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 837-012-1200  through 837-012-1420  the
				following definitions apply:
(1)
			 "Authorized Agent" as referenced in ORS
			 480.210 means an employee or
			 representative of a manufacturer of explosives or dealer in explosives licensed
			 by BATFE who possesses explosives for purposes of manufacturing or dealing. The
			 term does not include an employee or representative who uses or possesses
			 explosives for other purposes.
(2)
			 "BATFE" means the Bureau of Alcohol, Tobacco, Firearms and
			 Explosives.
(3) "Certificate of
			 Possession" has the meaning provided in ORS
			 480.200(1).
(4) "Certificate of Registration" has the
			 meaning provided in ORS
			 480.200(2).
(5) "Day Box" means:
(a) A structure or container used for the
			 temporary transport or temporary keeping of explosives for present
			 use.
(b) Is always attended and in
			 line of sight vision of a holder of a certificate of possession.
(c) Complies with the construction
			 requirements of NFPA 495, Explosive Materials Code, 2001 Edition, 8-6.3 (A) and
			 (B).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1220 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1230 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1240 - Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1250 - Eligibility for a Certificate of Possession

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for a
certificate of
				possession
, applicants
must
meet the requirements
				under ORS 480.225 and
				480.230.
Stat. Auth.: ORS 476 & 480
Stats. Implemented: ORS
				  480.200 -
				  480.290 &
				  480.990(6)
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1260 - Certificate of Possession - Examination

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1270 - Certificate of Possession - Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1280 - Certificate of Possession - Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1290 - Explosives Storage

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1300 - Magazine Registration and Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1310 - State Fire Marshal Inspection of Magazines

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1320 - Certificate of Registration of Magazine - With Bureau of Alcohol, Tobacco, Firearms and Explosives Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1330 - Certificate of Registration of Magazine - Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1340 - Fire and Life Safety Standards

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1350 - Removal/Confiscation of Explosives

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Explosives may not be stored in a magazine, or possessed by an individual if:
(a) An application for a certification of
			 registration, or certificate of possession, is denied.
(b) A certificate of registration, or
			 certificate of possession, is suspended or revoked pursuant to ORS
			 480.244(9) or
			 480.270 or these
			 rules.
(c) A certificate of
			 registration, or certificate of possession, expires or
			 lapses.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1360 - Magazine Re-location - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Re-location of any magazine required to
			 be registered under ORS
			 480.244 must be reported to the
			 Department of the State Fire Marshal within 24 hours of its
			 relocation.
(2) The owner or the
			 individual with either:
(a) Physical
			 possession; or
(b) Control of the
			 magazine is the individual responsible for reporting the relocation of the
			 magazine.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1370 - Record Keeping Requirements for Explosives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Holders of a certificate of possession
			 must maintain a record of the type and quantity of all explosives
			 possessed.
(2) The Department of
			 the State Fire Marshal may inspect the records required to be maintained under
			 ORS 480.235(5) and
			 subsection (1) of this rule:
(a) At the time
			 of the magazine inspection by the Department of the State Fire Marshal;
			 or
(b) Upon demand by the
			 Department of the State Fire Marshal.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1380 - Hazardous Materials Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
Persons
possessing 10 pounds or more of
explosives
, 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.
Stat. Auth.: ORS 453, 476, 478 & 480
Stats. Implemented: ORS
				  480.200 -
				  480.290 &
				  480.990(6)
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1390 - Denial, Suspension or Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of the State Fire Marshal
			 may deny, suspend or revoke a certificate of possession if:
(a) An individual who has applied for, or has
			 been issued, a certificate of possession is ineligible for the certificate
			 under ORS 480.225 or
			 480.230; or
(b) The individual who has been issued a
			 certificate of possession has been convicted of a violation under ORS
			 480.990(6).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1400 - Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 request a formal hearing regarding the suspension, revocation, or denial of a
			 certificate of registration or a certificate of possession by the Department of
			 the State Fire Marshal.
(2) A
			 request for hearing must be timely filed.
(3) A request for hearing is timely filed
			 when the request is postmarked or received by the Department of the State Fire
			 Marshal within 20 days from the date of service of the notice of suspension,
			 revocation, or denial, unless a 60-day deadline applies pursuant to ORS
			 183.435.
(4) If a request for hearing is not timely
			 filed under section (3) of this rule, the person waives the right to a
			 contested case under ORS chapter 183.
(5) A person may write to or call the
			 Department of the State Fire Marshal to informally discuss the notice of
			 suspension, revocation, or denial; however, an informal communication may not
			 extend the deadline established in subsection (3) of this rule.
(6) A contested case may include:
(a) An informal conference, or
(b) A formal hearing.