Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-1030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Citation"
			 means a document issued by the Department of the State Fire Marshal or a fire
			 authority pursuant to ORS
			 480.165 to issue a civil penalty
			 for a violation of ORS
			 480.111 through
			 480.165 and OAR chapter 837,
			 division 12. A citation may include, but is not limited to, a description of
			 each violation and a notice of civil penalty assessment.
(2) "Display fireworks" has the meaning
			 provided in ORS 480.111(4).
(3) "Exempt fireworks" has the meaning
			 provided in ORS 480.111(5).
(4) "Fireworks has the meaning provided in
			 ORS 480.110(7).
(5) "Formal hearing" means a hearing before a
			 hearings officer where the laws, rules, and evidence are presented, considered,
			 and a proposed opinion and order issued.
(6) "Hazard" means a condition which could
			 result in fire loss injury or damage to a person or property.
(7) "Hearings request" means the written
			 request for a formal hearing to contest a civil penalty.
(8) "Illegal fireworks" means any fireworks
			 other than consumer fireworks including but not limited to, any firework that
			 flies into the air, or explodes or behaves in an uncontrolled and unpredictable
			 manner.
(9) "Individual" means a
			 single human being.
(10) "Informal
			 hearing" means a conference to discuss if there is a basis for informal
			 disposition of a civil penalty by stipulation, agreed settlement, or other
			 means.
(11) "Instance" means the
			 number of times a person has been cited. These are identified as 1st, 2nd, and
			 3rd instances.
(12) "Local fire
			 authority" means the local fire official having jurisdiction.
(13) "May" means a regulation of conduct and
			 implies probability or permission.
(14) "Must" means a mandatory
			 requirement.
(15) "Person" means
			 one or more individuals, legal representatives, partnerships, joint ventures,
			 associations, corporations (whether or not organized for profit), business
			 trusts, or any organized group of persons and includes the state, state
			 agencies, counties, municipal corporations, school districts, and other public
			 corporations.
(16) "Retail permit "
			 means the official written document issued by the Department of the State Fire
			 Marshal pursuant to ORS
			 480.127 that authorizes the
			 purchase, transport, possession, storing and sale of retail fireworks, at
			 retail, when otherwise in conformance with all applicable requirements of ORS
			 480.111 through
			 480.165, OAR chapter 837,
			 division 12, and any other federal, state and local laws, rules and
			 regulations.
(17) "State Fire
			 Marshal" means the State Fire Marshal or his/her administrative
			 designee.
(18) "Type" means the
			 classification of violation, i.e., least, minimal, moderate, or severe. These
			 are identified as type I, II, III or IV.
(19) "Violation" types mean:
(a) "Least violation" means a type I
			 violation which poses very little hazard or threat;
(b) "Minimal violation" means a type II
			 violation which poses a minor hazard or threat;
(c) "Moderate violation" means a type III
			 violation which poses a significant hazard or threat;
(d) "Severe violation" means a type IV
			 violation which poses a substantial hazard or threat.