reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 200 - DEPARTMENT REGULATORY PROGRAMS › Section 836-200-0660 - Education; Provider Trade Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A registered education provider shall not
			 engage in false, misleading or deceptive advertising.
(2) A registered education provider must
			 disclose in writing the charges for a course to each pharmaceutical
			 representative applying to take the course, prior to enrollment of the
			 course.
(3) If a registered
			 education provider cancels a course for any reason, the education provider must
			 refund all charges in full unless the refund policy is clearly described in the
			 enrollment application for the course.
(4) A registered education provider shall
			 ensure that each registered course and each course for which registration is
			 sought provides students with current and accurate information.
(5) A registered education provider shall
			 include a statement in all material published by the education provider to
			 advertise or promote pharmaceutical representative education that the education
			 provider and courses are registered with the department and that registration
			 does not imply endorsement by the department.
(6) A registered education provider may not
			 advertise education hours until the course has been approved by the department.
			 If approval has been applied for, however, a registered education provider may
			 so advertise.
(7) A registered
			 education provider shall not give credit for a course unless the department has
			 approved the registration application for the course and the registered
			 provider.
(8) A registered
			 education provider of courses shall maintain an accurate record of each course
			 offered, instructors and student attendance records for not less than three
			 years after the date of completion of the course.
Statutory/Other Authority: ORS
				  731.244 & Or Laws 2021,
				  ch 593
Statutes/Other Implemented: Or Laws 2021, ch
				  593
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 200 - DEPARTMENT REGULATORY PROGRAMS › Section 836-200-0670 - Education; Credit for Unregistered Courses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A pharmaceutical representative may apply
			 for credit as provided in this rule for a course that is not registered. In
			 order to apply for credit, the pharmaceutical representative must submit to the
			 department an application on a form provided by the department and
			 substantiation of the course as provided in this rule. The application and
			 substantiation must be submitted not later than the 180th day after the date of
			 completion of the course.
(2) If an
			 unregistered course is on a subject permitted under OAR 836-200-0635, the
			 pharmaceutical representative must substantiate to the department's
			 satisfaction that the course meets the requirements of OAR 836-200-0645  and
			 that the pharmaceutical representative attended and completed the course. To
			 make the substantiation, the pharmaceutical representative must submit
			 documentation of the proof of attendance and course completion provided by the
			 education provider concerning the course.
(3) The application and substantiation
			 required under this rule are subject to review by the department for the
			 purpose of determining whether to certify the course for credit and evaluating
			 and assigning credit hours. The department may certify the course, or may
			 reject it if the department determines that the course does not meet applicable
			 requirements.
Statutory/Other Authority: ORS
				  731.244 & Or Laws 2021,
				  ch 593
Statutes/Other Implemented: Or Laws 2021, ch
				  593
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 1 - PROCEDURAL RULES › Section 837-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending or repealing any permanent rule, the
				State Fire Marshal will give notice of the intended action:
(1) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least twenty-one (21)
			 days before the effective date of the rule;
(2) By mailing a copy of the notice to
			 persons on the State Fire Marshal's mailing list established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
(b) League of Oregon Cities;
(c) State Building Code Division;
(d) Fire Standards and Accreditation
			 Board;
(e) Accident Prevention
			 Division, Workmen's Compensation Board;
(f) Association of Oregon Counties;
(g) Oregon Fire Chiefs Association;
(h) Oregon Fire Marshals
			 Association;
(i) Associated General
			 Contractors;
(j) Oregon Council of
			 AIA;
(k) International Conference
			 of Building Officials;
(l) Housing
			 Urban Development;
(m) Oregon State
			 Health Division;
(n) Department of
			 Commerce;
(o) Professional
			 Engineers of Oregon;
(p) Oregon
			 Association of Hospitals;
(q)
			 Northwest Natural Gas;
(r) Capitol
			 Press Room;
(s) Oregon State
			 Bar;
(t) Department of Human
			 Resources;
(u) Oregon Labor
			 Press;
(v) Oregon States
			 Association of PHCC;
(w) Oregon
			 Health Care Association;
(x) Oregon
			 State Home Builders Association.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 1 - PROCEDURAL RULES › Section 837-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the State Fire Marshal
				adopts by reference the Attorney General's Uniform and Model Rules of Procedure
				under the Administrative Procedures Act effective January 1,
				2006.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Fire
				  Marshal.
Stat. Auth.: ORS
				  183.341,
				  183.360 &
				  476.030
Stats. Implemented: ORS
				  183.335,
				  476.030 &
				  183.341
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 1 - PROCEDURAL RULES › Section 837-001-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 ORS 293.445, this rule provides for
			 the refund of fees paid in excess of the amount legally due the State Fire
			 Marshal pursuant to ORS Chapters 476 and 480.
(2) The State Fire Marshal shall not refund
			 fees paid in excess of the amount legally due, if the amount is $10 or less:
(a) Unless a refund is requested in writing
			 by the applicant or the applicant's legal representative; and
(b) Unless the request is received within
			 three years after the date payment is received by the State Fire
			 Marshal.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 1 - PROCEDURAL RULES › Section 837-001-0015 - Authorized Representatives in Contested Case Hearings Contemplated Under ORS 453.382, 453.404, 480.355, 480.385, and 183.310

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A partnership, corporation, association,
			 organized group or governmental authority other than a state agency may appear
			 in a contested case by an authorized representative if the Fire Marshal has
			 determined that appearance by an authorized representative will not hinder the
			 orderly and timely development of the record in the contested case. This rule
			 applies to the types of contested cases contemplated under ORS
			 453.382,
			 453.404,
			 480.355,
			 480.385, and
			 183.310.
(2) For purposes of this rule, "authorized
			 representative" means a member of a participating partnership, an authorized
			 officer or employee or a participating corporation, association or organized
			 group, or an authorized officer or employee of a participating governmental
			 authority other than a state agency.
Stat. Auth.: ORS
				  183.455(2)
Stats. Implemented: ORS
				  183.455(2), ORS
				  453.382, ORS
				  453.404, ORS
				  480.355, ORS
				  480.385 & ORS
				  183.310
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 1 - PROCEDURAL RULES › Section 837-001-0020 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				36.224, the Department of the
				State Fire Marshal adopts by reference OAR 137-005-0052  as promulgated by the
				Attorney General effective as of November 13, 2018.
Statutory/Other Authority: ORS
				  36.224 & ORS
				  476.030
Statutes/Other Implemented: ORS
				  36.224, ORS
				  36.228, ORS
				  36.230 & ORS
				  36.232
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0305 - Purpose and Scope-Pest Control Fireworks in Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules establish permit and other
			 requirements for the use of pest control fireworks, as allowed under HB 2432
			 (2015 OL Ch. 57) and 480.124, to repel birds or other
			 animals from certain properties.
(2) A pest control fireworks permit allows
			 the permit holder to engage only in those activities including the purchase,
			 transportation, possession, storage and use of pest control fireworks (1.4E)
			 when those activities are otherwise in conformance with the requirements of HB
			 2432 (2015 OL Ch. 57) and ORS 480.124, these rules, and any other applicable
			 state, federal, or local requirements.
(3) An individual member of the general
			 public may not buy or use pest control fireworks unless they have applied for
			 and obtained a pest control fireworks permit from the Department of the State
			 Fire Marshal pursuant to these rules. Violation of these rules may result in
			 confiscation of the fireworks, and the assessment of penalties in accordance
			 with ORS 480.990 and OAR
			 837-012-0560.
Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) &
				  480.124
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 837-012-0310 - Pest Control Fireworks Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person engaged in, or intending to
			 engage in, the use of pest control fireworks must apply for and obtain pest
			 control fireworks permit issued by the Department of the State Fire
			 Marshal.
(2) Upon receipt of a
			 properly completed and approved application, the Department of the State Fire
			 Marshal will issue a nontransferable permit to the applicant or persons
			 designated to discharge the fireworks. The State Fire Marshal may deny any
			 application for a permit to discharge pest control fireworks upon determining
			 the proposed purchase or use is not in accordance with these rules or
			 applicable statutes. A separate pest control fireworks permit must be applied
			 for and obtained for each property where a person desires to use pest control
			 fireworks. A separate permit is not necessary for multiple contiguous
			 properties if the applicant has responsible charge of all the
			 properties.
(3) The application for
			 a pest control fireworks permit must be made on a form provided by the
			 Department of the State Fire Marshal.
(4) All information provided by the applicant
			 on the permit application must be true and correct to the permit applicant's
			 knowledge.
(5) All applications
			 must include a statement describing the bird or animal activities that the
			 applicant deems to be injurious or destructive to the property on which the
			 pest control fireworks are to be used. Such statement shall also include the
			 types of birds or animals to be repelled by pest control fireworks.
(6) If a permit holder wishes to repel birds
			 or animals not identified on the current permit, or wishes to address
			 destructive or injurious activities not identified on the current permit, the
			 permit holder must request the Department of the State Fire Marshal revise the
			 permit. Prior to the Department of the State Fire Marshal revising the permit,
			 the permit holder must submit a supplemental written statement identifying the
			 birds or animals, or the activities that the applicant deems to be injurious or
			 destructive to the property, on which the pest control fireworks are to be
			 used.
(7) The Department of the
			 State Fire Marshal may grant or deny permit applications within 10 business
			 days following receipt of a properly completed and submitted permit
			 application. Any denial will be in conformance with ORS
			 183.310 to
			 183.550.
Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) &
				  480.124
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 837-012-0315 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Agent" means
			 an individual designated by the permit holder to pick up the pest control
			 fireworks authorized by the pest control fireworks permit from an Oregon
			 licensed wholesaler when the permit holder is unable to pick up the pest
			 control fireworks.
(2) "Airport"
			 means any area of land or water that is used, or intended for use, for the
			 landing and take-off of aircraft, and any appurtenant areas that are used, or
			 intended for use, for airport buildings or other airport facilities or rights
			 of way, together with all airport buildings and facilities located
			 thereon.
(3) "Commercially
			 valuable" means a product that, based on public demand, would generate profit
			 if sold.
(4) "Estuary" means:
(a) For waters other than the Columbia River,
			 the body of water from the ocean to the head of tidewater that is partially
			 enclosed by land and within which salt water is usually diluted by fresh water
			 from the land, including all associated estuarine waters, tidelands, tidal
			 marshes and submerged lands; and
(b) For the Columbia River, all waters from
			 the mouth of the river up to the western edge of Puget Island, including all
			 associated estuarine waters, tidelands, tidal marshes, and submerged
			 lands.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0320 - Storage of Pest Control Fireworks

Current through Register Vol. 63, No. 7, July 1, 2024
Pest control fireworks must be stored in accordance with the
				requirements of these rules, the Oregon Fire Code as adopted by the State Fire
				Marshal pursuant to OAR
				837-040-0010 and the Oregon Structural Specialty Code as adopted by the Oregon Building
				Codes Division pursuant to OAR
				918-460-0010.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: HB 2432 (2015 OL Ch. 57) & 480.124
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 837-012-0325 - Permits-Denial, Suspension, Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Fire Marshal may deny, suspend
			 or revoke a pest control fireworks permit for violation of ORS
			 480.111 through
			 480.165 and OAR chapter 837,
			 division 12, or upon a determination the proposed or permitted use does not
			 conform with federal or state law or local regulations. Any such revocation,
			 suspension or denial will be in conformance with ORS
			 183.310 to
			 183.550.
(2) The period of denial, suspension or
			 revocation may not exceed three years.
(3) The following criteria are used by the
			 Department of the State Fire Marshal to determine the appropriate sanction:
(a) The severity of the violation or
			 violations and the impact on public safety, particularly if the circumstances
			 of a violation 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 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 pest control fireworks
			 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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0330 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pest control
			 fireworks may only be used to repel birds or animals from properties if the
			 birds or animals are or may be injurious or destructive to a property,
			 including crops and livestock located on the property, identified in HB 2432
			 (2015 OL Ch. 57).
(2) Pest control
			 fireworks may only be used by the permit holder to deter the destructive or
			 injurious activities specified on the permit application by the types of birds
			 or animals listed on the permit application.
(3) Pest control fireworks permit holders
			 desiring to engage in other types of fireworks activities, including wholesale
			 sales, fireworks displays or retail sales, must meet all applicable
			 requirements in ORS 480.111 through
			 480.165 and OAR chapter 837,
			 division 12.
(4) Pest control
			 fireworks permit holders must notify the Department of the State Fire Marshal,
			 in writing, within 24 hours of the date of change, of:
(a) The pest control fireworks permit
			 holder's mailing address, telephone number,
(b) The storage address of the pest control
			 fireworks.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0340 - Permit Fees

Current through Register Vol. 63, No. 7, July 1, 2024
There are no fees for this application.
Stat. Auth.: HB 2432 (2015 OL Ch. 57)
Stats. Implemented: ORS 480.122 &
				  480.124
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0350 - Issuance of Pest Control Fireworks Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0360 - Purchase of Pest Control Fireworks

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0370 - Prohibited Acts and Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: HB 2432 (2015 OL Ch. 57)
Stats. Implemented: HB 2432 (2015 OL Ch. 57) &
				  480.124
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0500 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 476, 478 & 480
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 837-012-0505 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 837-12-500 through 837-012-0570  are effective July 1,
				2014.
Stat. Auth.: ORS 476, 478 & 480
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 837-012-0510 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				480.111 through
				480.165 and OAR 837-012-0500 through 837-012-0570, the following definitions apply:
(1) "BATFE" means the Bureau of Alcohol,
			 Tobacco, Firearms and Explosives.
(2) "Carton, container, or case" means any
			 box, parcel, bundle, or other package used to hold or contain fireworks, retail
			 fireworks, display fireworks, or pest control fireworks for purposes of
			 transportation and storage. The term does not include:
(a) The wrapping or packaging used to hold or
			 contain a single or small number of fireworks, retail fireworks, display
			 fireworks, or pest control fireworks; or
(b) A vehicle or other mobile container used
			 to transport fireworks, retail fireworks, display fireworks, or pest control
			 fireworks.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0515 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For purposes of this administrative rule, the following definitions apply:
(a) "Fireworks" has the definition contained
			 in ORS 480.111(7).
(b) "Person"
			 means any business, entity, or individual.
(c) "Wholesaler" means a person that
			 possesses an Oregon wholesale permit issued by the State Fire Marshal.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0520 - Wholesale Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any in-state wholesaler engaged in, or intending to engage in, the sale,
			 provision, or shipment of fireworks, retail fireworks, display fireworks, or
			 pest control fireworks, within Oregon, or from Oregon for delivery into another
			 state, must first apply for and obtain a wholesale permit issued by the
			 Department of the State Fire Marshal.
(2) Any out-of-state wholesaler engaged in,
			 or intending to engage in, the sale, provision, or shipment of fireworks,
			 retail fireworks, display fireworks, or pest control fireworks, in or into
			 Oregon must first apply for and obtain a wholesale permit issued by the
			 Department of the State Fire Marshal.
(3) A separate wholesale permit must be
			 applied for and obtained for each wholesale site that may conduct wholesale
			 operations within, from, or into Oregon.
(4) The application for a wholesale permit
			 must be made on a form provided by the Department of the State Fire
			 Marshal.
(5) All information
			 provided by the applicant on the permit application must be true and correct to
			 the applicant's knowledge.
(6) In
			 addition to completion of the wholesale permit application forms, applicants
			 must submit:
(a) A copy of a current
			 photographic identification card of all applicants. The Department of the State
			 Fire Marshal may only accept photo identification issued by the Department of
			 Motor Vehicles in the applicant's state of residency. For purposes of this
			 rule, if the applicant is a corporation, the applicant must submit copies of
			 photographic identification of all the corporate officers. If the applicant is
			 a partnership, the applicant must submit copies of the photographic
			 identification of all partners.
(b)
			 A description of the types, pursuant to United States Department of
			 Transportation classification, and the maximum quantities, by total gross
			 weight, of fireworks, retail fireworks, display fireworks, or pest control
			 fireworks to be stored at the wholesale site for which a wholesale permit has
			 been applied;
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0525 - Wholesale Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30
			 days of receipt of a properly completed and timely submitted permit application
			 and wholesale permit fee, the Department of the State Fire Marshal must issue
			 or propose to deny the wholesale permit.
(2) The Department of the State Fire Marshal
			 may not approve a permit application or issue a wholesale permit without the
			 prior approval of the local fire authority.
(3) The Department of the State Fire Marshal
			 will assign a unique number to each wholesale permit issued.
(4) The Department of the State Fire Marshal
			 will mail the original wholesale permit to the applicant at the mailing address
			 listed on the permit application.
(5) Wholesale permit holders may request a
			 duplicate copy of their permit by certifying to the Department of the State
			 Fire Marshal, in writing, that their permit has been lost, stolen or destroyed.
			 Written requests must be signed and dated by the applicant pursuant to OAR
			 837-012-0520(12).
(6) The issuance
			 of a wholesale permit does not in any way constitute approval by the Department
			 of the State Fire Marshal of any fireworks, retail fireworks, display
			 fireworks, or pest control fireworks purchased, sold or provided by any other
			 means pursuant to the permit.
(7) A
			 wholesale permit allows the holder of the permit to engage in the purchase,
			 transportation, possession, storage and sales of fireworks, retail fireworks,
			 display fireworks, or pest control fireworks, when those activities are
			 otherwise in conformance with applicable requirements of ORS
			 480.111 through
			 480.165, OAR chapter 837,
			 division 12, and any other applicable federal, state and local laws, rules and
			 regulations pertaining to Fireworks.
(8) A wholesale permit authorizes the holder
			 of the permit to sell or provide by any other means, fireworks, retail
			 fireworks, display fireworks, or pest control fireworks, within or into Oregon,
			 only to holders of:
(a) General, limited, or
			 special effects display permits;
(b) Retail permits;
(c) Wholesale permits; or
(d) Pest control permits.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0530 - Permit Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permit fees may
			 be paid at, or mailed to, the Department of the State Fire Marshal and must
			 accompany the the permit application.
(2) Payment may be made by personal check,
			 business check, cashier's check or money order 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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0535 - Denial, Suspension and/or Revocation of Wholesale Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0540 - Wholesale Sites Located in Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(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,
			 Code for the Manufacture, Transportation, and Storage of Fireworks, 2013
			 Edition (The separation distances must be met as required by NFPA 1124, 2013
			 Edition. All fireworks stored at the wholesale site must be considered in
			 calculating the separation distances);
(b) NFPA 68, Guide for Explosion Venting,
			 2013 Edition;
(c) Oregon Structural
			 Specialty Code, as adopted by the Oregon Building Codes Division pursuant to
			 OAR 918-460-0010;
(d) Oregon Fire
			 Code, as adopted by the State Fire Marshal pursuant to OAR 837-040-0010;
NOTE: Wholesale sites that are currently approved may not be
				required to be altered or updated to comply with these standards.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0545 - Sales and Records - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All individuals involved in wholesale operations must be at least 18 years of
			 age. See OAR 837-012-0555(5) and (6).
(2) The manager and sales representatives of
			 the wholesale operations, while not required to be present at all times the
			 site is open for business must be located at the wholesale site.
(3) A copy of the wholesale permit must be
			 posted in an area readily visible to all individuals entering the sales
			 facility.
(4) The fireworks, retail
			 fireworks, display fireworks, or pest control fireworks may be displayed in the
			 sales facility in accordance with the following requirements:
(a) 1.3G fireworks may not be
			 displayed;
(b) 1.4G fireworks may
			 be displayed. Only one of each type of firework may be displayed unless
			 multiples of one type of firework are contained in a single package. In that
			 case, only the smallest available package may be displayed and in accordance
			 with local fire authority and Department of the State Fire Marshal
			 requirements.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0550 - Sales to Out-of-State Residents by In-State Wholesalers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 476, 478 & 480
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 837-012-0555 - Prohibited Acts and Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Wholesale permit holders may not create, maintain, or allow the existence of a
			 fire hazard at any location under their control where fireworks, retail
			 fireworks, display fireworks, or pest control fireworks are stored,
			 transported, sold, or used.
(2) No
			 wholesale permit holder may sell or provide by any other means, including
			 donation:
(a) Fireworks or display fireworks
			 to any individual under 21 years of age;
(b) Retail fireworks or pest control
			 fireworks to any individual under 18 years of age if the sale or provision of
			 retail fireworks or pest control fireworks is to an individual in
			 Oregon;
(c) Fireworks, retail
			 fireworks, display fireworks, or pest control fireworks to any person who does
			 not possess a valid permit for such fireworks, retail fireworks, display
			 fireworks, or pest control fireworks issued by the Department of the State Fire
			 Marshal, or if required, a valid license or permit issued by the equivalent
			 agency in the person's state of residence or the state of destination for the
			 fireworks, retail fireworks, display fireworks, or pest control
			 fireworks;
(d) Fireworks, retail
			 fireworks, display fireworks, or pest control fireworks which have been altered
			 in any manner.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0560 - Civil and Criminal Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0565 - Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0570 - Hazardous Materials Reporting for Wholesalers with Oregon Storage Sites

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0600 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 476, 480
Stats. Implemented: ORS 480.110, 480.120, 480.127, 480.130,
				  480.150, 480.152, 480.154, 480.156, 480.158, 480.160 &
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0605 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 837-012-0600  through 837-012-0675  are effective July 1,
				2014.
Stat. Auth.: ORS 476, 480
Stats. Implemented: ORS
				  480.110,
				  480.120,
				  480.127,
				  480.130,
				  480.150,
				  480.152,
				  480.154,
				  480.156,
				  480.158,
				  480.160 &
				  480.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0610 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				480.111 through
				480.165 and OAR 837-012-0600 through 837-012-0675, the following definitions apply:
(1) "BATFE" means the Bureau of Alcohol,
			 Tobacco, Firearms and Explosives.
(2) "Building" has the same meaning provided
			 in the Oregon Structural Specialty Code, as adopted by the Oregon Building Code
			 Division pursuant to ORS 918-460-0010. The term does not include a tent,
			 canopy, stand or trailer.
(3)
			 "Canopy" means a temporary structure, enclosure or shelter; constructed of
			 fabric or pliable materials; supported by any manner, except by air or the
			 contents it protects, and is open without sidewalls or drops on 75 percent or
			 more of the perimeter.
(4) "Carton,
			 container, or case" means any box, parcel, bundle, or other package used to
			 hold or contain fireworks, retail fireworks, display fireworks, or pest control
			 fireworks for purposes of transportation or storage. The term does not include:
(a) The wrapping or packaging used to hold or
			 contain a single, or small number of, fireworks, retail fireworks, display
			 fireworks, or pest control fireworks; or
(b) A vehicle or other mobile container used
			 to transport fireworks, retail fireworks, display fireworks, or pest control
			 fireworks.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0615 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Retailers
			 desiring to engage in other types of fireworks activities, including wholesale
			 sales, displays or pest control use, must meet all applicable requirements in
			 ORS 480.111 through
			 480.165 and OAR chapter 837,
			 division 12, including those pertaining to obtaining permits for such
			 activities from local and state authorities.
(2) Retail permit holders must comply with
			 all applicable federal, state and local laws, rules and regulations, pertaining
			 to fireworks, including:
(a) ORS
			 480.111 through
			 480.165;
(b) All applicable requirements of OAR
			 chapter 837, division 12;
(c)
			 Oregon Fire Code, as adopted by the State Fire Marshal pursuant to OAR
			 837-040-0010  and
(d) Oregon
			 Structural Specialty Code, as adopted by the Oregon Building Code Division
			 pursuant to ORS 918-460-0010.