Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0860 - Operation of Fireworks Display

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The sponsor of the display must provide adequate fire protection for the
			 display.
(2) The sponsor or the
			 operator must consult with the fire authority to determine the level of fire
			 protection required.
(3) Monitors
			 whose sole duty is enforcement of crowd control must be located around the
			 display area by the sponsor. The fire authority must approve the provisions for
			 crowd control.
(4) Monitors must
			 be located around the display site to prevent spectators or any other
			 unauthorized individuals from entering the display site. The display site must
			 be so restricted throughout the display and until the display site has been
			 inspected after the display. Where practical, fences and rope barriers may be
			 used to aid in crowd control.
(5)
			 During the period before the display, when fireworks materials are present,
			 public access to the display site must not be allowed.
(6) The operator has the primary
			 responsibility for safety. While the operator is allowed to actively
			 participate in the firing of the display, safety must be the primary concern.
(7) The operator is responsible
			 for ensuring that a sufficient number of assistants are on hand for the safe
			 conduct of the display. Only the operator and necessary assistants may be
			 permitted in the discharge area while the display is in progress.
NOTE
: In some situations, it is believed it is
				appropriate to have one individual tending each ready box or shell storage area
				in use at a given time. Similarly, it is believed there should be two
				individuals reloading shells into mortars for each individual igniting the
				aerial shells. Unless racks of chain fused shells are being fired, it generally
				is believed a single individual can safely ignite no more than about ten shells
				per minute. If a greater rate of firing is desired, it is appropriate to have
				more than one individual lighting the shells.
(8) The display operator is responsible for
			 meeting the administrative rules, statutory requirements and any other
			 applicable requirements for the display including ensuring all assistants are
			 fully trained in the proper performance of their assigned tasks and they are
			 knowledgeable of safety hazards.
(9) If at any time before or during the
			 display, the operator, local fire authority, or the law enforcement authority
			 knows or should know an adverse condition exists that significantly affects
			 safety, the display must be postponed until the condition is corrected.
(10) If at any time before or
			 during the display, the operator, local fire authority, or the law enforcement
			 authority knows or should know the lack of crowd control poses a danger, the
			 display must immediately be discontinued until such time as the situation is
			 corrected.
(11) If at any time
			 before or during the display, the operator, local fire authority, or the law
			 enforcement authority knows or should know that high winds, precipitation, or
			 other adverse weather conditions prevail, such that a significant safety danger
			 exists; the display must be postponed until weather conditions improve to an
			 acceptable level.
NOTE
: Changes that occur as a result of sections
				(9), (10) and (11) of this rule must meet the requirements of OAR
				837-012-0740.
(12) Operators
			 and assistants may use only flashlights or electric or chemical-luminescent
			 lighting for artificial illumination.
(13) Smoking is not allowed within 100 feet
			 of any area where fireworks or other pyrotechnic materials are present.
(14) Measures must be taken to
			 protect all fireworks and materials to be used in the display from adverse
			 weather conditions. Moisture-damaged materials must not be used.
(15) No individual may be allowed in the
			 discharge area while under the influence of alcohol, narcotics, or drugs.
(16) The fire official having
			 jurisdiction may require an effective means of communication between the
			 operator, the local fire authority, and others as deemed necessary. That method
			 may consist of cellular or digital telephones, walkie-talkies, marine radio, or
			 similar methods approved by the local fire authority.
(17) Operators must be continuously
			 responsible for the display from the beginning of the display through
			 completion of the display including the after display cleanup and
			 inspection.
Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 -
				  480.165