Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0720 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the following definitions apply
				to OAR 837-012-0700  through 837-012-0970:
(1) "Aerial fireworks" means fireworks that
			 function in the air.
(2) "Aerial
			 shell" means a cylindrical or spherical cartridge containing pyrotechnic
			 compositions, a lead fuse or electric match wires, and a black powder lift
			 charge.
(3) "Approved applicant"
			 means any individual that meets the requirements of OAR chapter 837, division
			 12.
(4) "Assistant" means an
			 individual as set forth by OAR 837-012-0780  who works under the direction of an
			 operator to put on a fireworks display.
(5) "Barge" means a floating vessel or a
			 floating platform.
(6) "Barrage"
			 means a rapid-fire sequence of aerial fireworks. Mortars are loaded prior to
			 the display and the aerial shells are chain fused to fire in rapid
			 sequence.
(7) "Black match" means
			 fuse made from string impregnated with black powder and used for igniting
			 fireworks devices.
(8) "Break"
			 means an individual burst from an aerial shell, generally either producing a
			 visual effect (stars) or noise (salute). Aerial shells can be either
			 single-break (having only one burst) or multi- break (having two or more
			 bursts).
(9) "Burst" means
			 break.
(10) "Burst charge" means
			 the composition in an aerial shell that, when ignited by the time fuse,
			 ruptures the shell casing, ignites the shell contents and disperses the shell
			 contents into the sky.
(11) "Cake
			 device" means multi-shot device.
(12) "Chain fusing" means a series of two or
			 more aerial shells or pyrotechnic devices used to fire in sequence from a
			 single ignition. Finales and barrages typically are chain fused.
(13) "Comet" means a firework consisting of a
			 large pellet of pyrotechnic composition that is ignited and propelled from a
			 mortar tube by a black powder charge.
(14) "Designated agent" means the individual
			 designated by the permit holder to pick up the fireworks authorized by the
			 permit from an Oregon licensed wholesaler when the permit holder is unable to
			 pick up the fireworks. The designated agent must have the permit authorized by
			 the State Fire Marshal in their possession at the time the fireworks are picked
			 up from the wholesaler.
(15)
			 "Discharge site" means the area immediately surrounding the area where
			 fireworks are ignited for an outdoor display.
(16) "Display" means an outdoor general or
			 limited fireworks display or an indoor or outdoor fireworks display using
			 special effects fireworks.
(17)
			 "Display fireworks" has the meaning provided in ORS
			 480.111(4).
(18) "Display permit application" means the
			 form and accompanying documentation required to be completed and submitted to
			 the Department of the State Fire Marshal for approval prior to the issuance of
			 a limited, general, or special effects display permit.
(19) "Display site" means the immediate area
			 where a fireworks display is conducted and includes the discharge site, the
			 fallout area, and the required separation distance from fireworks discharge
			 site to spectator viewing areas. The display site does not include spectator
			 viewing areas or vehicle parking areas.
(20) "Dud" means a firework that leaves the
			 mortar and returns to earth without producing the intended break or
			 effect.
(21) "Electric match" means
			 a device consisting of wires terminating at a relatively high resistance
			 element surrounded with a small quantity of heat-sensitive fireworks
			 composition. When a sufficient electric current is passed through the wire
			 circuit, the heat that is generated ignites the fireworks composition,
			 producing a small burst of flame.
(22) "Electrical firing unit" means the
			 source of electrical current used to ignite electric matches. Generally, the
			 firing unit will have switches to control the firing order and have test
			 circuits and warning indicator, etc.
(23) "Electrical ignition" means a technique
			 used to discharge fireworks in which an electric match and source of electric
			 current are used to ignite fuses or lift charges.
(24) "Exempt fireworks" has the meaning
			 provided in ORS 480.111(5).
(25) "Fall-out area" means the area over
			 which aerial shells are fired. The shells burst over this area, and unsafe
			 debris and malfunctioning aerial shells fall into this area. The fall-out area
			 is the location where a typical aerial shell dud will fall to the ground
			 considering wind and the angle of mortar placement. At a minimum, the fall out
			 area must be the required separation distance based on table of distances
			 listed in OAR 837-012-0840.
(26)
			 "Finale" means a rapid-fire sequence (barrage) of aerial fireworks, typically
			 fired at the end of a display. The mortars are loaded prior to the display, and
			 the aerial fireworks are chain fused to fire in rapid sequence.
(27) "Fire protection district" means any
			 district created under the laws of Oregon or the United States, including rural
			 fire protection districts and any federal, state or private forest patrol
			 areas.
(28) "Fireworks" has the
			 meaning provided in ORS
			 480.111(7).
(29) "Fireworks detonation" means the entire
			 contents of the aerial shell and the lift charge are consumed in one
			 simultaneous explosion at or near the bottom of the mortar.
(30) "Fireworks display" has the meaning
			 provided in ORS 480.111(8).
(31) "Flash powder" means explosive
			 composition intended for use in firecrackers and salutes. Flash powder produces
			 an audible report and a flash of light when ignited. Typical flash powder
			 composition contains potassium chlorate or potassium perchlorate, sulfur or
			 antimony sulfide, and powdered aluminum.
(32) "Flower pot" means an aerial shell that
			 bursts before it leaves the mortar, projecting its contents out of the mortar
			 similar to a mine. The force of the aerial shell bursting usually does not
			 rupture the mortar.
(33) "Fusee"
			 means a highway distress flare, sometimes used to ignite fireworks at outdoor
			 displays.
(34) "General display
			 operator" means an individual who has been issued a general display operator
			 certificate who meets the requirements of OAR 837-012-0700  through 837-012-0970  and is qualified to be an operator on a general or limited display.
(35) "General display permit" means a permit
			 to hold an outdoor display using 1.3g fireworks. General displays may also
			 include 1.4g fireworks or special effects fireworks.
(36) "General fireworks display" means a
			 display held outdoors, utilizing 1.3g fireworks and may include 1.4g fireworks
			 and special effects fireworks and may only be conducted by a general display
			 operator.
(37) "General operator
			 certificate" means a document issued by the Department of the State Fire
			 Marshal authorizing the holder of the certificate to be an operator at a
			 general fireworks display.
(38)
			 "Ground display piece" means a firework that functions on the ground (as
			 opposed to an aerial shell that functions in the air). Typical ground fireworks
			 display pieces include fountains, wheels, and "set pieces".
(39) "Individual" means a single human
			 being.
(40) "Individual member of
			 the general public" means any person who has not been issued a wholesale
			 permit, a display permit, a retail permit or a pest control fireworks permit by
			 the Department of the State Fire Marshal.
(41) "Instructor" means the individual who
			 delivers the training required under OAR 837-012-0780.
(42) "Lance" means a thin cardboard tube
			 packed with a color producing pyrotechnic composition and used to construct
			 ground display pieces.
(43) "Law
			 enforcement authority" means any law enforcement official having jurisdiction
			 over the fireworks display site.
(44) "Lead fuse" means a fireworks fuse made
			 of quick match that transfers fire from an ignition source to the lift charge
			 of an aerial shell or other fireworks.
(45) "Lift charge" means composition in an
			 aerial shell that propels the aerial fireworks into the air when
			 ignited.
(46) "Limited fireworks
			 display" means a display held outdoors limited to 1.4G fireworks labeled
			 UN0336. Fireworks authorized by the limited permit are subject to limitation by
			 the local fire authority and the Department of the State Fire
			 Marshal.
(47) "Limited display
			 operator" means an individual who has been issued a limited display operator
			 certificate who meets the requirements of OAR 837-012-0700  through 837-012-0970  and is qualified to be an operator on a limited display.
(48) "Limited display permit" means a permit
			 to hold a display using 1.4g fireworks labeled UN0336.
(49) "Limited operator certificate" means a
			 document issued by the Department of the State Fire Marshal authorizing the
			 holder of the certificate to be an operator at a limited fireworks
			 display.
(50) "Local fire
			 authority" means the local fire official having jurisdiction over the display
			 site or the site where fireworks may be stored prior to the date and time of
			 the display.
(51) "Local
			 government" has the meaning provided in ORS
			 480.111(12).
(52) "Low break" means an aerial shell that
			 functions significantly lower than its prescribed height.
(53) "Manual firing" means using a handheld
			 ignition source such as a fusee or portfire to ignite fireworks.
(54) "Manufacture" has the meaning provided
			 in ORS 480.111(13).
(55) "May" means a regulation of conduct and
			 implies probability or permission.
(56) "May not" means a prohibition of
			 conduct.
(57) "Mine" means a device
			 designed to project stars or other effects, such as whistles and firecrackers
			 into the air from a mortar charged by black powder that ignites the contents of
			 the mine.
(58) "Misfire" means a
			 firework fails to function after an ignition source is applied to the ignition
			 point.
(59) "Monitor" means an
			 individual designated by the sponsors of the display to keep the audience in
			 the intended viewing area and out of the display site, discharge site and
			 fallout area.
(60) "Mortar" means a
			 tube, closed at one end, from which aerial fireworks are fired into the
			 air.
(61) "Mortar rack" means a
			 frame containing mortars and are most often used for barrages and finales and
			 in electrically ignited general fireworks displays.
(62) "Mortar trough" means an aboveground
			 structure filled with sand or similar materials in which mortars are positioned
			 for use in general fireworks displays.
(63) "Multi-break shell" means a cylindrical
			 aerial shell with more than one main compartment connected with internal fusing
			 and performs with successive breaks. An aerial shell with more than one
			 distinctive type of effect contained within one main compartment is not a
			 multi-break shell.
(64) "Multi-shot
			 device" means a firework consisting of more than one tube each containing a
			 firework item. It is ignited once with each of its tubes chain fused together
			 to fire in succession until all tubes have been fired. Multi-shot devices are
			 also referred to as cake devices.
(65) "Must" means a mandatory
			 requirement.
(66) "Muzzle break"
			 means an aerial shell that bursts immediately as it leaves the
			 mortar.
(67) "Operator" means the
			 individual qualified as set forth in OAR 837-012-0780  to conduct the
			 display.
(68) "Operator certificate
			 application" means the form and accompanying documentation required to be
			 completed and submitted to the Department of the State Fire Marshal for
			 approval prior to the issuance of a limited operator certificate or a general
			 operator certificate.
(69) "Peanut
			 shell" means two or more aerial shells in a common wrapper propelled by the
			 same lift charge with separate external time fuses.
(70) "Permit" means the official written
			 document issued by the Department of the State Fire Marshal authorizing a
			 display allowing the permit holder to purchase fireworks for the display as
			 detailed on the permit when otherwise in conformance with OAR chapter 837
			 division 12.
(71) "Permit holder"
			 means the person as listed on the display permit as the person to whom the
			 permit is issued.
(72) "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 or persons and includes the state,
			 state agencies, counties, municipal corporations, school districts and other
			 public corporations.
(73) "Pest
			 control fireworks" has the meaning given in OAR 837-012-0315.
(74) "Portfire" means a tube containing slow
			 burning pyrotechnic composition sometimes used to ignite fireworks at a limited
			 or general fireworks display.
(75)
			 "Pyrotechnic articles," also referred to as "articles, pyrotechnic" has the
			 meaning provided in ORS
			 480.111(14).
(76) "Pyrotechnic composition" has the
			 meaning provided in ORS
			 480.111(15).
(77) "Pyrotechnic device" has the meaning
			 provided in ORS 480.111(16).
(78) "Quick match" means a black match
			 encased in a loose fitting sheath and is used in fuses for aerial fireworks and
			 for rapid sequential ignition of fireworks such as lances in a ground display
			 piece or barrage.
(79) "Ready box"
			 means a container used for the storage of fireworks during a fireworks
			 display.
(80) "Retail fireworks"
			 means those items described in ORS
			 480.111(2) as
			 consumer fireworks, specifically combination items, cone fountains, cylindrical
			 fountains, flitter sparklers, ground spinners, illuminating torches, and
			 wheels. The term does include a firework designed with the means to roll or
			 move while remaining on the ground, that travels 12' or less horizontally on
			 smooth surfaces.
(81) "Roman
			 candle" means a cardboard tube containing pyrotechnic devices which, when lit,
			 are expelled into the air at timed intervals.
(82) "Safety cap" means a paper tube, closed
			 at one end, which is placed over the end of a fireworks fuse to protect the
			 fuse from damage or accidental ignition.
(83) "Salute" means a special firework that
			 is designed to produce a loud report.
(84) "Set piece" means a ground display piece
			 usually consisting of lances and quick match arranged on a frame.
(85) "Sell" means to transfer possession of
			 property from one person to another person for consideration.
(86) "Special effects display" means a
			 display held either indoors or outdoors limited to special effects fireworks
			 authorized by the special effects permit.
(87) "Special effects fireworks" has the
			 meaning provided in ORS
			 480.111(17).
(88) "Special effects permit" means a permit
			 issued by the State Fire Marshal to hold a display using special effects
			 fireworks.
(89) "Sponsor" means the
			 person that has applied for and been issued a display permit.
(90) "Sticky match" means the trademarked
			 name for a type of match that uses a continuous black powder trail inside a
			 wrapper that is prepared with exposed adhesive along its length. The adhesive
			 is used to attach sticky match to fireworks devices.
(91) "Supervision" means displays must be
			 under the supervision of the law enforcement authority, local fire authority,
			 or the Department of the State Fire Marshal.
(92) "Training course" means the course
			 required under OAR 837-012-0780.
(93) "Wholesaler" means any person who sells
			 or provides by any other means, or intends to sell or provide by any other
			 means fireworks, retail fireworks, display fireworks, or pest control
			 fireworks.
Statutory/Other Authority: ORS
				  480.150
Statutes/Other Implemented: ORS
				  480.110 -
				  480.165