reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0620 - Retail Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person engaged in, or intending to engage in, the sale or provision by any
			 other means of retail fireworks to individual members of the general public
			 must apply for and obtain a retail permit issued by the Department of the State
			 Fire Marshal.
(2) A separate retail
			 permit must be applied for and obtained for each retail sales outlet that may
			 conduct sales of retail fireworks in Oregon.
(3) Only one application for a retail permit
			 may be made for each retail site except pursuant to OAR
			 837-012-0630(3).
(4) The
			 application for a retail 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 application form, applicants must submit copies of a sketch
			 of the retail site in accordance with subsection (7) of this rule.
(7) The sketch of the retail site, required
			 pursuant to subsection (6) of this rule, must include without limitation, the
			 following:
(a) A diagram of the retail sales
			 outlet and its relationship to adjacent areas located at the retail
			 site;
(b) For all outdoor sales,
			 the location and distances of all structures, buildings, highways, streets,
			 trees, and other vegetation within 50 feet of the retail sales
			 outlet;
(c) For all indoor sales,
			 the location of the sales display and the location and distances of all highly
			 combustible materials within a 20-foot radius of the sales display;
(A) For retail sales outlets located within
			 structures or buildings of less than 1,000 square feet, all exits from the
			 building or structure;
(B) For
			 retail sales outlets located in structures or buildings of greater than 1,000
			 square feet, all exits from the building or structure located within 75 feet of
			 the sales display;
(C) For tents,
			 all exits from the tent.
(D) A list
			 of the general types of merchandise located within 20 feet of the sales
			 display. This requirement does not apply to tents.
(d) The location of any open flames, exposed
			 heating elements or other direct sources of ignition, including, but not
			 limited to, coffee makers, food warmers, cookers and broilers located inside
			 the retail sales outlet or, for indoor sales, within 20 feet of the sales
			 display.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0625 - Retail 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 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 for each permit application is $100.
(4) Permit fees are non-refundable and
			 non-transferable.
Statutory/Other Authority: ORS 476 & ORS 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 837-012-0630 - Issuance of Retail Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department of the State Fire Marshal may not approve a permit application,
			 or issue a retail permit, without the prior approval of the local fire
			 authority.
(2) The Department of
			 the State Fire Marshal will assign a unique number to each retail permit
			 issued.
(3) Only one retail permit
			 may be issued for each retail site with the following exception: More than one
			 retail sales outlet may be erected and operated at the same retail site,
			 whether indoors or outdoors, when there is sufficient space to allow each
			 retail sales outlet to conform to the requirements of ORS
			 480.111 to
			 480.165 and these rules. For
			 example, retail permits may be issued for both outdoor sales and indoor sales
			 located at the same retail site.
(4) The Department of the State Fire Marshal
			 will mail the original retail permit to the applicant at the mailing address
			 listed on the permit application.
(5) Retail 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 retail permit
			 holder.
(6) The issuance of a
			 retail permit does not in any way constitute approval by the Department of the
			 State Fire Marshal of any retail fireworks purchased, sold or provided pursuant
			 to the retail permit.
(7) A retail
			 permit allows the holder of the permit to engage in the purchase,
			 transportation, possession, storage and sales of retail fireworks when those
			 activities are otherwise in conformance with the applicable requirements of ORS
			 480.111 through
			 480.165, OAR chapter 837,
			 division 12 and any other applicable federal, state or local laws, rules or
			 regulations pertaining to fireworks.
(8) A retail permit holder is authorized only
			 to sell or otherwise provide retail fireworks to individual members of the
			 general public.
(9) A retail permit
			 does not authorize the:
(a) Purchase,
			 possession or sale of illegal fireworks by or to any person; or
(b) Sale or provision of retail fireworks to
			 any person other than an individual member of the general public.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0635 - Purchase of Retail Fireworks by Retail Permit Holder

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Retail permit holders must purchase or
			 otherwise obtain retail fireworks only from wholesalers who possess a valid and
			 current wholesale permit issued by the Department of the State Fire
			 Marshal.
(2) A retail permit holder
			 must purchase or otherwise obtain retail fireworks only from the wholesaler
			 listed on the retail permit.
(3) If
			 the wholesaler who supplies the retail fireworks to the retail permit holder is
			 different from the wholesaler listed on the retail permit, the retail permit
			 holder must notify, in writing, the Department of the State Fire Marshal and
			 local fire authority of the change at least 24 hours prior to purchasing the
			 retail fireworks from the wholesaler.
(4) Prior to acceptance of retail fireworks
			 from a wholesaler, the retail permit holder must confirm that the outside of
			 all cartons, containers, or cases of retail fireworks, and any accompanying
			 documentation are imprinted or affixed with the wholesale permit number
			 pursuant to OAR 837-012-0525(13).
(5) Prior to acceptance of retail fireworks
			 from a wholesaler, the retail permit holder must confirm that the outside of
			 all cartons, containers, or cases of retail fireworks and any accompanying
			 documentation are imprinted or affixed with the full name and retail permit
			 number of the retail permit holder.
(6) Retail permit holders may not accept any
			 cartons, containers, or cases of retail fireworks or accompanying documentation
			 that does not show the information required pursuant to subsections (4) and (5)
			 of this rule.
Statutory/Other Authority: ORS 476 & 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 837-012-0640 - Permits - Denial, Suspension and/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 retail permit if a retail permit holder, or an
			 applicant, 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 must consider
			 the following criteria:
(a) The severity of a
			 violation and the impact on public safety, particularly whether the
			 circumstances of the 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, event or occurrence;
(c) Whether the violation was willful or
			 intentional;
(d) The prior history
			 of sanctions imposed by the Department of the State Fire Marshal against the
			 retail permit holder or applicant; and
(e) Other circumstances determined by the
			 Department of the State Fire Marshal to be applicable to the particular
			 violation.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0645 - Sales and Storage of Retail Fireworks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A retail sales outlet may never be left
			 unattended during the business hours of the outlet. Any retail sales outlet in
			 violation of these rules may be subject to closure.
(2) The retail permit holder or the
			 individual responsible for sales must be present at the retail sales outlet at
			 least 50% of the outlet's business hours each day. When not present at the
			 outlet, the individual responsible for sales must be readily available, day or
			 night, by telephone or other reliable means of communication. The individual
			 responsible for sales may be absent from the retail sales outlet for up to 48
			 consecutive hours twice during the period of time the retail permit is valid.
			 The two 48-hour time periods may not be consecutive. The individual responsible
			 for sales, when not at the retail site, must be available through their 24-hour
			 contact number listed on their permit application.
(3) Any time the individual responsible for
			 sales is not present at the retail sales outlet during the business hours of
			 the outlet, at least one individual, 18 years of age or older, must be present
			 at the outlet. Such individual must be an employee or volunteer of the retail
			 permit holder's volunteer non-profit organization. Such individual must be
			 directly responsible for, and in charge of, the retail sales outlet and be
			 present in the retail sales outlet at all times.
(4) The individual responsible for sales may
			 be:
(a) The retail permit holder listed on the
			 retail permit; or
(b) An employee
			 of the retail permit holder; or
(c)
			 If the retail permit holder is a volunteer, non-profit organization, an
			 individual who is a member of the retail permit holder's volunteer non-profit
			 organization.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0650 - Outdoor Sales

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The location of
			 an outdoor retail sales outlet must not present a significant risk of fire or
			 injury to those individuals conducting sales of retail fireworks, individual
			 members of the general public, and any surrounding property.
(2) Every outdoor retail sales outlet must
			 maintain at least one exit opening, or outward swinging exit door, for each
			 1,000 square feet of area covered or each 20 feet of structure length. The exit
			 opening must be at least two feet wide and five feet high or as required by the
			 local fire authority.
(3) Trailers
			 must have their wheels blocked or removed, or the tongue locked. Trailers must
			 be disconnected from any power source which can potentially move the trailer
			 any distance. Any fuel tanks or other ignition sources, including those for
			 propane, must be removed and placed a minimum of 20 feet from the trailer.
			 Individual members of the general public may not have access to the interior of
			 the trailer.
(4) Tent and canopy
			 fabrics and any materials used on the floor of the tent or canopy, such as
			 sawdust, must be treated to be fire retardant.
(5) Tents having three or more enclosing
			 sides must comply with the requirements for both indoor sales and outdoor
			 sales.
(6) Fire extinguishers must
			 be provided at each outdoor retail sales outlet. At a minimum, at least one 2A
			 rated water type extinguisher, or an equivalent water type extinguishing system
			 as approved by the local fire authority must be placed at each retail sales
			 outlet.
(7) All electrical wiring,
			 lighting and other electrical fixtures and installations must be in accordance
			 with the Oregon Electrical Specialty Code, 2011 Edition and any other
			 applicable state or local requirements.
(8) Outdoor retail sales outlets that operate
			 at night must erect and maintain sufficient light fixtures to enable customers
			 and those individuals selling retail fireworks to see all areas of the outlet.
			 Standard electrical installations, battery powered lanterns, street or parking
			 lot lighting or nearby building interior and exterior lighting may be used for
			 this purpose.
(9) Outdoor retail
			 sales outlets must be located:
(a) At least
			 50 feet from any dispensary of flammable liquids or gases;
(b) At least 15 feet, or as otherwise
			 specified by the local fire authority, from any street or public right-of-way;
(c) At least 10 feet from any
			 combustible structures;
(d) At
			 least 10 feet from any entrances to, or exits and openings from, any
			 surrounding buildings or structures; and
(e) At least 20 feet from exposed heating
			 elements or any other such sources of ignition including fuel-powered
			 electrical generators.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0655 - Indoor Sales

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The location of
			 an indoor retail sales outlet may not present a significant risk of fire or
			 injury to those individuals conducting sales of retail fireworks, individual
			 members of the general public, and any surrounding property.
(2) A specific area inside the building must
			 be designated and maintained as the sales display area.
(3) The location of the sales display area
			 shall not hinder or block any exit, including, if applicable, a required
			 check-stand exit.
(4) The
			 individual responsible for sales must regularly monitor and oversee retail
			 operations at the retail sales outlet to ensure the sales display and storage
			 areas are orderly and maintained in accordance with these rules.
(5) Retail fireworks, in excess of those
			 needed for the sales display, may be stored inside the retail sales outlet only
			 if they are separated from all sales display areas, exits, flammable and highly
			 combustible materials and public access areas to the building, in accordance
			 with local fire authority requirements and these rules. This subsection does
			 not apply to tents or canopies.
(6)
			 Fire extinguishers must be placed throughout the indoor retail sales outlet in
			 the quantities and locations required by NFPA 10, 2013 Edition and any
			 applicable local ordinances and rules. At a minimum, at least one 2A rated
			 water type fire extinguisher, or an equivalent water type fire extinguishing
			 system, as approved by the local fire authority must be placed at the
			 outlet.
(7) Smoking at an indoor
			 retail sales outlet by the retail permit holder, individual responsible for
			 sales or an employee or volunteer of the retail permit holder may be the basis
			 for suspension or revocation of the retail permit.
(8) All trash, rubbish, empty boxes and
			 discarded retail fireworks wrapping or packaging must be removed daily or more
			 often as needed, to maintain the sales display and storage areas in a neat and
			 clean manner.
Publications: Publications referenced are available from the
				  agency.
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 837-012-0660 - Records and Postings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 retail permit must be posted at the retail sales outlet and must be readily
			 visible to all individuals approaching or entering the outlet.
(2) A copy of the retail permit may be posted
			 instead of the original if the original is maintained at the outlet and is
			 immediately available for inspection by the local fire authority or the
			 Department of the State Fire Marshal, upon request.
(3) A record of each shipment of retail
			 fireworks received by the retail permit holder must be maintained. The record
			 shall include the wholesaler's name, address and wholesale permit number, the
			 retail permit holder's name and permit number, and a complete list of the names
			 and quantities of each type of retail fireworks received.
(4) All records described under subsection
			 (3) of this rule must be maintained by either the retail permit holder or the
			 wholesaler who supplied the retail fireworks. The records must be maintained
			 for three years from the date of the retail permit holder's receipt of the
			 shipment.
(5) Upon request, the
			 records described in subsection (3) of this rule, must be readily available for
			 review and inspection by the local fire authority or representatives of the
			 Department of the State Fire Marshal. All records must be clear, legible, and
			 accurate.
(6) Retail permit holders
			 must maintain at all times a list of employees or volunteers, including their
			 names, addresses, ages, and phone numbers. Upon request, a legible copy of the
			 list must be provided immediately to the Department of the State Fire Marshal
			 or the local fire authority.
(7)
			 All persons possessing, for 30 days or more, more than ten pounds of retail
			 fireworks must annually complete and submit the hazardous substance survey
			 pursuant to ORS 453.307 to
			 435.372 and OAR chapter 837,
			 division 85. Contact the Department of the State Fire Marshal for survey forms
			 and instructions.
Statutory/Other Authority: ORS 476 & 480
Statutes/Other 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 837-012-0665 - Advertisements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may
			 publish or cause to be published:
(a) Any
			 advertisement, for distribution to individual members of the general public,
			 concerning the sale of fireworks which have been declared unlawful by ORS
			 480.111 to 480.165, or these rules, for individual members of the general
			 public to purchase, use, store, transport, sell, discharge, or
			 possess;
(b) Any advertisement for
			 the sale of consumer fireworks 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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0670 - Prohibited Acts and Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Retail permit holders may not create, maintain or allow the existence of a fire
			 hazard at any location under their control where retail fireworks are stored,
			 transported, sold, or used.
(2)
			 Retail permit holders may not sell or provide by any other means including
			 donation:
(a) Retail fireworks to any
			 individual members of the general public under 16 years of age;
(b) Illegal fireworks to any individual
			 members of the general public;
(c)
			 Any retail fireworks that have been altered;
(d) Any retail fireworks not supplied and
			 distributed to the retail permit holder by a wholesaler who possesses a valid
			 and current wholesale permit issued by the Department of the State Fire Marshal
			 pursuant to OAR 837-012-0635(1) through (3).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0675 - 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 officials may confiscate, remove or
			 have removed any fireworks offered for sale, sold, provided, transported,
			 purchased or otherwise obtained, stored, used, discharged or possessed in
			 violation of ORS 480.111 through
			 480.165 or these
			 rules.
(2) The retail permit
			 holder, or person responsible for the violation, is responsible for payment of
			 the agency's costs in confiscating or removing any retail 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 be:
(a)
			 Returned to the wholesaler who supplied the fireworks; or
(b) Disposed of in any manner approved by the
			 Department of the State Fire Marshal, including destruction of the
			 fireworks.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0700 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of OAR 837-012-0700  through 837-012-0970  is to adopt rules to implement the
			 standards, policies and procedures for fireworks displays.
(2) These rules establish application, permit
			 and other requirements for fireworks displays, certification requirements for
			 fireworks displays operators and requirements for fireworks displays
			 assistants.
Stat. Auth.: ORS 476 & 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 837-012-0710 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				837-012-0700 through
				837-012-0970 are effective July 1, 2014.
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 837-012-0730 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The location of
			 the display site, the operator or assistant for a display, the date or time of
			 the display, or the quantity of fireworks to be discharged at the display, may
			 be changed if:
(a) For the location of the
			 display site only, the proposed new display site is located in the same fire
			 jurisdiction as the display site listed on the display permit;
(b) For the operators only, the individual to
			 replace the operator listed on the display permit possesses a current and valid
			 operator certificate.
(c) The local
			 fire authority having jurisdiction over the display site and the Department of
			 the State Fire Marshal approves the change prior to the beginning of the
			 display as listed on the display permit; and
(d) The change is documented in the
			 after-show report pursuant to OAR 837-012-0970.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0740 - Display Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person intending to have, put on, or sponsor a display must apply for and
			 obtain a display permit from the Department of the State Fire
			 Marshal.
(2) A separate display
			 permit must be applied for and obtained for each display that may be conducted
			 in Oregon.
(3) Each display permit
			 must be for a specific date and time of day. Permit may not be continuous
			 throughout the date of display.
(4)
			 The application for display permit must be made on a form provided by the
			 Department of the State Fire Marshal.
(5) The display permit application may be
			 completed by the sponsor, wholesaler, operator or assistant for the intended
			 display as listed on the application.
(6) All information provided by the applicant
			 on the display permit application must be true and correct to the applicant's
			 knowledge.
(7) In addition to
			 completion of the application, applicants must submit: A diagram of the display
			 site in accordance with subsection (9) of this rule;
(8) As part of the display permit application
			 process, applicants must apply for and obtain, in writing when available;
(a) All required state and local licenses,
			 permits and approvals; and
(b)
			 Liability insurance, if required pursuant to ORS
			 480.150(1).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0750 - Display Permit Application Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Display permit application fees may be
			 paid at, or mailed to, the Department of the State Fire Marshal and must
			 accompany the display 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
			 display permit application fee for a display permit is $100.
(4) Display permit application fees are
			 non-refundable and non-transferable.
Statutory/Other Authority: ORS
				  480.150
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 837-012-0760 - Issuance of Display Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within 15 days of receipt of a properly completed and timely submitted display
			 permit application and display permit application fee, the Department of the
			 State Fire Marshal may either grant or deny the application.
(2) The Department of the State Fire Marshal
			 may not approve a permit application, or issue a display permit, without the
			 prior approval of the local fire authority and law enforcement
			 authority.
(3) The Department of
			 the State Fire Marshal will assign a unique number to each display permit
			 issued.
(4) Only one display permit
			 may be issued for a display site for a particular date and time. Multiple
			 permits may be issued for the same display site and the same day, but not for
			 the same time.
(5) The Department
			 of the State Fire Marshal will mail the original display permit to the
			 individual who completed the display permit application at the mailing address
			 of the individual completing the display permit application listed on the
			 display permit application.
(6)
			 Display 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 display permit holder.
(7) A display permit is valid only for the
			 date, time, and display site listed on the permit.
(8) A display permit authorizes the display
			 permit holder to purchase, transport, possess and store display fireworks, for
			 the purposes of holding the approved display, when those activities are
			 otherwise in conformance with the applicable requirements of ORS
			 480.111 - 480.165, OAR chapter
			 837, division 12 and any other federal, state or local laws, rules or
			 regulations pertaining to fireworks.
(9) A display permit authorizes a display
			 only:
(a) At the display site diagrammed on
			 the display permit application and listed on the display permit;
(b) On the date and time listed on the
			 display permit; and
(c) Conducted
			 by the operator and assistants listed on the display permit.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0770 - Operator Certificate Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The application for an operator
			 certificate must be made on a form provided by the Department of the State Fire
			 Marshal.
(2) Any individual who
			 intends to participate as the operator at a general display or limited display
			 must first apply for and obtain an operator certificate issued by the
			 Department of the State Fire Marshal.
(3) All information provided by the applicant
			 on the operator certificate application must be true and correct to the
			 applicant's knowledge.
(4)
			 Completed operator certificate applications must be postmarked by a United
			 States Postmark, or received by the Department of the State Fire Marshal at
			 least 90 days prior to the date of the first display at which the applicant
			 intends to participate as the operator.
Statutory/Other Authority: ORS
				  480.150
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 837-012-0780 - Operator and Assistant Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for a general operator
			 certificate, an applicant must comply with the following:
(a) Must be at least 21 years of
			 age;
(b) Must have participated as
			 an assistant in three or more general displays in Oregon within three years of
			 the date of application:
(A) Participation
			 means completing any of the following duties: firing of the display,
			 installation of mortars, installation of set pieces, loading shells,
			 after-display clean-up and inspection, installation of electrical firing
			 system, and tending the magazine, which may include reloading the
			 mortars.
(B) At a minimum, an
			 applicant must have installed mortars, loaded shells, and participated in
			 after-display clean-up and inspection on all three displays in
			 Oregon.
(C) At a minimum, an
			 applicant must have manually fired on at least one of the three displays
			 required for certification.
(D) The
			 Department of the State Fire Marshal may review after-show reports as proof of
			 an applicant's requisite participation.
(c) Must have passed a written examination,
			 administered by the Department of the State Fire Marshal; and
(A) The purpose of the examination is to
			 assess the applicant's knowledge of ORS
			 480.111-480.165 and OAR
			 837-012-0700-837-012-0970.
(B) To
			 pass the examination, the applicant must answer 80% or more of the examination
			 questions correctly.
(d)
			 Must have attended and completed one training course, approved by the
			 Department of the State Fire Marshal and administered by an instructor
			 certified 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 837-012-0790 - Issuance of Operator Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of a properly completed and
			 timely submitted operator certificate application, the Department of the State
			 Fire Marshal may either grant or deny the application.
(2) The Department of the State Fire Marshal
			 will assign a unique number to each operator certificate issued.
(3) The Department of the State Fire Marshal
			 will mail the original operator certificate to the applicant at the mailing
			 address listed on the operator certificate application.
(4) Holders of an operator certificate may
			 request a duplicate copy of the certificate by certifying to the Department of
			 the State Fire Marshal, in writing, their operator certificate has been lost,
			 stolen or destroyed. Written requests must be signed and dated by the holder of
			 the operator certificate.
(5) An
			 operator certificate allows the holder of the certificate to possess, store,
			 use and discharge display fireworks for purposes of a display when those
			 activities are otherwise in conformance with the applicable requirements of ORS
			 480.111-480.165, OAR chapter
			 837, division 12 and any other applicable federal, state or local laws, rules
			 or regulations pertaining to fireworks.
(6) A general operator certificate authorizes
			 the holder of the certificate to participate as the operator at either a
			 general display or a limited Ddisplay.
(7) A limited operator certificate authorizes
			 the holder of the certificate to participate as the operator only at a limited
			 display.
(8) Only the holder of the
			 operator certificate may engage in the activities authorized by the
			 certificate.
(9) An operator
			 certificate does not authorize:
(a) The sale
			 or provision of fireworks; or
(b)
			 The purchase, transportation, possession or storage of fireworks.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0800 - Renewal of Operator Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An operator certificate must be renewed every three years.
(2) The holder of a general operator
			 certificate is not required to re-take the examination required under OAR
			 837-012-0780(1) (c)  unless the current certificate expires. General operators
			 whose certificate expires are required to retake the qualifying
			 examination.
(3) Applications for
			 renewal of an operator certificate must be received by the Department of the
			 State Fire Marshal at least 90 days prior to the expiration date of their
			 current certificate.
(4) All other
			 requirements for the issuance of a renewal operator certificate are the same as
			 for the issuance of the original certificate, with the exception of the manual
			 firing requirement.
Statutory/Other Authority: ORS
				  480.150
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 837-012-0810 - Training Course Instructor

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Individuals who intend to provide the training course required under OAR
			 837-012-0780  must work under the direction and control of an Oregon permitted
			 wholesaler who supplies 1.3g fireworks.
(2) At a minimum, Instructors must meet the
			 following requirements:
(a) Be currently
			 certified as a general display operator under OAR 837-012-0790; and
(b) Has been a general display operator
			 consecutively for six years prior to the date of training. If the instructor
			 has not been consecutively certified for six years prior to the date of
			 training, then the instructor must be approved by the Department of the State
			 Fire Marshal prior to providing the general operator certification training or
			 the training may not be accepted by the Department of the State Fire Marshal
			 for general operator certification.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0820 - Pyrotechnician Training Course Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The training course required by OAR
			 837-012-0780(1)(d)  is developed by the Department of the State Fire
			 Marshal.
(2) All individuals
			 providing operator certification training required under OAR 837-012-0780  must
			 provide at a minimum the training course developed by the Department of the
			 State Fire Marshal.
(3) Any
			 training course not developed by the Department of the State Fire Marshal does
			 not comply with OAR 837-012-0780(1)(d).
(4) The Department of the State Fire Marshal
			 may update the training course annually to ensure it is consistent and current
			 with federal and state laws, rules and regulations pertaining to fireworks
			 displays.
Statutory/Other Authority: ORS
				  480.150
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 837-012-0830 - Denial, Suspension or Revocation of Display Permit or General or Limited Operator Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 State Fire Marshal may deny, revoke or suspend a display permit or general or
			 limited operator certificate when a person listed on the display permit or
			 operator certificate fails to comply with ORS
			 480.111 through
			 480.165, OAR chapter 837,
			 division 12 or any other applicable federal, state or local law, rule or
			 regulation pertaining to fireworks.
(2) Any such denial, revocation, or
			 suspension must be in conformance with ORS
			 183.310 to
			 183.550.
(3) Grounds for denial, suspension, or
			 revocation of a display permit or operator certificate include, but are not
			 limited to the following:
(a) A person named
			 on the permit application fails to comply with applicable federal, state, or
			 local laws, rules, ordinances or regulations pertaining to the manufacture,
			 sale, use, discharge, transportation, storage or possession of fireworks;
			 or
(b) The Department of the State
			 Fire Marshal is presented with evidence and a recommendation to deny, suspend
			 or revoke an application, or permit by fire or law enforcement authority. The
			 evidence must support the conclusion that the sponsor permit holder, or
			 applicant has violated applicable rules or statutes; or
(c) The permit holder knowingly hires,
			 employs, or utilizes someone who has had a wholesale, retail or display permit
			 revoked, denied or suspended within the last three years; or
(d) There has been a failure to obtain and
			 maintain necessary local or state on-site inspections, approvals, proof of
			 liability insurance and other required permits; or
(e) Sells, donates or otherwise provides
			 fireworks to any person; or
(f) A
			 permit, or permit number that has expired, or that does not exist, or which has
			 not been issued, is used to support the purchase, use, discharge,
			 transportation, storage, possession or sale of fireworks; or
(g) The applicant submitted a fraudulent
			 permit application; or
(h) Any
			 other violation of the fireworks statutes or rules.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0835 - Purchase, Transportation and Storage of Display Fireworks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General and
			 limited display permit holders must purchase or otherwise obtain display
			 fireworks only from wholesalers who possess a current and valid wholesale
			 permit issued by the Department of the State Fire Marshal.
(2) General and limited display permit
			 holders must purchase or otherwise obtain display fireworks only from the
			 wholesaler listed on the display permit.
(3) If the wholesaler who supplies the
			 display fireworks is different from the wholesaler listed on the display
			 permit, the display permit holder must notify, in writing, the Department of
			 the State Fire Marshal and the local fire authority of the change at least 24
			 hours prior to purchasing the display fireworks from the wholesaler.
(4) The designated agent may pick up
			 fireworks from the wholesaler and deliver only to the storage site as listed on
			 the display permit or directly to the display site as listed on the
			 permit.
(5) The permit holder, or
			 their designated agent, must possess the display permit at the time the display
			 fireworks are picked up from or delivered by the wholesaler.
(6) The permit holder, or their designated
			 agent, may transport the display fireworks only to the:
(a) Storage site approved by the local fire
			 authority and the Department of the State Fire Marshal and listed on the
			 display permit; or
(b) The display
			 site listed on the display permit.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0840 - Selection of Display Site and Set Up

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the display, the areas selected
			 for the discharge site, fallout area, spectator viewing and parking may be
			 inspected and approved by the local fire authority and law enforcement
			 authority.
(2) The purpose of this
			 rule is to provide guidance for clearances upon which the local fire authority
			 and law enforcement authority may base their approval or denial of the display
			 site.
(3) The required minimum
			 separation distance between the discharge site and any spectators, vehicles or
			 readily combustible materials is set forth in Table 1. This distance is
			 determined by the largest size aerial shell to be discharged at the intended
			 display. At a minimum, the fallout area for a display must be the required
			 minimum separation distance set forth in Table 1.
(a) Where added safety precautions have been
			 taken, or particularly favorable conditions exist, the local fire authority may
			 decrease the required separation distance pursuant to Table 1. In no case may
			 the required separation distance be less than 70' per inch of aerial shell
			 diameter. Final approval of the decrease in distance is the responsibility of
			 the Department of the State Fire Marshal.
(b) When unusual or safety threatening
			 conditions exist, the local fire authority may increase the required separation
			 distance pursuant to Table 1 as necessary to provide adequate safety for the
			 display site, spectators, and surrounding property.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0855 - Barge Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Barges
			 may be permitted to be manned or unmanned as long as the barge operators remain
			 in control of the barge, and the operator and assistants remain in control of
			 the barge display site and firing of the display.
(2) The movement and location of a barge must
			 be controlled at all times, whether self-propelled, controlled by another
			 vessel, or secured by anchoring or mooring.
(3) The means of controlling the movement and
			 location of a barge pursuant to subsection (2) of this rule must be done so by
			 means approved by the local fire authority prior to the display.
(4) Barges may be used as a discharge site
			 only if the barge is sufficiently stable and seaworthy so the type of fireworks
			 and the placement of the fireworks, mortars, and accompanying equipment on the
			 barge does not compromise the stability or seaworthiness of the barge when the
			 fireworks are discharged.
(5) When
			 a barge is manned during the firing of the display, a safety shelter must be
			 present on the barge. The safety shelter must:
(a) Be of sufficient size to accommodate all
			 individuals present during the actual firing of the display;
(b) Have a minimum of three sides and a roof;
			 and
(c) Have walls and a roof
			 constructed of at least 3/4 in. (19 mm) plywood or equivalent
			 material.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0865 - Operations for Barge Displays

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Manual firing of displays may be allowed only under the following conditions:
(a) Shells must be loaded into mortars and
			 put into place prior to the display. Reloading of any kind during a barge
			 display is prohibited;
(b) Shells
			 may be single-break only and may not exceed 6" in diameter;
(c) The barge must meet double the size
			 requirements established by OAR 837-012-0855;
(d) All individuals, other than operators and
			 assistants must be behind protective barriers during the display. Protective
			 barriers must meet the strength requirements of 3/4 inch (19mm) plywood or
			 equivalent.
(e) Electrical firing
			 and manual firing on the same barge is allowed when the mortars to be used for
			 manual firing are separated from mortars to be used for electrical firing by a
			 minimum of 25 feet.
(f) All aerial
			 shells greater than 6" in diameter must be fired using electrical ignition or
			 other means of remote ignition that place the operator and assistants at least
			 75 feet away from the mortar or behind a sturdy barricade at the time of
			 ignition of the lift charge.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 12 - PUBLIC DISPLAY OF FIREWORKS IN OREGON › Section 837-012-0875 - Mortar Racks for Barge Displays

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mortar racks must be constructed in a
			 thorough manner to be capable of holding multiple mortars in position during
			 normal functioning.
(2) Mortar
			 racks that are not inherently stable must be secured or braced to stabilize
			 them. Stabilization may be accomplished by using stakes, legs, A-frames,
			 side-boards, or equivalent means. Inherently stable means if the base of the
			 rack, before being loaded with fireworks, were tipped 50 degrees from the
			 horizontal in any direction, it would then return to the horizontal
			 position.
(3) Mortar racks must be
			 oriented, angled, or oriented and angled in such a way to maximize spectator
			 safety.
Stat. Auth.: ORS 476.030 & 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 837-012-0880 - Ground Display Fireworks

Current through Register Vol. 63, No. 7, July 1, 2024
When ground display pieces are to be fired electrically, they
				may be located in the fall-out area.
(1) When aerial shells have been preloaded,
			 ground display pieces may be located in the discharge area.
(2) Dry grass must be wet down or removed
			 before the display.
(3) Combustible
			 materials must be removed or adequately protected as approved by the fire
			 authority if deemed a fire hazard by the fire authority.
(4) Poles for ground display pieces must be
			 securely placed and firmly braced so they will not fall over during functioning
			 of the firework device.
(5)
			 Specific instructions from the supplier must accompany all ground display
			 pieces. A list of required accessories also must be supplied.
Stat. Auth.: ORS 480.150
Stats. Implemented: ORS 480.110 -
				  480.165