Department of Oregon State Police, Office of State Fire Marshal, Chapter 837
Rule Caption: Housekeeping and clarification of fireworks wholesale administrative rules.
Adm. Order No.: OSFM 6-2012
Filed with Sec. of State: 4-23-2012
Certified to be Effective: 8-3-12
Notice Publication Date: 3-1-2012
Rules Amended: 837-012-0515
Subject: Clarify section 837-012-0515 of the wholesale fireworks administrative rules, and make a few housekeeping changes.
Rules Coordinator: Connie Dalke—(503) 934-8211
(1) Definitions. For purposes of this administrative rule, the following definitions apply:
(a) “Fireworks” has the definition contained in ORS 480.110.
(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.
(2) Any person intending to sell or provide fireworks by any means within the state of Oregon, must first obtain an Oregon wholesale permit.
(3) Any person intending to sell or provide items described in ORS 480.127 by any means within the state of Oregon, must first obtain an Oregon wholesale permit, unless that person possesses an Oregon retail sales permit.
(4) A wholesaler may sell or provide by any means either fireworks or items described in ORS 480.127 in the state of Oregon only to persons having obtained one of the following State Fire Marshal issued permits:
(a) Fireworks display permit, including general, limited, close proximity, and special effects;
(b) Retail sales permit for the sale of retail fireworks to the general public; or
(c) Agricultural fireworks permit for scaring away birds or animals injurious to crops.
(5) Wholesalers desiring to engage in any Fireworks activities, including retail sales, agricultural use, or fireworks displays must meet all applicable requirements of ORS 480.110 through 480.165 and OAR chapter 837, division 12, including obtaining permits for such activities from local, federal, and state authorities.
(6) Wholesale Permit holders must comply with all applicable federal, state, and local laws, rules and regulations pertaining to Fireworks, including:
(a) ORS 480.110 through 480.165; and
(b) OAR chapter 837, division 12
(7)Wholesalers must notify the State Fire Marshal, in writing, within two weeks of the date of change of:
(a) Identity of the Wholesaler’s Manager;
(b) The Wholesaler’s mailing address or telephone number;
(c) Ownership of the Wholesaler’s Site;
(d) Ownership of the Wholesaler’s Operation; or
(e) The addition, or subtraction, of a Sales Representative for the Wholesaler.
(8) Exempt Fireworks are exempt from the permit requirements set forth in ORS 480.110 through 480.165 and OAR chapter 837, division 12. Exempt Fireworks may be sold and purchased at any time, and do not require a permit.
(9) Wholesalers who provide 1.3g Fireworks must provide a minimum of one general operator certification training course annually as required by OAR 837-012-0780.
[Publications: Publications referenced are available from the agency.]
Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1982(Temp), f. & ef. 3-5-82; FM 3-1982(Temp), f. & ef. 4-16-82; FM 3-1985, f. & ef. 4-17-85; FM 1-1986, f. & ef. 1-9-86; FM 6-1986(Temp), f. & ef. 6-10-86; FM 9-1986, f. & ef. 12-10-86; Suspended by FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; Renumbered from 837-012-0125; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 8-2002, f. & cert. ef. 10-4-02; OSFM 6-2004(Temp), f. & cert. ef. 11-17-04 thru 5-15-05; Administrative correction 5-20-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11; OSFM 4-2012(Temp), f. & cert. ef. 2-6-12 thru 8-3-12; OSFM 6-2012, f. 4-23-12, cert. ef. 8-3-12