Or. Admin. Code § 837-012-0310

Current through Register Vol. 63, No. 11, November 1, 2024

Section 837-012-0310 - Pest Control Fireworks Permit Applications

(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.

Or. Admin. Code § 837-012-0310

FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0010; OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 5-2023, minor correction filed 06/29/2023, effective 6/29/2023

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124

Statutes/Other Implemented: ORS 480.110 - 480.165