Or. Admin. Code § 837-012-0330

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

Section 837-012-0330 - General

(1) Pest control fireworks may only be used to repel birds or animals from properties if the birds or animals are or may be injurious or destructive to a property, including crops and livestock located on the property, identified in HB 2432 (2015 OL Ch. 57).

(2) Pest control fireworks may only be used by the permit holder to deter the destructive or injurious activities specified on the permit application by the types of birds or animals listed on the permit application.

(3) Pest control fireworks permit holders desiring to engage in other types of fireworks activities, including wholesale sales, fireworks displays or retail sales, must meet all applicable requirements in ORS 480.111 through 480.165 and OAR chapter 837, division 12.

(4) Pest control fireworks permit holders must notify the Department of the State Fire Marshal, in writing, within 24 hours of the date of change, of:

(a) The pest control fireworks permit holder's mailing address, telephone number,

(b) The storage address of the pest control fireworks.

(5) Change of the storage location of the pest control fireworks is subject to prior written approval by the local fire authority and the Department of the State Fire Marshal.

(6) Pest control fireworks permit holders must comply with all applicable federal, state and local laws, rules and regulations including, without limitation:

(a) ORS 480.111 through 480.165;

(b) OAR chapter 837, division 12;

(c) Oregon Fire Code as adopted by the State Fire Marshal pursuant to OAR 837-040-0010; and

(d) Oregon Structural Specialty Code as adopted by the Oregon Building Codes Division pursuant to OAR 918-040-0010.

(7) Pest control fireworks permit holders must purchase pest control fireworks only from wholesalers having the necessary and current permits required by ORS 480.111 to 480.160 and OAR 837-012-0500 through 837-012-0570.

(8) Pest control fireworks permit holders or their agent must have the agricultural pest control fireworks permit (or a copy) issued by the State Fire Marshal in their possession at the time the agricultural pest control fireworks are picked up from the wholesaler.

(9) Pest control fireworks permit holders may request a duplicate copy of their pest control fireworks permit by certifying to the Department of the State Fire Marshal, in writing, their pest control fireworks permit has been lost, stolen, or destroyed. Written requests must be signed and dated by the pest control fireworks permit holder.

(10) The issuance of a pest control fireworks permit does not in any way constitute approval by the Department of the State Fire Marshal of any pest control fireworks purchased, sold, or provided pursuant to the pest control fireworks permit.

(11) A pest control fireworks permit allows the permit holder to engage in the purchase, transportation, possession, storage and use of pest control 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 federal, state or local laws, rules or regulations pertaining to fireworks.

(12) A pest control fireworks permit does not authorize the:

(a) Purchase, possession or sale of illegal fireworks by or to any person; or

(b) The sale, re-sale, or provision of pest control fireworks by or to any person other than the pest control fireworks permit holder.

(13) Any pest control fireworks permit holder, other than an individual, is required by the State Fire Marshal to list the name, age, address, and phone number of one individual in a management position within their company or organization, on the permit application.

(14) Individuals firing pest control fireworks must be a minimum of 18 years of age.

(15) Only the pest control fireworks permit holder, and any employees of the pest control fireworks permit holder, may engage in activities authorized by the pest control fireworks permit.

(16) Pest control fireworks permits, and the rights conveyed by the pest control fireworks permit, are not transferable.

Or. Admin. Code § 837-012-0330

FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0030; 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 8-2010(Temp), f. 12-20-10, cert. ef. 1-1-11 thru 6-29-11; OSFM 3-2011, f. 4-22-11, cert. ef. 6-29-11; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 8-2023, minor correction filed 06/29/2023, effective 6/29/2023

Publications: Publications referenced are available from the agency.

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

Statutes/Other Implemented: ORS 480.110 - 480.165