Or. Admin. R. 837-012-0510

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-012-0510 - Definitions

For purposes of ORS 480.111 through 480.165 and OAR 837-012-0500 through 837-012-0570, the following definitions apply:

(1) "BATFE" means the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(2) "Carton, container, or case" means any box, parcel, bundle, or other package used to hold or contain fireworks, retail fireworks, display fireworks, or pest control fireworks for purposes of transportation and storage. The term does not include:

(a) The wrapping or packaging used to hold or contain a single or small number of fireworks, retail fireworks, display fireworks, or pest control fireworks; or

(b) A vehicle or other mobile container used to transport fireworks, retail fireworks, display fireworks, or pest control fireworks.

(3) "Display fireworks" means fireworks defined in ORS 480.111(4) that are authorized under a general, limited, or special effects display permit issued pursuant to 480.130, 480.140 and 480.150.

(4) "Domicile" means a person's legal home; the particular place that a person intends to make the person's fixed and permanent home and abode.

(5) "Exempt fireworks" has the meaning provided in ORS 480.111(5).

(6) "Fireworks" has the meaning provided in ORS 480.111(7).

(7) "Illegal fireworks" means any fireworks other than consumer fireworks including but not limited to, any firework that flies into the air, or explodes or behaves in an uncontrolled and unpredictable manner.

(8) "Individual" means a single human being.

(9) "Individual member of the general public" means:

(a) For persons in Oregon, any person who has not been issued a wholesale permit, a general, limited or special effects display permit, a retail permit, or a pest control fireworks permit by the Department of the State Fire Marshal.

(b) For persons outside of Oregon, any person who has not been issued a license or permit when such a license or permit is required, authorizing the person to sell, purchase, obtain, transport, possess, use or discharge fireworks, retail fireworks, display fireworks, or pest control fireworks.

(10) "In-state wholesaler" means a wholesaler who owns, possesses, or occupies a wholesale site located in Oregon.

(11) "Local fire authority" means the local fire official having jurisdiction over the wholesale site and wholesale operations.

(12) "Manager" means the individual identified on the permit application who is responsible for and directs the operations at the wholesale site.

(13) "Manufacture" has the meaning provided in ORS 480.111(13).

(14) "NFPA" means the National Fire Protection Association.

(15) "Novelties and trick noisemakers" means those items described in ORS 480.111(5) and the American Pyrotechnics Association Standard 87-1. It also means exempt fireworks.

(16) "Out-of-state wholesaler" means a wholesaler who owns, occupies, or possesses a wholesale site located outside of Oregon.

(17) "Permit application" means the application forms 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 wholesale permit.

(18) "Pest control Fireworks" has the meaning given in OAR 837-012-0315.

(19) "Pyrotechnic articles" has the meaning provided in ORS 480.111(14).

(20) "Pyrotechnic composition" has the meaning provided in ORS 480.111(15).

(21) "Pyrotechnic device" has the meaning provided in ORS 480.111(16).

(22) "Residence" means the particular dwelling place where a person lives and has a present intent to remain for a period of time.

(23) "Resident" means any person who occupies a dwelling in a state and has a present intent to remain in the state for a period of time.

(24) "Retail fireworks" means consumer fireworks as defined in ORS 480.111(2). The term includes a firework designed with the means to roll or move while remaining on the ground, that travels 12' or less horizontally on smooth surfaces.

(25) "Retailer" means any person who, sells, transfers, or provides by any other means, or intends to sell, transfer or provide by any other means, retail fireworks to individual members of the general public.

(26) "Sales representative" means an individual who is an employee of the wholesale permit holder and is authorized to conduct sales for the wholesale permit holder.

(27) "Sell" means to transfer possession of property from one person to another person for consideration.

(28) "Special effects" has the meaning defined in ORS 480.111(17).

(29) "Wholesale operations" means the sale of fireworks, retail fireworks, display fireworks, or pest control fireworks and related activities, including the purchase, possession, storage and transportation of such fireworks.

(30) "Wholesale permit" means the official written document issued by the Department of the State Fire Marshal that authorizes the purchase, transport, possession, packaging, storing and sale of fireworks, retail fireworks, display fireworks, or pest control fireworks when otherwise in compliance with all applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12, and any other applicable federal, state and local laws, rules and regulations.

(31) "Wholesale site" means the location where a wholesaler's sales and storage facilities are operated and maintained.

(32) "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.

Or. Admin. R. 837-012-0510

FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; Reverted to FM 5-1989, f. & cert. ef. 9-15-89; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 4-2006, f. & cert. ef. 3-10-06; 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 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 11-2023, minor correction filed 06/29/2023, effective 6/29/2023

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 476, 478 & 480

Statutes/Other Implemented: ORS 480.110 - 480.165