Or. Admin. R. 837-012-0520

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

Section 837-012-0520 - Wholesale Permit Applications

(1) Any in-state wholesaler engaged in, or intending to engage in, the sale, provision, or shipment of fireworks, retail fireworks, display fireworks, or pest control fireworks, within Oregon, or from Oregon for delivery into another state, must first apply for and obtain a wholesale permit issued by the Department of the State Fire Marshal.

(2) Any out-of-state wholesaler engaged in, or intending to engage in, the sale, provision, or shipment of fireworks, retail fireworks, display fireworks, or pest control fireworks, in or into Oregon must first apply for and obtain a wholesale permit issued by the Department of the State Fire Marshal.

(3) A separate wholesale permit must be applied for and obtained for each wholesale site that may conduct wholesale operations within, from, or into Oregon.

(4) The application for a wholesale 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 wholesale permit application forms, applicants must submit:

(a) A copy of a current photographic identification card of all applicants. The Department of the State Fire Marshal may only accept photo identification issued by the Department of Motor Vehicles in the applicant's state of residency. For purposes of this rule, if the applicant is a corporation, the applicant must submit copies of photographic identification of all the corporate officers. If the applicant is a partnership, the applicant must submit copies of the photographic identification of all partners.

(b) A description of the types, pursuant to United States Department of Transportation classification, and the maximum quantities, by total gross weight, of fireworks, retail fireworks, display fireworks, or pest control fireworks to be stored at the wholesale site for which a wholesale permit has been applied;

(7) As part of the permit application process, the applicant must obtain the approval of the local fire authority and the local building official prior to submitting their application to the Department of the State Fire Marshal.

(8) Exception to 837-012-0520(7): If the applicant's wholesale site address was continuous during the year preceding the year for which the wholesale permit renewal is sought, the applicant is required only to re-submit to the Department of the State Fire Marshal, as part of the wholesale permit renewal application, the approval of the local fire authority.

(9) As part of the permit application, wholesale permit applicants who intend to sell or provide 1.3G fireworks must submit to the Department of the State Fire Marshal a copy of their appropriate license issued by BATFE.

(10) Additional wholesale requirements pertaining to fireworks, where applicable, must include:

(a) Provide $1M premises liability insurance as part of wholesale permit application;

(b) Compliance with federal DOT insurance requirements of $5,000,000 per shipment of 1.3G fireworks and $1,000,000 per shipment of 1.4G fireworks;

(c) Hazardous Material Certificate of Registration required by 49 CFR Part 107, Subpart G; as part of wholesale permit application;

(d) File Federal DOT MCS 90, MCS 150B;

(e) Provide proof of wholesale permit to offer manufactured pyrotechnics into commerce as required by ORS 480.120;

(f) Compliance with BATFE 5400;

(g) Annually file the Oregon Hazardous Substance Possession Survey;

(h) Submit a Certificate of Occupancy for all buildings as part of wholesale permit application;

(i) Compliance with NFPA 68 guide for explosive venting hazardous group H as part of wholesale permit application;

(j) Compliance with NFPA 1124 manufacturing and storage requirements;

(k) Any structures utilized as storage exceeding 30 days must be classified as permanent storage and meet NFPA 1124 requirements;

(l) Compliance with Oregon Structural Specialty Code Section 307 as adopted by the Oregon Building Codes Division pursuant to OAR 918-460-0010;

(m) Compliance with Oregon OSHA requirements.

(11) "BE" and "EX" numbers must be obtained before any manufactured pyrotechnic device is entered into commerce or transported.

(12) Applicants must submit the completed permit application to the local fire authority for review and signature approving the wholesale site prior to submission of the permit application to the Department of the State Fire Marshal.

(13) Permit applications must be signed by all applicants.

(a) If the applicant is a partnership, the application must be signed by every partner.

(b) If the applicant is a corporation, the application must be signed by an officer of the corporation.

(c) If the applicant is an out-of-state wholesaler, the application must be signed by the applicant and the manager.

(14) Permit applications may not be submitted to the Department of the State Fire Marshal prior to October 1 of the year preceeding the year for which the wholesale permit is sought.

(15) Permit applications must be postmarked by a United States Postmark, or received at the Department of the State Fire Marshal, no later than December 18 of the year preceding the year for which the wholesale permit is sought. If December 18 falls on a day when a postmark cannot be obtained, applications must be postmarked on the preceding business day when a postmark can be obtained. If December 18 falls on a day when the Department of the State Fire Marshal is closed, and the applicant wishes to hand deliver their application, it must be delivered to the Department of the State Fire Marshal at the Salem office on the preceding business day. However, due to limited resources in the fireworks program, it is recommended that wholesale fireworks permit applications be postmarked or submitted to the OSFM by December 1 of the year preceding the year for which the permit is sought.

(16) Relocation of the wholesale site requires submission of a new permit application and wholesale permit fee.

(17) Only one wholesale permit may be applied for or issued for each wholesale site.

Or. Admin. R. 837-012-0520

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 837-012-0120; 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 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 1-2008(Temp), f. & cert. ef. 1-25-08 thru 7-3-08; OSFM 2-2008, f. 4-3-08, cert. ef. 5-1-08; 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 119-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 476, 478 & 480

Statutes/Other Implemented: ORS 480.110-480.165