Or. Admin. Code § 837-012-0555

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

Section 837-012-0555 - Prohibited Acts and Limitations

(1) Wholesale permit holders may not create, maintain, or allow the existence of a fire hazard at any location under their control where fireworks, retail fireworks, display fireworks, or pest control fireworks are stored, transported, sold, or used.

(2) No wholesale permit holder may sell or provide by any other means, including donation:

(a) Fireworks or display fireworks to any individual under 21 years of age;

(b) Retail fireworks or pest control fireworks to any individual under 18 years of age if the sale or provision of retail fireworks or pest control fireworks is to an individual in Oregon;

(c) Fireworks, retail fireworks, display fireworks, or pest control fireworks to any person who does not possess a valid permit for such fireworks, retail fireworks, display fireworks, or pest control fireworks issued by the Department of the State Fire Marshal, or if required, a valid license or permit issued by the equivalent agency in the person's state of residence or the state of destination for the fireworks, retail fireworks, display fireworks, or pest control fireworks;

(d) Fireworks, retail fireworks, display fireworks, or pest control fireworks which have been altered in any manner.

(3) No person who has been convicted of a violation of ORS 480.111 through 480.165 or OAR chapter 837, division 12, or who has had any fireworks permit or operator certificate suspended, denied or revoked, may participate in any manner in wholesale operations, for a period not to exceed three years.

(4) A wholesale permit holder may not knowingly employ, or have direct business ties with, any person whose wholesale or retail fireworks permit or operator certificate is revoked or suspended.

(5) No individual under 18 years of age may participate in any manner in wholesale operations involving fireworks, retail fireworks, or pest control fireworks.

(6) No individual under 21 years of age may participate in any manner in wholesale operations involving display fireworks.

(7) A wholesale permit holder may not fill out, complete or submit a general, limited, or special effects display permit, retail permit, or pest control fireworks permit previously filled out or completed by a different wholesaler unless the wholesale permit holder has applied for and received approval from the Department of the State Fire Marshal to do so.

(8) Wholesale permit holders may not sell, provide, ship, transport, keep, offer for sale, expose for sale, possess, use, explode or have exploded any fireworks, retail fireworks, display fireworks, or pest control fireworks that have not been approved, certified or listed for transport by the United States Department of Transportation and the United States Consumer Product Safety Commission, or if the fireworks, retail fireworks, display fireworks, or pest control fireworks do not have a United States Bureau of Explosives Temporary Transfer Permit.

(9) A wholesale permit or permit number that has expired or has not been issued does not authorize the purchase, use, discharge, transportation, storage, possession, sale or provision by any other means, including donation, of fireworks, retail fireworks, display fireworks, or pest control fireworks.

(10) Every person who knows of, engages in, allows, or is otherwise a party to, wholesale operations not in conformance with ORS 480.111 through 480.165 and OAR chapter 837, division 12, may be subject to denial, revocation, or suspension of the person's fireworks permit or operator certificate issued by the Department of the State Fire Marshal, and a civil penalty.

(11) No person may purchase or otherwise obtain, possess, use, discharge, transport, offer for sale, sell, transfer or otherwise provide fireworks, retail fireworks, display fireworks, or pest control fireworks without first applying for and obtaining the appropriate permit issued by the Department of the State Fire Marshal pursuant to ORS 480.111 through 480.165 and OAR chapter 837, division 12.

Or. Admin. Code § 837-012-0555

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 1-2005(Temp), f. & cert. ef. 1-13-05 thru 7-11-05; 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 113-2023, 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