Or. Admin. Code § 837-012-0610

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

Section 837-012-0610 - Definitions

For purposes of ORS 480.111 through 480.165 and OAR 837-012-0600 through 837-012-0675, the following definitions apply:

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

(2) "Building" has the same meaning provided in the Oregon Structural Specialty Code, as adopted by the Oregon Building Code Division pursuant to ORS 918-460-0010. The term does not include a tent, canopy, stand or trailer.

(3) "Canopy" means a temporary structure, enclosure or shelter; constructed of fabric or pliable materials; supported by any manner, except by air or the contents it protects, and is open without sidewalls or drops on 75 percent or more of the perimeter.

(4) "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 or 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.

(5) "Combination Iitem" means a consumer fireworks device that contains combinations of two or more effects.

(6) "Cone fountain" has the meaning provided in ORS 480.111(1).

(7) "Consumer fireworks" has the meaning provided in ORS 480.111(2).

(8) "Cylindrical fountain" has the meaning provided in ORS 480.111(3).

(9) "Display fireworks" has the meaning provided in ORS 480.111(4).

(10) "Employee" means an individual hired by a retail permit holder to sell retail fireworks from a retail sales outlet, or to otherwise engage in retail operations.

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

(12) "Exit" means an opening or passageway that:

(a) Provides a means of leaving an enclosed space or area; and

(b) Is required to be constructed in accordance with the Oregon Structural Specialty Code, as adopted by the Oregon Building Code Division pursuant to ORS 918-460-0010. The term may include a check stand exit.

(13) "Explosive mixture" has the meaning provided in ORS 480.111(6).

(14) "Fire protection district" means any district created under the laws of Oregon or the United States, including rural fire protection districts and any federal, state or private forest patrol areas.

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

(16) "Flitter sparkler" has the meaning provided in ORS 480.111(9).

(17) "Ground spinner" has the meaning provided in ORS 480.111(10). The term does not include "crazy jacks," "jumping jacks" and similar spinning devices that do not have a means to prevent uncontrolled and unpredictable behavior during discharge, and due to uncontrolled and unpredictable behavior, present a severe hazard of fire and injury. The sale of such devices is therefore prohibited.

(18) "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.

(19) "Illuminating torch" has the meaning provided in ORS 480.111(11).

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

(21) "Individual member of the general public" means 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.

(22) "Individual responsible for sales" means the individual identified on the permit application who is responsible for the operation of the retail sales outlet listed on the permit application.

(23) "Indoor sales" means sales of retail fireworks from inside a building or tent.

(24) "Local fire authority" means the local fire official having jurisdiction over the retail site or the retail fireworks storage location.

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

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

(27) "Outdoor sales" means sales of retail fireworks from a tent, canopy, stand or trailer.

(28) "Permit application" means the application form 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 retail permit.

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

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

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

(32) "Retail operations" means the sale of retail fireworks from a retail sales outlet to individual members of the general public and related activities, including the purchase, possession, storage and transportation of retail fireworks.

(33) "Retail permit" means the official written document issued by the Department of the State Fire Marshal pursuant to ORS 480.127 that authorizes the purchase, transport, possession, storage and sale of retail fireworks, at retail, when otherwise in conformance 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 pertaining to fireworks.

(34) "Retail sales outlet" means a permanently or temporarily erected structure or enclosure located at the retail site and from which retail fireworks are sold to individual members of the general public. The term includes stands, tents, canopies, buildings, and trailers.

(35) "Retail site" means the physical location or address of the retail site outlet listed on the retail permit where retail fireworks are sold.

(36) "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.

(37) "Sales display" means the placement at a retail site outlet of retail fireworks to allow individual members of the general public to view, handle and purchase the retail fireworks.

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

(39) "Stand" means a booth temporarily erected and used for the sale of retail fireworks to individual members of the general public.

(40) "Tent" means a temporary structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents it protects and is in compliance with Oregon Fire Code requirements for tents.

(41) "Volunteer" means a member of a non-profit organization that has applied for and obtained a retail permit.

(42) "Wheel" has the meaning provided in ORS 480.111(18).

(43) "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 and has obtained a fireworks wholesale permit issued by the Department of the State Fire Marshal.

Or. Admin. Code § 837-012-0610

FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; Reverted to FM 4-1990, f. & cert. ef. 7-10-90; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 2-2003, f. & cert. ef. 2-10-03; OSFM 3-2005, f. & cert. ef. 2-15-05; OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 109-2023, minor correction filed 07/03/2023, effective 7/3/2023

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 476 & 480

Statutes/Other Implemented: ORS 480.110 - 480.165