Or. Admin. Code § 837-012-0630

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

Section 837-012-0630 - Issuance of Retail Permits

(1) The Department of the State Fire Marshal may not approve a permit application, or issue a retail permit, without the prior approval of the local fire authority.

(2) The Department of the State Fire Marshal will assign a unique number to each retail permit issued.

(3) Only one retail permit may be issued for each retail site with the following exception: More than one retail sales outlet may be erected and operated at the same retail site, whether indoors or outdoors, when there is sufficient space to allow each retail sales outlet to conform to the requirements of ORS 480.111 to 480.165 and these rules. For example, retail permits may be issued for both outdoor sales and indoor sales located at the same retail site.

(4) The Department of the State Fire Marshal will mail the original retail permit to the applicant at the mailing address listed on the permit application.

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

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

(7) A retail permit allows the holder of the permit to engage in the purchase, transportation, possession, storage and sales of retail 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 applicable federal, state or local laws, rules or regulations pertaining to fireworks.

(8) A retail permit holder is authorized only to sell or otherwise provide retail fireworks to individual members of the general public.

(9) A retail permit does not authorize the:

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

(b) Sale or provision of retail fireworks to any person other than an individual member of the general public.

(10) The retail permit and permit number issued by the Department of the State Fire Marshal are valid for the sale of retail fireworks from June 23 through July 6 of the year in which the permit was issued.

(11) A retail permit is valid only for the retail sales outlet and retail site listed on the permit.

(12) Only the retail permit holder, and any employees or volunteers of the retail permit holder, may engage in retail operations authorized by the retail permit.

(13) Retail permit, and the rights conveyed by the permits, are not transferable.

(14) Retail permit holders must contract directly with the wholesaler listed on the retail permit for the purchase of retail fireworks.

(15) Retail permit holders may not contract, subcontract, lease, sub-lease or convey by any other means to another person any rights granted under the retail permit.

(16) The retail permit issued by the Department of the State Fire Marshal does not require property owners or others to allow sales of retail fireworks on their property. The Department of the State Fire Marshal will not intercede on the behalf of retail permit holders with property owners who refuse to allow sales of retail fireworks on their property, or, in the case of two permit applications submitted or two retail permit inadvertently issued for the same retail site, when there is a question of which applicant or retail permit holder has permission from the property owner to conduct sales at the retail site.

Or. Admin. Code § 837-012-0630

FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; FM 1-1997, f. & cert. ef. 1-28-97; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; Reverted to FM 1-1997, f. & cert. ef. 1-28-97; 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; Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99; 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 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 105-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 476 & 480

Statutes/Other Implemented: ORS 480.110 - 480.165