Or. Admin. R. 837-012-0670

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

Section 837-012-0670 - Prohibited Acts and Limitations

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

(2) Retail permit holders may not sell or provide by any other means including donation:

(a) Retail fireworks to any individual members of the general public under 16 years of age;

(b) Illegal fireworks to any individual members of the general public;

(c) Any retail fireworks that have been altered;

(d) Any retail fireworks not supplied and distributed to the retail permit holder by a wholesaler who possesses a valid and current wholesale permit issued by the Department of the State Fire Marshal pursuant to OAR 837-012-0635(1) through (3).

(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 the storage, distribution, transportation or sale of retail fireworks for a period not to exceed three years.

(4) Retail permit holders may not sell, provide, keep, or offer for sale, expose for sale, possess, use, explode or have exploded any retail firework that has not been approved, certified or listed for transport by the United States Department of Transportation and the United States Consumer Product Safety Commission, or does not have a United States Bureau of Explosives Temporary Transfer Permit.

(5) No retail sales outlet may be erected prior to the issuance of a retail permit for that retail sales outlet location.

(6) No person may sell, transfer or otherwise provide retail fireworks to individual members of the general public without first obtaining a retail permit.

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

Or. Admin. R. 837-012-0670

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; 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 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 100-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 476 & 480

Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165