Or. Admin. R. 837-012-0740

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

Section 837-012-0740 - Display Permit Applications

(1) Any person intending to have, put on, or sponsor a display must apply for and obtain a display permit from the Department of the State Fire Marshal.

(2) A separate display permit must be applied for and obtained for each display that may be conducted in Oregon.

(3) Each display permit must be for a specific date and time of day. Permit may not be continuous throughout the date of display.

(4) The application for display permit must be made on a form provided by the Department of the State Fire Marshal.

(5) The display permit application may be completed by the sponsor, wholesaler, operator or assistant for the intended display as listed on the application.

(6) All information provided by the applicant on the display permit application must be true and correct to the applicant's knowledge.

(7) In addition to completion of the application, applicants must submit: A diagram of the display site in accordance with subsection (9) of this rule;

(8) As part of the display permit application process, applicants must apply for and obtain, in writing when available;

(a) All required state and local licenses, permits and approvals; and

(b) Liability insurance, if required pursuant to ORS 480.150(1).

(9) The diagram of the display site, required pursuant to subsection (7) of this rule, must include without limitation, the following:

(a) The location and size of the discharge site. All the other distances required by the subsection below must be measured from the outside perimeter of the discharge site;

(b) The location of the fallout area;

(c) The location of all buildings, structures, highways, streets or other means of travel in and within 100 feet of the discharge site and fallout area;

(d) The location of the spectator viewing areas and their distance from the discharge site and fallout area; and

(e) The location of all trees, power lines of any type and any other overhead obstructions 25 feet or higher in and within 100 feet of the discharge site and fallout area.

(10) Applicants must submit their completed display permit application to the local fire authority and law enforcement authority for review and signature approving, but not limited to, the proposed display site, discharge site, spectator viewing areas, parking areas and fallout areas, prior to submission of the display permit application to the Department of the State Fire Marshal.

(11) The local fire authority and the law enforcement authority may not sign a display permit application if, but not limited to, the display site, discharge site, spectator viewing areas, parking areas or fallout areas or the display permit application does not comply with ORS 480.111-480.165, OAR 837 division 12 or any other applicable federal, state or local laws, rules or regulations pertaining to fireworks.

(12) Display permit applications must be postmarked by a United States Postmark or received at the Salem Department of the State Fire Marshal a minimum of 15 days prior to the date of the proposed display.

(13) Display permit applications postmarked or received after the deadline set forth under subsection (12) of this rule may be returned unprocessed.

(14) A permit is not transferable from the permit holder to another permit holder or person.

(15) Another person or permit holder cannot perform any acts allowed by the display permit unless that person is listed on the display permit or is a designated agent for the permit holder.

Or. Admin. R. 837-012-0740

FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, 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 96-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 480.150

Statutes/Other Implemented: ORS 480.110 - 480.165