Or. Admin. R. 837-012-0830

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

Section 837-012-0830 - Denial, Suspension or Revocation of Display Permit or General or Limited Operator Certificate

(1) The State Fire Marshal may deny, revoke or suspend a display permit or general or limited operator certificate when a person listed on the display permit or operator certificate fails to comply with ORS 480.111 through 480.165, OAR chapter 837, division 12 or any other applicable federal, state or local law, rule or regulation pertaining to fireworks.

(2) Any such denial, revocation, or suspension must be in conformance with ORS 183.310 to 183.550.

(3) Grounds for denial, suspension, or revocation of a display permit or operator certificate include, but are not limited to the following:

(a) A person named on the permit application fails to comply with applicable federal, state, or local laws, rules, ordinances or regulations pertaining to the manufacture, sale, use, discharge, transportation, storage or possession of fireworks; or

(b) The Department of the State Fire Marshal is presented with evidence and a recommendation to deny, suspend or revoke an application, or permit by fire or law enforcement authority. The evidence must support the conclusion that the sponsor permit holder, or applicant has violated applicable rules or statutes; or

(c) The permit holder knowingly hires, employs, or utilizes someone who has had a wholesale, retail or display permit revoked, denied or suspended within the last three years; or

(d) There has been a failure to obtain and maintain necessary local or state on-site inspections, approvals, proof of liability insurance and other required permits; or

(e) Sells, donates or otherwise provides fireworks to any person; or

(f) A permit, or permit number that has expired, or that does not exist, or which has not been issued, is used to support the purchase, use, discharge, transportation, storage, possession or sale of fireworks; or

(g) The applicant submitted a fraudulent permit application; or

(h) Any other violation of the fireworks statutes or rules.

(4) The period of denial, revocation or suspension may not exceed three years. In determining the appropriate sanction, the Department of the State Fire Marshal may consider the following criteria:

(a) The severity of the violations or its impact on public safety, particularly whether the circumstances of the violations presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations alleged to have been committed in the current transaction, event or occurrence;

(c) Whether the violation was willful or intentional;

(d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the holder of, or applicant for, a display permit or operator certificate; and

(e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation.

(5) Suspension or revocation of a display permit or operator certificate may include suspension or revocation of the current permit or certificate and the right to apply for a subsequent permit or certificate.

Or. Admin. R. 837-012-0830

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 3-2004, f. & cert. ef. 1-14-04; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 87-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 480.150

Statutes/Other Implemented: ORS 480.110 - 480.165