Or. Admin. R. 837-012-0860

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

Section 837-012-0860 - Operation of Fireworks Display

(1) The sponsor of the display must provide adequate fire protection for the display.

(2) The sponsor or the operator must consult with the fire authority to determine the level of fire protection required.

(3) Monitors whose sole duty is enforcement of crowd control must be located around the display area by the sponsor. The fire authority must approve the provisions for crowd control.

(4) Monitors must be located around the display site to prevent spectators or any other unauthorized individuals from entering the display site. The display site must be so restricted throughout the display and until the display site has been inspected after the display. Where practical, fences and rope barriers may be used to aid in crowd control.

(5) During the period before the display, when fireworks materials are present, public access to the display site must not be allowed.

(6) The operator has the primary responsibility for safety. While the operator is allowed to actively participate in the firing of the display, safety must be the primary concern.

(7) The operator is responsible for ensuring that a sufficient number of assistants are on hand for the safe conduct of the display. Only the operator and necessary assistants may be permitted in the discharge area while the display is in progress.

NOTE: In some situations, it is believed it is appropriate to have one individual tending each ready box or shell storage area in use at a given time. Similarly, it is believed there should be two individuals reloading shells into mortars for each individual igniting the aerial shells. Unless racks of chain fused shells are being fired, it generally is believed a single individual can safely ignite no more than about ten shells per minute. If a greater rate of firing is desired, it is appropriate to have more than one individual lighting the shells.

(8) The display operator is responsible for meeting the administrative rules, statutory requirements and any other applicable requirements for the display including ensuring all assistants are fully trained in the proper performance of their assigned tasks and they are knowledgeable of safety hazards.

(9) If at any time before or during the display, the operator, local fire authority, or the law enforcement authority knows or should know an adverse condition exists that significantly affects safety, the display must be postponed until the condition is corrected.

(10) If at any time before or during the display, the operator, local fire authority, or the law enforcement authority knows or should know the lack of crowd control poses a danger, the display must immediately be discontinued until such time as the situation is corrected.

(11) If at any time before or during the display, the operator, local fire authority, or the law enforcement authority knows or should know that high winds, precipitation, or other adverse weather conditions prevail, such that a significant safety danger exists; the display must be postponed until weather conditions improve to an acceptable level.

NOTE: Changes that occur as a result of sections (9), (10) and (11) of this rule must meet the requirements of OAR 837-012-0740.

(12) Operators and assistants may use only flashlights or electric or chemical-luminescent lighting for artificial illumination.

(13) Smoking is not allowed within 100 feet of any area where fireworks or other pyrotechnic materials are present.

(14) Measures must be taken to protect all fireworks and materials to be used in the display from adverse weather conditions. Moisture-damaged materials must not be used.

(15) No individual may be allowed in the discharge area while under the influence of alcohol, narcotics, or drugs.

(16) The fire official having jurisdiction may require an effective means of communication between the operator, the local fire authority, and others as deemed necessary. That method may consist of cellular or digital telephones, walkie-talkies, marine radio, or similar methods approved by the local fire authority.

(17) Operators must be continuously responsible for the display from the beginning of the display through completion of the display including the after display cleanup and inspection.

Or. Admin. R. 837-012-0860

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

Stat. Auth.: ORS 480.150

Stats. Implemented: ORS 480.110 - 480.165