Or. Admin. Code § 837-012-1030

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

Section 837-012-1030 - Definitions

(1) "Citation" means a document issued by the Department of the State Fire Marshal or a fire authority pursuant to ORS 480.165 to issue a civil penalty for a violation of ORS 480.111 through 480.165 and OAR chapter 837, division 12. A citation may include, but is not limited to, a description of each violation and a notice of civil penalty assessment.

(2) "Display fireworks" has the meaning provided in ORS 480.111(4).

(3) "Exempt fireworks" has the meaning provided in ORS 480.111(5).

(4) "Fireworks has the meaning provided in ORS 480.110(7).

(5) "Formal hearing" means a hearing before a hearings officer where the laws, rules, and evidence are presented, considered, and a proposed opinion and order issued.

(6) "Hazard" means a condition which could result in fire loss injury or damage to a person or property.

(7) "Hearings request" means the written request for a formal hearing to contest a civil penalty.

(8) "Illegal fireworks" means any fireworks other than consumer fireworks including but not limited to, any firework that flies into the air, or explodes or behaves in an uncontrolled and unpredictable manner.

(9) "Individual" means a single human being.

(10) "Informal hearing" means a conference to discuss if there is a basis for informal disposition of a civil penalty by stipulation, agreed settlement, or other means.

(11) "Instance" means the number of times a person has been cited. These are identified as 1st, 2nd, and 3rd instances.

(12) "Local fire authority" means the local fire official having jurisdiction.

(13) "May" means a regulation of conduct and implies probability or permission.

(14) "Must" means a mandatory requirement.

(15) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.

(16) "Retail permit " means the official written document issued by the Department of the State Fire Marshal pursuant to ORS 480.127 that authorizes the purchase, transport, possession, storing and sale of retail fireworks, at retail, when otherwise in conformance with all applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12, and any other federal, state and local laws, rules and regulations.

(17) "State Fire Marshal" means the State Fire Marshal or his/her administrative designee.

(18) "Type" means the classification of violation, i.e., least, minimal, moderate, or severe. These are identified as type I, II, III or IV.

(19) "Violation" types mean:

(a) "Least violation" means a type I violation which poses very little hazard or threat;

(b) "Minimal violation" means a type II violation which poses a minor hazard or threat;

(c) "Moderate violation" means a type III violation which poses a significant hazard or threat;

(d) "Severe violation" means a type IV violation which poses a substantial hazard or threat.

(20) "Wholesale permit " means the official written document issued by the Department of the State Fire Marshal that authorizes the purchase, transport, possession, packaging, storing and sale of fireworks, retail fireworks, display fireworks, or pest control fireworks when otherwise in compliance with all applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12, and any other federal, state and local laws, rules and regulations.

(21) "Wholesaler" means any person who sells or provides by any other means, or intends to sell or provide by any other means, fireworks, retail fireworks, display fireworks, or pest control fireworks.

Or. Admin. Code § 837-012-1030

FM 3-1993, f. & cert. ef. 6-10-93; OSFM 1-2001, f. & cert. ef. 1-23-01; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 83-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165

Statutes/Other Implemented: ORS 480.110 - 480.165