Or. Admin. R. 837-012-1040

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

Section 837-012-1040 - General

(1) These rules establish civil penalty criteria for types I, II, III and IV violations and the instances for each type of violation.

(2) These rules apply to persons who violate the requirements of ORS 480.111 through 480.165 or OAR chapter 837, division 12.

(3) Fire authorities may apply these rules per ORS 476.060.

(4) A citation describing the violation and assessed penalty may be issued to persons in non-compliance with ORS 480.111 through 480.165 or OAR chapter 837, division 12.

(5) Each separate instance of non-compliance with ORS 480.111 through 480.165 or OAR chapter 837, division 12 is considered a separate violation.

(6) Each day that a violation continues is considered a separate violation.

(7) The distribution, sale, use, manufacture, or possession of any amount of illegal fireworks is prohibited and subject to citation and penalty.

(8) In addition to the issuance of citations and penalties under these rules, the State Fire Marshal and fire authority acting in accordance with ORS 476.060 and 480.154(2) and OAR 837-12-560(1)(a) and 837-12-675(1)(a):

(a) May confiscate any amount of illegal fireworks; and

(b) May confiscate other fireworks possessed by person violating ORS 480.111 through 480.165 and OAR chapter 837, division 12.

(9) In addition to the issuance of citations, penalties, and the confiscation of fireworks, the State Fire Marshal may also revoke, suspend, or deny any fireworks permit provided for under ORS 480.111 through 480.165 to any person who fails to pay a penalty assessed under these rules.

(10) The penalty for each violation ranges from $0 to $500 a day depending upon the type and instance of the violation.

(11) Any person who willfully or negligently sets a fire or causes a fire to be set for which efforts to control or extinguish the fire in order to protect forestland within a forest protection district from fire are exerted by the forester or any forest protective association or agency under contract or agreement with the State Board of Forestry is liable for the actual costs incurred by the forester, association or agency in such efforts in accordance with ORS 477.085.

Or. Admin. R. 837-012-1040

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

Stat. Auth.: ORS 183.090 & 480.110 - 480.165

Stats. Implemented: ORS 480.110 - 480.165