Or. Admin. R. 837-012-1210

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

Section 837-012-1210 - Definitions

For purposes of OAR 837-012-1200 through 837-012-1420 the following definitions apply:

(1) "Authorized Agent" as referenced in ORS 480.210 means an employee or representative of a manufacturer of explosives or dealer in explosives licensed by BATFE who possesses explosives for purposes of manufacturing or dealing. The term does not include an employee or representative who uses or possesses explosives for other purposes.

(2) "BATFE" means the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(3) "Certificate of Possession" has the meaning provided in ORS 480.200(1).

(4) "Certificate of Registration" has the meaning provided in ORS 480.200(2).

(5) "Day Box" means:

(a) A structure or container used for the temporary transport or temporary keeping of explosives for present use.

(b) Is always attended and in line of sight vision of a holder of a certificate of possession.

(c) Complies with the construction requirements of NFPA 495, Explosive Materials Code, 2001 Edition, 8-6.3 (A) and (B).

(6) "Dealer" as referenced in ORS 480.210 means any person engaged in the business of distributing explosives at wholesale or retail.

(7) "Detonator" means any device containing an initiating or primary explosive that is used for initiating detonation, and not containing more than 10g of total explosive material per unit, excluding ignition or delay charges. The term includes, but is not limited to, electric detonators of the instantaneous and delay types, detonators for use with safety fuses, detonating cord delay connectors, and non-electric detonators of the instantaneous and delay types that consist of a detonating cord, a shock tube, or any other replacement for electric leg wires according to NFPA 495, Explosive Materials Code, 2001 Edition.

(8) "Expire" as referenced in ORS 480.239 and 480.244 means a renewal certificate of possession or renewal of certificate of registration has not been issued by the Department of the State Fire Marshal on or before the expiration date of the current certificate.

(9) "Explosive" or "Explosives" has the meaning provided in ORS 480.200(3).

(10) "Facility" means a single building, structure, or container used or intended to be used for the storage of explosives. A day box is not a facility.

(11) "Fertilizer" means any substance, or any combination or mixture of substances, designed for use principally as a source of plant food, in inducing increased crop yields or plant growth, or producing any physical or chemical change in the soil and contains five percent or more of available nitrogen, phosphorus pentoxide (phosphoric acid) or potassium oxide (potash), singly, collectively or in combination, except hays, straws, peat and leaf mold, and unfortified animal manures according to ORS 633.310(5).

(12) "Formal Hearing" means a proceeding before a hearings officer conducted pursuant to the Administrative Procedures Act (APA), ORS chapter 183.

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

(14) "Informal Conference" means a meeting between the party and the Department of the State Fire Marshal, prior to a formal hearing, that may include a discussion about whether a basis exists for informal disposition of a contested case by stipulation, agreed settlement, consent order or other means.

(15) "Lapse" as referenced in ORS 480.239 and 480.244, has the meaning provided in subsection (8) of this rule.

(16) "Magazine" has the meaning provided in ORS 480.200(5). (Refer to OAR 837-012-1210(10) for a definition of facility).

(17) "Manufacturer" as referenced in ORS 480.210 means any person engaged in the business of manufacturing explosives for purposes of sale or distribution or for the person's own use.

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

(19) "May Not" means a prohibition of conduct.

(20) "Must" means a mandatory requirement.

(21) "NFPA" means the National Fire Protection Association.

(22) "Owner" means a person with a vested ownership interest in the magazine. The term does not mean a renter, lessor, or sub-lessor of the magazine.

(23) "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.

(24) "Possession" means to own, to have physical possession of, or otherwise to exercise dominion or control over explosives.

(25) "Re-location" for purposes of ORS 480.244 and OAR 837-012-1360 means moving a magazine any distance.

(26) "Request for Hearing" means a written request for a formal hearing.

(27) "Small arms ammunition" has the meaning provided in ORS 480.200(6).

(28) "Small arms ammunition primers" has the meaning provided in ORS 480.200(7).

(29) "Store" means to deposit and place explosives in a magazine for safekeeping and future use.

Or. Admin. R. 837-012-1210

OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06; OSFM 74-2023, minor correction filed 07/03/2023, effective 7/3/2023

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 476 & 480

Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)