OAR 837-012-0315
Definitions

(1)

“Agent” means an individual designated by the permit holder to pick up the pest control fireworks authorized by the pest control fireworks permit from an Oregon licensed wholesaler when the permit holder is unable to pick up the pest control fireworks.

(2)

“Airport” means any area of land or water that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.

(3)

“Commercially valuable” means a product that, based on public demand, would generate profit if sold.

(4)

“Estuary” means:

(a)

For waters other than the Columbia River, the body of water from the ocean to the head of tidewater that is partially enclosed by land and within which salt water is usually diluted by fresh water from the land, including all associated estuarine waters, tidelands, tidal marshes and submerged lands; and

(b)

For the Columbia River, all waters from the mouth of the river up to the western edge of Puget Island, including all associated estuarine waters, tidelands, tidal marshes, and submerged lands.

(5)

“Farm” means:

(a)

Any tract of land whether consisting of one or more parcels devoted to agricultural purposes generally under the management of a tenant or the owner, or

(b)

A plot of land devoted to the raising of domestic or other animals, or

(c)

A tract of water reserved for the artificial cultivation of some aquatic life-form.

(6)

“Fire Protection District” means any district created under the laws of Oregon or the United States, including rural fire protection districts and any federal, state or private forest patrol areas.

(7)

“Fireworks” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(7).

(8)

"Forest” or “forestland” means any woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed.

(9)

“Golf course” means an area of land laid out for the game of golf with a series of holes each including tee, fairway, and green and often one or more natural or artificial hazards. “Golf course” does not mean a privately-owned golf practice facility constructed for personal use.

(10)

“Illegal fireworks” has the meaning provided in OAR 837-012-0610 (Definitions).

(11)

“Individual” means a real, actual person

(12)

“Individual member of the general public” means any person who has not been issued a wholesale permit, a general, limited or special effects display permit, a retail permit or an pest control fireworks permit by the Office of State Fire Marshal.

(13)

“Local fire authority” means the local fire authority having jurisdiction over the pest control fireworks use and storage sites.

(14)

“May” means a regulation of conduct and implies probability or permission.

(15)

“May not” means a prohibition of conduct.

(16)

“Must” means a mandatory requirement.

(17)

“Permit application” means the form and accompanying documentation required to be completed and submitted to the Office of State Fire Marshal for approval prior to the issuance of an pest control fireworks permit.

(18)

“Permit holder” means the person referred to in HB 2432 (2015 OL Ch. 57) who:

(a)

Desires to purchase, maintain, use, and explode pest control fireworks for the purpose of scaring away or repelling birds or animals from a property as described in OAR 837-012-0305 (Purpose and Scope—Pest Control Fireworks in Oregon).

(b)

Has applied to the State Fire Marshal for a pest control fireworks permit;

(c)

The State Fire Marshal has issued a pest control fireworks referred to in HB 2432 (2015 OL Ch. 57);

(d)

Is responsible for any activities conducted under the pest control fireworks permit.

(19)

“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.

(20)

“Pest control fireworks” means:

(a)

Fireworks with a cardboard/pasteboard-type tube up to 4” in length and 3⁄4 inch in diameter or a shotgun shell type container,

(b)

Fireworks containing only pyrotechnic compositions, e g., black powder, flash powder, or smokeless powder, with an audible report containing up to 40 grains, or 2.592 grams, of explosive composition,

(c)

Fireworks tested, classified and approved by the United States Department of Transportation,

(d)

Fireworks designed and intended solely for use in:

(A)

Controlling predatory animals allowed by ORS 480.124 (Use for control of predatory animals allowed) or,

(B)

Controlling birds or animals as allowed by HB 2432 (2015 OL Ch. 57).

(e)

Fireworks referred to as explosive pest control devices,

(f)

Fireworks not including retail fireworks, display fireworks, or exempt fireworks.

(21)

“Pest control fireworks permit” means the official written document issued by the Office of State Fire Marshal pursuant to HB 2432 (2015 OL Ch. 57) and ORS 480.124 (Use for control of predatory animals allowed) and OAR 837-012-0305 (Purpose and Scope—Pest Control Fireworks in Oregon) through 837-012-0370 (Prohibited Acts and Limitations) granting permission to a person to purchase and use pest control fireworks.

(22)

“Recycling facility” is a specialized plant that handles recyclable materials by doing one or more of the following: receiving, separating or preparing recyclable material for sale to end users.

(23)

“Responsible charge” has the meaning given in HB 2432 (2015 OL Ch. 57).

(24)

“Sell” means to transfer possession of property from one person to another person for consideration.

(25)

“Waste facility” means land and facilities used for the disposal, handling or transfer of, or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site.

(26)

“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.
[Publications: Publications referenced are available from the agency.]

Source: Rule 837-012-0315 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=837-012-0315.

837‑012‑0305
Purpose and Scope—Pest Control Fireworks in Oregon 837‑012‑0310
Pest Control Fireworks Permit Applications 837‑012‑0315
Definitions 837‑012‑0320
Storage of Pest Control Fireworks 837‑012‑0325
Permits-Denial, Suspension, Revocation 837‑012‑0330
General 837‑012‑0340
Permit Fees 837‑012‑0350
Issuance of Pest Control Fireworks Permits 837‑012‑0360
Purchase of Pest Control Fireworks 837‑012‑0370
Prohibited Acts and Limitations 837‑012‑0500
Purpose and Scope—Wholesale Sales and Storage of Fireworks in Oregon 837‑012‑0505
Effective Dates 837‑012‑0510
Definitions 837‑012‑0515
General 837‑012‑0520
Wholesale Permit Applications 837‑012‑0525
Wholesale Permits 837‑012‑0530
Permit Fees 837‑012‑0535
Denial, Suspension and/or Revocation of Wholesale Permit 837‑012‑0540
Wholesale Sites Located in Oregon 837‑012‑0545
Sales and Records — General 837‑012‑0550
Sales to Out-of-State Residents by In-State Wholesalers 837‑012‑0555
Prohibited Acts and Limitations 837‑012‑0560
Civil and Criminal Enforcement Actions 837‑012‑0565
Transportation 837‑012‑0570
Hazardous Materials Reporting for Wholesalers with Oregon Storage Sites 837‑012‑0600
Purpose and Scope—Retail Sales and Storage of Pyrotechnics (Allowed Fireworks) in Oregon 837‑012‑0605
Effective Dates 837‑012‑0610
Definitions 837‑012‑0615
General 837‑012‑0620
Retail Permit Applications 837‑012‑0625
Retail Permit Fees 837‑012‑0630
Issuance of Retail Permits 837‑012‑0635
Purchase of Retail Fireworks by Retail Permit Holder 837‑012‑0640
Permits — Denial, Suspension and/or Revocation 837‑012‑0645
Sales and Storage of Retail Fireworks 837‑012‑0650
Outdoor Sales 837‑012‑0655
Indoor Sales 837‑012‑0660
Records and Postings 837‑012‑0665
Advertisements 837‑012‑0670
Prohibited Acts and Limitations 837‑012‑0675
Civil and Criminal Enforcement Actions 837‑012‑0700
Purpose and Scope—Display of Fireworks in Oregon 837‑012‑0710
Effective Dates 837‑012‑0720
Definitions 837‑012‑0730
General 837‑012‑0740
Display Permit Applications 837‑012‑0750
Display Permit Application Fees 837‑012‑0760
Issuance of Display Permits 837‑012‑0770
Operator Certificate Applications 837‑012‑0780
Operator and Assistant Qualifications 837‑012‑0790
Issuance of Operator Certificate 837‑012‑0800
Renewal of Operator Certificate 837‑012‑0810
Training Course Instructor 837‑012‑0820
Pyrotechnician Training Course Requirements 837‑012‑0830
Denial, Suspension or Revocation of Display Permit or General or Limited Operator Certificate 837‑012‑0835
Purchase, Transportation and Storage of Display Fireworks 837‑012‑0840
Selection of Display Site and Set Up 837‑012‑0850
Construction of Fireworks Aerial Shells 837‑012‑0855
Barge Requirements 837‑012‑0860
Operation of Fireworks Display 837‑012‑0865
Operations for Barge Displays 837‑012‑0870
Loading and Firing of Shells 837‑012‑0875
Mortar Racks for Barge Displays 837‑012‑0880
Ground Display Fireworks 837‑012‑0890
Site Clean-Up 837‑012‑0900
Transportation and Storage 837‑012‑0910
Prohibited Acts and Limitations 837‑012‑0920
Records Keeping 837‑012‑0940
Civil and Criminal Enforcement Actions 837‑012‑0950
Insurance Requirements 837‑012‑0960
Fire Protection 837‑012‑0970
Reports for General Displays 837‑012‑1000
Authority and Application—Fireworks Citations and Civil Penalty Assessments 837‑012‑1010
Purpose and Scope 837‑012‑1020
Effective Dates 837‑012‑1030
Definitions 837‑012‑1040
General 837‑012‑1050
Violation Types, Instances, and Penalty Assessments 837‑012‑1060
Issuance of Civil Penalty Citation and Forwarding to the Office of State Fire Marshal 837‑012‑1070
Hearings 837‑012‑1080
Informal Conference 837‑012‑1090
Formal Hearing 837‑012‑1100
Penalty Adjustments 837‑012‑1110
Judicial Review 837‑012‑1120
Payment of Civil Penalty 837‑012‑1130
Type I Violations 837‑012‑1140
Type II Violations 837‑012‑1150
Type III Violations 837‑012‑1160
Type IV Violations 837‑012‑1200
Purpose and Scope—Explosives 837‑012‑1210
Definitions 837‑012‑1220
General 837‑012‑1230
Fees 837‑012‑1240
Applications 837‑012‑1250
Eligibility for a Certificate of Possession 837‑012‑1260
Certificate of Possession — Examination 837‑012‑1270
Certificate of Possession — Issuance 837‑012‑1280
Certificate of Possession - Renewal 837‑012‑1290
Explosives Storage 837‑012‑1300
Magazine Registration and Inspection 837‑012‑1310
State Fire Marshal Inspection of Magazines 837‑012‑1320
Certificate of Registration of Magazine — With Bureau of Alcohol, Tobacco, Firearms and Explosives Inspection 837‑012‑1330
Certificate of Registration of Magazine — Renewal 837‑012‑1340
Fire and Life Safety Standards 837‑012‑1350
Removal/Confiscation of Explosives 837‑012‑1360
Magazine Re-location — Reporting 837‑012‑1370
Record Keeping Requirements for Explosives 837‑012‑1380
Hazardous Materials Reporting 837‑012‑1390
Denial, Suspension or Revocation 837‑012‑1400
Contested Cases 837‑012‑1410
Informal Conference 837‑012‑1420
Formal Hearing
Last Updated

Jun. 8, 2021

Rule 837-012-0315’s source at or​.us