OAR 837-012-0510
Definitions

For purposes of ORS 480.111 (Definitions for ORS 480.111 to 480.165) through 480.165 (Civil penalty for fireworks law violations) and OAR 837-012-0500 (Purpose and Scope—Wholesale Sales and Storage of Fireworks in Oregon) through 837-012-0570 (Hazardous Materials Reporting for Wholesalers with Oregon Storage Sites), the following definitions apply:

(1)

“BATFE” means the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(2)

“Carton, container, or case” means any box, parcel, bundle, or other package used to hold or contain fireworks, retail fireworks, display fireworks, or pest control fireworks for purposes of transportation and storage. The term does not include:

(a)

The wrapping or packaging used to hold or contain a single or small number of fireworks, retail fireworks, display fireworks, or pest control fireworks; or

(b)

A vehicle or other mobile container used to transport fireworks, retail fireworks, display fireworks, or pest control fireworks.

(3)

“Display fireworks” means fireworks defined in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(4) that are authorized under a general, limited, or special effects display permit issued pursuant to 480.130 (Permit for fireworks display), 480.140 (Fireworks displays to be under supervision of police and fire department chiefs or county court) and 480.150 (Permits for fireworks sales or displays).

(4)

“Domicile” means a person’s legal home; the particular place that a person intends to make the person’s fixed and permanent home and abode.

(5)

“Exempt fireworks” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(5).

(6)

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

(7)

“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.

(8)

“Individual” means a single human being.

(9)

“Individual member of the general public” means:

(a)

For persons in Oregon, any person who has not been issued a wholesale permit, a general, limited or special effects display permit, a retail permit, or a pest control fireworks permit by the Office of State Fire Marshal.

(b)

For persons outside of Oregon, any person who has not been issued a license or permit when such a license or permit is required, authorizing the person to sell, purchase, obtain, transport, possess, use or discharge fireworks, retail fireworks, display fireworks, or pest control fireworks.

(10)

“In-state wholesaler” means a wholesaler who owns, possesses, or occupies a wholesale site located in Oregon.

(11)

“Local fire authority” means the local fire official having jurisdiction over the wholesale site and wholesale operations.

(12)

“Manager” means the individual identified on the permit application who is responsible for and directs the operations at the wholesale site.

(13)

“Manufacture” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(13).

(14)

“NFPA” means the National Fire Protection Association.

(15)

“Novelties and trick noisemakers” means those items described in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(5) and the American Pyrotechnics Association Standard 87-1. It also means exempt fireworks.

(16)

“Out-of-state wholesaler” means a wholesaler who owns, occupies, or possesses a wholesale site located outside of Oregon.

(17)

“Permit application” means the application forms and accompanying documentation required to be completed and submitted to the Office of State Fire Marshal for approval prior to the issuance of a wholesale permit.

(18)

“Pest control Fireworks” has the meaning given in OAR 837-012-0315 (Definitions).

(19)

“Pyrotechnic articles” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(14).

(20)

“Pyrotechnic composition” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(15).

(21)

“Pyrotechnic device” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(16).

(22)

“Residence” means the particular dwelling place where a person lives and has a present intent to remain for a period of time.

(23)

“Resident” means any person who occupies a dwelling in a state and has a present intent to remain in the state for a period of time.

(24)

“Retail fireworks” means consumer fireworks as defined in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(2). The term includes a firework designed with the means to roll or move while remaining on the ground, that travels 12’ or less horizontally on smooth surfaces.

(25)

“Retailer” means any person who, sells, transfers, or provides by any other means, or intends to sell, transfer or provide by any other means, retail fireworks to individual members of the general public.

(26)

“Sales representative” means an individual who is an employee of the wholesale permit holder and is authorized to conduct sales for the wholesale permit holder.

(27)

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

(28)

“Special effects” has the meaning defined in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(17).

(29)

“Wholesale operations” means the sale of fireworks, retail fireworks, display fireworks, or pest control fireworks and related activities, including the purchase, possession, storage and transportation of such fireworks.

(30)

“Wholesale permit” means the official written document issued by the Office of 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 (Definitions for ORS 480.111 to 480.165) through 480.165 (Civil penalty for fireworks law violations), OAR chapter 837, division 12, and any other applicable federal, state and local laws, rules and regulations.

(31)

“Wholesale site” means the location where a wholesaler’s sales and storage facilities are operated and maintained.

(32)

“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 837-012-0510 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=837-012-0510.

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 837-012-0510’s source at or​.us