OAR 837-012-0520
Wholesale Permit Applications

(1)

Any in-state wholesaler engaged in, or intending to engage in, the sale, provision, or shipment of fireworks, retail fireworks, display fireworks, or pest control fireworks, within Oregon, or from Oregon for delivery into another state, must first apply for and obtain a wholesale permit issued by the Office of State Fire Marshal.

(2)

Any out-of-state wholesaler engaged in, or intending to engage in, the sale, provision, or shipment of fireworks, retail fireworks, display fireworks, or pest control fireworks, in or into Oregon must first apply for and obtain a wholesale permit issued by the Office of State Fire Marshal.

(3)

A separate wholesale permit must be applied for and obtained for each wholesale Ssite that may conduct wholesale operations within, from, or into Oregon.

(4)

The application for a wholesale permit must be made on a form provided by the Office of State Fire Marshal.

(5)

All information provided by the applicant on the permit application must be true and correct to the applicant’s knowledge.

(6)

In addition to completion of the wholesale permit application forms, applicants must submit:

(a)

A copy of a current photographic identification card of all applicants. The Office of State Fire Marshal may only accept photo identification issued by the Department of Motor Vehicles in the applicant’s state of residency. For purposes of this rule, if the applicant is a corporation, the applicant must submit copies of photographic identification of all the corporate officers. If the applicant is a partnership, the applicant must submit copies of the photographic identification of all partners.

(b)

A description of the types, pursuant to United States Department of Transportation classification, and the maximum quantities, by total gross weight, of fireworks, retail fireworks, display fireworks, or pest control fireworks to be stored at the wholesale site for which a wholesale permit has been applied;

(7)

As part of the permit application process, the applicant must obtain the approval of the local fire authority and the local building official prior to submitting their application to the Office of State Fire Marshal.

(8)

Exception to 837-012-0520 (Wholesale Permit Applications)(7): If the applicant’s wholesale site address was continuous during the year preceding the year for which the wholesale permit renewal is sought, the applicant is required only to re-submit to the Office of State Fire Marshal, as part of the wholesale permit renewal application, the approval of the local fire authority.

(9)

As part of the permit application, wholesale permit applicants who intend to sell or provide 1.3G fireworks must submit to the Office of State Fire Marshal a copy of their appropriate license issued by BATFE.

(10)

Additional wholesale requirements pertaining to fireworks, where applicable, must include:

(a)

Provide $1M premises liability insurance as part of wholesale permit application;

(b)

Compliance with federal DOT insurance requirements of $5,000,000 per shipment of 1.3G fireworks and $1,000,000 per shipment of 1.4G fireworks;

(c)

Hazardous Material Certificate of Registration required by 49 CFR Part 107, Subpart G; as part of wholesale permit application;

(d)

File Federal DOT MCS 90, MCS 150B;

(e)

Provide proof of wholesale permit to offer manufactured pyrotechnics into commerce as required by ORS 480.120 (Sale, possession and use of fireworks prohibited);

(f)

Compliance with BATFE 5400;

(g)

Annually file the Oregon Hazardous Substance Possession Survey;

(h)

Submit a Certificate of Occupancy for all buildings as part of wholesale permit application;

(i)

Compliance with NFPA 68 guide for explosive venting hazardous group H as part of wholesale permit application;

(j)

Compliance with NFPA 1124 manufacturing and storage requirements;

(k)

Any structures utilized as storage exceeding 30 days must be classified as permanent storage and meet NFPA 1124 requirements;

(l)

Compliance with Oregon Structural Specialty Code Section 307 as adopted by the Oregon Building Codes Division pursuant to OAR 918-460-0010 (Adopted Oregon Structural Specialty Code);

(m)

Compliance with Oregon OSHA requirements.

(11)

“BE” and “EX” numbers must be obtained before any manufactured pyrotechnic device is entered into commerce or transported.

(12)

Applicants must submit the completed permit application to the local fire authority for review and signature approving the wholesale site prior to submission of the permit application to the Office of State Fire Marshal.

(13)

Permit applications must be signed by all applicants.

(a)

If the applicant is a partnership, the application must be signed by every partner.

(b)

If the applicant is a corporation, the application must be signed by an officer of the corporation.

(c)

If the applicant is an out-of-state wholesaler, the application must be signed by the applicant and the manager.

(14)

Permit applications may not be submitted to the Office of State Fire Marshal prior to October 1 of the year preceeding the year for which the wholesale permit is sought.

(15)

Permit applications must be postmarked by a United States Postmark, or received at the Office of State Fire Marshal, no later than December 18 of the year preceding the year for which the wholesale permit is sought. If December 18 falls on a day when a postmark cannot be obtained, applications must be postmarked on the preceding business day when a postmark can be obtained. If December 18 falls on a day when the Office of State Fire Marshal is closed, and the applicant wishes to hand deliver their application, it must be delivered to the Office of State Fire Marshal at the Salem office on the preceding business day. However, due to limited resources in the fireworks program, it is recommended that wholesale fireworks permit applications be postmarked or submitted to the OSFM by December 1 of the year preceding the year for which the permit is sought.

(16)

Relocation of the wholesale site requires submission of a new permit application and wholesale permit fee.

(17)

Only one wholesale permit may be applied for or issued for each wholesale site.

Source: Rule 837-012-0520 — Wholesale Permit Applications, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=837-012-0520.

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 837-012-0520’s source at or​.us