OAR 837-012-0555
Prohibited Acts and Limitations


(1)

Wholesale permit holders may not create, maintain, or allow the existence of a fire hazard at any location under their control where fireworks, retail fireworks, display fireworks, or pest control fireworks are stored, transported, sold, or used.

(2)

No wholesale permit holder may sell or provide by any other means, including donation:

(a)

Fireworks or display fireworks to any individual under 21 years of age;

(b)

Retail fireworks or pest control fireworks to any individual under 18 years of age if the sale or provision of retail fireworks or pest control fireworks is to an individual in Oregon;

(c)

Fireworks, retail fireworks, display fireworks, or pest control fireworks to any person who does not possess a valid permit for such fireworks, retail fireworks, display fireworks, or pest control fireworks issued by the Office of State Fire Marshal, or if required, a valid license or permit issued by the equivalent agency in the person’s state of residence or the state of destination for the fireworks, retail fireworks, display fireworks, or pest control fireworks;

(d)

Fireworks, retail fireworks, display fireworks, or pest control fireworks which have been altered in any manner.

(3)

No person who has been convicted of a violation of ORS 480.111 (Definitions for ORS 480.111 to 480.165) through 480.165 (Civil penalty for fireworks law violations) or OAR chapter 837, division 12, or who has had any Ffireworks permit or operator certificate suspended, denied or revoked, may participate in any manner in wholesale operations, for a period not to exceed three years.

(4)

A wholesale permit holder may not knowingly employ, or have direct business ties with, any person whose wholesale or retail fireworks permit or operator certificate is revoked or suspended.

(5)

No individual under 18 years of age may participate in any manner in wholesale operations involving fireworks, retail fireworks, or pest control fireworks.

(6)

No individual under 21 years of age may participate in any manner in wholesale operations involving display fireworks.

(7)

A wholesale permit holder may not fill out, complete or submit a general, limited, or special effects display permit, retail permit, or pest control fireworks permit previously filled out or completed by a different wholesaler unless the wholesale permit holder has applied for and received approval from the Office of State Fire Marshal to do so.

(8)

Wholesale permit holders may not sell, provide, ship, transport, keep, offer for sale, expose for sale, possess, use, explode or have exploded any fireworks, retail fireworks, display fireworks, or pest control fireworks that have not been approved, certified or listed for transport by the United States Department of Transportation and the United States Consumer Product Safety Commission, or if the fireworks, retail fireworks, display fireworks, or pest control fireworks do not have a United States Bureau of Explosives Temporary Transfer Permit.

(9)

A wholesale permit or permit number that has expired or has not been issued does not authorize the purchase, use, discharge, transportation, storage, possession, sale or provision by any other means, including donation, of fireworks, retail fireworks, display fireworks, or pest control fireworks.

(10)

Every person who knows of, engages in, allows, or is otherwise a party to, wholesale operations not in conformance with ORS 480.111 (Definitions for ORS 480.111 to 480.165) through 480.165 (Civil penalty for fireworks law violations) and OAR chapter 837, division 12, may be subject to denial, revocation, or suspension of the person’s fireworks permit or operator certificate issued by the Office of State Fire Marshal, and a civil penalty.

(11)

No person may purchase or otherwise obtain, possess, use, discharge, transport, offer for sale, sell, transfer or otherwise provide fireworks, retail fireworks, display fireworks, or pest control fireworks without first applying for and obtaining the appropriate permit issued by the Office of State Fire Marshal pursuant to ORS 480.111 (Definitions for ORS 480.111 to 480.165) through 480.165 (Civil penalty for fireworks law violations) and OAR chapter 837, division 12.

Source: Rule 837-012-0555 — Prohibited Acts and Limitations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=837-012-0555.

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 837-012-0555’s source at or​.us