OAR 837-012-0610
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 837-012-0600 (Purpose and Scope—Retail Sales and Storage of Pyrotechnics (Allowed Fireworks) in Oregon) through 837-012-0675 (Civil and Criminal Enforcement Actions), the following definitions apply:

(1)

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

(2)

“Building” has the same meaning provided in the Oregon Structural Specialty Code, as adopted by the Oregon Building Code Division pursuant to ORS 918-460-0010 (Adopted Oregon Structural Specialty Code). The term does not include a tent, canopy, stand or trailer.

(3)

“Canopy” means a temporary structure, enclosure or shelter; constructed of fabric or pliable materials; supported by any manner, except by air or the contents it protects, and is open without sidewalls or drops on 75 percent or more of the perimeter.

(4)

“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 or 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.

(5)

“Combination Iitem” means a consumer fireworks device that contains combinations of two or more effects.

(6)

“Cone fountain” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(1).

(7)

“Consumer fireworks” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(2).

(8)

“Cylindrical fountain” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(3).

(9)

“Display fireworks” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(4).

(10)

“Employee” means an individual hired by a retail permit holder to sell retail fireworks from a retail sales outlet, or to otherwise engage in retail operations.

(11)

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

(12)

“Exit” means an opening or passageway that:

(a)

Provides a means of leaving an enclosed space or area; and

(b)

Is required to be constructed in accordance with the Oregon Structural Specialty Code, as adopted by the Oregon Building Code Division pursuant to ORS 918-460-0010 (Adopted Oregon Structural Specialty Code). The term may include a check stand exit.

(13)

“Explosive mixture” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(6).

(14)

“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.

(15)

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

(16)

“Flitter sparkler” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(9).

(17)

“Ground spinner” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(10). The term does not include “crazy jacks,” “jumping jacks” and similar spinning devices that do not have a means to prevent uncontrolled and unpredictable behavior during discharge, and due to uncontrolled and unpredictable behavior, present a severe hazard of fire and injury. The sale of such devices is therefore prohibited.

(18)

“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.

(19)

“Illuminating torch” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(11).

(20)

“Individual” means a single human being.

(21)

“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 a pest control fireworks permit by the Office of State Fire Marshal.

(22)

“Individual responsible for sales” means the individual identified on the permit application who is responsible for the operation of the retail sales outlet listed on the permit application.

(23)

“Indoor sales” means sales of retail fireworks from inside a building or tent.

(24)

“Local fire authority” means the local fire official having jurisdiction over the retail site or the retail fireworks storage location.

(25)

“NFPA” means the National Fire Protection Association.

(26)

“Novelties and trick noisemakers” means those items described in the American Pyrotechnics Association Standard 87-1. It also means exempt fireworks.

(27)

“Outdoor sales” means sales of retail fireworks from a tent, canopy, stand or trailer.

(28)

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

(29)

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

(30)

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

(31)

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

(32)

“Retail operations” means the sale of retail fireworks from a retail sales outlet to individual members of the general public and related activities, including the purchase, possession, storage and transportation of retail fireworks.

(33)

“Retail permit” means the official written document issued by the Office of State Fire Marshal pursuant to ORS 480.127 (Permit for retail sale of consumer fireworks) that authorizes the purchase, transport, possession, storage and sale of retail fireworks, at retail, when otherwise in conformance 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 pertaining to fireworks.

(34)

“Retail sales outlet” means a permanently or temporarily erected structure or enclosure located at the retail site and from which retail fireworks are sold to individual members of the general public. The term includes stands, tents, canopies, buildings, and trailers.

(35)

“Retail site” means the physical location or address of the retail site outlet listed on the retail permit where retail fireworks are sold.

(36)

“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.

(37)

“Sales display” means the placement at a retail site outlet of retail fireworks to allow individual members of the general public to view, handle and purchase the retail fireworks.

(38)

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

(39)

“Stand” means a booth temporarily erected and used for the sale of retail fireworks to individual members of the general public.

(40)

“Tent” means a temporary structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents it protects and is in compliance with Oregon Fire Code requirements for tents.

(41)

“Volunteer” means a member of a non-profit organization that has applied for and obtained a retail permit.

(42)

“Wheel” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(18).

(43)

“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 and has obtained a fireworks wholesale permit issued by the Office of State Fire Marshal.
[Publications: Publications referenced are available from the agency.]
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 837-012-0610’s source at or​.us