OAR 837-012-0720
Definitions


For the purpose of these rules, the following definitions apply to OAR 837-012-0700 (Purpose and Scope—Display of Fireworks in Oregon) through 837-012-0970 (Reports for General Displays):

(1)

“Aerial fireworks” means fireworks that function in the air.

(2)

“Aerial shell” means a cylindrical or spherical cartridge containing pyrotechnic compositions, a lead fuse or electric match wires, and a black powder lift charge.

(3)

“Approved applicant” means any individual that meets the requirements of OAR chapter 837, division 12.

(4)

“Assistant” means an individual as set forth by OAR 837-012-0780 (Operator and Assistant Qualifications) who works under the direction of an operator to put on a fireworks display.

(5)

“Barge” means a floating vessel or a floating platform.

(6)

“Barrage” means a rapid-fire sequence of aerial fireworks. Mortars are loaded prior to the display and the aerial shells are chain fused to fire in rapid sequence.

(7)

“Black match” means fuse made from string impregnated with black powder and used for igniting fireworks devices.

(8)

“Break” means an individual burst from an aerial shell, generally either producing a visual effect (stars) or noise (salute). Aerial shells can be either single-break (having only one burst) or multi- break (having two or more bursts).

(9)

“Burst” means break.

(10)

“Burst charge” means the composition in an aerial shell that, when ignited by the time fuse, ruptures the shell casing, ignites the shell contents and disperses the shell contents into the sky.

(11)

“Cake device” means multi-shot device.

(12)

“Chain fusing” means a series of two or more aerial shells or pyrotechnic devices used to fire in sequence from a single ignition. Finales and barrages typically are chain fused.

(13)

“Comet” means a firework consisting of a large pellet of pyrotechnic composition that is ignited and propelled from a mortar tube by a black powder charge.

(14)

“Designated agent” means the individual designated by the permit holder to pick up the fireworks authorized by the permit from an Oregon licensed wholesaler when the permit holder is unable to pick up the fireworks. The designated agent must have the permit authorized by the State Fire Marshal in their possession at the time the fireworks are picked up from the wholesaler.

(15)

“Discharge site” means the area immediately surrounding the area where fireworks are ignited for an outdoor display.

(16)

“Display” means an outdoor general or limited fireworks display or an indoor or outdoor fireworks display using special effects fireworks.

(17)

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

(18)

“Display 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 a limited, general, or special effects display permit.

(19)

“Display site” means the immediate area where a fireworks display is conducted and includes the discharge site, the fallout area, and the required separation distance from fireworks discharge site to spectator viewing areas. The display site does not include spectator viewing areas or vehicle parking areas.

(20)

“Dud” means a firework that leaves the mortar and returns to earth without producing the intended break or effect.

(21)

“Electric match” means a device consisting of wires terminating at a relatively high resistance element surrounded with a small quantity of heat-sensitive fireworks composition. When a sufficient electric current is passed through the wire circuit, the heat that is generated ignites the fireworks composition, producing a small burst of flame.

(22)

“Electrical firing unit” means the source of electrical current used to ignite electric matches. Generally, the firing unit will have switches to control the firing order and have test circuits and warning indicator, etc.

(23)

“Electrical ignition” means a technique used to discharge fireworks in which an electric match and source of electric current are used to ignite fuses or lift charges.

(24)

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

(25)

“Fall-out area” means the area over which aerial shells are fired. The shells burst over this area, and unsafe debris and malfunctioning aerial shells fall into this area. The fall-out area is the location where a typical aerial shell dud will fall to the ground considering wind and the angle of mortar placement. At a minimum, the fall out area must be the required separation distance based on table of distances listed in OAR 837-012-0840 (Selection of Display Site and Set Up).

(26)

“Finale” means a rapid-fire sequence (barrage) of aerial fireworks, typically fired at the end of a display. The mortars are loaded prior to the display, and the aerial fireworks are chain fused to fire in rapid sequence.

(27)

“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.

(28)

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

(29)

“Fireworks detonation” means the entire contents of the aerial shell and the lift charge are consumed in one simultaneous explosion at or near the bottom of the mortar.

(30)

“Fireworks display” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(8).

(31)

“Flash powder” means explosive composition intended for use in firecrackers and salutes. flash powder produces an audible report and a flash of light when ignited. Typical flash powder composition contains potassium chlorate or potassium perchlorate, sulfur or antimony sulfide, and powdered aluminum.

(32)

“Flower pot” means an aerial shell that bursts before it leaves the mortar, projecting its contents out of the mortar similar to a mine. The force of the aerial shell bursting usually does not rupture the mortar.

(33)

“Fusee” means a highway distress flare, sometimes used to ignite fireworks at outdoor displays.

(34)

“General display operator” means an individual who has been issued a general display operator certificate who meets the requirements of OAR 837-012-0700 (Purpose and Scope—Display of Fireworks in Oregon) through 837-012-0970 (Reports for General Displays) and is qualified to be an operator on a general or limited display.

(35)

“General display permit” means a permit to hold an outdoor display using 1.3g fireworks. General displays may also include 1.4g fireworks or special effects fireworks.

(36)

“General fireworks display” means a display held outdoors, utilizing 1.3g fireworks and may include 1.4g fireworks and special effects fireworks and may only be conducted by a general display operator.

(37)

“General operator certificate” means a document issued by the Office of State Fire Marshal authorizing the holder of the certificate to be an operator at a general fireworks display.

(38)

“Ground display piece” means a firework that functions on the ground (as opposed to an aerial shell that functions in the air). Typical ground fireworks display pieces include fountains, wheels, and “set pieces”.

(39)

“Individual” means a single human being.

(40)

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

(41)

“Instructor” means the individual who delivers the training required under OAR 837-012-0780 (Operator and Assistant Qualifications).

(42)

“Lance” means a thin cardboard tube packed with a color producing pyrotechnic composition and used to construct ground display pieces.

(43)

“Law enforcement authority” means any law enforcement official having jurisdiction over the fireworks display site.

(44)

“Lead fuse” means a fireworks fuse made of quick match that transfers fire from an ignition source to the lift charge of an aerial shell or other fireworks.

(45)

“Lift charge” means composition in an aerial shell that propels the aerial fireworks into the air when ignited.

(46)

“Limited fireworks display” means a display held outdoors limited to 1.4G fireworks labeled UN0336. Fireworks authorized by the limited permit are subject to limitation by the local fire authority and the Office of State Fire Marshal.

(47)

“Limited display operator” means an individual who has been issued a limited display operator certificate who meets the requirements of OAR 837-012-0700 (Purpose and Scope—Display of Fireworks in Oregon) through 837-012-0970 (Reports for General Displays) and is qualified to be an operator on a limited display.

(48)

“Limited display permit” means a permit to hold a display using 1.4g fireworks labeled UN0336.

(49)

“Limited operator certificate” means a document issued by the Office of State Fire Marshal authorizing the holder of the certificate to be an operator at a limited fireworks display.

(50)

“Local fire authority” means the local fire official having jurisdiction over the display site or the site where fireworks may be stored prior to the date and time of the display.

(51)

“Local government” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(12).

(52)

“Low break” means an aerial shell that functions significantly lower than its prescribed height.

(53)

“Manual firing” means using a handheld ignition source such as a fusee or portfire to ignite fireworks.

(54)

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

(55)

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

(56)

“May not” means a prohibition of conduct.

(57)

“Mine” means a device designed to project stars or other effects, such as whistles and firecrackers into the air from a mortar charged by black powder that ignites the contents of the mine.

(58)

“Misfire” means a firework fails to function after an ignition source is applied to the ignition point.

(59)

“Monitor” means an individual designated by the sponsors of the display to keep the audience in the intended viewing area and out of the display site, discharge site and fallout area.

(60)

“Mortar” means a tube, closed at one end, from which aerial fireworks are fired into the air.

(61)

“Mortar rack” means a frame containing mortars and are most often used for barrages and finales and in electrically ignited general fireworks displays.

(62)

“Mortar trough” means an aboveground structure filled with sand or similar materials in which mortars are positioned for use in general fireworks displays.

(63)

“Multi-break shell” means a cylindrical aerial shell with more than one main compartment connected with internal fusing and performs with successive breaks. An aerial shell with more than one distinctive type of effect contained within one main compartment is not a multi-break shell.

(64)

“Multi-shot device” means a firework consisting of more than one tube each containing a firework item. It is ignited once with each of its tubes chain fused together to fire in succession until all tubes have been fired. Multi-shot devices are also referred to as cake devices.

(65)

“Must” means a mandatory requirement.

(66)

“Muzzle break” means an aerial shell that bursts immediately as it leaves the mortar.

(67)

“Operator” means the individual qualified as set forth in OAR 837-012-0780 (Operator and Assistant Qualifications) to conduct the display.

(68)

“Operator certificate 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 a limited operator certificate or a general operator certificate.

(69)

“Peanut shell” means two or more aerial shells in a common wrapper propelled by the same lift charge with separate external time fuses.

(70)

“Permit” means the official written document issued by the Office of State Fire Marshal authorizing a display allowing the permit holder to purchase fireworks for the display as detailed on the permit when otherwise in conformance with OAR chapter 837 division 12.

(71)

“Permit holder” means the person as listed on the display permit as the person to whom the permit is issued.

(72)

“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 or persons and includes the state, state agencies, counties, municipal corporations, school districts and other public corporations.

(73)

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

(74)

“Portfire” means a tube containing slow burning pyrotechnic composition sometimes used to ignite fireworks at a limited or general fireworks display.

(75)

“Pyrotechnic articles,” also referred to as “articles, pyrotechnic” has the meaning provided in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(14).

(76)

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

(77)

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

(78)

“Quick match” means a black match encased in a loose fitting sheath and is used in fuses for aerial fireworks and for rapid sequential ignition of fireworks such as lances in a ground display piece or barrage.

(79)

“Ready box” means a container used for the storage of fireworks during a fireworks display.

(80)

“Retail fireworks” means those items described in ORS 480.111 (Definitions for ORS 480.111 to 480.165)(2) as consumer fireworks, specifically combination items, cone fountains, cylindrical fountains, flitter sparklers, ground spinners, illuminating torches, and wheels. 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.

(81)

“Roman candle” means a cardboard tube containing pyrotechnic devices which, when lit, are expelled into the air at timed intervals.

(82)

“Safety cap” means a paper tube, closed at one end, which is placed over the end of a fireworks fuse to protect the fuse from damage or accidental ignition.

(83)

“Salute” means a special firework that is designed to produce a loud report.

(84)

“Set piece” means a ground display piece usually consisting of lances and quick match arranged on a frame.

(85)

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

(86)

“Special effects display” means a display held either indoors or outdoors limited to special effects fireworks authorized by the special effects permit.

(87)

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

(88)

“Special effects permit” means a permit issued by the State Fire Marshal to hold a display using special effects fireworks.

(89)

“Sponsor” means the person that has applied for and been issued a display permit.

(90)

“Sticky match” means the trademarked name for a type of match that uses a continuous black powder trail inside a wrapper that is prepared with exposed adhesive along its length. The adhesive is used to attach sticky match to fireworks devices.

(91)

“Supervision” means displays must be under the supervision of the law enforcement authority, local fire authority, or the Office of State Fire Marshal.

(92)

“Training course” means the course required under OAR 837-012-0780 (Operator and Assistant Qualifications).

(93)

“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.
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 837-012-0720’s source at or​.us