OAR 837-012-1220
General


(1)

A certificate of possession allows the holder of the certificate to engage in those activities including the purchase, possession, storage and transportation of explosives when those activities are otherwise in conformance with the requirements of these rules and any other applicable federal, state and local laws, rules and regulations.

(2)

Holders of a certificate of possession must comply with the following:

(a)

ORS 480.200 (Definitions for ORS 480.200 to 480.290) through 480.290 (Requirements for person driving vehicle transporting explosives).

(b)

OAR 837-012-1200 (Purpose and Scope—Explosives) through 837-012-1420 (Formal Hearing).

(c)

All applicable regulations in the Oregon Fire Code, 2004 Edition, and Oregon Structural Specialty Code, 2004 Edition.

(d)

NFPA 495, Explosive Materials Code, 2001 Edition, as adopted in OAR 837-012-1340 (Fire and Life Safety Standards).

(e)

All applicable federal, state and local laws, rules, and regulations governing explosives.

(3)

Holders of a certificate of possession may purchase explosives only from those persons who have a BATFE license to sell explosives.

(4)

Pursuant to ORS 480.210 (Certificate, license or permit required)(1)(b), a BATFE dealer or manufacturer license authorizes the holder of such a license to possess explosives only when the possession is for purposes of a use or activity expressly authorized by the license, namely the business of manufacturing or dealing in explosives.

(5)

Proof pursuant to ORS 480.210 (Certificate, license or permit required)(3)(b) must be:

(a)

A certified copy of a manufacturer or dealer license issued by the BATFE;

(b)

A written certification signed by a person that holds the license referred to in subsection (a) that certifies under penalty of perjury that the person charged under ORS 480.210 (Certificate, license or permit required)(1) is an employee or representative of the licensed person and is engaged in the business of manufacturing or dealing in explosives.

(6)

Holders of a certificate of possession or a certificate of registration must notify the Office of State Fire Marshal in writing of a change in their address within two weeks of the date of the change.

(7)

Holders of a certificate of registration must notify the Office of State Fire Marshal in writing of a change in ownership of a magazine within two weeks of the date of the change.

(8)

Holders of an unexpired certificate of possession or certificate of registration may request a duplicate copy of their certificate by certifying in writing to the Office of State Fire Marshal that their certificate has been lost, stolen or destroyed. Written requests must be signed and dated by the holder of the certificate.
[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 837-012-1220’s source at or​.us