Or. Admin. R. 837-012-0325

Current through Register Vol. 63, No. 8, August 1, 2024

Section 837-012-0325 - Permits-Denial, Suspension, Revocation

(1) The State Fire Marshal may deny, suspend or revoke a pest control fireworks permit for violation of ORS 480.111 through 480.165 and OAR chapter 837, division 12, or upon a determination the proposed or permitted use does not conform with federal or state law or local regulations. Any such revocation, suspension or denial will be in conformance with ORS 183.310 to 183.550.

(2) The period of denial, suspension or revocation may not exceed three years.

(3) The following criteria are used by the Department of the State Fire Marshal to determine the appropriate sanction:

(a) The severity of the violation or violations and the impact on public safety, particularly if the circumstances of a violation presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations; alleged to have been committed in the current transaction or occurrence;

(c) Whether the violation or violations were willful or intentional;

(d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the pest control fireworks permit holder or applicant; and

(e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation or violations.

(4) Suspension or revocation of a pest control fireworks permit may include suspension or revocation of the current permit and the right to apply for a subsequent permit.

Or. Admin. R. 837-012-0325

FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0025; OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02; OSFM 3-2002, f. & cert. ef. 2-25-02; OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 7-2023, minor correction filed 06/29/2023, effective 6/29/2023

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124

Statutes/Other Implemented: ORS 480.110 - 480.165