Or. Admin. R. 837-012-0545

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

Section 837-012-0545 - Sales and Records - General

(1) All individuals involved in wholesale operations must be at least 18 years of age. See OAR 837-012-0555(5) and (6).

(2) The manager and sales representatives of the wholesale operations, while not required to be present at all times the site is open for business must be located at the wholesale site.

(3) A copy of the wholesale permit must be posted in an area readily visible to all individuals entering the sales facility.

(4) The fireworks, retail fireworks, display fireworks, or pest control fireworks may be displayed in the sales facility in accordance with the following requirements:

(a) 1.3G fireworks may not be displayed;

(b) 1.4G fireworks may be displayed. Only one of each type of firework may be displayed unless multiples of one type of firework are contained in a single package. In that case, only the smallest available package may be displayed and in accordance with local fire authority and Department of the State Fire Marshal requirements.

(5) All sales or provision of the fireworks, retail fireworks, display fireworks, or pest control fireworks, including donation, by wholesale permit holders must be recorded on a form provided by the Department of the State Fire Marshal or, for sales of 1.3G fireworks, the BATFE form 5400.4. Sales or provision of the fireworks, retail fireworks, display fireworks, or pest control fireworks may be recorded on an alternative form if approved, in writing, by the Department of the State Fire Marshal or the BATFE.

(6) The records described in subsection (5) of this rule must include, at a minimum:

(a) The name, address, and license or permit number, if required, of the person to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are being sold or otherwise provided, including the state that issued the license or permit, the date of issuance and the expiration date of the license or permit;

(b) The address, including street number, city and state, and telephone number of the destination for the fireworks, retail fireworks, display fireworks, or pest control fireworks;

(c) The permit number of the wholesale permit holder, including the date of issuance and expiration date; and

(d) A list of the types, trade names and quantity of the fireworks, retail fireworks, display fireworks, or pest control fireworks sold or otherwise provided.

(7) The record form described under subsection (5) of this rule must be completed in full by the wholesale permit holder and signed by the person purchasing or obtaining the fireworks, retail fireworks, display fireworks, or pest control fireworks.

(8) All records described under subsection (5) of this rule, whether originals or copies, must be clear, legible and accurate.

(9) Records described under subsection (5) of this rule must be maintained at the wholesale site. Records must be retained for five years from the date of sale or provision. Upon request, records must be immediately provided to the local fire authority, law enforcement authority or representative of the Department of the State Fire Marshal.

(10) Wholesale permit holders must maintain at the wholesale site at all times a list of all employees involved in the wholesale operations, including their names, addresses, phone numbers (including home), driver's license numbers, and birth dates. Upon request a legible copy of the list must be provided immediately to the Department of the State Fire Marshal.

(11) Wholesale permit holders must maintain at the wholesale site at all times a list of all vehicles used to transport the fireworks, retail fireworks, display fireworks, or pest control fireworks, including year, make, model, license number and lease agreement, if applicable. A legible copy of the list must be provided immediately to the Department of the State Fire Marshal, upon request.

Or. Admin. R. 837-012-0545

FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; Reverted to FM 5-1989, f. & cert. ef. 9-15-89; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 114-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 476, 478 & 480

Statutes/Other Implemented: ORS 480.110 - 480.165