Or. Admin. R. 837-012-0565

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

Section 837-012-0565 - Transportation

(1) All shipments of fireworks, retail fireworks, display fireworks, or pest control fireworks within or into Oregon, or from Oregon for delivery to another state may be transported only by persons who comply with all applicable United States Department of Transportation requirements and any other federal, state, or local laws, rules, or regulations pertaining to the transportation of fireworks.

(2) All persons engaged in the transportation of fireworks, retail fireworks, display fireworks, or pest control fireworks within, into or out of Oregon must verify that the outside of all cartons, containers or cases, containing such fireworks and any accompanying documentation, are marked with all the information required under OAR 837-012-0525(13) and (14).

(3) Wholesale permit holders may not sell or provide fireworks, retail fireworks, display fireworks, or pest control fireworks to any person for transport when the permit holder knows or should know that the person cannot or will not transport fireworks, retail fireworks, display fireworks, or pest control fireworks in accordance with United States Department of Transportation requirements or any other applicable federal, state or local laws, rules or regulations.

(4) Common carriers must immediately notify, verbally or in writing, the local fire authority or the Department of the State Fire Marshal of all shipments of fireworks, retail fireworks, display fireworks, or pest control fireworks to be delivered within or into Oregon. Such shipments shall be subject to examination by the local fire authority and the Department of the State Fire Marshal to determine compliance with all applicable federal, state and local laws, rules, and regulations pertaining to fireworks, retail fireworks, display fireworks, or pest control fireworks. If necessary, the Consumer Product Safety Commission, United States Customs, the United States Department of Transportation and the Oregon Department of Transportation may be contacted for assistance.

Or. Admin. R. 837-012-0565

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 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 111-2023, 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