Or. Admin. R. 837-012-1220

Current through Register Vol. 63, No. 9, September 1, 2024

Section 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 through 480.290.

(b) OAR 837-012-1200 through 837-012-1420.

(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.

(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(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(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(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 Department of the 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 Department of the 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 Department of the 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.

Or. Admin. R. 837-012-1220

OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00; OSFM 12-2000, f. & cert. ef. 10-6-00; OSFM 1-2004, f. & cert. ef. 1-14-04; OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06; OSFM 14-2006, f. & cert. ef. 12-1-06; OSFM 73-2023, minor correction filed 07/03/2023, effective 7/3/2023

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 476 & 480

Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)