Or. Admin. Code § 837-012-0645

Current through Register Vol. 63, No. 11, November 1, 2024

Section 837-012-0645 - Sales and Storage of Retail Fireworks

(1) A retail sales outlet may never be left unattended during the business hours of the outlet. Any retail sales outlet in violation of these rules may be subject to closure.

(2) The retail permit holder or the individual responsible for sales must be present at the retail sales outlet at least 50% of the outlet's business hours each day. When not present at the outlet, the individual responsible for sales must be readily available, day or night, by telephone or other reliable means of communication. The individual responsible for sales may be absent from the retail sales outlet for up to 48 consecutive hours twice during the period of time the retail permit is valid. The two 48-hour time periods may not be consecutive. The individual responsible for sales, when not at the retail site, must be available through their 24-hour contact number listed on their permit application.

(3) Any time the individual responsible for sales is not present at the retail sales outlet during the business hours of the outlet, at least one individual, 18 years of age or older, must be present at the outlet. Such individual must be an employee or volunteer of the retail permit holder's volunteer non-profit organization. Such individual must be directly responsible for, and in charge of, the retail sales outlet and be present in the retail sales outlet at all times.

(4) The individual responsible for sales may be:

(a) The retail permit holder listed on the retail permit; or

(b) An employee of the retail permit holder; or

(c) If the retail permit holder is a volunteer, non-profit organization, an individual who is a member of the retail permit holder's volunteer non-profit organization.

(5) The individual responsible for sales may only be responsible for the retail sales outlet listed on the retail permit.

(6) The retail site may be changed if:

(a) The new retail site is located in the same fire jurisdiction as the retail site listed in the retail permit;

(b) The local fire authority approves the new retail site and indicates that approval in writing; and

(c) The Department of the State Fire Marshal is notified of the change at least 24 hours prior to the commencement of retail sales.

(7) Retail fireworks may only be sold at a retail sales outlet for which a retail permit has been issued.

(8) Retail fireworks may not be sold or otherwise provided from an establishment or business that serves alcoholic beverages, single or multi-family residences, an internet site, or automobiles.

(9) All retail sales outlets must comply with all applicable federal, state and local laws, rules and regulations pertaining to fireworks including:

(a) ORS 480.111 through 480.165;

(b) OAR chapter 837, division 12;

(c) Oregon Structural Specialty Code, as adopted by the Oregon Building Codes Division pursuant to OAR 918-460-0010; and

(d) Oregon Fire Code, as adopted by the State Fire Marshal pursuant to OAR 837-040-0010.

(10) All retail fireworks not sold during the time the retail permit is valid, must be returned to the supplying wholesaler no later than July 31 of the year in which the permit is valid.

(11) At all times during the business hours of the retail sales outlet, exits may not be locked or blocked and all exits must be passable.

(12) No fireworks may be discharged within 100 feet of any retail sales outlet.

(13) The retail permit holder, individual responsible for sales, and any employees or volunteers of the retail permit holder must ensure that all retail fireworks sold or otherwise provided, possessed, transported, stored or offered for sale comply with ORS 480.111 through 480.165 and these rules.

(14) The type of retail sales outlet (tent, stand, canopy or trailer) to be utilized must be described on the permit application, including its outside dimensions. The dimensions of the retail sales outlet listed on the permit application may not be increased, but they may be decreased, after the permit application is submitted to the Department of the State Fire Marshal.

(15) Retail permit holders may store their retail fireworks from June 1 through July 31 of the year in which their retail permit is valid. The local fire authority must approve the storage and the storage location of the retail fireworks and indicate that approval by signing the permit application.

(16) Retail fireworks shall be stored:

(a) In compliance with Section 307.1.2 of the Oregon Structural Specialty Code as adopted by the Oregon Building Codes Division pursuant to OAR 918-460-0010; or

(b) In an explosives magazine pursuant to NFPA 495, 2013 Edition.

Or. Admin. Code § 837-012-0645

FM 1-1990(Temp), f. & cert. ef. 1-12-90; FM 4-1990, f. & cert. ef. 7-10-90; OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99; Reverted to FM 4-1990, f. & cert. ef. 7-10-90; OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99; OSFM 14-2000, f. & cert. ef. 12-4-00; OSFM 11-2001, f. & cert. ef. 12-14-01; OSFM 2-2003, f. & cert. ef. 2-10-03; OSFM 3-2004, f. & cert. ef. 1-14-04; OSFM 3-2005, f. & cert. ef. 2-15-05; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016; OSFM 102-2023, 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 480.110 - 480.165