2015 ORS 480.127¹
Permit for retail sale of consumer fireworks
  • fee
  • rules

(1) Any person who desires to sell consumer fireworks at retail to individual members of the general public for personal use shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale. The State Fire Marshal shall issue the permit only if the State Fire Marshal finds that the applicant is qualified to conduct the proposed sale and that the proposed sale will conform to the provisions of ORS 480.111 (Definitions for ORS 480.111 to 480.165) to 480.165 (Civil penalty for fireworks law violations) and any rules adopted under ORS 480.111 (Definitions for ORS 480.111 to 480.165) to 480.165 (Civil penalty for fireworks law violations). A fee may be charged for the permit. Subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, the amount of the fee shall be set by rule and shall be adjusted subsequently by the State Fire Marshal to finance the administrative expenses incurred under this section and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(2) A retail sales permit issued under this section authorizes the sale of consumer fireworks only in the year for which the permit is issued during the period that begins on June 23 and ends on July 6 of the year for which the permit is issued.

(3) A retail sales permit holder shall store consumer fireworks in accordance with any fire codes that the State Fire Marshal adopts by rule to ensure safe storage of those fireworks. The matters that the State Fire Marshal considers when adopting storage rules for fireworks may include, but are not limited to, any United States Department of Transportation requirements relating to hazardous materials storage. [1983 c.788 §3; 1991 c.703 §14; 2013 c.24 §3]

Notes of Decisions

Because defini­tion of ground spinner in this sec­tion employs inexact phrase, Fire Marshal was authorized to interpret it by rule. Oregon Ind. Day Assoc. v. State Fire Marshal, 80 Or App 373, 721 P2d 1389 (1986)

1 Legislative Counsel Committee, CHAPTER 480—Explosives; Flammable Materials; Pressure Vessels, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors480.­html (2015) (last ac­cessed Jul. 16, 2016).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 480, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano480.­html (2015) (last ac­cessed Jul. 16, 2016).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.