Or. Admin. Code § 837-012-0510 - Definitions
For purposes of ORS 480.111 through 480.165 and OAR 837-012-0500 through 837-012-0570, the following definitions apply:
(1) "BATFE" means the Bureau of Alcohol,
Tobacco, Firearms and Explosives.
(2) "Carton, container, or case" means any
box, parcel, bundle, or other package used to hold or contain fireworks, retail
fireworks, display fireworks, or pest control fireworks for purposes of
transportation and storage. The term does not include:
(a) The wrapping or packaging used to hold or
contain a single or small number of fireworks, retail fireworks, display
fireworks, or pest control fireworks; or
(b) A vehicle or other mobile container used
to transport fireworks, retail fireworks, display fireworks, or pest control
fireworks.
(3) "Display
fireworks" means fireworks defined in ORS
480.111(4) that
are authorized under a general, limited, or special effects display permit
issued pursuant to 480.130, 480.140 and 480.150.
(4) "Domicile" means a person's legal home;
the particular place that a person intends to make the person's fixed and
permanent home and abode.
(5)
"Exempt fireworks" has the meaning provided in ORS
480.111(5).
(6) "Fireworks" has the meaning provided in
ORS 480.111(7).
(7) "Illegal fireworks" means any fireworks
other than consumer fireworks including but not limited to, any firework that
flies into the air, or explodes or behaves in an uncontrolled and unpredictable
manner.
(8) "Individual" means a
single human being.
(9) "Individual
member of the general public" means:
(a) For
persons in Oregon, any person who has not been issued a wholesale permit, a
general, limited or special effects display permit, a retail permit, or a pest
control fireworks permit by the Department of the State Fire Marshal.
(b) For persons outside of Oregon, any person
who has not been issued a license or permit when such a license or permit is
required, authorizing the person to sell, purchase, obtain, transport, possess,
use or discharge fireworks, retail fireworks, display fireworks, or pest
control fireworks.
(10)
"In-state wholesaler" means a wholesaler who owns, possesses, or occupies a
wholesale site located in Oregon.
(11) "Local fire authority" means the local
fire official having jurisdiction over the wholesale site and wholesale
operations.
(12) "Manager" means
the individual identified on the permit application who is responsible for and
directs the operations at the wholesale site.
(13) "Manufacture" has the meaning provided
in ORS 480.111(13).
(14) "NFPA" means the National Fire
Protection Association.
(15)
"Novelties and trick noisemakers" means those items described in ORS
480.111(5) and
the American Pyrotechnics Association Standard 87-1. It also means exempt
fireworks.
(16) "Out-of-state
wholesaler" means a wholesaler who owns, occupies, or possesses a wholesale
site located outside of Oregon.
(17) "Permit application" means the
application forms and accompanying documentation required to be completed and
submitted to the Department of the State Fire Marshal for approval prior to the
issuance of a wholesale permit.
(18) "Pest control Fireworks" has the meaning
given in OAR 837-012-0315.
(19)
"Pyrotechnic articles" has the meaning provided in ORS
480.111(14).
(20) "Pyrotechnic composition" has the
meaning provided in ORS
480.111(15).
(21) "Pyrotechnic device" has the meaning
provided in ORS 480.111(16).
(22) "Residence" means the particular
dwelling place where a person lives and has a present intent to remain for a
period of time.
(23) "Resident"
means any person who occupies a dwelling in a state and has a present intent to
remain in the state for a period of time.
(24) "Retail fireworks" means consumer
fireworks as defined in ORS
480.111(2). The
term includes a firework designed with the means to roll or move while
remaining on the ground, that travels 12' or less horizontally on smooth
surfaces.
(25) "Retailer" means any
person who, sells, transfers, or provides by any other means, or intends to
sell, transfer or provide by any other means, retail fireworks to individual
members of the general public.
(26)
"Sales representative" means an individual who is an employee of the wholesale
permit holder and is authorized to conduct sales for the wholesale permit
holder.
(27) "Sell" means to
transfer possession of property from one person to another person for
consideration.
(28) "Special
effects" has the meaning defined in ORS
480.111(17).
(29) "Wholesale operations" means the sale of
fireworks, retail fireworks, display fireworks, or pest control fireworks and
related activities, including the purchase, possession, storage and
transportation of such fireworks.
(30) "Wholesale permit" means the official
written document issued by the Department of the State Fire Marshal that
authorizes the purchase, transport, possession, packaging, storing and sale of
fireworks, retail fireworks, display fireworks, or pest control fireworks when
otherwise in compliance with all applicable requirements of ORS
480.111 through
480.165, OAR chapter 837,
division 12, and any other applicable federal, state and local laws, rules and
regulations.
(31) "Wholesale site"
means the location where a wholesaler's sales and storage facilities are
operated and maintained.
(32)
"Wholesaler" means any person who sells or provides by any other means, or
intends to sell or provide by any other means, fireworks, retail fireworks,
display fireworks, or pest control fireworks.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.