US Laws, Codes, Statutes & Cases

Chapter 480 — Explosives; Flammable Materials; Pressure Vessels

 

2007 EDITION

 

EXPLOSIVES; FLAMMABLES; PRESSURE VESSELS

 

PROTECTION FROM FIRE

 

EXPLOSIVES GENERALLY

 

480.010     Labels for blasting powder and fuse

 

480.020     Prohibition against sale of bad powder

 

480.030     Fuse unfit for use and sale; prohibition of use

 

480.040     Sale, exchange or possession, when unlawful

 

480.050     Prohibition against intrastate transportation of explosives in passenger vehicle operated by common carrier; exception

 

480.060     Transportation of certain explosives prohibited

 

480.070     Fire bombs prohibited; exceptions

 

480.085     Requirement for removal of unused explosives from work area

 

480.095     Penalty and civil liability for violation of ORS 480.085

 

FIREWORKS

 

480.110     Definitions for Oregon Fireworks Law

 

480.120     Sale, possession and use of fireworks prohibited; exceptions; enforcement

 

480.122     Use for repelling birds or animals allowed; permit; rules

 

480.124     Use for control of predatory animals allowed

 

480.127     Sale permit for certain items; when required; fee

 

480.130     Permit required for sale or public display of fireworks; fee

 

480.140     Fireworks displays to be under supervision of police and fire department chiefs or county court

 

480.150     Permits for fireworks sales or displays; rules; security

 

480.152     Publication of advertisement for sale of unlawful fireworks prohibited

 

480.154     Manufacturer or wholesaler required to maintain records of sale of fireworks; shipments to show permit number; confiscation

 

480.156     Sale of fireworks to out-of-state resident without valid license or permit prohibited; seller to ascertain license or permit requirements of other states; seller’s records

 

480.158     Parents of minor liable for costs incurred in suppressing fires caused by use of fireworks by minor; exception

 

480.160     Local regulation and effect of state law; local enforcement authority

 

480.165     Civil penalty for fireworks law violations

 

MANUFACTURE, SALE, POSSESSION AND TRANSFER OF EXPLOSIVES

 

480.200     Definitions for ORS 480.200 to 480.290

 

480.205     Application

 

480.210     Certificate of possession required; exceptions; display of certificate upon demand; defenses

 

480.215     Transfer of explosives limited

 

480.225     Eligibility for certificate of possession

 

480.230     Application for certificate of possession; fee

 

480.235     Waiting period for issuance of certificate of possession; investigation of applicant; authority of investigating body to require fingerprints; term of certificate; assignment or transfer prohibited; records required

 

480.239     Application for renewal of certificate of possession; testing criteria

 

480.244     Storage facilities; certificate of registration; application; inspection; rules and fees; term of registration

 

480.265     Report of loss, theft or unlawful removal of explosives required

 

480.270     Revocation or suspension for violations; surrender of certificate of possession

 

480.275     Hearings on denial, suspension or revocation of certificate

 

480.280     Administration and enforcement by State Fire Marshal; rules; appointment of assistants

 

480.290     Requirements for person driving vehicle transporting explosives

 

REGULATION OF GASOLINE DISPENSING

 

480.310     Definitions for ORS 480.315 to 480.385

 

480.315     Policy

 

480.320     Use of coin-operated pumps and dispensing of gasoline by self-service declared hazardous

 

480.330     Operation of gasoline dispensing device by public prohibited; aviation fuel exception

 

480.340     Coin-operated or self-service gasoline pumps prohibited; automatic shut-off devices regulated; aviation fuel exception

 

480.345     Conditions for operation of dispensing device by certain nonretail customers

 

480.347     Use of gasoline dispensing device by emergency service worker; conditions

 

480.349     Use of gasoline dispensing device by motorcycle operator

 

480.350     License required for operation of nonretail facility; application; fee; term; renewal; disposition of fees

 

480.355     Conditional use license; qualifications; application; review of denial

 

480.360     Exemption from gallonage requirements of ORS 480.345

 

480.365     Suspension, revocation, refusal to issue or renew nonretail facility license; procedure

 

480.370     Subpoenas for investigation; effect of failure to comply

 

480.375     Safety inspection of facilities by State Fire Marshal; audit; investigation of law violations

 

480.380     Rules

 

480.385     Civil penalty for gasoline dispensing law violations

 

480.390     Nonretail facilities at airports; rules

 

LIQUID PETROLEUM GAS

 

480.410     Definition

 

480.420     Liquid petroleum gas rules and regulations; conformity with standards of National Fire Protection Association

 

480.430     Liquefied petroleum gas containers; certain uses prohibited

 

480.432     Licenses required; exceptions

 

480.434     Examination of applicants for licenses; examination fee; issuance of license

 

480.435     Licenses; revocation; suspension; refusal to issue or renew

 

480.436     License fees; term of licenses; delinquency penalty

 

480.440     Inspection of certain storage tanks; fee

 

480.445     Regulation of liquid petroleum gas container or receptacle siting and installation

 

480.450     Notice of new installations; fees; inspections after original inspection; notice of changes; correction of improper installations required

 

480.460     Disposition of fees

 

BOILERS AND PRESSURE VESSELS

 

480.510     Short title

 

480.515     Definitions for ORS 480.510 to 480.670

 

480.520     Purpose of ORS 480.510 to 480.670

 

480.525     Exempt vessels; rules

 

480.530     Powers and duties of department

 

480.535     Board of Boiler Rules; members; duties; qualifications; confirmation; rules

 

480.540     Term of members; removal; meetings; compensation and expenses

 

480.545     Rules; minimum safety standards; fees

 

480.550     Minimum safety standards; effect on existing vessels; application of subsequent amendments

 

480.555     Prohibitions relating to nonconforming vessels; exemptions

 

480.560     Inspection; testing; rules

 

480.565     Chief and deputy inspectors; special inspectors

 

480.570     Inspections by special inspectors or others; effect on permit fee; exempt boilers and vessels

 

480.580     Access to buildings and premises by inspectors

 

480.585     Permit for operation of vessels; rules for waiver

 

480.595     Permits; rules; fees

 

480.600     Special provisions on permit and inspection fees; notice from insurer

 

480.605     Miscellaneous fees

 

480.607     Fee increase

 

480.610     Disposition of fees

 

480.615     Appeals

 

480.630     Licensing of boiler contractors and persons installing, altering or repairing boilers or pressure vessels; examination; fee; continuing education

 

480.632     Employment of unlicensed worker prohibited

 

480.634     Exemption of journeyman plumber for certain activities

 

480.640     When court action not available

 

480.645     Standardized examination; administration

 

480.647     Quality control procedures for welding on nonboiler external piping; rules

 

480.660     Notice of violation; correction; when use prohibited; appeal

 

480.670     Civil penalty for Boiler and Pressure Vessel Law violations; disposition of penalty moneys

 

PENALTIES

 

480.990     Penalties

 

EXPLOSIVES GENERALLY

 

      480.010 Labels for blasting powder and fuse. All blasting powder and fuse shipped into this state for use, or manufactured in this state for use in this state, shall have stamped or printed upon the outside of the original package, box, case or wrapper the date of manufacture of the contents.

 

      480.020 Prohibition against sale of bad powder. Whenever any blasting powder shows a state of disintegration or decomposition sufficient so that it remains in a soft condition in a temperature of 32 degrees Fahrenheit, or is in a state of crystallization, which is revealed by some portions being in a hard condition and surrounded by other portions in a soft condition, it shall be deemed bad and dangerous powder, and its sale and use is prohibited.

 

      480.030 Fuse unfit for use and sale; prohibition of use. Whenever any fuse shows by its appearance to have been overheated, or if it is in a hard and brittle condition, which is seen by breaks and cracks in the wrapper around the outside of the fuse, the same shall be declared unfit for use and sale, and its use is forbidden.

 

      480.040 Sale, exchange or possession, when unlawful. No person shall sell or exchange, or offer or expose for sale or exchange, or have in possession for use by employees of the person:

      (1) Any blasting powder or fuse which has not been stamped or printed upon as required in ORS 480.010.

      (2) Any blasting powder of which the sale and use is prohibited by ORS 480.020.

      (3) Any fuse declared to be unfit for use as prohibited by ORS 480.030.

 

      480.050 Prohibition against intrastate transportation of explosives in passenger vehicle operated by common carrier; exception. No person shall transport, carry or convey, or have transported, carried or conveyed, any dynamite, gunpowder or other like explosives, between any places in Oregon, on any car or other vehicle of any description operated by a common carrier which car or vehicle is carrying passengers for hire. However, it shall be lawful to transport on any such car or vehicle small arms, ammunition in any quantity, such fuses, torpedoes, rockets or other signal devices as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of one-half pound each and not exceeding 20 samples at one time in a single car or vehicle. Such samples shall not be carried in that part of a car or vehicle which is intended for the transportation of passengers for hire. Nothing in this section shall be construed to prevent the transportation of military or naval forces, with their accompanying munitions of war, on passenger equipment, cars or vehicles.

 

      480.060 Transportation of certain explosives prohibited. No person shall transport, carry or convey, or have transported, carried or conveyed, liquid nitroglycerine, fulminate in bulk in dry condition, or other like explosives, between any places in Oregon, on any car or other vehicle of any description operated by a common carrier in the transportation of passengers.

 

      480.070 Fire bombs prohibited; exceptions. (1) No person shall possess a fire bomb. For the purpose of this section a “fire bomb” is a breakable container containing a flammable liquid with a flash point of 150 degrees Fahrenheit or less, having an integral wick or similar device capable of being ignited, but no device commercially manufactured primarily for the purpose of illuminating shall be deemed to be a fire bomb for the purpose of this section.

      (2) This section shall not prohibit the authorized use or possession of such fire bomb by a member of the Armed Forces of the United States or by any member of a regularly organized public fire or police department. [1967 c.417 §21]

 

      480.080 [1961 c.722 §1; repealed by 1963 c.384 §4]

 

      480.085 Requirement for removal of unused explosives from work area. (1) In addition to any other legal requirements, all users of explosives shall be responsible for the removal of all unused explosives from any area of use after the work for which the explosive was required is completed or when the user is absent for more than 30 days from the area of use, unless the explosives are stored in a manner meeting the safety requirements promulgated by the State Fire Marshal pursuant to ORS 476.030.

      (2) As used in this section:

      (a) “Explosives” means dynamite, blasting powder, black powder, nitroglycerin, detonators, nitro-jelly, prima-cord and detonating fuse.

      (b) “User” means any person using explosives for any purpose whatsoever, and regardless of whether such person is being compensated for such use. [1963 c.384 §1]

 

      480.090 [1961 c.722 §2; repealed by 1963 c.384 §4]

 

      480.095 Penalty and civil liability for violation of ORS 480.085. Persons violating ORS 480.085 are subject to the penalty provided in ORS 480.990 (4) and are liable in civil action for damages to any person suffering injury from handling or otherwise coming in contact with unused explosives that are left in an area of use in violation of ORS 480.085, regardless of any negligence or lack of negligence on the part of the defendant. [1963 c.384 §2; 2007 c.71 §158]

 

FIREWORKS

 

      480.110 Definitions for Oregon Fireworks Law. For the purposes of ORS 480.110 to 480.165, which sections may be cited as the Oregon Fireworks Law, and unless otherwise required by the context:

      (1) “Fireworks” means any combustible or explosive composition or substance, or any combination of such compositions or substances, or any other article which was prepared for the purpose of providing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges or toy cannons in which explosives are used, balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents or any other article of like construction or any article containing any explosive or inflammable compound, or any tablets or other device containing any explosive substances or inflammable compound; but does not include:

      (a) Sparklers, toy pistol paper caps, toy pistols, toy canes, toy guns or other devices in which paper caps containing 0.25 grains or less of explosive compound are used, and when, the rate of burning and the explosive force of the materials in such devices are not greater than an equivalent weight of F.F.F.G. black powder, and when such devices are so constructed that the hand cannot come in contact with the cap when in place for explosion, and the major explosive force is contained or dispelled within the housing or shell of the device, there is no visible flame during discharge, there is no flaming or smoldering of any of the components or parts of the device after discharge, and the device does not produce sufficient heat to readily ignite combustible materials upon which the device may be placed. The sale and use of such devices shall be permitted at all times.

      (b) Snakes or similar smoke-producing material containing not more than 100 grains of combustible substances when there is no visible flame during discharge, there is no after smoldering, and the devices do not produce sufficient heat to readily ignite combustible materials upon which the devices may be placed. The sale and use of such devices shall be permitted at all times.

      (c) Model rockets and model rocket motors designed for the purpose of propelling recoverable aero models. The sale and use of such devices shall be permitted at all times.

      (d) Those items described in ORS 480.127 (4).

      (2) “Fire protection district” means any district created under the laws of Oregon or the United States, including rural fire protection districts and any federal, state or private forest patrol areas.

      (3) For purposes of this section “sparklers” means materials of a character that will, when ignited, sparkle without throwing or dropping hot residue capable of igniting combustible materials, attached to a wire or other noncombustible central support, with such materials arranged in a cylindrical shape not more than 10 inches in length nor more than one-quarter inch in diameter and which shall not burn more rapidly than one inch in 10 seconds, but not including materials incased within a container of any character. “Explosive substance” or “explosive mixture” as used in this section shall mean any substance so arranged as to burn in less than one second. “Combustible substance” shall mean any substance so arranged as to burn in more than one second. [Amended by 1967 c.417 §23; 1981 c.635 §1; 1983 c.788 §5]

 

      480.120 Sale, possession and use of fireworks prohibited; exceptions; enforcement. (1) No person shall sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks within Oregon, except as follows:

      (a) Sales by manufacturers and wholesalers to customers residing outside this state in accordance with ORS 480.156;

      (b) Sales to persons or organizations having obtained a permit from the State Fire Marshal for supervised public display;

      (c) Sales to railroads, boats, motor vehicle or other transportation agencies, to be used for signal, warning or illumination purposes in connection with such business;

      (d) Sale or use of blank cartridges for licensed shows or theaters or for signal or ceremonial purposes in athletics or sports;

      (e) Experimental purposes by a manufacturer of explosives at such places where such experiments are normally conducted;

      (f) Sale of blank cartridges for use by the militia or any organization of war veterans or other organization authorized by law to parade in public a color guard armed with firearms;

      (g) Sale of shells, cartridges, gunpowder or explosives for use in legally permitted firearms;

      (h) Sales of items described in ORS 480.127 to persons who possess the retail sales permit required by ORS 480.127 by a person who holds a manufacturer or wholesaler license issued pursuant to ORS 480.110 to 480.165; or

      (i) Sales of items described in ORS 480.127 to individual members of the general public for personal use by taking direct delivery of those items at the time of sale from the holder of a retail sale permit issued pursuant to ORS 480.127.

      (2) Law enforcement officers of the state, county or municipality shall enforce the provisions of ORS 480.110 to 480.165. [Amended by 1983 c.788 §1; 1985 c.789 §1]

 

      480.122 Use for repelling birds or animals allowed; permit; rules. (1) Notwithstanding the provisions of ORS 480.110 to 480.124 and 480.130 to 480.150, an owner or lessee of property located outside of an incorporated city may purchase, maintain, use and explode fireworks on the owned or leased property for the purpose of scaring away or repelling birds or animals which are or may be injurious or destructive to forest or agricultural products or crops.

      (2) Any person described in subsection (1) of this section desiring to use and explode fireworks to scare or repel birds or animals shall first secure a permit from the State Fire Marshal for that purpose. The State Fire Marshal, upon receipt of application for such permit, shall determine if the proposed purchase and use conforms to law and any rules or regulations promulgated by the office of the fire marshal. If the fire marshal finds that the applicant is qualified to use the fireworks and the proposed use is in accordance with the law and rules and regulations, the fire marshal shall issue a permit; otherwise the fire marshal shall refuse to issue it.

      (3) Such permit may be revoked by the State Fire Marshal at any time fire marshal verifies there is a violation of the provisions of the permit or the rules and regulations under which it is issued.

      (4) The State Fire Marshal is authorized to promulgate rules and regulations relating to the use of fireworks to scare or repel birds or animals which are injurious to or destructive to forest or agricultural crops or products. [1961 c.293 §2; 1987 c.158 §106]

 

      480.124 Use for control of predatory animals allowed. Notwithstanding the provisions of ORS 480.110 to 480.165, fireworks may be purchased, maintained, used and exploded by federal or state agencies authorized and required by ORS 610.002 to 610.020 to eradicate and control predatory animals. Such purchase and use shall be in compliance with rules and regulations promulgated by the State Fire Marshal, with the approval of the state agencies authorized and required by ORS 610.002 to 610.020 to eradicate and control predatory animals. [1961 c.293 §3]

 

      480.127 Sale permit for certain items; when required; fee. (1) Any person who desires to sell cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers or combination items 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 480.110 to 480.165 and any rules promulgated pursuant thereto. 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) The permit required by subsection (1) of this section shall not be valid for more than one year from the date of issuance and shall authorize sales only between midnight June 22 and midnight July 6 of any given calendar year.

      (3) Notwithstanding any other provision of law, the State Fire Marshal shall not prescribe limitations on the aggregate amount of items described in subsection (4) of this section at a sales facility operated by a person who holds the permit referred to in this section. However, such items shall be stored in accordance with such fire codes as the State Fire Marshal by rule may prescribe to insure safe storage of such materials. In prescribing such rules the State Fire Marshal may consider, among other matters, requirements of the United States Department of Transportation regarding the storage of hazardous materials.

      (4) As used in this section:

      (a) “Combination item” means a device that contains combinations of two or more of the effects described in paragraphs (b) to (g) of this subsection.

      (b) “Cone fountain” means a cardboard or heavy paper cone containing not more than 50 grams of pyrotechnic composition. The effect upon ignition is the same as that of a cylindrical fountain.

      (c) “Cylindrical fountain” means a cylindrical tube not more than three-fourths inch (19 mm) inside diameter and containing not more than 75 grams of pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground, a wood or plastic base for placing on the ground or a wood or cardboard handle if intended to be handheld.

      (d) “Flitter sparkler” means a narrow paper tube containing not more than 100 grams of pyrotechnic composition that produces colored sparks upon ignition. The paper at one end of the tube is ignited to make the device function.

      (e) “Ground spinner” means a small device similar to a wheel in design and effect and containing not more than 60 grams of pyrotechnic composition. When placed on the ground and ignited, a shower of colored sparks is produced by the rapidly spinning device.

      (f) “Illuminating torch” means a cylindrical tube containing not more than 100 grams of pyrotechnic composition. This device may be provided with a spike for insertion into the ground, a wood or plastic base for placing on the ground or a wood or cardboard handle if intended to be handheld.

      (g) “Wheel” means a pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain not more than six driver units or tubes not exceeding one-half inch (12.5 mm) inside diameter and containing not more than 60 grams of pyrotechnic composition. Upon ignition, the wheel revolves and produces a shower of colored sparks, and sometimes a whistling effect. [1983 c.788 §3; 1991 c.703 §14]

 

      480.130 Permit required for sale or public display of fireworks; fee. (1) All persons, municipalities, associations or organizations or groups of individuals desiring to sell, discharge, fire off, explode or display fireworks for a public display, or to sell items described in ORS 480.127 (4) to persons who possess the permit referred to in ORS 480.127, shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale or date of the display. The State Fire Marshal, upon receipt of such application, shall determine if the proposed sale or display will conform to law and any rules promulgated thereunder. If the State Fire Marshal finds that the applicant is qualified to conduct such sale or display and that the proposed sale or display is in accordance with the law and all rules, the State Fire Marshal shall issue a permit; otherwise the State Fire Marshal shall refuse to issue it.

      (2) The fee for a permit for the public display of fireworks and each permit for sale of fireworks or items described in ORS 480.127 (4) shall be established by rule by the State Fire Marshal, subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, and subsequently shall be adjusted 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. All fees collected shall be deposited to the credit of the State Fire Marshal Fund.

      (3) Sales permits for fireworks or items described in ORS 480.127 (4) shall not be valid for more than one year from date of issue. A public display permit shall not be valid for more than 10 days from date of issuance and shall authorize only one fireworks display during that period. [Amended by 1967 c.417 §24; 1983 c.788 §6; 1985 c.789 §2; 1991 c.703 §15]

 

      480.140 Fireworks displays to be under supervision of police and fire department chiefs or county court. (1) Every such display held within the boundaries of any municipality shall be under the supervision of the chiefs of police and fire departments of the municipalities in which the display is to be held and shall be of such character, and so located, discharged or fired as, in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person.

      (2) Every such display held outside the boundaries of any municipality or fire protection district shall be under the supervision of the county court of the county in which the display is to be held and shall be of such character, and so located, discharged or fired as, in the opinion of the county court or of a county official duly authorized by the county court, after proper inspection, shall not be hazardous to property or endanger any person.

 

      480.150 Permits for fireworks sales or displays; rules; security. (1) The State Fire Marshal may adopt reasonable rules for granting permits for supervised public displays or sales of fireworks or items described in ORS 480.127 (4) by municipalities, fair associations, amusement parks, and other persons, organizations or groups of individuals. The governing body of any municipality, or of any county, may require liability insurance, or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other form of indemnity deemed adequate by the municipality, or the county, from any person, in a sum not less than $500, conditioned for payment of all damages which may be caused either to a person or property by reason of the authorized display or sale and arising from any acts of any person or agents, employees or subcontractors of the person. At the time a permit is revoked, the State Fire Marshal or approving authority may include in the revocation order a provision prohibiting the holder of the revoked permit from applying for or obtaining another such permit, for a period not to exceed three years from the revocation date, if the State Fire Marshal or approving authority finds that the circumstances of the permit holder’s failure to comply with applicable sale or display statutes and regulations presented a significant fire hazard or other public safety danger.

      (2) The State Fire Marshal or the approving authority of any governmental subdivision may revoke permits for display or sale of fireworks or items described in ORS 480.127 when in the opinion of the State Fire Marshal or the approving authority the sale or display of fireworks or items described in ORS 480.127 (4) is not in compliance with applicable statutes and regulations governing such sale or displays.

      (3) Permit fees required by ORS 480.130 shall not be refunded in the event such permits are revoked. [Amended by 1967 c.417 §25; 1983 c.788 §4; 1985 c.789 §3; 1991 c.331 §72; 1997 c.631 §483]

 

      480.152 Publication of advertisement for sale of unlawful fireworks prohibited. (1) No person shall publish or cause to be published:

      (a) Any advertisement for the sale of fireworks the use or possession of which is declared unlawful by ORS 480.110 to 480.165.

      (b) Any advertisement for the sale of items described in ORS 480.127 in any county, municipality or fire protection district that by law or ordinance has declared the sale or use of such items is prohibited.

      (2) Subsection (1) of this section does not apply to any advertising medium which accepts such advertising in good faith, without knowledge of the violation of law. [1985 c.789 §7]

 

      480.154 Manufacturer or wholesaler required to maintain records of sale of fireworks; shipments to show permit number; confiscation. (1) Each manufacturer or wholesaler of fireworks or items described in ORS 480.127 shall keep a record of all sales showing the name and address of the purchaser, the state of destination, license and permit numbers, the state and date of permit issuance and a list of the type and quantity of fireworks or items sold.

      (2) All shipments of fireworks or items described in ORS 480.127 coming into this state must show the appropriate permit number of the addressee on the outside of the package. If the permit number is not so shown, such shipment may be confiscated by a law enforcement officer or fire protection enforcement authority having jurisdiction. [1985 c.789 §8]

 

      480.156 Sale of fireworks to out-of-state resident without valid license or permit prohibited; seller to ascertain license or permit requirements of other states; seller’s records. (1) It is unlawful for any person to sell fireworks or items described in ORS 480.127, at wholesale to any out-of-state resident who does not possess and present to the seller for inspection at the time of sale a valid license or permit issued in the name of such out-of-state resident, if such license or permit is required to purchase, possess, transport, store, distribute, sell or otherwise deal with or use fireworks or items described in ORS 480.127, by the laws of such other state.

      (2) The burden of ascertaining whether the laws of such other state require a license or permit and whether the purchaser possesses such a valid license or permit shall be entirely on the seller. Each seller shall record, in a manner prescribed by the State Fire Marshal, each sale described in this section. The record shall include the identification of type and quantity of fireworks sold, name of purchaser, state of destination, state issuing license or permit and number or other identifying description and date of issue of license or permit. [1985 c.789 §9]

 

      480.158 Parents of minor liable for costs incurred in suppressing fires caused by use of fireworks by minor; exception. (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by a public fire agency in suppressing fires caused by use of fireworks by such minor child. However, a parent who is not entitled to legal custody of the minor child at the time of the fire shall not be liable for such damages.

      (2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $5,000 payable to the same claimant, for one or more acts.

      (3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

      (4) Nothing in subsections (1) to (3) of this section applies to foster parents. [1985 c.789 §6]

 

      480.160 Local regulation and effect of state law; local enforcement authority. (1) Nothing in ORS 480.110 to 480.165, nor in any permit issued thereunder, shall authorize the manufacture, sale, use or discharge of fireworks or items described in ORS 480.127 in any city, county or fire protection district in which such manufacture, sale, use or discharge is otherwise prohibited by law or municipal ordinance; nor shall any city, county or fire protection district authorize the sale or use of any fireworks prohibited by the provisions of ORS 480.110 to 480.165.

      (2) For the purposes of enforcing ORS 480.110 to 480.165 in an area exempt under ORS 476.030 (3) within a rural fire protection district, the fire marshal, if there is one, or the fire chief of that rural fire protection district has the same enforcement authority as the State Fire Marshal.

      (3) No person shall deliver or cause to be delivered into any county, municipality or rural fire protection district for the purpose of sale to individual members of the general public for personal use any items described in ORS 480.127 if the county, municipality or rural fire protection district by law or ordinance has declared that the sale or use of such items is prohibited.

      (4) The manufacture, sale, use or discharge of fireworks or items described in ORS 480.127 may be regulated by the governing body of a rural fire protection district, subject to the following conditions:

      (a) The regulation must be by ordinance adopted by the governing body of the district, after public notice and hearing, not later than January 1 of any calendar year in which regulation is to be operative.

      (b) The regulation shall not be operative within the boundaries of any city that regulates such matters by city ordinance.

      (c) The regulation shall not prohibit the manufacture, sale, use or discharge of fireworks or items referred to in ORS 480.127, the manufacture, sale, use or discharge of which is authorized by ORS 480.110 to 480.165.

      (d) The regulation may not limit sales to less than five days per calendar year, and must include the five consecutive day period beginning June 30. [Amended by 1983 c.788 §7; 1985 c.789 §4; 1993 c.185 §32]

 

      480.165 Civil penalty for fireworks law violations. (1) In addition to any other penalty provided by law, any person who violates any provision of ORS 480.110 to 480.165, or any rule adopted by the State Fire Marshal pursuant thereto, is subject to a civil penalty imposed by the State Fire Marshal in an amount not to exceed $500 per violation. However, an individual member of the general public who possesses fireworks of a retail value less than $50 is not subject to a civil penalty. Each day a violation continues shall be considered a separate offense.

      (2) All moneys recovered pursuant to this section shall be paid into the State Fire Marshal Fund.

      (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1991 c.856 §§2,3]

 

      480.170 [Repealed by 1987 c.158 §107]

 

MANUFACTURE, SALE, POSSESSION AND TRANSFER OF EXPLOSIVES

 

      480.200 Definitions for ORS 480.200 to 480.290. As used in ORS 480.200 to 480.290 unless the context requires otherwise:

      (1) “Certificate of possession” means a certificate issued under ORS 480.235 by the State Fire Marshal to applicants who have met the requirements of ORS 480.200 to 480.290.

      (2) “Certificate of registration” means a certificate of registration issued under ORS 480.244 by the State Fire Marshal for an explosives magazine.

      (3) “Explosive” means a chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters, but excludes fireworks, as defined in ORS 480.110 (1), black powder, smokeless powder, small arms ammunition, small arms ammunition primers and fertilizer, as defined in ORS 633.311.

      (4) “Issuing authority” means the State Fire Marshal or an assistant appointed by the State Fire Marshal under ORS 480.280 (2).

      (5) “Magazine” means an approved facility for the storage of explosives.

      (6) “Small arms ammunition” means a shotgun, rifle, pistol or revolver cartridge.

      (7) “Small arms ammunition primers” means small percussion-sensitive explosive charges encased in a cup and used to ignite propellant powder. [1971 c.518 §1; 1983 c.100 §3; 1999 c.980 §1; 2001 c.914 §26]

 

      480.205 Application. ORS 480.200 to 480.290 and 480.990 (6) do not apply to:

      (1) The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized public law enforcement agency, public fire department or fire protection agency while engaged in the performance of official duties.

      (2) The possession of an explosive in the course of transportation by way of railroad, water, highway or air while under the jurisdiction of, or in conformity with, regulations adopted by the United States Department of Transportation. [1971 c.518 §2; 1987 c.158 §108; 1999 c.980 §2]

 

      480.210 Certificate of possession required; exceptions; display of certificate upon demand; defenses. (1) A person may not possess an explosive unless:

      (a) The person has in immediate possession at all times during the possession of the explosive a valid certificate of possession issued to the person under ORS 480.235; or

      (b) The person is licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives to be a manufacturer of explosives, a dealer in explosives or the authorized agent of such a manufacturer or dealer.

      (2) A person in possession of an explosive shall display a certificate of possession upon the demand of the issuing authority, a magistrate or a law enforcement agency, public fire department or fire protection agency of this state.

      (3) It is a defense to a charge under subsection (1) of this section that the person so charged produce in court:

      (a) A certificate described in subsection (1)(a) of this section that was valid at the time of the arrest of the person; or

      (b) Proof that the person is licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives to be a manufacturer of explosives, a dealer in explosives, or the authorized agent of such a manufacturer or dealer. [1971 c.518 §3; 1999 c.980 §3; 2007 c.71 §159]