480.127 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 to 480.165 and any rules adopted under ORS
480.111 to 480.165. A fee may be charged for the permit. Subject to prior
approval by the Oregon Department of Administrative Services, 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; 2023 c.602 §13]
Notes of Decisions
State Ex Rel. Juv. Dep't v. Garrett, 91 P.3d 830 (Or. Ct. App. 2004).
· cites it 4× “” In his brief, he argues that (1) the modified Piccolo Pete does not have sufficient destructive capacity to qualify as a “destructive device,” (2) the device is a lawful “cylindrical fountain” within the meaning of ORS 480.127(4), and (3), even if not a “cylindrical fountain,”…”
State v. Bluel, 397 P.3d 497 (Or. Ct. App. 2017).
· cites it 2× “See ORS 480.127(4)(c) (2003), amended by Or Laws 2013, ch 24, § 3.”
Cascade Fireworks, Inc. v. State, 738 P.2d 1013 (Or. Ct. App. 1987).
“156, which prohibits sales to any out-of-state resident who does not “(1) * * * 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,…”
Oregon Indep. Day Ass'n v. State Fire Marshall, 721 P.2d 1389 (Or. Ct. App. 1986).
· cites it 13× “Their sale is regulated by ORS 480.127. ORS 480.127(1) provides that persons who desire to sell the items shall apply for a permit, which shall be issued “* * * only if the State Fire Marshall finds that the applicant is qualified to conduct the proposed sale and that the…”
— Or. Rev. Stat. § 480.127(1) — 1 case
Oregon Indep. Day Ass'n v. State Fire Marshall, 721 P.2d 1389 (Or. Ct. App. 1986).
“Their sale is regulated by ORS 480.127. ORS 480.127(1) provides that persons who desire to sell the items shall apply for a permit, which shall be issued “* * * only if the State Fire Marshall finds that the applicant is qualified to conduct the proposed sale and that the…”
— Or. Rev. Stat. § 480.127(4) — 2 cases
State Ex Rel. Juv. Dep't v. Garrett, 91 P.3d 830 (Or. Ct. App. 2004).
“” In his brief, he argues that (1) the modified Piccolo Pete does not have sufficient destructive capacity to qualify as a “destructive device,” (2) the device is a lawful “cylindrical fountain” within the meaning of ORS 480.127(4), and (3), even if not a “cylindrical fountain,”…”
Oregon Indep. Day Ass'n v. State Fire Marshall, 721 P.2d 1389 (Or. Ct. App. 1986).
“Their sale is regulated by ORS 480.127. ORS 480.127(1) provides that persons who desire to sell the items shall apply for a permit, which shall be issued “* * * only if the State Fire Marshall finds that the applicant is qualified to conduct the proposed sale and that the…”
— Or. Rev. Stat. § 480.127(4)(c) — 2 cases
State Ex Rel. Juv. Dep't v. Garrett, 91 P.3d 830 (Or. Ct. App. 2004).
“” In his brief, he argues that (1) the modified Piccolo Pete does not have sufficient destructive capacity to qualify as a “destructive device,” (2) the device is a lawful “cylindrical fountain” within the meaning of ORS 480.127(4), and (3), even if not a “cylindrical fountain,”…”
State v. Bluel, 397 P.3d 497 (Or. Ct. App. 2017).
“See ORS 480.127(4)(c) (2003), amended by Or Laws 2013, ch 24, § 3.”
— Or. Rev. Stat. § 480.127(4)(e) — 1 case
Oregon Indep. Day Ass'n v. State Fire Marshall, 721 P.2d 1389 (Or. Ct. App. 1986).
“Their sale is regulated by ORS 480.127. ORS 480.127(1) provides that persons who desire to sell the items shall apply for a permit, which shall be issued “* * * only if the State Fire Marshall finds that the applicant is qualified to conduct the proposed sale and that the…”
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