1. (1) The location of a wholesale site may not present a significant risk to surrounding life and property or to the ability of local emergency response agencies to respond.

2. (2) The wholesale site must be designed, constructed, operated, maintained and separated in conformance with the applicable requirements of:

   1. (a) NFPA 1124 (The separation distances must be met as required by NFPA 1124. All fireworks stored at the wholesale site must be considered in calculating the separation distances);
   2. (b) NFPA 68;
   3. (c) OSSC;

   4. (d) OFC;

      NOTE: Wholesale sites that are currently approved may not be required to be altered or updated to comply with these standards.

3. (3) Temporary structures, including tents, vehicles and trailers of less than 10,000 pound gross carrying capacity, and buildings, structures, vehicles, or trailers not approved by the local fire authority and the Department of the State Fire Marshal may not be used as wholesale sites.
4. (4) Security for storage facilities must be provided by construction and maintenance of a solid or chain-link fence, at least six feet high with locking gates, that surrounds the facility. Security may be provided by an alternative means only if first approved by the local fire authority.

5. (5) Smoking, other ignition sources, or the use of the fireworks, retail fireworks, display fireworks, or pest control fireworks may not be allowed within 100 feet of the storage or sales facilities.

   [Publications: Publications referenced are available from the agency.]

Statutory/Other Authority

ORS 476, 478 & 480

Statutes/Other Implemented

ORS 480.110 - 480.165

History

OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 115-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05
OSFM 8-2002, f. & cert. ef. 10-4-02
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89