1. (1) Type III violations are subject to penalties ranging from $75 to $250 a day depending upon instance and in accordance with OAR 837-12-1050(3).

2. (2) Examples of Type III violations include but are not limited to:

   1. (a) Possession of $100 or more of illegal 1.4g fireworks;
   2. (b) Sale of any amount of 1.4g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction;
   3. (c) Sales of allowed fireworks to children less than 16 years of age;
   4. (d) The purchase of fireworks by an Oregon Retail permit holder from an unlicensed wholesaler;
   5. (e) Purchase of any amount of 1.4g fireworks without the necessary permits issued by the Department of the State Fire Marshal or, where required, the local authority having jurisdiction;
   6. (f) Manufacturing or altering any fireworks;
   7. (g) Storage of any amount of 1.3g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction;
   8. (h) Use of fireworks in a manner that presents a danger to life or property.

Statutory/Other Authority

ORS 183.090 & 480.110 - 480.165

Statutes/Other Implemented

ORS 480.110 - 480.165

History

OSFM 76-2023, 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 1-2001, f. & cert. ef. 1-23-01
Reverted to FM 3-1993, f. & cert. ef. 6-10-93
OSFM 8-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 3-1993, f. & cert. ef. 6-10-93