Legal vs. Illegal Fireworks

Legal vs. Illegal Fireworks

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By KVAL Web Staff

LEGAL FIREWORKS Click here to read the law
Any fireworks which produces only smoke, sparks or fire and which do not explode, eject balls of fire, fly into the air, travel more than 6 feet on the ground, or 12 inches into the air. Examples of legal fireworks:

ILLEGAL FIREWORKS
Any firework which explodes, flies into the air, behaves in an uncontrolled and unpredictable manner, or travels more than 6 feet on the ground or 12 inches into the air.  Examples of illegal fireworks

The 283 reported fireworks-related fires for the year 2006 show almost a 46 percent increase from the 194 fireworks-related fires for the year 2005, according to the Oregon State Fire Marshal. The last seven years show a declining trend in the number of reported fireworks related fires. Of the 283 fires reported in 2006, 241 (85 percent) occurred from June 1 through July 31, 2006 and resulted in an estimated dollar loss of $1,095,857. Youths, seventeen and younger, were responsible for ninety-two (33 percent) of the 283 fireworks related fires.

 

FIREWORKS SALES AND POSSESSION

ORS 480.120(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 theatres 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 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.

ORS 480.150(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 a commercial bank as defined in ORS 706.005 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.

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