Retail sales fireworks (legal fireworks) are those 1.4G (Class C) consumer fireworks that do not explode, fly into the air, travel more than six feet horizontally and/or 12 inches vertically from the point of ignition. These include cone fountains, cylindrical fountains, flitter sparklers, ground spinners, illuminating torches, wheels, etc. Legal fireworks can be sold from June 23 through July 6 of each year and require a retail sales permit issued by the Office of State Fire Marshal.
Illegal (Unless Permit Issued)
Public Display Fireworks are those 1.3G (Class B) Display Fireworks and 1.4G (Class C) Consumer Fireworks that do not meet the definition of novelties and trick noisemakers and cannot be sold as retail fireworks. They include any firework which explodes, flies into the air, or travels more than 6 feet on the ground or 12 inches into the air. They are legal for use only with a Public Display Fireworks Permit issued by the Office of State Fire Marshal.
Are public displays allowed within the fire district?
Limited public displays are allowed within the district by permit only. All permits are issued from the Office of State Fire Marshal. Absolutely no public displays allowed or permitted within the City of Tilamook near any residential area.
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Local Authority & Enforcement
Oregon Revised Statutes (ORS) 480.110 through 480.165 and Oregon Administrative Rules (OAR) Chapter 837, Division 12, provide the foundation for fireworks regulation and enforcement, including civil penalty violations. Authority has been granted to the Office of State Fire Marshal for regulating fireworks in Oregon.
ORS 480.120(2) Law enforcement officers of the state, county or municipality shall enforce the provisions of ORS 480.110 to 480.165.
ORS 480.160(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.
OAR 837-12-560(1) The Office of State Fire Marshal, Local Fire Authority, or law enforcement authority may confiscate, remove or have removed any Fireworks, Retail Fireworks, Public Display Fireworks or Agricultural Fireworks offered for sale, sold, provided, transported, purchased or otherwise obtained, stored, possessed, used or discharged in violation of ORS 480.110 through 480.165 or OAR chapter 837, division 12.
ORS 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.
How can you obtain a public display permit?
There are several types of permits issued for public displays. To apply for a fireworks permit, applicants are required to complete the appropriate application and submit it to the Office of State Fire Marshal. A permit filing fee of $100 is required. Applications must be submitted at least 15 days in advance of the date of the display. Applications will then be forwarded back to the fire district for approval or denial.
Note: Public display permits require all operators to be certified for public fireworks display in the State of Oregon. Contact the Office of State Fire Marshal for additional information.