§ 480.160 — Local regulation and effect of state law; local enforcement authority

Oregon § 480.160

• Jurisdiction: Oregon
• Vol.: 14
• Title 38: Protection From Fire
• Ch. 480: Explosives; Flammable Materials; Pressure Vessels

Text

(1) Nothing in ORS 480.111 to 480.165, nor in any permit issued thereunder, shall authorize the manufacture, sale, use or discharge of fireworks in any city, county or fire protection district in which such manufacture, sale, use or discharge is otherwise prohibited by law or municipal ordinance; nor shall any city, county or fire protection district authorize the sale or use of any fireworks prohibited by the provisions of ORS 480.111 to 480.165.
(2) For the purposes of enforcing ORS 480.111 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.
(3) No person shall deliver or cause to be delivered into any county, municipality or rural fire protection district for the purpose of sale to individual members of the general public for personal use any consumer fireworks if the county, municipality or rural fire protection district by law or ordinance has declared that the sale or use of the consumer fireworks is prohibited.
(4) The manufacture, sale, use or discharge of fireworks may be regulated by the governing body of a rural fire protection district, subject to the following conditions:
(a) The regulation must be by ordinance adopted by the governing body of the district, after public notice and hearing, not later than January 1 of any calendar year in which regulation is to be operative.
(b) The regulation shall not be operative within the boundaries of any city that regulates such matters by city ordinance.
(c) The regulation shall not prohibit the manufacture, sale, use or discharge of fireworks the manufacture, sale, use or discharge of which is authorized by ORS 480.111 to 480.165.
(d) The regulation may not limit sales to less than five days per calendar year, and must include the five consecutive day period beginning June 30.

Legislative History

Amended by 1983 c.788 §7; 1985 c.789 §4; 1993 c.185 §32; 2013 c.24 §9