OAR 837-012-0560: Civil and Criminal Enforcement Actions

(1) The Department of the State Fire Marshal, local fire authority, or law enforcement authority may confiscate, remove or have removed any fireworks, retail fireworks, display fireworks, or pest control fireworks offered for sale, sold, provided, transported, purchased or otherwise obtained, stored, possessed, used or discharged in violation of ORS 480.111 through 480.165 or OAR chapter 837, division 12. (2) The wholesale permit holder, or any other person responsible for any violation or violations, may be responsible for payment of the agency’s costs in confiscating or removing any fireworks, retail fireworks, display fireworks, or pest control fireworks pursuant to subsection (1) of this rule. (3) Upon finding a violation, the Department of the State Fire Marshal may order that any confiscated fireworks, retail fireworks, display fireworks, or pest control fireworks be: (a) Returned to the manufacturer of the fireworks, retail fireworks, display fireworks, or pest control fireworks; or (b) Disposed of in any manner approved by the Department of the State Fire Marshal, including destruction of the fireworks, retail fireworks, display fireworks, or pest control fireworks.