(1) "Cone fountain" means a cardboard or heavy paper cone that:

(a) Contains 50 grams or less of pyrotechnic composition;

(b) If mounted on a common base with other cones having less than one-half inch of separation, results, when measured in combination with all other cones on the base, in a total pyrotechnic composition of not more than 200 grams;

(c) If mounted on a common base with other cones having at least one-half inch of separation, results, when measured in combination with all other cones on the base, in a total pyrotechnic composition of not more than 500 grams; and

(d) Upon ignition has the same effect as a cylindrical fountain.

(2) "Consumer fireworks" means:

(a) A cone fountain, a cylindrical fountain, a flitter sparkler, a ground spinner, an illuminating torch or a wheel, or a combination of two or more of those items; and

(b) Any other items, other than exempt fireworks, containing 500 grams or less of pyrotechnic composition that the State Fire Marshal recognizes by rule to be suitable for retail sale to members of the general public for individual use.

(3) "Cylindrical fountain" means a cylindrical tube that:

(a) Contains 75 grams or less of pyrotechnic composition;

(b) If mounted on a common base with other tubes having less than one-half inch of separation, results, when measured in combination with all other tubes on the base, in a total pyrotechnic composition of not more than 200 grams;

(c) If mounted on a common base with other tubes having at least one-half inch of separation, results, when measured in combination with all other tubes on the base, in a total pyrotechnic composition of not more than 500 grams;

(d) Upon ignition produces a shower of colored sparks and may produce a whistling effect; and

(e) Is provided with a means for restraining the behavior of the item, such as a spike for insertion into the ground, a wood or plastic base for placing on the ground or, if designed to be handheld, a wood or cardboard handle.

(4) "Display fireworks" means pyrotechnic devices that:

(a) Are designed for travel into the air or to project effects from a fixed position; and

(b)(A) Are classified by the United States Department of Transportation as Division 1.3 compatibility group G explosives or Division 1.4 compatibility group G explosives; or

(B) Contain more than 500 grams of pyrotechnic composition and are classified by the United States Department of Transportation as Division 1.4 compatibility group E or S explosives.

(5) "Exempt fireworks" means the following:

(a) Paper caps containing 0.25 grains or less of explosive mixture and toy guns, canes or other devices designed for firing those caps.

(b) Snakes or similar smoke-producing items containing 100 grains or less of combustible substances.

(c) Model rockets and model rocket motors that are used to propel recoverable models of rocket.

(d) Novelties and trick noisemakers.

(e) Emergency signaling devices, if used in railroad, boat, motor vehicle or other means of transportation for warning or illumination purposes.

(f) Blank cartridges of a type used:

(A) For theater or other shows;

(B) For signaling or ceremonial purposes in athletics or sports; or

(C) By the militia, an organization of war veterans or other organizations, if parading an armed color guard.

(g) Cartridges, shells or gunpowder for use in legally permitted types of firearms.

(h) Military pyrotechnic and signaling devices classified by the United States Department of Transportation as Division 1.4 compatibility group S explosives that are assigned to and in the possession of the Armed Forces of the United States, or an authorized agent of the armed forces, as inventory for use by the armed forces or agent in training active members of the armed forces in their duties.

(i) Other items that in the judgment of the State Fire Marshal do not require regulation or restrictions on sale.

(6) "Explosive mixture" means a substance arranged in a manner to allow burning in less than one second.

(7)(a) "Fireworks" means:

(A) Consumer fireworks;

(B) Display fireworks;

(C) Exempt fireworks;

(D) Pyrotechnic articles;

(E) Special effects; and

(F) Other pyrotechnic devices that:

(i) Are capable of producing audible, visual, mechanical or thermal effects through combustion, deflagration or detonation; and

(ii) Contain chemical elements and compounds that are capable of burning independently of atmospheric oxygen or contain flammable liquid mixtures or flammable gas mixtures.

(b) "Fireworks" does not mean a candle, flaming club, flaming baton or other device that is designed to keep the flame and thermal radiation in close proximity to the device.

(8) "Fireworks display" means an entertainment feature at which the public or a private group is allowed to view a display or discharge that uses or explodes display fireworks or pyrotechnic articles.

(9) "Flitter sparkler" means a narrow paper tube that:

(a) Contains five grams or less of pyrotechnic composition;

(b) Produces colored sparks upon ignition; and

(c) Is activated by igniting paper located at one end of the tube.

(10) "Ground spinner" means a small device similar to a wheel in design and effect that:

(a) Contains 20 grams or less of pyrotechnic composition;

(b) Vents from an orifice located on the side of the tube or elsewhere on the device; and

(c) When placed on the ground and ignited, spins rapidly and produces a shower of colored sparks.

(11) "Illuminating torch" means a cylindrical tube that:

(a) Contains 100 grams or less of pyrotechnic composition; and

(b) Is provided with a means for restraining the behavior of the item, such as a spike for insertion into the ground, a wood or plastic base for placing on the ground or, if designed to be handheld, a wood or cardboard handle.

(12) "Local government" has the meaning given that term in ORS 174.116.

(13)(a) "Manufacture" means to make, construct, fabricate or produce fireworks.

(b) "Manufacture" does not mean:

(A) The assembly or fabrication of sets or mechanical pieces for fireworks displays; or

(B) Actions taken within the scope of a certification for conducting fireworks displays or for a pyrotechnics operator.

(14) "Pyrotechnic articles" means devices that:

(a) Are designed for professional use;

(b) Are similar to consumer fireworks in chemical composition and construction;

(c) Contain 500 grams or less of pyrotechnic composition;

(d) Are not labeled as consumer fireworks; and

(e) Have identification numbers UN0431 or UN0432 in the United States Department of Transportation Hazardous Materials Table set forth in 49 C.F.R. 172.101 or an amendment or replacement of that identification standard recognized by the State Fire Marshal.

(15) "Pyrotechnic composition" means a mixture that is:

(a) Composed of a metal powder having a high combustion temperature and an oxidant; and

(b) Capable of an exothermic reaction that produces light, heat, smoke, sound or gas.

(16) "Pyrotechnic device" means consumer fireworks, display fireworks, pyrotechnic articles, special effects and bird and animal control devices, and other combinations or compositions of materials, that produce audible, visual, mechanical or thermal effects.

(17) "Special effects" means articles containing pyrotechnic composition that, subject to authorization from the appropriate jurisdiction, are:

(a) Manufactured, assembled, designed or discharged in connection with television, theater or motion picture productions, concerts or conference centers; or

(b) Used for commercial, industrial, educational, recreational or entertainment purposes.

(18) "Wheel" means a pyrotechnic device that:

(a) Is designed to be attached to a post or tree by means of a nail or string;

(b) Has one or more driver units or tubes, each containing not more than 60 grams of pyrotechnic composition;

(c) Contains a total of not more than 200 grams of pyrotechnic composition; and

(d) Upon ignition revolves and produces a shower of colored sparks and may produce a whistling effect. [2013 c.24 §2]