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OREGON IND. DAY ASSOC. v. STATE FIRE MARSHALL

CA A35966.

721 P.2d 1389 (1986)

80 Or. App. 373

OREGON INDEPENDENCE DAY ASSOCIATION, INC., Petitioner, v. The STATE FIRE MARSHALL FOR the STATE OF OREGON, Respondent.

Court of Appeals of Oregon.

Decided July 23, 1986.

Attorney(s) appearing for the Case

Brendan Stocklin-Enright, Portland, argued the cause for petitioner. With him on the briefs was Moshofsky, Dilorenzo & Dietz, Portland.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Petitioner seeks review of a rule promulgated by the State Fire Marshall, which prohibits the sale of certain pyrotechnic devices known as "crazy jacks" and "jumping jacks." Petitioner argues that the rule is invalid, because it exceeds the rule making authority of the Fire Marshall in that the legislation on the subject of pyrotechnic devices is so specific as to preclude interpretive rule making.

Certain pyrotechnic devices, including "ground...

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