ORS 480.315
Policy


Mentioned in

An Oregon union wants to end self-serve fuel, months after it began

OPB, October 25, 2023

“‘It has…put people out of work, made [getting gas] less accessible and made stations more dangerous. The only pro side is if you’re an oil company.’”
 
Bibliographic info

Power at the gas pump: Oregon lets drivers fuel their own cars, lifting decades-old self-serve ban

Associated Press, August 4, 2023

“When Oregon prohibited self-service in 1951, lawmakers cited safety concerns…”
 
Bibliographic info

The Legislative Assembly declares that, except as provided in ORS 480.345 (Conditions for operation of dispensing device by certain nonretail customers) to 480.385 (Civil penalty for gasoline dispensing law violations), it is in the public interest to maintain a prohibition on the self-service dispensing of Class 1 flammable liquids at retail. The Legislative Assembly finds and declares that:

(1)

The dispensing of Class 1 flammable liquids by dispensers properly trained in appropriate safety procedures reduces fire hazards directly associated with the dispensing of Class 1 flammable liquids;

(2)

Appropriate safety standards often are unenforceable at retail self-service stations in other states because cashiers are often unable to maintain a clear view of and give undivided attention to the dispensing of Class 1 flammable liquids by customers;

(3)

Higher liability insurance rates charged to retail self-service stations reflect the dangers posed to customers when they leave their vehicles to dispense Class 1 flammable liquids, such as the increased risk of crime and the increased risk of personal injury resulting from slipping on slick surfaces;

(4)

The dangers of crime and slick surfaces described in subsection (3) of this section are enhanced because Oregon’s weather is uniquely adverse, causing wet pavement and reduced visibility;

(5)

The dangers described in subsection (3) of this section are heightened when the customer is a senior citizen or has a disability, especially if the customer uses a mobility aid, such as a wheelchair, walker, cane or crutches;

(6)

Attempts by other states to require the providing of aid to senior citizens and persons with disabilities in the self-service dispensing of Class 1 flammable liquids at retail have failed, and therefore, senior citizens and persons with disabilities must pay the higher costs of full service;

(7)

Exposure to toxic fumes represents a health hazard to customers dispensing Class 1 flammable liquids;

(8)

The hazard described in subsection (7) of this section is heightened when the customer is pregnant;

(9)

The exposure to Class 1 flammable liquids through dispensing should, in general, be limited to as few individuals as possible, such as gasoline station owners and their employees or other trained and certified dispensers;

(10)

The typical practice of charging significantly higher prices for full-service fuel dispensing in states where self-service is permitted at retail:

(a)

Discriminates against customers with lower incomes, who are under greater economic pressure to subject themselves to the inconvenience and hazards of self-service;

(b)

Discriminates against customers who are elderly or have disabilities who are unable to serve themselves and so must pay the significantly higher prices; and

(c)

Increases self-service dispensing and thereby decreases maintenance checks by attendants, which results in neglect of maintenance, endangering both the customer and other motorists and resulting in unnecessary and costly repairs;

(11)

The increased use of self-service at retail in other states has contributed to diminishing the availability of automotive repair facilities at gasoline stations;

(12)

Self-service dispensing at retail in other states does not provide a sustained reduction in fuel prices charged to customers;

(13)

A general prohibition of self-service dispensing of Class 1 flammable liquids by the general public promotes public welfare by providing increased safety and convenience without causing economic harm to the public in general;

(14)

Self-service dispensing at retail contributes to unemployment, particularly among young people;

(15)

Self-service dispensing at retail presents a health hazard and unreasonable discomfort to persons with disabilities, elderly persons, small children and those susceptible to respiratory diseases;

(16)

The federal Americans with Disabilities Act, Public Law 101-336, requires that equal access be provided to persons with disabilities at retail gasoline stations; and

(17)

Small children left unattended when customers leave to make payment at retail self-service stations creates a dangerous situation. [1991 c.863 §49a; 1999 c.59 §160; 2007 c.70 §276]
480.010
Labels for blasting powder and fuse
480.020
Prohibition against sale of bad powder
480.030
Fuse unfit for use and sale
480.040
Sale, exchange or possession, when unlawful
480.050
Prohibition against intrastate transportation of explosives in passenger vehicle operated by common carrier
480.060
Transportation of certain explosives prohibited
480.070
Fire bombs prohibited
480.085
Requirement for removal of unused explosives from work area
480.095
Penalty and civil liability for violation of ORS 480.085
480.111
Definitions for ORS 480.111 to 480.165
480.120
Sale, possession and use of fireworks prohibited
480.123
Use for repelling birds or other animals
480.124
Use for control of predatory animals allowed
480.127
Permit for retail sale of consumer fireworks
480.130
Permit for fireworks display
480.140
Fireworks displays to be under supervision of police and fire department chiefs or county court
480.150
Permits for fireworks sales or displays
480.152
Publication of advertisement for sale of unlawful fireworks prohibited
480.154
Manufacturer or wholesaler required to maintain records of sale of fireworks
480.156
Sale of fireworks to out-of-state resident without valid license or permit prohibited
480.158
Parents of minor liable for costs incurred in suppressing fires caused by use of fireworks by minor
480.160
Local regulation and effect of state law
480.165
Civil penalty for fireworks law violations
480.200
Definitions for ORS 480.200 to 480.290
480.205
Application
480.210
Certificate, license or permit required
480.215
Transfer of explosives limited
480.225
Eligibility for certificate of possession
480.230
Application for certificate of possession
480.235
Waiting period for issuance of certificate of possession
480.239
Application for renewal of certificate of possession
480.244
Storage facility approval
480.265
Report of loss, theft or unlawful removal of explosives required
480.270
Revocation or suspension for violations
480.275
Hearings on denial, suspension or revocation of certificate
480.280
Administration and enforcement by State Fire Marshal
480.290
Requirements for person driving vehicle transporting explosives
480.310
Definitions for ORS 480.315 to 480.385
480.315
Policy
480.320
Use of coin-operated pumps and dispensing of gasoline by self-service declared hazardous
480.330
Operation of gasoline dispensing device by public prohibited
480.340
Coin-operated or self-service gasoline pumps prohibited
480.341
Customer operation of gasoline dispensing device in low-population county of eastern Oregon
480.343
Customer operation of gasoline dispensing device in specified coastal counties
480.344
Equal access for persons with disabilities
480.345
Conditions for operation of dispensing device by certain nonretail customers
480.347
Use of gasoline dispensing device by emergency service volunteer
480.349
Use of gasoline dispensing device by motorcycle operator
480.350
License required for operation of nonretail facility
480.355
Conditional use license
480.360
Exemption from gallonage requirements of ORS 480.345
480.365
Suspension, revocation, refusal to issue or renew nonretail facility license
480.370
Subpoenas for investigation
480.375
Safety inspection of facilities by State Fire Marshal
480.380
Rules
480.385
Civil penalty for gasoline dispensing law violations
480.390
Nonretail facilities at airports
480.410
Definition
480.420
Liquefied petroleum gas rules and regulations
480.430
Liquefied petroleum gas containers
480.432
Licenses required
480.434
Examination of applicants for licenses
480.435
Licenses
480.436
License fees
480.440
Inspection of certain storage tanks
480.445
Regulation of liquefied petroleum gas container or receptacle siting and installation
480.450
Notice of new installations
480.460
Disposition of fees
480.510
Short title
480.515
Definitions for ORS 480.510 to 480.670
480.520
Purpose of ORS 480.510 to 480.670
480.525
Exempt vessels
480.530
Powers and duties of department
480.535
Board of Boiler Rules
480.540
Term of members
480.545
Rules
480.550
Minimum safety standards
480.555
Prohibitions relating to nonconforming vessels
480.560
Inspections
480.565
Chief and deputy inspectors
480.570
Inspections by special inspectors or others
480.580
Access to buildings and premises by inspectors
480.585
Temporary operation authorization
480.595
Permits
480.600
Special provisions on permit and inspection fees
480.605
Miscellaneous fees
480.610
Disposition of fees
480.615
Appeals
480.630
Licensing of boiler contractors and persons installing, altering or repairing boilers or pressure vessels
480.632
Employment of unlicensed worker prohibited
480.634
Exemption of journeyman plumber for certain activities
480.640
When court action not available
480.645
Standardized examination
480.647
Quality control procedures for welding on nonboiler external piping
480.660
Notice of violation
480.670
Civil penalty for Boiler and Pressure Vessel Law violations
480.990
Penalties
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