ORS 480.345
Conditions for operation of dispensing device by certain nonretail customers


Notwithstanding ORS 480.330 (Operation of gasoline dispensing device by public prohibited) and 480.340 (Coin-operated or self-service gasoline pumps prohibited), the owner, operator or employee of a dispensing facility may permit nonretail customers other than the owner, operator or employee to use or manipulate at the dispensing facility a card activated or key activated device for dispensing Class 1 flammable liquids into the fuel tank of a motor vehicle or other container under the following conditions:

(1)

The owner or operator shall hold a current nonretail facility license issued by the State Fire Marshal under ORS 480.350 (License required for operation of nonretail facility);

(2)

Except as provided in ORS 480.360 (Exemption from gallonage requirements of ORS 480.345), a nonretail customer shall purchase at least 900 gallons of Class 1 flammable liquids or diesel fuel from any source during a 12-month period or, if the amount of such liquids or fuel purchased is less than 900 gallons annually, file documentation that:

(a)

The fuel qualifies as a deductible farming expense on the customer’s federal income tax return;

(b)

The fuel was purchased by a governmental agency providing fire, ambulance or police services; or

(c)

The fuel was purchased by:

(A)

A people’s utility district organized under ORS chapter 261;

(B)

A domestic water supply district organized under ORS chapter 264;

(C)

A mass transit district organized under ORS 267.010 (Definitions for ORS 267.010 to 267.394) to 267.394 (Investment of certain funds held by TriMet);

(D)

A metropolitan service district organized under ORS chapter 268;

(E)

A special road district organized under ORS 371.305 (Authority to form special road districts) to 371.360 (Deposit of tax proceeds in bank);

(F)

A 9-1-1 communications district organized under ORS 403.300 (Definitions for ORS 403.300 to 403.380) to 403.380 (Advisory committee);

(G)

A sanitary district organized under ORS 450.005 (Definitions for ORS 450.005 to 450.245) to 450.245 (Application of ORS 450.005 to 450.245 to districts organized under former laws);

(H)

A sanitary authority, water authority or joint water and sanitary authority organized under ORS 450.600 (Joint authorities) to 450.989 (Apportionment of cost among serviced property owners);

(I)

A rural fire protection district organized under ORS chapter 478;

(J)

A water improvement district organized under ORS chapter 552;

(K)

A water control district organized under ORS chapter 553; or

(L)

A port organized under ORS chapter 777.

(3)

The nonretail customer shall provide a federal employer identification number or equivalent documentation to indicate participation in a business or employment with a government agency or nonprofit or charitable organization;

(4)

The nonretail customer, other than the owner or operator, dispensing Class 1 flammable liquids shall be employed by a business, government agency or nonprofit or charitable organization and shall dispense Class 1 flammable liquids only into the fuel tank of a motor vehicle or other container owned or used by the business, government agency or nonprofit or charitable organization;

(5)

The nonretail customer, other than the owner, operator or employee, dispensing Class 1 flammable liquids shall have satisfied safety training requirements in compliance with rules of the State Fire Marshal; and

(6)

The owner or operator shall enter into a written agreement with nonretail customers permitted under this section to dispense fuel at the nonretail facility. Except as otherwise provided in ORS 480.355 (Conditional use license), the agreement shall at a minimum:

(a)

Certify that the nonretail customer will purchase at least 900 gallons of Class 1 flammable liquids or diesel fuel from any source during a 12-month period or, if the amount of such liquids or fuel purchased is less than 900 gallons annually, file documentation that:

(A)

The fuel qualifies as a deductible farming expense on the customer’s federal income tax return; or

(B)

The fuel was purchased by a governmental agency providing fire, ambulance or police services;

(b)

Provide a federal employer identification number or equivalent documentation to indicate participation in a business or employment with a government agency or nonprofit or charitable organization;

(c)

Certify that the nonretail customer is employed by a business, government agency or nonprofit or charitable organization and that the nonretail customer shall dispense Class 1 flammable liquids only into the fuel tank of a motor vehicle or other container owned or used by the business, government agency or nonprofit or charitable organization;

(d)

Certify that the nonretail customer has satisfied safety training requirements in compliance with rules of the State Fire Marshal; and

(e)

Require the nonretail customer to submit a sworn statement, as defined in ORS 162.055 (Definitions for ORS 162.055 to 162.425), that the information supplied in the agreement is true and correct. [1991 c.863 §50; 1993 c.469 §7; 2001 c.328 §§1,2; 2010 c.107 §14; 2015 c.207 §1]

Source: Section 480.345 — Conditions for operation of dispensing device by certain nonretail customers, https://www.­oregonlegislature.­gov/bills_laws/ors/ors480.­html.

Notes of Decisions

Distinction between retail and nonretail customers does not violate section 20, Article I, Oregon Constitution. Southern Wasco County Ambulance Service v. State of Oregon, 156 Or App 543, 968 P2d 848 (1998), Sup Ct review denied

Authority of State Fire Marshal to issue licenses is not invalid due to vagueness. Southern Wasco County Ambulance Service v. State of Oregon, 156 Or App 543, 968 P2d 848 (1998), Sup Ct review denied

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
Green check means up to date. Up to date