Current through Register Vol. 63, No. 12, December 1, 2024
(1) Nonretail Facility and Conditional
Nonretail Facility operators desiring to engage in Nonretail Facility or
Conditional Nonretail Facility operations must comply with all applicable
state, federal and local laws, rules and regulations including, but not limited
to:
(a) ORS
480.310 through
480.385;
(b) OAR 837-020-0025 through
837-020-0130;
(c) Oregon Fire Code
(OFC), Current Edition;
(d) OAR
chapter 837, division 85, Hazardous Substance Inventory reporting under the
Oregon Community Right to Know and Protection Act; and
(e) NFPA 30 and 30A, Current
Edition.
(2) In addition
to other applicable provisions of law, each Nonretail Facility and Conditional
Nonretail Facility must meet the following requirements as per OAR
837-020-0040:
(a) Instructions for the
operation of nonretail dispensers must be clearly and conspicuously
posted;
(b) Locations of all fire
extinguishers must be clearly and conspicuously posted;
(c) All fire extinguishers must be installed
and maintained as required by Oregon Fire Code and NFPA 10;
(d) All fire extinguishers must be readily
accessible and immediately available for use to all persons at all
times.
(e) Have adequate lighting
so the fuel dispensing area is sufficiently illuminated at all times when it is
available for use;
(f) All
applicable provisions of the OFC must be met.
(3) All Nonretail Facilities and Conditional
Nonretail Facilities must have the following signs posted. These signs must be
conspicuously posted within sight from each Class 1 Flammable Liquid dispenser
and readable from a distance of at least ten feet and state:
(a) The Nonretail Facility or Conditional
Nonretail Facility address;
(b) The
telephone number of the owner or operator of the facility;
(c) Do not fill unapproved
containers;
(d) It is a violation
of law, subject to penalty, to dispense Class 1 Flammable Liquids without first
receiving the training required by OAR 837-020-0055; and
(e) It is a violation of law, subject to
penalty, to dispense Class 1 Flammable Liquids for personal use or into motor
vehicles or containers not owned or used by a business, government, non-profit,
or charitable organization, per ORS
480.345(4),
(not required at Conditional Nonretail Facilities).
(f) Persons dispensing fuel must remain
outside the vehicle being fueled, with the fueling nozzle in full view at all
times.
(4) In addition
to the provisions required by OAR 837-020-0040, Retail and Nonretail Dual
Operation Facilities, where the retail and nonretail dispenser islands are
separated by distance and dispensing operations occur during the same hours,
must:
(a) Have signs visible from each
driveway access point identifying the retail and nonretail dispenser islands.
These signs must be readily visible and readable, be at least three feet by
four feet in size, and have a minimum height of six inch letters on a
contrasting background;
(b) Have
nonretail dispenser islands separated from retail dispenser islands by a space
of at least 50 feet. Nonretail and retail dispenser islands may be separated by
a distance of no less than 20 feet, provided prior approval is given by the
State Fire Marshal, and that one of the following barriers is present:
(A) An approved solid physical barrier or a
solid wall at least four feet high, constructed of fire resistive materials,
and which runs the entire length of the pump island; or
(B) A fire resistive building, meeting the
requirements of the building code.
(c) Unless pump islands are separated by at
least 50 feet or 20 feet with an approved barrier, retail and nonretail
dispensing may not occur during the same hours at a facility.
(5) Nonretail Facilities in Rural
Oregon counties that are not a Dual Operations Facility but allow retail
dispensing from the nonretail dispensers, are not subject the requirements of
OAR 837-020-0040 (4)(a) through (c).
(6) Where retail and nonretail dispensing is
separated only by time, signs must be visible from each driveway access point
and each Class 1 Flammable Liquid dispensing pump stating the days and hours
when the separate retail and nonretail operations occur. These signs must be
readily visible and readable, be at least three feet by four feet in size, and
have a minimum height of six inch letters on a contrasting
background.
(7) At least 45 days
prior to the start of intended operations, the facility owner or operator of
each new Nonretail Facility and Conditional Nonretail Facility covered by OAR
837-020-0040 must file the appropriate license application forms and
certifications with the State Fire Marshal.
(8) Owners and operators of Nonretail
Facilities and Conditional Nonretail Facilities must notify the State Fire
Marshal in writing;
(a) Within fifteen days of
a Nonretail or Conditional Nonretail Facility closing or the transaction of a
facility being sold having been completed. If the facility is being closed or
converted to a retail only facility, the owner or operator must relinquish the
nonretail or conditional nonretail license for that facility issued by the
State Fire Marshal at the same time as submitting their written
notification;
(b) Within thirty
days of the owner or operator business closing or the transaction of the
business being sold or merging with another company having been
completed.
(9) No later
than 90 days prior to commencing retail sales at a Nonretail or Conditional
Nonretail Facility under ORS
480.341 (4) the
owner or operator of that facility shall notify the State Fire Marshal in
writing they plan to dispense Class 1 Flammable Liquids at retail.
Publications: Publications referenced are available from the
agency.
Statutory/Other Authority: ORS
480.380
Statutes/Other Implemented: ORS
480.310 -
480.385