Oregon Administrative Rules
Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL
Division 20 - FLAMMABLE AND COMBUSTIBLE LIQUIDS
Section 837-020-0045 - Dispensing of Class 1 Flammable Liquids by the General Public
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Owners or operators of facilities located in Non-Rural Oregon counties where Class 1 Flammable Liquids are dispensed at retail may not designate more than one half of the operable Class 1 Flammable Liquid Dispensing Devices for self-service than are designated for attended service by an owner, operator, or employee of the facility.
(2) A Retail Facility in Non-Rural Oregon counties offering Dispensing Devices for self-serve of Class 1 Flammable Liquids must:
(3) Except as provided in ORS 480.341 and subsection (7) of this section, a filling station, service station, garage or other dispensary may allow self-service dispensing of Class 1 Flammable Liquids at retail only during hours that the dispensary makes an owner, operator, or employee of the dispensary available for the dispensing of Class 1 Flammable Liquids.
(4) The price charged for grades of Class 1 Flammable Liquids must be identical at a self-service fuel Dispensing Device and at any fuel Dispensing Device reserved for use by an owner, operator, or employee of a dispensary.
(5) Owners or operators of facilities located in Rural Oregon where Class 1 Flammable Liquids are dispensed at retail may allow an individual other than the owner, operator, or their employees to manipulate a pump, hose, pipe, or other device used to dispense Class 1 Flammable Liquids into a fuel tank of a motor vehicle or approved container, regardless of whether an owner, operator, or employee of the dispensary is present at the dispensary.
(6) Dispensing that occurs under the provisions of section (5) of this rule at a site that includes retail space providing goods or services other than goods or services for maintaining, repairing, or cleaning a motor vehicle shall make an owner, operator or employee available to dispense Class 1 Flammable Liquids during the time after 6:00 a.m. and before 6:00 p.m.
(7) Individuals other than owners, operators, and employees of a Nonretail Facility may be authorized to dispense Class 1 Flammable Liquids at Nonretail Facilities if such individuals meet the requirements of ORS 480.310 through 480.385 and OAR 837-020-0025 through 837-020-0130.
(8) The customers referenced in section (7) of this rule are Nonretail Customer and authorized to dispense Class 1 Flammable Liquids at Nonretail Facilities in counties where the self-serve of such liquids is regulated.
(9) Owners, operators, and employees of Nonretail Facilities located in Rural Oregon may allow the dispensing of Class 1 Flammable Liquids by the general public as a Retail Customer. These individuals are exempt from the requirements nonretail and conditional customers are subject to and are not authorized to dispense such liquids in counties where the self-serve of such liquids is regulated.
(10) A motorcyclist operating their motorcycle, as defined in ORS 801.365, may dispense Class 1 Flammable Liquids into their motorcycle, regardless of whether an owner, operator, or employee of the dispensary offers use of self-service fuel Dispensing Devices for use by customers.
(11) Aviation fuel may be dispensed by a member of the general public for the purpose of fueling an aircraft at airports permitted by the Oregon Department of Aviation.
Statutory/Other Authority: ORS 476 & 480.380
Statutes/Other Implemented: ORS 480.330 & 480.345