Oregon Administrative Rules
Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL
Division 20 - FLAMMABLE AND COMBUSTIBLE LIQUIDS
Section 837-020-0070 - Written Agreements
Universal Citation: OR Admin Rules 837-020-0070
Current through Register Vol. 63, No. 12, December 1, 2024
(1) The owner or operator must enter into a written agreement with nonretail customers and conditional use customers permitted under OAR 837-020-0050 to dispense Class 1 flammable liquids at the nonretail facility and conditional nonretail facility. Except as otherwise provided in ORS 480.355, the agreement must at a minimum:
(a) Certify
that the nonretail customer will purchase at least 900 gallons of Class 1
flammable liquids, including diesel fuel, from any source during a 12-month
period, or if the amount of Class 1 flammable, including diesel fuel, purchased
is less than 900 gallons annually, file documentation that:
(A) The fuel qualifies as a deductible
farming expense on the nonretail customer's current Schedule F of their federal
income tax return; or
(B) The fuel
was purchased by a governmental agency providing fire, ambulance or police
services;
(C) The nonretail
customer was a customer of a nonretail facility on and continuously since June
30, 1991, and meets all other requirements of OAR 837-020-0050.
(b) Provide a verifiable Federal
Employer Identification Number (FEIN) 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
will dispense Class 1 flammable liquids only into the fuel tank of a motor
vehicle or container owned or used by the business, government agency or
nonprofit or charitable organization;
(d) That all Class 1 flammable liquids
dispensed at nonretail facilities will be for business use only, and that the
nonretail customer is subject to a penalty if fueling a motor vehicle or
container for personal use; and
(e)
Certify that the nonretail customer or conditional use customer has satisfied
safety training requirements in compliance with rules of the State Fire
Marshal; and
(f) Require the
nonretail customer or conditional use customer to submit a sworn statement, as
defined in ORS
162.055,
that the information supplied in the agreement is true and correct.
(2) The requirements of subsections (1)(a), (b), (c), and (d) of this rule to not apply to conditional use customer agreements.
Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: ORS 480.345 & 480.355
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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