Current through Register Vol. 63, No. 12, December 1, 2024
(1) If at any time
the State Fire Marshal finds that the owner or operator of a retail, nonretail,
or conditional use facility is found to be out of compliance with any
requirement established by ORS
480.310 through
480.385, or OAR 837-020-0025 through 837-020-0130, it may impose a civil penalty of up to $500 for each
violation as authorized by ORS
480.385. All penalties are
imposed in accordance with the following penalty matrix established by the
State Fire Marshal.
(2) The
violation classification established in OAR 837-020-0130 will be used to
determine the penalty amount that will be assessed.
(3) Penalties will be suspended based on the
instance of a violation.
(4) The
violation instance is determined by the number of times a person, individual,
owner, or operator is found to have committed the same violation of any single
requirement established in ORS
480.310 through
480.385, and OAR 837-020-0025 through 837-020-0130.
(5) Class I
violation. Owners or operators of nonretail or conditional use facilities are
considered to have committed a Class I Violation if:
(a) The owner or operator does not have
documentation on file at the time of the audit showing a nonretail customer is
eligible to be a nonretail customer. The required documentation includes:
(A) Proof of business or
eligibility;
(B) Proof of meeting
the 900 gallon requirement;
(C) A
signed agreement that meets the requirements.
(b) Facility license applications are not
received by the State Fire Marshal by the due date;
(c) Any of the following signs required to be
present at a facility are missing, not legible, not located as required, not of
the required minimum size, or in a condition so that it does not meet the
intent of the requirement:
(A) Instructions
for the operation of nonretail dispensers;
(C) Telephone number of the owner or
operator;
(D) It is a violation of
law to dispense Class 1 Flammable Liquids without first receiving the training
required by OAR 837-020-0055;
(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);
(F) Identifying retail and nonretail
dispensers or islands where dual operations separated by distance are being
operated;
(G) Identifying the days
and hours of retail and nonretail operations where those are separated by
time.
(d) The owner or
operator does not certify the violations listed on a Notice and Order of
correction have been abated by the date abatement is required for any Class I
violations;
(e) The documentation
required by OAR 837-020-0077(16) is not available or provided when
requested.
(6) Class II
violations. Owners or operators of Nonretail, conditional use, or Retail
Facilities are considered to have committed a Class II violation if:
(a) The owner or operator does not have
documentation on file at the time of the audit showing a nonretail customer has
received and read or watched the required safety raining;
(b) Any of the following signs required to be
present at a facility are missing, not legible, not located as required, or in
a condition so that it does not meet the intent of the requirement:
(A) Clearly identifying the location of the
emergency fuel shut off device;
(B)
Location of the fire extinguishers;
(C) Smoking is prohibited;
(D) Vehicle engines must be shut off while
fueling;
(E) Do not fill unapproved
containers;
(F) Portable containers
must be removed from inside the trunk, passenger compartment, or truck bed of a
vehicle and placed on the ground before filling;
(G) Discharge your static electricity before
fueling by touching a metal surface away from the nozzle;
(H) To prevent static charge, do not re-enter
your vehicle while a Class 1 Flammable Liquid is being dispensed;
(I) If a fire starts, do not remove nozzle.
Use emergency fuel shut off;
(J)
Persons dispensing fuel must remain outside the vehicle being fueled, with the
fueling nozzle in full view at all times;
(K) Other signs required by Oregon Fire
Code.
(c) Fire
extinguishers are not installed, accessible or maintained as
required;
(d) Facility does not
have adequate lighting at all times when the facility is available for
use;
(e) Proper drainage grades and
curbs are not situated to prevent any spills from flowing towards any building
or other pump islands;
(f) If a
fire alarm transmitting device or a telephone not requiring a form of payment
to operate is not provided and accessible at the facility during all hours of
operation or if such device is not maintained in good working order, or if such
device does not operate;
(g) Retail
and nonretail dispensing that occurs during the same hours of operation and
separated by distance, is not separated by the required minimum distance or
barrier;
(h) Other provisions
required by Oregon Fire Code;
(i)
Required facility equipment is not present, not working, or not maintained to
be in good working order or good condition;
(j) The owner or operator does not certify
the violations listed on a Notice and Order of correction have been abated by
the date abatement is required for any Class II violations.
(k) A retail facility in a Non-Rural county,
does not post signs that identify which dispensers are designated for attended
service and self-service.
(l) Signs
that identify which dispensers are designated for attended service and
self-service are not clearly readable by the operator of a motor vehicle or are
not visible from each dispenser or island access point.
(m) A retail facility in a Non-Rural county
designates more than one half of the operable Class 1 Flammable Liquid
dispensers for self-serve or regularly allows self-serve of Class 1 Flammable
Liquids to occur at more than half of the operable Class 1 Flammable Liquid
dispensers.
(7) Class
III violation. Owners or operators of nonretail facilities, conditional use
facilities, or retail facilities, or nonretail customers are considered to have
committed a Class III violation if:
(a) The
owner or operator of a retail, nonretail, or conditional use facility allows
unauthorized dispensing of Class 1 flammable liquids;
(b) The owner or operator of a nonretail or
conditional use facility operates such a facility without the required license
issued by the state fire marshal;
(c) The owner or operator of a nonretail or
conditional use facility knowingly falsifies any of the information required to
be included on the facility license application;
(d) The owner or operator of a nonretail or
conditional use facility did not provide the required safety training to a
nonretail or conditional use customer prior to giving them access to dispense
Class one flammable liquids;
(e)
The nonretail customer does not completely review the required safety training
information as required under ORS
480.345 (5);
(f) The owner or operator of a nonretail or
conditional use facility does not certify the deficiencies listed on a Notice
and Order of correction have been abated by the date abatement is required for
any Class III violations.
(g) A
Retail station in a Non-Rural county does not designate at least one person
from the facility who is readily available to provide attended service at
designated attended service dispensing devices upon request or when a person is
designated to provide assistance upon request, denies providing such
assistance.
(h) A retail facility
in a Rural Oregon county that has retail space providing goods or services,
other than goods or services for maintaining, repairing or cleaning a motor
vehicle, does not make an owner, operator, or employee available for dispensing
Class 1 Flammable Liquids after 6:00 AM and before 6:00 PM.
(i) A retail facility in a Non-Rural county
is regularly allowing self-serve to occur without designating which Class 1
Flammable Liquid dispenser devices are for self-serve and are for attended
service or has made the designations but is not regularly adhering to
it.
(j) A retail facility in a
Non-Rural county charges a different price for self-serve and attended service
of Class 1 Flammable Liquids.
(8) Class IV violation. Owners, operators, or
employees of Nonretail or Conditional use facilities are considered to have
committed a Class IV violation if:
(a) The
owner or operator refuses to abate a violation ordered on a Notice and Order of
Correction;
(b) The owner or
operator falsely certifies they abated the violations listed on a Notice and
Order of Correction when the violations were not abated.
(c) A retail facility in a Non-Rural county
allows self-serve dispensing of Class 1 Flammable liquids during hours that an
owner, operator, or employee is not available for the dispensing of Class 1
Flammable liquids.
(d) A retail
facility does not have the required signage notifying persons with a disability
that refueling assistance may be requested and how to request it.
(e) A retail facility has charged a person
with a disability an additional fee or a higher per gallon price for providing
refueling assistance of Class 1 Flammable Liquids pursuant to ORS
480.344.
(f) A retail facility fails to provide
attended service as required pursuant to ORS
480.344.