Or. Admin. Code § 837-020-0040

Current through Register Vol. 63, No. 11, November 1, 2024

Section 837-020-0040 - General

(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.

Or. Admin. Code § 837-020-0040

FM 4-1992, f. 6-15-92, cert. ef. 7-15-92; FM 2-1995, f. 10-11-95, cert. ef. 10-16-95; OSFM 1-2002, f. & cert. ef. 2-25-02; OSFM 10-2002, f. & cert. ef. 12-6-02; OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05; OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07; OSFM 7-2008, f. 9-26-08, cert. ef. 10-1-08; OSFM 9-2012, f. & cert. ef. 10-2-12; OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018; OSFM 3-2024, amend filed 05/31/2024, effective 5/31/2024

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 480.380

Statutes/Other Implemented: ORS 480.310 - 480.385