Or. Admin. R. 837-020-0045
Current through Register Vol. 63, No. 9, September 1, 2024
Section 837-020-0045 - Dispensing of Class 1 Flammable Liquids by the General Public(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:(a) Post one or more notification signs that are visible from each dispenser or island access point and are clearly readable by the operator of a motor vehicle stating which fueling Dispensing Devices are designated for self-service and which fuel Dispensing Devices are designated for attended service by an owner, operator, or employee of the facility.(b) Designate at least one person from the facility who is readily available to provide attended service at designated attended service dispensing devices upon request.(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.Or. Admin. R. 837-020-0045
FM 5-1990, f. 7-13-90, cert. ef. 10-15-90; FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92; FM 4-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 1-2002, f. & cert. ef. 2-25-02; OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07; OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018; OSFM 2-2020, temporary amend filed 03/28/2020, effective 03/28/2020 through 04/30/2020; OSFM 3-2020, temporary amend filed 05/01/2020, effective 05/01/2020 through 05/31/2020; OSFM 4-2020, temporary suspends temporary OSFM 3-2020, filed 05/22/2020, effective 05/24/2020 through 05/31/2020; OSFM 3-2024, amend filed 05/31/2024, effective 5/31/2024Statutory/Other Authority: ORS 476 & 480.380
Statutes/Other Implemented: ORS 480.330 & 480.345