Or. Admin. R. 837-020-0080

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-020-0080 - Nonretail Fuel Dispensing During a Governor Declared Emergency

(1) During an emergency as defined in ORS 401.025, a nonretail facility may permit individuals who are not otherwise qualified under ORS 480.345 to dispense Class 1 flammable liquids if all conditions specified in this section are satisfied.

(2) The owner or operator of the nonretail facility holds a valid nonretail facility license issued by the State Fire Marshal;

(3) The owner or operator has paid an application fee for each nonretail facility and customer fees required in ORS 480.350.

(4) The owner or operator has provided a blank copy of the form required by ORS 480.345 and OAR 837-020-0070 that will be used as the written agreement between the owner or operator and nonretail customer that outlines the safety training and emergency procedures to be used at the nonretail facility.

(5) The nonretail customer and the owner or operator of the nonretail facility have entered into a written agreement that meets the requirements of OAR 837-020-0070.

(6) The Class 1 flammable liquid is dispensed only into a motor vehicle or container of an emergency service agency as defined in ORS 401.025 or to an entity authorized by an emergency service agency to provide services during an emergency.

(7)

(a) The nonretail customer, other than the owner or operator, is an emergency service worker as defined in ORS 401.025 and dispenses Class 1 flammable liquids only into the fuel tank of a motor vehicle or container owned or used by the emergency service agency; or

(b) An owner or employee of the entity authorized by the emergency service agency to provide services during an emergency and dispenses Class 1 flammable liquids only into the fuel tank of a motor vehicle or other container owned or used by the entity authorized by that agency to provide services during an emergency.

(8) The nonretail customer, other than the owner or operator or employee, dispensing Class 1 flammable liquids satisfies safety training requirements of OAR 837-020-0055.

(9) The owner or operator is responsible to bear the burden of production and proof that the requirements of OAR 837-020-0040, and any other rules of the State Fire Marshal have been satisfied.

Or. Admin. R. 837-020-0080

OSFM 1-2002, f. & cert. ef. 2-25-02; OSFM 10-2002, f. & cert. ef. 12-6-02; OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07; OSFM 3-2012, f. & cert. ef. 1-24-12; OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018

Statutory/Other Authority: ORS 480.347

Statutes/Other Implemented: ORS 480