Or. Admin. R. 837-020-0085

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

Section 837-020-0085 - Nonretail and Conditional Nonretail Facility License Requirements

(1) Nonretail and Conditional Nonretail Facilities must obtain a valid license issued by the State Fire Marshal, prior to operating a Nonretail Facility or a Conditional Nonretail Facility.

(2) A separate license is required for each Nonretail Facility and Conditional Nonretail Facility.

(3) All initial facility licenses are valid for one year from the date of issue.

(4) In accordance with ORS 183.705, a renewal date of a facility license may be adjusted or prorated to correspond with existing State Fire Marshal licensing year dates,

(5) The State Fire Marshal will issue a license to the owner or operator if the owner or operator has:

(a) Complied with the requirements established by OAR 837-020-0040;

(b) Submitted a correctly completed application to the State Fire Marshal on forms supplied by the State Fire Marshal;

(c) Certified that the owner or operator will comply with all provisions of ORS 480.345, the OFC, and this division;

(d) Provided a blank copy of the form that will be used as the written agreement required under ORS 480.345 and OAR 837-020-0070;

(e) Paid the required application fee for each facility site and, if applicable, all annual account fees required in ORS 480.350;

(f) No outstanding Notice and Order of Correction violations;

(g) Has no outstanding civil penalties that are owed;

(h) Has no outstanding annual account fees.

(6) Any and all certification required by this section must be made in accordance with ORS 162.075.

(7) The owner or operator bears the burden of production and proof that the requirements of this Division, and all applicable rules of the State Fire Marshal have been satisfied.

(8) The State Fire Marshal may conduct an on-site inspection to determine compliance with OAR 837-020-0040 and other applicable fire and life safety laws prior to issuing a nonretail facility or conditional nonretail facility license to the owner or operator under section (4) of this rule.

(9) In addition to the requirements set forth in this section, owners or operators who wish to operate a dual operations facility, the owner or operator must provide to the State Fire Marshal, on State Fire Marshal forms, the specific hours and days when the owner or operator proposes to conduct only retail dispensing and the specific hours and days when the owner or operator proposes to conduct only nonretail dispensing.

(10) In addition to the requirements set forth in this section, owners or operators who wish to operate a conditional nonretail facility must comply with the following:

(a) A conditional nonretail facility may permit persons who are not otherwise qualified under OAR 837-020-0050 to dispense Class 1 Flammable Liquids if all conditions specified in this section are satisfied;

(b) After investigation and public hearing, and after considering the comments of local residents and government officials, the State Fire Marshal may issue a conditional nonretail license to an owner or operator for local non-commercial use if the State Fire Marshal finds:

(A) There is no facility where Class 1 Flammable Liquids are dispensed by attendants at retail, including dual operation facilities, within seven miles of the owner or operator's nonretail facility, and other undue hardship conditions exist. Such undue hardship conditions are determined on a case by case basis and may include, but are not limited to, road conditions, and volume and type of traffic in the affected area;

(B) The owner or operator has certified that the owner or operator will comply with the applicable provisions of ORS 480.345(1), (5), (6)(d), and (6)(e), and this division;

(C) The method of access to a Conditional Nonretail Facility only allows access to that specific Conditional Nonretail Facility and no other Nonretail Facility or Conditional Nonretail Facility.

(11) Within a given geographical area, applications for conditional nonretail licenses issued under this section are considered in order of priority of receipt. The date the State Fire Marshal actually receives the application determines its priority.

(12) A conditional nonretail license may not be renewed if the requirements of this section are not met at the time of application for renewal. There is no guarantee of continued operations under this section.

Or. Admin. R. 837-020-0085

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 6-2005, f. 5-24-05, cert. ef. 5-26-05; 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; 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 & 480.355

Statutes/Other Implemented: ORS 480.350 & 480.355