Or. Admin. Code § 837-020-0125

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

Section 837-020-0125 - Violations General and Violation Classes

(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;

(B) Facility address;

(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.

Or. Admin. Code § 837-020-0125

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 (and corrected 6-22-92); 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 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

Statutory/Other Authority: ORS 480.380

Statutes/Other Implemented: ORS 480.380 & 480.385