Chapter 285 Oregon Laws 2001
AN ACT
SB 106
Relating to nonretail
fueling at airports; creating new provisions; amending ORS 480.330, 480.340 and
480.355; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 480.330 is amended to read:
480.330. [No] An owner, operator or employee of [any] a filling station, service station, garage or other dispensary
where Class 1 flammable liquids, except
aviation fuels, are dispensed at retail[,
shall] may not permit any person
other than the owner, operator or employee to use or manipulate any pump, hose,
pipe or other device for dispensing [such]
the liquids into the fuel tank of a
motor vehicle or other retail container.
SECTION 2.
ORS 480.340 is amended to read:
480.340. [No] An owner, operator or employee of [any] a filling station, service station, garage or other dispensary
where Class 1 flammable liquids, except
aviation fuels, are dispensed at retail[,
shall] may not install or use[,] or permit the use of[, any]:
(1) A coin-operated or
self-service dispensing device for [such]
the liquids.
(2) [No owner, operator or employee of any
filling station, service station, garage or other dispensary where Class 1
flammable liquids are dispensed at retail, shall install or use, or permit the
use of, any] A device [which] that permits the dispensing of [such]
the liquids when the hand of the
operator of the discharge nozzle is removed from the control lever, except one
equipped with an automatic nozzle of a type [which] that has been
approved by the State Fire Marshal[,]
and [which] that has a latch-open device as an integral part of the assembly,
capable of shutting off the flow of [such]
the liquids reliably when the tank
is filled or when the nozzle falls or slips from the filling neck of the tank.
[Such] A person may not use an automatic nozzle [shall not be used for the dispensing of such] to dispense the liquids unless [such]
the owner, operator or employee is
in the immediate vicinity of the tank being filled.
SECTION 3.
ORS 480.355 is amended to read:
480.355. (1) Notwithstanding ORS 480.345, upon application
from the owner or operator of a nonretail facility, the State Fire Marshal may
issue a conditional use license under which the nonretail facility may permit
persons who are not qualified as nonretail customers under ORS 480.345 (2) to
(4) to dispense Class 1 flammable liquids at a nonretail facility.
(2) In issuing a conditional use license, the State Fire
Marshal may waive the nonretail customer requirements of ORS 480.345 (2) to
(4), but may not waive safety training requirements contained in ORS 480.345.
(3) The State Fire Marshal may issue a conditional use
license under this section if the State Fire Marshal determines that:
(a) There is no facility where Class 1 flammable liquids
are dispensed by attendants at retail within seven miles of the nonretail
facility, and other undue hardship conditions exist, as may be determined by
the State Fire Marshal by rule; or
(b) The nonretail facility exists on property used as a
private, nonprofit golf club not open to the general public and the private,
nonprofit golf club members who are not qualified as nonretail customers use
the nonretail facility only for the fueling of vehicles that are used
exclusively on the property of the private, nonprofit golf club and are not
designed for highway use[; or].
[(c) The nonretail
facility exists at an airport registered, licensed or recognized as an airport
by the Department of Transportation, and persons who are not qualified as
nonretail customers use the nonretail facility only for the fueling of
aircraft.]
(4) The State Fire Marshal shall consider comments of local
residents or local government bodies to determine if undue hardship exists.
(5) The provisions of ORS 480.345 and 480.350 apply to a
license application made under this section, except those provisions whose
applicability is waived by the State Fire Marshal under this section.
(6) The applicant for a conditional use license shall bear
the burden of proof that the requirements of this section and of any rules of
the State Fire Marshal adopted pursuant to this section are satisfied.
(7) The State Fire Marshal shall investigate any
application made under this section and hold at least one public hearing to
determine if the conditional use license should be issued. The State Fire
Marshal may waive the requirement for a hearing if the application for a
conditional use license is made by a private, nonprofit golf club [or by an airport described in subsection
(3)(c) of this section].
(8) Any person who makes application as provided for in
this section, and whose application is denied, shall be entitled to a hearing
upon request. The hearing shall be conducted as a contested case hearing
pursuant to the applicable provisions of ORS 183.413 to 183.470.
(9) Judicial review of an order made after a hearing under
subsection (7) of this section shall be as provided in ORS 183.480 to 183.497
for judicial review of contested cases.
SECTION 4.
(1) As used in this section, “nonretail
facility” has the meaning given that term in ORS 480.310.
(2) A person may not
construct or install a nonretail facility that dispenses aviation fuels at an
airport unless the Director of the Oregon Department of Aviation permits the
facility.
(3) The director may not
permit the construction or installation of a nonretail facility unless the
airport owner permits the facility.
(4) The director shall
by rule establish a procedure to give permission for nonretail facilities that
dispense aviation fuels at airports.
SECTION 5.
Section 4 of this 2001 Act applies to
construction or installation of a nonretail facility that dispenses aviation
fuels at an airport commenced on or after the effective date of this 2001 Act.
SECTION 6.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect on its passage.
Approved by the Governor
June 4, 2001
Filed in the office of
Secretary of State June 4, 2001
Effective date June 4, 2001
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