71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3164
A-Engrossed
Senate Bill 106
Ordered by the Senate March 27
Including Senate Amendments dated March 27
Sponsored by Senator FISHER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Requires State Fire Marshal to issue airport nonretail
facility licenses to persons approved by airport sponsors.
Authorizes customers of airport nonretail facility licensees to
dispense motor fuel. - } { +
Exempts facility where aviation fuels are dispensed at retail
from prohibition against dispensing of fuel by customer.
Prohibits construction or installation of nonretail facility
that dispenses aviation fuels at airport unless Director of
Oregon Department of Aviation permits facility. Prohibits
director from permitting facility without permission of airport
owner. + }
A BILL FOR AN ACT
Relating to nonretail fueling at airports; creating new
provisions; and amending ORS 480.330, 480.340 and 480.355.
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. + }
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