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
Senate Bill 106
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 as
introduced.
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.
A BILL FOR AN ACT
Relating to nonretail fueling at airports; amending ORS 480.345,
480.347, 480.350, 480.355 and 480.365.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 480.345 is amended to read:
480.345. Notwithstanding ORS 480.330 and 480.340, the owner,
operator or employee of a dispensing facility may permit
nonretail customers other than the owner, operator or employee to
use or manipulate at the dispensing facility a card activated or
key activated device for dispensing Class 1 flammable liquids
into the fuel tank of a motor vehicle { + or aircraft + } or
other container under the following conditions:
{ + (1) The owner or operator holds a current airport
nonretail facility license issued by the State Fire Marshal under
ORS 480.350; or + }
{ - (1) - } { + (2)(a) + } The owner or operator
{ - shall hold - } { + holds + } a current nonretail facility
license issued by the State Fire Marshal under ORS 480.350;
{ - (2) - } { + (b) + } After April 1, 1992, { - a - }
{ + the + } nonretail customer
{ - shall purchase - } { + purchases + } at least 2,400
gallons of Class 1 flammable liquids or diesel fuel from any
source during a 12-month period or, if the amount of such liquids
or fuel purchased is less than 2,400 gallons annually,
{ - file - } { + files + } documentation that:
{ - (a) - } { + (A) + } The fuel qualifies as a deductible
farming expense on the customer's federal income tax return; or
{ - (b) - } { + (B) + } The fuel was purchased by a
governmental agency providing fire, ambulance or police services;
{ - (3) - } { + (c) + } The nonretail customer { - shall
provide - } { + provides + } a federal employer identification
number or equivalent documentation to indicate participation in a
business or employment with a government agency or nonprofit or
charitable organization;
{ - (4) - } { + (d) + } The nonretail customer, other than
the owner or operator, dispensing Class 1 flammable liquids
{ - shall be - } { + is + } employed by a business, government
agency or nonprofit or charitable organization and { - shall
dispense - } { + dispenses + } Class 1 flammable liquids only
into the fuel tank of a motor vehicle or other container owned
and used by the business, government agency or nonprofit or
charitable organization;
{ - (5) - } { + (e) + } The nonretail customer, other than
the owner, operator or employee, dispensing Class 1 flammable
liquids { - shall have - } { + has + } satisfied safety
training requirements in compliance with rules of the State Fire
Marshal; and
{ - (6) - } { + (f) + } The owner or operator { - shall
enter - } { + enters + } into a written agreement with
nonretail customers permitted under this section to dispense fuel
at the nonretail facility. Except as otherwise provided in ORS
480.355, the agreement shall at a minimum:
{ - (a) - } { + (A) + } Certify that the nonretail customer
will purchase at least 2,400 gallons of Class 1 flammable liquids
or diesel fuel from any source during a 12-month period or, if
the amount of such liquids or fuel purchased is less than 2,400
gallons annually, file documentation that:
{ - (A) - } { + (i) + } The fuel qualifies as a deductible
farming expense on the customer's federal income tax return; or
{ - (B) - } { + (ii) + } The fuel was purchased by a
governmental agency providing fire, ambulance or police services;
{ - (b) - } { + (B) + } Provide a federal employer
identification number or equivalent documentation to indicate
participation in a business or employment with a government
agency or nonprofit or charitable organization;
{ - (c) - } { + (C) + } Certify that the nonretail customer
is employed by a business, government agency or nonprofit or
charitable organization and that the nonretail customer shall
dispense Class 1 flammable liquids only into the fuel tank of a
motor vehicle or other container owned and used by the business,
government agency or nonprofit or charitable organization;
{ - (d) - } { + (D) + } Certify that the nonretail customer
has satisfied safety training requirements in compliance with
rules of the State Fire Marshal; and
{ - (e) - } { + (E) + } Require the nonretail customer to
submit a sworn statement, as defined in ORS 162.055, that the
information supplied in the agreement is true and correct.
SECTION 2. ORS 480.347 is amended to read:
480.347. Notwithstanding ORS 480.330 and 480.340, during an
emergency as defined in ORS 401.025, the owner, operator or
employee of a dispensing facility may permit nonretail customers,
other than the owner, operator or employee, to use or manipulate
at the dispensing facility a card activated or key activated
device for dispensing Class 1 flammable liquids into the fuel
tank of a { + motor + } vehicle { + or aircraft + } or other
container if:
(1) The owner or operator holds a current nonretail facility
license { + or a current airport nonretail facility license + }
issued by the State Fire Marshal under ORS 480.350;
(2) The fuel is dispensed to 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;
(3) The nonretail customer, other than the owner or operator,
dispensing Class 1 flammable liquids is an emergency service
worker as defined in ORS 401.025 or 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 aircraft + } or other container owned and used by the
emergency service agency or the entity authorized by that agency
to provide services during an emergency; and
(4) The nonretail customer, other than the owner, operator or
employee, dispensing Class 1 flammable liquids satisfies safety
training requirements in compliance with rules of the State Fire
Marshal.
SECTION 3. ORS 480.350 is amended to read:
480.350. (1) Except as provided in ORS 480.355, a nonretail
facility { - shall - } { + may + } not operate without a
license issued under this section.
(2) The State Fire Marshal shall issue a nonretail facility
license to a person if the person submits an application to the
State Fire Marshal on a form approved by the State Fire Marshal
for each nonretail facility and the application includes:
(a) A statement that the applicant will comply with the
requirements of ORS 480.345;
(b) A copy of the form that will be used by the applicant as
the agreement required under ORS 480.345 between the applicant
and nonretail customers permitted to dispense fuel at the
nonretail facility;
(c) A sworn statement, as defined in ORS 162.055, that
information supplied in the application is true and correct; and
(d) An application fee of $250.
(3) The applicant for a nonretail facility license shall bear
the burden of proof that the requirements of this section and of
any rules of the State Fire Marshal adopted to implement this
section are satisfied.
(4) In addition to any license or renewal fees, a
{ - licensee - } { + person who obtains a nonretail facility
license under subsection (2) of this section + } shall pay an
annual fee of $5 for each nonretail customer { - that - }
{ + who + } enters into a written agreement with the owner or
operator of the nonretail facility under ORS 480.345.
{ + (5) The State Fire Marshal shall issue an airport
nonretail facility license to a person if the person submits an
application to the State Fire Marshal on a form approved by the
State Fire Marshal for each airport nonretail facility and the
application includes:
(a) A statement that the Oregon Department of Aviation has
registered, licensed or recognized the airport that the airport
nonretail facility will serve;
(b) A statement that the airport sponsor has approved the
airport nonretail facility;
(c) A sworn statement, as defined in ORS 162.055, that
information supplied in the application is true and correct; and
(d) An application fee of $250. + }
{ - (5) - } { + (6) + } A license issued under this section
shall be valid for a period of one year from the date of
issuance.
{ - (6) - } { + (7) + } A license may be renewed upon
payment to the State Fire Marshal of an annual license renewal
fee of $250.
{ - (7) - } { + (8) + } All fees received by the State Fire
Marshal pursuant to this section shall be deposited with the
State Treasurer and shall be placed in the State Fire Marshal
Fund.
SECTION 4. 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) - }
{ + (2)(b) to (d) + } 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) - } { + (2)(b) to (d) + }, { +
+ }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;
(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 { + motor + } 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 - } { + Oregon + } { + Department of
Aviation + }, and persons who are not qualified as nonretail
customers use the { + airport + } 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 5. ORS 480.365 is amended to read:
480.365. In accordance with ORS 183.310 to 183.550, the State
Fire Marshal may revoke or suspend or may refuse to issue or
renew a nonretail facility license { + or an airport nonretail
facility license + } if the State Fire Marshal finds that an
applicant or a person to whom the license was issued:
(1) Falsified the application for the license; or
(2) Failed to comply with any provision of ORS 480.315 to
480.385 or any applicable rule adopted by the State Fire Marshal.
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