Relating to Class 1 flammable liquids; creating new provisions; amending ORS 480.310, 480.330, 480.340, 480.345, 480.347 and 480.380; and repealing ORS 480.315 and 480.320.

 
 
 
     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 536
 
                         Senate Bill 506
 
Sponsored by Senator MILLER
 
 
                             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.
 
  Allows unattended dispensing of motor vehicle fuels at service
stations. Requires stations to provide fueling service to senior
citizens and persons with certain disabilities and medical
conditions.
 
                        A BILL FOR AN ACT
Relating to Class 1 flammable liquids; creating new provisions;
  amending ORS 480.310, 480.330, 480.340, 480.345, 480.347 and
  480.380; and repealing ORS 480.315 and 480.320.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 480.310 is amended to read:
  480.310. As used in ORS 480.315 to 480.385:
   { +  (1) 'Attended service station' means a place of business
that sells Class 1 flammable liquids at retail and has, as part
of its normal operation, an owner, operator or employee available
to handle and operate equipment that dispenses Class 1 flammable
liquids at retail. + }
    { - (1) - }   { + (2) + } 'Class 1 flammable liquids' means
liquids with a flash point below 25 degrees Fahrenheit, closed
cup tester.
    { - (2) - }   { + (3) + } 'Nonretail facility' means an
unattended facility where Class 1 flammable liquids are dispensed
through a card or key activated fuel dispensing device to
nonretail customers.
  SECTION 2.  { + Section 3 of this 2001 Act is added to and made
a part of ORS 480.315 to 480.385. + }
  SECTION 3.  { + An attended service station may offer
unattended dispensing of Class 1 flammable liquids if:
  (1) An island is available and clearly marked for attended
service; and
  (2) The station provides attended service at the price of
unattended service to all of the following:
  (a) Any person who is 55 years of age or older;
  (b) Any person with a permit to exercise the parking privileges
granted by ORS 811.635; and
  (c) Any person with a medical condition that makes the person's
unattended dispensing unreasonably difficult or dangerous. + }
  SECTION 4. ORS 480.330 is amended to read:
  480.330.  { + Except as provided in ORS 480.345 and 480.347 and
section 3 of this 2001 Act, + } 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
permit any person other than the owner, operator or employee to
use or manipulate any pump, hose, pipe or other device for
dispensing such liquids into the fuel tank of a motor vehicle or
other retail container.
  SECTION 5. ORS 480.340 is amended to read:
  480.340.  { + (1) Except as provided in section 3 of this 2001
Act, + } 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 coin-operated or self-service
dispensing device for such 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 device which permits the
dispensing of such 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 has been
approved by the State Fire Marshal, and which has a latch-open
device as an integral part of the assembly, capable of shutting
off the flow of such liquids reliably when the tank is filled or
when the nozzle falls or slips from the filling neck of the tank.
 { - Such - }   { + The + } automatic nozzle shall not be used
for the dispensing of such liquids unless { + :
  (a) + }   { - Such - }   { + The + } owner, operator or
employee is in the immediate vicinity of the tank being
filled { + ; or
  (b) The facility is an attended service station operated in
accordance with section 3 of this 2001 Act + }.
  SECTION 6. ORS 480.345 is amended to read:
  480.345. Notwithstanding ORS 480.330 and 480.340  { + and
section 3 of this 2001 Act + }, 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 other container under the following conditions:
  (1) The owner or operator shall hold a current nonretail
facility license issued by the State Fire Marshal under ORS
480.350;
  (2) After April 1, 1992, a nonretail customer shall 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) The fuel qualifies as a deductible farming expense on the
customer's federal income tax return; or
  (b) The fuel was purchased by a governmental agency providing
fire, ambulance or police services;
  (3) The nonretail customer shall 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;
  (4) The nonretail customer, other than the owner or operator,
dispensing Class 1 flammable liquids shall be employed by a
business, government agency or nonprofit or charitable
organization and 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;
  (5) The nonretail customer, other than the owner, operator or
employee, dispensing Class 1 flammable liquids shall have
satisfied safety training requirements in compliance with rules
of the State Fire Marshal; and
 
  (6) The owner or operator shall enter 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) 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) The fuel qualifies as a deductible farming expense on the
customer's federal income tax return; or
  (B) The fuel was purchased by a governmental agency providing
fire, ambulance or police services;
  (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) 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) Certify that the nonretail customer has satisfied safety
training requirements in compliance with rules of the State Fire
Marshal; and
  (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 7. ORS 480.347 is amended to read:
  480.347. Notwithstanding ORS 480.330 and 480.340  { + and
section 3 of this 2001 Act + }, 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 vehicle or
other container if:
  (1) The owner or operator holds a current 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 vehicle 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 8. ORS 480.380 is amended to read:
  480.380.  { + (1) + } In accordance with applicable provisions
of ORS 183.310 to 183.550, the State Fire Marshal, in
consultation with the Department of Environmental Quality, shall
adopt rules:
    { - (1) - }   { + (a) + } Necessary for the administration of
ORS 480.315 to 480.385;
    { - (2) - }   { + (b) + } Establishing standards for the
design, construction, location, installation and operation of
retail, automated or dual operations equipment for storing,
handling and dispensing Class 1 flammable liquids at any
dispensing facility; and
    { - (3) - }   { + (c) + } Establishing standards for public
and environmental safety in the operation of nonretail facilities
and establishing safety training requirements for nonretail
customers authorized to dispense Class 1 flammable liquids at
nonretail facilities.
   { +  (2) This section does not authorize or require the State
Fire Marshal to adopt rules for safety training for customers of
attended service stations who use unattended service for
dispensing Class 1 flammable liquids. + }
  SECTION 9.  { + ORS 480.315 and 480.320 are repealed. + }
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