68th OREGON LEGISLATIVE ASSEMBLY--1996 Special 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 286

                         House Bill 3487

Sponsored by SPECIAL SESSION COMMITTEE ON GOVERNMENT AFFAIRS


                             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.

  Authorizes State Fire Marshal to issue conditional use license
for self-service dispensing of Class 1 flammable liquids if there
is no retail facility within seven miles.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to Class 1 flammable liquids; amending ORS 480.355;
  repealing section 35, chapter 3, Oregon Laws 1995 (special
  session); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 35, chapter 3, Oregon Laws 1995
(special session) (amending ORS 480.355), is repealed. + }
  SECTION 2. 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   { - 10 - }  { +
seven + } miles of the nonretail facility; and
  (b) Other undue hardship conditions exist, as may be determined
by the State Fire Marshal by rule. The State Fire Marshal shall
consider comments of local residents or local government bodies
to determine if undue hardship exists.
  (4) 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.
  (5) 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.

  (6) 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.
  (7) 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.
  (8) 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 3.  { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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