Or. Admin. Code § 837-020-0045 - Dispensing of Class 1 Flammable Liquids by the General Public
(1) Owners or operators of facilities located
in Non-Rural Oregon counties where Class 1 Flammable Liquids are dispensed at
retail may not designate more than one half of the operable Class 1 Flammable
Liquid Dispensing Devices for self-service than are designated for attended
service by an owner, operator, or employee of the facility.
(2) A Retail Facility in Non-Rural Oregon
counties offering Dispensing Devices for self-serve of Class 1 Flammable
Liquids must:
(a) Post one or more
notification signs that are visible from each dispenser or island access point
and are clearly readable by the operator of a motor vehicle stating which
fueling Dispensing Devices are designated for self-service and which fuel
Dispensing Devices are designated for attended service by an owner, operator,
or employee of the facility.
(b)
Designate at least one person from the facility who is readily available to
provide attended service at designated attended service dispensing devices upon
request.
(3) Except as
provided in ORS 480.341 and subsection (7) of
this section, a filling station, service station, garage or other dispensary
may allow self-service dispensing of Class 1 Flammable Liquids at retail only
during hours that the dispensary makes an owner, operator, or employee of the
dispensary available for the dispensing of Class 1 Flammable Liquids.
(4) The price charged for grades of Class 1
Flammable Liquids must be identical at a self-service fuel Dispensing Device
and at any fuel Dispensing Device reserved for use by an owner, operator, or
employee of a dispensary.
(5)
Owners or operators of facilities located in Rural Oregon where Class 1
Flammable Liquids are dispensed at retail may allow an individual other than
the owner, operator, or their employees to manipulate a pump, hose, pipe, or
other device used to dispense Class 1 Flammable Liquids into a fuel tank of a
motor vehicle or approved container, regardless of whether an owner, operator,
or employee of the dispensary is present at the dispensary.
(6) Dispensing that occurs under the
provisions of section (5) of this rule at a site that includes retail space
providing goods or services other than goods or services for maintaining,
repairing, or cleaning a motor vehicle shall make an owner, operator or
employee available to dispense Class 1 Flammable Liquids during the time after
6:00 a.m. and before 6:00 p.m.
(7)
Individuals other than owners, operators, and employees of a Nonretail Facility
may be authorized to dispense Class 1 Flammable Liquids at Nonretail Facilities
if such individuals meet the requirements of ORS
480.310 through
480.385 and OAR 837-020-0025 through 837-020-0130.
(8) The
customers referenced in section (7) of this rule are Nonretail Customer and
authorized to dispense Class 1 Flammable Liquids at Nonretail Facilities in
counties where the self-serve of such liquids is regulated.
(9) Owners, operators, and employees of
Nonretail Facilities located in Rural Oregon may allow the dispensing of Class
1 Flammable Liquids by the general public as a Retail Customer. These
individuals are exempt from the requirements nonretail and conditional
customers are subject to and are not authorized to dispense such liquids in
counties where the self-serve of such liquids is regulated.
(10) A motorcyclist operating their
motorcycle, as defined in ORS
801.365, may dispense Class 1
Flammable Liquids into their motorcycle, regardless of whether an owner,
operator, or employee of the dispensary offers use of self-service fuel
Dispensing Devices for use by customers.
(11) Aviation fuel may be dispensed by a
member of the general public for the purpose of fueling an aircraft at airports
permitted by the Oregon Department of Aviation.
Notes
Statutory/Other Authority: ORS 476 & 480.380
Statutes/Other Implemented: ORS 480.330 & 480.345
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