Or. Admin. Code § 837-020-0115 - Application, License Renewals, and Annual Fees

(1) Any owner or operator engaged in, or intending to engage in, the operation of a nonretail facility or a conditional nonretail facility must apply for and obtain a license issued by the State Fire Marshal. The application, fees, and supporting documents for new facilities must be submitted and received by the State Fire Marshal 45 days prior to the date nonretail or conditional nonretail dispensing commences.

(2) A separate license must be applied for and obtained for each nonretail facility or conditional nonretail facility.

(3) The license must be obtained prior to start of the nonretail facility or conditional nonretail facility operation, or the owner or operator may be assessed a civil penalty and be subject to closure of the nonretail or conditional nonretail facility.

(4) The application fee for each nonretail facility and conditional nonretail facility license is established by ORS 480.350. Licenses are valid for one year from the date of issue.

(5) In accordance with ORS 183.705, the license renewal date of a facility may be adjusted or prorated to correspond with existing State Fire Marshal licensing year dates.

(6) License fees may be either paid at, or mailed to, the State Fire Marshal. The license application may be either delivered to or mailed to the State Fire Marshal.

(7) Payment may be made by personal check, business check, cashier's check or money order made payable to the State Fire Marshal. If the fee is paid by either personal or business check, the State Fire Marshal has the option to not take any action on the license application until the check has cleared the bank.

(8) In addition to the application and renewal fees assessed by this section, owners or operators of nonretail facilities and conditional nonretail facilities shall pay to the State Fire Marshal an annual account fee established by ORS 480.350 for each nonretail customer and conditional use customer who is entered into a written agreement with the owner or operator of the nonretail or conditional nonretail facility for any period of time during the current license year to dispense Class 1 flammable liquids.

(9) License renewal applications, accompanying documentation, and payment must be postmarked by a United States Postmark, or received at the Department of the State Fire Marshal, no later than 30 days prior to the license expiration for a license renewal that will be valid for the following license year. If the 30 days prior to the license expiration date falls on a day when a postmark cannot be obtained, the applications must be postmarked or received by the Department of the State Fire Marshal on the preceding business day.

(10) License application renewals postmarked or received after the deadline set forth under subsection (8) of this rule may be subject to a civil penalty.

(11) License and customer fees received by the Department of the State Fire Marshal are deposited with the State Treasurer, placed in the State Fire Marshal Fund, and used to fund the non-retail fuel dispensing program.

Notes

Or. Admin. Code § 837-020-0115

FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92; FM 3-1992(Temp), f. & cert. ef. 4-24-92; FM 4-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 1-2002, f. & cert. ef. 2-25-02; OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05; OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07; OSFM 4-2007(Temp), f. & cert. ef. 11-30-07 thru 5-27-08; OSFM 3-2008, f. 4-3-08, cert. ef. 5-1-08; OSFM 3-2012, f. & cert. ef. 1-24-12; OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018; OSFM 53-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 480.380

Statutes/Other Implemented: ORS 480.350 & 480.355