Section 480.345 - Conditions for operation of dispensing device by certain nonretail customers 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) Except as provided in ORS 480.360, a nonretail customer shall purchase at least 900 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 900 gallons annually, file documentation that:(a) The fuel qualifies as a deductible farming expense on the customer's federal income tax return;(b) The fuel was purchased by a governmental agency providing fire, ambulance or police services; or(c) The fuel was purchased by:(A) A people's utility district organized under ORS chapter 261;(B) A domestic water supply district organized under ORS chapter 264;(C) A mass transit district organized under ORS 267.010 to 267.394;(D) A metropolitan service district organized under ORS chapter 268;(E) A special road district organized under ORS 371.305 to 371.360;(F) A 9-1-1 communications district organized under ORS 403.300 to 403.380;(G) A sanitary district organized under ORS 450.005 to 450.245;(H) A sanitary authority, water authority or joint water and sanitary authority organized under ORS 450.600 to 450.989;(I) A rural fire protection district organized under ORS chapter 478;(J) A water improvement district organized under ORS chapter 552;(K) A water control district organized under ORS chapter 553; or(L) A port organized under ORS chapter 777.(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 or 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 900 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 900 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 or 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.Amended by 2023 Ch. 607, § 6, eff. 8/4/2023.Amended by 2015 Ch. 207, § 1, eff. 6/2/2015.1991 c.863 §50; 1993 c.469 §7; 2001 c.328 §§1,2; 2010 c. 107, § 14