justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 480 — Explosives; Flammable

ORS 480.270. Revocation or suspension for violations; surrender of certificate of possession. (1) The issuing authority may suspend or revoke a certificate of possession if the issuing authority finds that the person to whom the certificate of possession was issued is ineligible for the certificate of possession under ORS
ORS Chapter 480 — Explosives; Flammable

ORS 480.275. (3) A certificate of possession is valid for three years from the date of issuance unless suspended or revoked pursuant to ORS 480.270. (4) A certificate of possession may not be assigned or transferred. (5) The holder of a certificate of possession shall maintain a record of the type and quantity of all explosives possessed during the certificate period. The record shall be made available upon demand of the issuing authority, a magistrate or a law enforcement agency, public fire department or fire protection agency of this state. (6) Notwithstanding ORS 181A.195 (5) and (6), the Department of State Police shall maintain in the departments files fingerprint cards submitted to it for purposes of conducting a state or nationwide criminal records check under ORS 181A.195 on applicants for a certificate of possession.
ORS Chapter 480 — Explosives; Flammable

ORS 480.280. Administration and enforcement by State Fire Marshal; rules; appointment of assistants. (1) The State Fire Marshal shall administer and enforce ORS 480.200 to 480.290 and 480.990 (6) and may, in accordance with the applicable provisions of ORS chapter 183, adopt rules considered to be necessary in carrying out ORS 480.200 to 480.290 and 480.990 (6). The rules adopted shall be such as are reasonably necessary for the protection of the public health, welfare and safety and of persons possessing or storing explosives. (2) The State Fire Marshal may appoint an individual, designated as assistant by ORS 476.060 (1), or any other individual to act as the assistant of the State Fire Marshal in the administration and enforcement of ORS 480.200 to 480.290 and 480.990 (6).
ORS Chapter 480 — Explosives; Flammable

ORS 480.290. Requirements for person driving vehicle transporting explosives. (1) Each person who drives or has charge of a vehicle transporting explosives must comply with the requirements of the United States Department of Transportation. (2) Except as provided in subsection (3) of this section, the driver of a vehicle transporting any quantity of explosives must attend the vehicle at all times. (3) The driver of a vehicle transporting explosives may leave the vehicle unattended only at a designated location that has been approved for such parking by the State Fire Marshal or by the local government agency that has responsibility for fire protection. (4) A vehicle which contains explosives must not be parked within 300 feet of any bridge, tunnel, dwelling, building or place where people work, congregate or assemble except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. (5) As used in this section, a vehicle is attended when the person in charge of the vehicle is on the vehicle, awake and not in a sleeper berth, or is within 100 feet of the vehicle and has it within unobstructed field of view. (6) All vehicles containing explosives shall display appropriate placards conforming to the requirements of the United States Department of Transportation. [1985 c.165 2; 1999 c.980 12; 2009 c.164 4] REGULATION OF GASOLINE DISPENSING
ORS Chapter 480 — Explosives; Flammable

ORS 480.310. Definitions for ORS 480.310 to 480.385. As used in ORS 480.310 to 480.385: (1) Class 1 flammable liquids means liquids with a flash point below 25 degrees Fahrenheit, closed cup tester. (2) 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. [Amended by 1991 c.863 48]
ORS Chapter 480 — Explosives; Flammable

ORS 480.320. [Amended by 1959 c.73 1; repealed by 2023 c.607 9]
ORS Chapter 480 — Explosives; Flammable

ORS 480.330. [Amended by 2001 c.285 1; repealed by 2023 c.607 9]
ORS Chapter 480 — Explosives; Flammable

ORS 480.332. Fuel dispensing devices. (1) A filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail may not designate more than the same number of fuel dispensing devices for self-service use by customers as are designated for attended service by an owner, operator or employee of the dispensary of Class 1 flammable liquids. (2) A self-service fuel dispensing device may be equipped with an automated payment device and must be equipped with an automatic nozzle as described in ORS 480.340. (3) A filling station, service station, garage or other dispensary offering fuel dispensing devices for self-service must: (a) Post one or more notification signs that are clearly readable by an operator of a motor vehicle stating which fuel 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 dispensary of Class 1 flammable liquids; and (b) Designate at least one person to provide attended service. (4) 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. (5) The price charged for 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. (6) Sales under subsection (4) of this section do not make a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail subject to any provisions of ORS 480.310 to 480.385 regulating nonretail facilities. (7) The operator of a motorcycle, as defined in ORS 801.365, may dispense Class 1 flammable liquids into the operators motorcycle, regardless of whether an owner, operator or employee of the dispensary offers use of self-service fuel dispensing devices for use by customers. (8) This section does not prohibit, limit or condition any dispensing of Class 1 flammable liquids or diesel fuel otherwise authorized under ORS 480.310 to
ORS Chapter 480 — Explosives; Flammable

ORS 480.340. Automatic shut-off devices regulated; aviation fuel exception. An owner, operator or employee of a filling station, service station, garage or other dispensary where Class 1 flammable liquids, except aviation fuels, are dispensed at retail may not install or use or permit the use of a device that permits the dispensing of the liquids when the operator of the discharge nozzle removes the operators hand from the control lever, unless the device is equipped with an automatic nozzle of a type that has been approved by the State Fire Marshal and that has as an integral part of the automatic nozzle assembly a latch-open device capable of shutting off the flow of the liquids reliably when the tank is filled or when the nozzle falls or slips from the filling neck of the tank. [Amended by 1959 c.73 2; 2001 c.285 2; 2023 c.607 3] Note: Sections 1 and 2, chapter 261, Oregon Laws 2023, provide: Sec. 1. (1) As used in this section, 2020 wildfires includes all wildfires within Marion County that were identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act under ORS 476.510 to 476.610 between August 1 and September 30, 2020. (2) Notwithstanding ORS 480.320 [repealed], 480.330 [repealed], 480.340 and 480.349 [repealed], and subject to ORS 480.344, a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail may permit a customer to use or manipulate a device for dispensing liquids into the fuel tank of a motor vehicle or other retail container, regardless of whether an owner, operator or employee of the dispensary is present at the dispensary if: (a) The dispensary is located within a city of Marion County that was directly impacted as a result of the 2020 wildfires; and (b) The city described in paragraph (a) of this subsection is located at least 15 driving miles from another city with a retail dispensary, measured by the shortest distance by public roads between the two dispensaries. (3) Sales under subsection (2) of this section do not make a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail subject to any provisions of ORS 480.315 to 480.385 [series became 480.310 to 480.385] regulating nonretail facilities. (4) This section does not prohibit, limit or condition any dispensing of Class 1 flammable liquids or diesel fuel otherwise authorized under ORS 480.315 to
ORS Chapter 480 — Explosives; Flammable

ORS 480.341. Customer operation of gasoline dispensing device in low-population county of eastern Oregon. (1) As used in this section, rural Oregon means Baker, Clatsop, Crook, Curry, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties. (2) Subject to subsection (3) of this section, if a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail is located in rural Oregon, the owner or operator may permit a customer to use or manipulate a device for dispensing liquids into the fuel tank of a motor vehicle or other retail container, regardless of whether an owner, operator or employee of the dispensary is present at the dispensary. (3) If the site of a dispensary described in subsection (2) of this section includes retail space providing goods or services, other than goods or services for maintaining, repairing or cleaning a motor vehicle, the dispensary shall make an owner, operator or employee available for dispensing Class 1 flammable liquids after 6 a.m. and before 6 p.m. (4) If a nonretail facility is located in rural Oregon, the owner or operator may, subject to ORS 480.340: (a) Permit the dispensing of Class 1 flammable liquids at retail; (b) Permit a person other than an owner, operator, employee or nonretail customer to use or manipulate a device for dispensing liquids into the fuel tank of a motor vehicle or other retail container; and (c) Permit the use of an installed automated payment or self-service dispensing fuel device for the liquids. (5)(a) Sales under subsection (2) of this section do not make a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail subject to any provisions of ORS 480.310 to 480.385 regulating nonretail facilities. (b) Sales under subsection (4) of this section do not require that a nonretail facility possess a license to dispense Class 1 flammable liquids at retail. (c) Sales under subsection (4) of this section do not require that a nonretail facility possess a conditional use license issued under ORS 480.355. However, sales under subsection (4) of this section do not prevent a nonretail facility that qualifies under ORS 480.355 from also possessing a conditional use license. (d) Purchasing Class 1 flammable liquids under subsection (4) of this section does not make a retail customer subject to any gallonage requirement set forth in ORS 480.345. (e) Purchasing Class 1 flammable liquids under subsection (4) of this section does not make a retail customer subject to rules of the State Fire Marshal establishing safety training requirements. (6) This section does not prohibit, limit or condition any dispensing of Class 1 flammable liquids or diesel fuel otherwise authorized under ORS 480.310 to
ORS Chapter 480 — Explosives; Flammable

ORS 480.344. Equal access for persons with disabilities. A filling station, service station, garage or other dispensary subject to ORS 480.332 or 480.341, that makes an owner, operator or employee available for dispensing Class 1 flammable liquids, shall provide equal access to the dispensing services of the dispensary to persons with disabilities. Equal access shall be provided by: (1) Posting a sign that is clearly readable by an operator of a motor vehicle that notifies persons with disabilities that refueling assistance may be requested by: (a) Contacting the dispensary owner, operator or employee at the telephone number provided in the sign; and (b) Signaling to the dispensary owner, operator or employee in any other manner described in the sign; (2) Providing refueling assistance upon request of a person with a disability; and (3) Providing refueling assistance without charging an additional service fee. [2019 c.237 1; 2023 c.607 8] Note:
ORS Chapter 480 — Explosives; Flammable

ORS 480.347. Use of gasoline dispensing device by emergency service volunteer; conditions. Notwithstanding any restriction in ORS 480.332, 480.341 or 480.345, 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 a qualified emergency service volunteer as defined in ORS 401.358 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. [1999 c.456 2; 2009 c.718 26; 2023 c.607 7] Note: Sections 10 and 11, chapter 607, Oregon Laws 2023, provide: Sec. 10. The Department of the State Fire Marshal, in collaboration with organizations representing filling stations, service stations, garages or other dispensaries, may engage in public outreach efforts to educate the public generally about the changes in attended fuel service laws and to educate operators of filling stations, service stations, garages or other dispensaries where Class 1 flammable liquids are dispensed at retail about the requirements under section 2 of this 2023 Act [480.332], the amendments to ORS 479.180, 480.340, 480.341,
ORS Chapter 480 — Explosives; Flammable

ORS 480.350. License required for operation of nonretail facility; application; fee; term; renewal; disposition of fees. (1) Except as provided in ORS 480.355, a nonretail facility shall not operate without a license issued under this section. (2) The State Fire Marshal shall issue a nonretail facility license to a person if the person submits an application to the State Fire Marshal on a form approved by the State Fire Marshal for each nonretail facility and the application includes: (a) A statement that the applicant will comply with the requirements of ORS
ORS Chapter 480 — Explosives; Flammable

ORS 480.355. Conditional use license; qualifications; application; review of denial. (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 seven miles of the nonretail facility, and other undue hardship conditions exist, as may be determined by the State Fire Marshal by rule; or (b) The nonretail facility exists on property used as a private, nonprofit golf club not open to the general public and the private, nonprofit golf club members who are not qualified as nonretail customers use the nonretail facility only for the fueling of vehicles that are used exclusively on the property of the private, nonprofit golf club and are not designed for highway use. (4) The State Fire Marshal shall consider comments of local residents or local government bodies to determine if undue hardship exists. (5) 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. (6) 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. (7) 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. The State Fire Marshal may waive the requirement for a hearing if the application for a conditional use license is made by a private, nonprofit golf club. (8) 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. (9) 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.
ORS Chapter 480 — Explosives; Flammable

ORS 480.360. Exemption from gallonage requirements of ORS 480.345. Any person who was a customer of a facility that is issued a license under ORS 480.350 and was a customer on and since June 30, 1991, and who qualifies as a nonretail customer under the provisions of ORS 480.345, shall be exempt from the gallonage requirements set forth in ORS 480.345 (2).
ORS Chapter 480 — Explosives; Flammable

ORS 480.365. Suspension, revocation, refusal to issue or renew nonretail facility license; procedure. In accordance with ORS chapter 183, the State Fire Marshal may revoke or suspend or may refuse to issue or renew a nonretail facility license if the State Fire Marshal finds that an applicant or a person to whom the license was issued: (1) Falsified the application for the license; or (2) Failed to comply with any provision of ORS 480.310 to 480.385 or any applicable rule adopted by the State Fire Marshal.
ORS Chapter 480 — Explosives; Flammable

ORS 480.370. Subpoenas for investigation; effect of failure to comply. (1) The State Fire Marshal may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine compliance with any provision of ORS 480.310 to 480.385 or any rule adopted by the State Fire Marshal. (2) If a person fails to comply with any subpoena issued under subsection (1) of this section, a judge of the circuit court of any county, on application of the State Fire Marshal, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the circuit court.
ORS Chapter 480 — Explosives; Flammable

ORS 480.375. Safety inspection of facilities by State Fire Marshal; audit; investigation of law violations. (1) The State Fire Marshal shall conduct an annual safety inspection at all nonretail and dual operations facilities dispensing Class 1 flammable liquids to determine if the facility is operating in compliance with the provisions of ORS 480.310 to 480.385 or of any applicable rule adopted by the State Fire Marshal. (2) The State Fire Marshal shall conduct annual audits of at least five percent of all nonretail accounts to determine if nonretail facilities are in compliance with the provisions of ORS 480.310 to 480.385 and any applicable rule adopted by the State Fire Marshal. (3) The State Fire Marshal shall have the same authority to enter into all buildings and upon all dispensing facilities for the purpose of inspection as is specified in ORS chapter 476 relating to inspection of fire hazards. (4) Upon receiving a complaint, or upon the State Fire Marshals own motion, the State Fire Marshal shall investigate whether a violation of any provision of ORS 480.310 to 480.385 or of any applicable rule of the State Fire Marshal has occurred.
ORS Chapter 480 — Explosives; Flammable

ORS 480.380. Rules. In accordance with applicable provisions of ORS chapter 183, the State Fire Marshal, in consultation with the Department of Environmental Quality, shall adopt rules: (1) Necessary for the administration of ORS 480.310 to 480.385; (2) 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) 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.
ORS Chapter 480 — Explosives; Flammable

ORS 480.385. Civil penalty for gasoline dispensing law violations. (1) The State Fire Marshal may impose a civil penalty not to exceed $500 for each violation of any provision of ORS 480.310 to 480.385 or of any applicable rule adopted by the State Fire Marshal. (2) A civil penalty imposed under this section shall become due and payable 10 days after the order imposing the civil penalty becomes final by operation of law or on appeal. A person against whom a civil penalty is to be imposed shall be served with a notice in the form provided in ORS 183.415. Service of the notice shall be accomplished in the manner provided by ORS 183.415. (3) The person to whom the notice is addressed shall have 20 days from the date of service of the notice provided for in subsection (2) of this section in which to make written application for a hearing. If no application for a hearing is made, the State Fire Marshal may make a final order imposing the penalty. (4) Any person who makes application as provided for in subsection (3) of this section shall be entitled to a hearing. The hearing shall be conducted as a contested case hearing pursuant to the applicable provisions of ORS 183.413 to 183.470. (5) Judicial review of an order made after a hearing under subsection (4) of this section shall be as provided in ORS 183.480 to 183.497 for judicial review of contested cases. (6) When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, and the amount of penalty is not paid within 10 days after the order becomes final, the order may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. (7) All amounts recovered under this section shall be deposited with the State Treasurer and shall be placed in the State Fire Marshal Fund.