ORS Chapter 480 — Explosives; Flammable

ORS 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 customers 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 peoples 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 customers 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.