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:

The owner or operator shall hold a current nonretail facility license issued by the State Fire Marshal under ORS 480.350;

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:

The fuel qualifies as a deductible farming expense on the customer’s federal income tax return;

The fuel was purchased by a governmental agency providing fire, ambulance or police services; or

The fuel was purchased by:

A people’s utility district organized under ORS chapter 261;

A domestic water supply district organized under ORS chapter 264;

A mass transit district organized under ORS 267.010 to 267.394;

A metropolitan service district organized under ORS chapter 268;

A special road district organized under ORS 371.305 to 371.360;

A 9-1-1 communications district organized under ORS 403.300 to 403.380;

A sanitary district organized under ORS 450.005 to 450.245;

A sanitary authority, water authority or joint water and sanitary authority organized under ORS 450.600 to 450.989;

A rural fire protection district organized under ORS chapter 478;

A water improvement district organized under ORS chapter 552;

A water control district organized under ORS chapter 553; or

A port organized under ORS chapter 777.

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;

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;

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

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:

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:

The fuel qualifies as a deductible farming expense on the customer’s federal income tax return; or

The fuel was purchased by a governmental agency providing fire, ambulance or police services;

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;

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;

Certify that the nonretail customer has satisfied safety training requirements in compliance with rules of the State Fire Marshal; and

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.