68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2586
House Bill 2750
Sponsored by Representatives NORRIS, STROBECK, BAUM;
Representatives HAYDEN, JONES, PARKS, QUTUB, STARR, Senator
MILLER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Repeals prohibition on self-service gasoline dispensing.
Repeals licensing requirements and limits on access to gasoline
dispensing at nonretail facilities. Requires assistance to be
provided and fuel to be dispensed at lowest price to disabled
motorist when owner, operator or employee of facility is on
premises. Defines 'disabled motorist. '
A BILL FOR AN ACT
Relating to dispensing Class 1 flammable liquids; creating new
provisions; amending ORS 479.180, 480.310, 480.340, 480.375,
480.380 and 480.385; and repealing ORS 480.315, 480.320,
480.330, 480.345, 480.350, 480.355, 480.360 and 480.365.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 480.310 is amended to read:
480.310. As used in ORS 480.315 to 480.385 { + , + }
{ - : - }
{ - (1) - } 'Class 1 flammable liquids' means liquids
{ - with a flash point below 25 degrees Fahrenheit, closed cup
tester - } { + having a flash point below 100 + } � { + F
(37.8 + } � { + C) and having a vapor pressure not exceeding 40
psi (2068 mm Hg) at 100 + } � { + F (37.8 + } � { + C) + }.
{ - (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. - }
SECTION 2. { + Sections 3 and 4 of this Act are added to and
made a part of ORS 480.315 to 480.385. + }
SECTION 3. { + (1) If the construction, installation or
operation of a facility where Class 1 flammable liquids are
dispensed complies with rules of the State Fire Marshal adopted
under ORS 480.380, a person may construct, install or operate a
facility that dispenses Class 1 flammable liquids using:
(a) Any method of self-service dispensing; or
(b) Any combination of dispensing methods at the same location.
(2) Any person who is at a facility where Class 1 flammable
liquids are dispensed by any method of self-service dispensing
may dispense Class 1 flammable liquids into the tank of a motor
vehicle or into other containers. + }
SECTION 4. { + (1) When an owner, operator or employee is on
the premises of a facility where Class 1 flammable liquids are
dispensed by any method of self-service dispensing, the owner,
operator or employee shall:
(a) Upon request of a disabled motorist, dispense Class 1
flammable liquids into the fuel tank of a motor vehicle operated
by the disabled motorist; and
(b) Charge the disabled motorist the lowest price that is
offered to any other person receiving the same grade of Class 1
flammable liquids at the same dispensing device at the facility.
(2) Nothing in this section shall require the owner, operator
or employee to provide services at a facility where Class 1
flammable liquids are dispensed other than those specified in
subsection (1) of this section.
(3) The Oregon Disabilities Commission by rule may specify
methods of identifying disabled individuals eligible for
dispensing services under this section. A copy of the rules shall
be provided to all facilities dispensing Class 1 flammable
liquids by any method of self-service dispensing and shall be
displayed in a prominent place on the premises of each facility.
Rules adopted under this section shall not be more stringent than
the provisions of the Americans with Disabilities Act (42 U.S.C.
12101 to 12213, Public Law 101-336) or rules adopted thereunder.
(4) For the purpose of obtaining dispensing services under this
section:
(a) A person may not display any form of disabled person
parking permit described in ORS 811.602, any similar permit
issued by another jurisdiction or any means of identification
specified in rules adopted under subsection (3) of this section
that is invalid or that was not lawfully issued to the person.
(b) A person who is not a disabled individual may not state or
otherwise communicate that the person is a disabled individual.
(5) As used in this section:
(a) 'Disabled individual' means a person who:
(A) Has a physical or mental impairment that substantially
limits one or more of the person's major life activities;
(B) Has a record of such impairment; or
(C) Is regarded as having such an impairment.
(b) 'Disabled motorist' means a disabled individual or an
individual who is issued and displays any form of disabled person
parking permit described in ORS 811.602 or who is issued and
displays a similar permit issued by another jurisdiction. + }
SECTION 5. ORS 480.340 is amended to read:
480.340. { - No owner, operator or employee of any filling
station, service station, garage or other dispensary where Class
1 flammable liquids are dispensed at retail, shall install or
use, or permit the use of, any coin-operated or self-service
dispensing device for such liquids. - } No owner, operator or
employee of any filling station, service station, garage or other
dispensary where Class 1 flammable liquids are dispensed { - at
retail - } , shall install or use, or permit the use of, any
device which permits the dispensing of such liquids when the hand
of the operator of the discharge nozzle is removed from the
control lever, except one equipped with an automatic nozzle of a
type which has been approved by the State Fire Marshal, and which
has a latch-open device as an integral part of the assembly,
capable of shutting off the flow of such liquids reliably when
the tank is filled or when the nozzle falls or slips from the
filling neck of the tank.
{ - Such automatic nozzle shall not be used for the dispensing
of such liquids unless such owner, operator or employee is in the
immediate vicinity of the tank being filled. - }
SECTION 6. ORS 480.375 is amended to read:
480.375. (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 480.315 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
480.315 to 480.385 and any applicable rule adopted by the State
Fire Marshal. - }
{ - (3) - } { + (2) + } 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) - } { + (3) + } Upon receiving a complaint, or upon
the State Fire Marshal's own motion, the State Fire Marshal shall
investigate whether a violation of any provision of ORS 480.315
to 480.385 or of any applicable rule of the State Fire Marshal
has occurred.
SECTION 7. ORS 480.380 is amended to read:
480.380. In accordance with applicable provisions of ORS
183.310 to 183.550, the State Fire Marshal, in consultation with
the Department of Environmental Quality, shall adopt rules:
(1) Necessary for the administration of ORS 480.315 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
{ + dispensing Class 1 flammable liquids + } { - and
establishing safety training requirements for nonretail customers
authorized to dispense Class 1 flammable liquids at nonretail
facilities - } .
SECTION 8. ORS 480.385 is amended to read:
480.385. (1) The State Fire Marshal may impose a civil penalty
{ + as provided in ORS 183.090 + } not to exceed $500 for each
violation of any provision of ORS 480.315 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) - } { + (2) + } All amounts recovered under this
section shall be deposited with the State Treasurer and shall be
placed in the State Fire Marshal Fund.
SECTION 9. ORS 479.180 is amended to read:
479.180. (1) If the owner, lessee, agent or occupant is
aggrieved by the order of an officer under the provisions of ORS
476.030, 479.020 to 479.130, 479.170, 479.210 to 479.220, 480.122
to 480.160, { - 480.330, - } 480.340, 480.420 to 480.434 or
480.450 and desires a hearing, the person may complain or appeal
in writing to the State Fire Marshal within 10 days from the
service of the order. The complaint or appeal shall set forth the
specific grounds of the complaint or appeal and no other ground
shall be considered thereafter. The complaint or appeal shall be
accompanied by a fee of $40 payable to the State Fire Marshal,
and the State Fire Marshal may refer the complaint or appeal to
the regional appeal advisory board established for that region by
notifying the chairman of that board and sending a copy of the
notice to the complainant or appellant. The board shall fix a
time for hearing and notify the complainant or appellant of the
time and place thereof, which shall be within 10 days after such
referral by the State Fire Marshal. If the State Fire Marshal
does not refer the matter to a regional appeal advisory board,
the State Fire Marshal shall fix a time and place, not less than
five and not more than 10 days thereafter, when and where the
complaint or appeal will be heard by the State Fire Marshal.
Within 10 days after receiving a recommendation from the regional
appeal advisory board, or if no referral was made to such board,
within 10 days after the hearing before the State Fire Marshal,
the State Fire Marshal may affirm, modify, revoke or vacate the
order complained of or appealed from. Unless the order is
modified, revoked or vacated by the State Fire Marshal, it shall
remain in force and be complied with by the owner, lessee, agent
or occupant, and within the time fixed in the order or fixed by
the State Fire Marshal. If the State Fire Marshal vacates or
revokes the order complained of or appealed from, or modified it
in any particular other than extending time for compliance, the
fee paid with the complaint or appeal shall be refunded.
Otherwise, it shall be credited to appropriate state funds, and
the State Fire Marshal shall so notify the State Treasurer.
(2) If the complainant or appellant under subsection (1) of
this section is aggrieved by the final order of the State Fire
Marshal, and if such order necessitates the expenditure of money
or involves statutory interpretation, the complainant or
appellant may, within 10 days thereafter, appeal to the circuit
court of the county in which the property is situated, notifying
the State Fire Marshal of the appeal within 10 days thereafter,
which notice shall be in writing and delivered personally or by
registered letter to the marshal, or left at the principal office
of the State Fire Marshal at the state capital. The party so
appealing shall, within two days after filing the appeal, file
with the circuit court in which appeal is made a bond in an
amount to be fixed by the court or judge, but in no case less
than $100, with two sufficient sureties possessing the
qualification of bail on arrest, the bond to be approved by the
court and conditioned to pay all the costs on the appeal in case
the appellant fails to sustain it or it is dismissed for any
cause. In the case of an appeal involving an order under ORS
479.170, the circuit court shall hear and determine the appeal
within 10 days after the date of filing the same.
(3) The State Fire Marshal shall make or have made a certified
summary of the proceedings at the hearing before the regional
appeal advisory board or before the State Fire Marshal, and
together with all the evidentiary matter filed in the office of
the State Fire Marshal or presented to the regional appeal
advisory board, transmit them to the circuit court at least three
days prior to the date fixed by the court for hearing when it
shall be tried de novo.
SECTION 10. { + ORS 480.315, 480.320, 480.330, 480.345,
480.350, 480.355, 480.360 and 480.365 are repealed. + }
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