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 2164
Senate Bill 446
Sponsored by 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.
Defines attended service station, attended self-service station
and unattended self-service station. Requires State Fire Marshal
to adopt dispensing rules. Punishes violation of dispensing rule
by maximum one year imprisonment, $5,000 fine, or both. Punishes
falsification of report to Fire Marshal by maximum one year
imprisonment, $5,000 fine, or both.
Requires attended self-service station to dispense gasoline to
disabled persons at self-service price and to dispense gasoline
to any customer who requests attended service.
Declares emergency, effective 60 days after passage.
A BILL FOR AN ACT
Relating to dispensing of Class 1 flammable liquids; creating new
provisions; amending ORS 479.180; repealing ORS 480.310,
480.315, 480.320, 480.330, 480.340, 480.345, 480.350, 480.355,
480.360, 480.365, 480.370, 480.375, 480.380 and 480.385; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this Act:
(1) 'At retail' means the sale of products to the ultimate
consumer in exchange for money or other valuable consideration or
upon prearranged terms of credit.
(2) 'Attended self-service station' means a place of business
that sells Class 1 flammable liquids at retail and that does not,
as part of its normal operation, have any owner, operator or
employee available to handle and operate equipment that dispenses
Class 1 flammable liquids at retail, but has not less than one
owner, operator or employee at the business premises whose
primary responsibility, in addition to handling any retail sales
transactions, is to supervise, observe and control customer
dispensing of Class 1 flammable liquids and insure compliance
with all applicable safety regulations.
(3) 'Attended service station' means a place of business that
sells Class 1 flammable liquids at retail and has, as part of its
normal operation, an owner, operator or employee available to
handle and operate equipment that dispenses Class 1 flammable
liquids at retail.
(4) 'Class 1 flammable liquids' means liquids having a flash
point below 100 degrees Fahrenheit (37.8 degrees centigrade) and
having a vapor pressure not exceeding 40 pisa (2068mm Hg) at 100
degrees Fahrenheit (37.8 degrees centigrade).
(5) 'Disabled person' means any person who is qualified to
obtain and has obtained a disabled person parking permit
described in ORS 811.605 or a similar permit from another
jurisdiction.
(6) 'Unattended self-service station' means any place of
business that sells Class 1 flammable liquids at retail and that
does not, as part of its normal operation, have an owner,
operator or employee available at the business premises to handle
and operate equipment that dispenses Class 1 flammable liquids at
retail or to supervise, observe and control customer dispensing
of Class 1 flammable liquids. + }
SECTION 2. { + (1) The State Fire Marshal shall adopt and
enforce rules establishing standards for:
(a) The design, construction, location, installation and
operation of equipment for storing, handling and dispensing Class
1 flammable liquids;
(b) The issuance, renewal, suspension and revocation of
licenses and permits for the design, construction, location,
installation and operation of equipment for storing, handling and
dispensing of Class 1 flammable liquids; and
(c) The use, handling and dispensing of Class 1 flammable
liquids at attended service stations, attended self-service
stations and unattended self-service stations.
(2) The rules adopted under subsection (1) of this section
shall be those necessary for protection of the health, welfare
and safety of the public and of persons using, handling and
dispensing Class 1 flammable liquids and shall be in substantial
conformity with generally accepted standards of safety relating
to Class 1 flammable liquids. Rules in substantial conformity
with the published standards of the National Fire Protection
Association, NFPA 30A-Automotive and Marine Service Station Code
(1990 edition), shall be deemed to be in substantial conformity
with the generally accepted standards of safety relating to the
use, handling and dispensing of Class 1 flammable liquids. + }
SECTION 3. { + Coin or currency-type devices and equipment for
the sale or dispensing of Class 1 flammable liquids at retail are
prohibited at unattended self-service stations. + }
SECTION 4. { + Nothing in sections 1 to 3 of this Act shall
prevent any person from constructing, installing and operating an
attended service station, attended self-service station and
unattended self-service station, or any combination thereof, at
the same location if the construction, installation and operation
comply with rules of the State Fire Marshal adopted under section
2 of this Act. + }
SECTION 5. { + Notwithstanding section 1 of this Act:
(1) Each attended self-service station shall provide attended
service to handle and operate equipment that dispenses all Class
1 flammable liquids for:
(a) Disabled persons; and
(b) Any customer who requests attended service.
(2) Class 1 flammable liquids shall be available to disabled
persons at the same price per gallon available to self-service
customers at the same service station and without additional
cost, expense or charge for dispensing services. + }
SECTION 6. { + (1) Violation of any rules adopted under
section 2 of this Act or the falsification or misrepresentation
of any report required under the rules or application made to the
State Fire Marshal under section 2 of this Act is a Class A
misdemeanor.
(2) Violation of any provision of section 5 of this Act is
punishable upon conviction by a fine of not more than $250. + }
SECTION 7. 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 8. { + ORS 480.310, 480.315, 480.320, 480.330,
480.340, 480.345, 480.350, 480.355, 480.360, 480.365, 480.370,
480.375, 480.380 and 480.385 are repealed. + }
SECTION 9. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect 60 days after its
passage. + }
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