OAR 837-020-0035
Definitions

For purposes of ORS 480.310 (Definitions for ORS 480.315 to 480.385) to 480.385 (Civil penalty for gasoline dispensing law violations) and OAR 837-020-0025 (Purpose and Scope— Flammable Liquid Dispensing Regulations) through 837-020-0130 (Penalty Schedule and Suspensions) only, the following definitions apply:

(1)

“Business Use” means that all Class 1 flammable liquids dispensed into motor vehicles and containers must be used only in the course of business activities.

(2)

“Class 1 Flammable Liquid” means any liquid with a flash point below 25 degrees Fahrenheit, closed cup tester. Note: Diesel fuel is not a Class 1 flammable liquid.

(3)

“Container” means all types of portable containers.

(4)

“Conditional Use Customer” means a person who may dispense Class 1 flammable liquids at a licensed conditional nonretail facility, and meets the requirements of OAR 837-020-0045 (Dispensing of Class 1 Flammable Liquids by the General Public) through 837-020-0130 (Penalty Schedule and Suspensions).

(5)

“Conditional Nonretail Facility” means a nonretail facility licensed by the State Fire Marshal, where conditional use customers may dispense Class 1 flammable liquids.

(6)

“Dispensing” means the transfer of a Class 1 flammable liquid from a facility to a motor vehicle or container.

(7)

“Documentation” means a verifiable Federal Employer Identification Number or other record that verifies participation in a business or employment with a government agency or nonprofit or charitable organization. Records may be photocopies or facsimiles of the original documents, or printouts of web site licensing information that shows the nonretail customer is eligible to be a nonretail customer.

(8)

“Dual Operations” means a nonretail facility where Class 1 flammable liquids are dispensed at retail and nonretail with either a time separation of the retail and nonretail operations or a separation of the retail and nonretail pump islands by a distance of at least 50 feet.
(9) “Eastern Oregon” means that portion of the State of Oregon lying east of a line beginning at the intersection of the northern boundary of this state and the western boundary of Hood River county, and from there proceeding southerly along the western boundaries of Hood River, Wasco, Jefferson, Deschutes and Klamath Counties to the southern boundary of this state.

(10)

“Emergency” means any man-made or natural element or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material as defined in ORS 466.605 (Definitions for ORS 466.605 to 466.680), contamination, utility or transportation emergencies, disease, blight, infestation, crisis influx of migrants unmanageable by the county, civil disturbance, riot, sabotage and war.

(11)

“Emergency Management Agency” means an organization created and authorized under ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355 to 401.580 by the state, county or city to provide for and ensure the conduct and coordination of functions for comprehensive emergency program management.

(12)

“Emergency Service Agency” means an agency defined in ORS 401.025 (Definitions for ORS chapter 401) or an entity authorized by an emergency service agency to provide services during an emergency.

(13)

“Emergency Service Worker” means an individual who, under the direction of an emergency service agency or emergency management agency, performs emergency services and:

(a)

Is a registered volunteer or independently volunteers to serve without compensation and is accepted by the office or the emergency management agency of a county or city; or

(b)

Is a member of the Oregon State Defense Force acting in support of the emergency service system.

(14)

“Emergency Services” means and includes those activities provided by state and local government agencies with emergency operational responsibilities to prepare for and carry out any activity to prevent, minimize, respond to or recover from an emergency. These activities include, without limitation, coordination, preparedness planning, training, interagency liaison, fire fighting, oil or hazardous material spill or release cleanup as defined in ORS 466.605 (Definitions for ORS 466.605 to 466.680), law enforcement, medical, health and sanitation services, engineering and public works, search and rescue activities, warning and public information, damage assessment, administration and fiscal management, and those measures defined as “civil defense” in section 3 of the Act of January 12, 1951, P.L. 81-920 (50 U.S.C. 22520).

(15)

“Employee” means an individual who works for an operator or an owner.

(16)

“Equivalent Documentation” means verifiable documentation that meets or exceeds the requirements of documentation required under ORS 480.345 (Conditions for operation of dispensing device by certain nonretail customers). The final decision as to what is acceptable as equivalent documentation rests with the State Fire Marshal.

(17)

“Facility” means a site where Class 1 flammable liquids are dispensed. A facility can be either retail, non-retail or a combination of both.

(18)

“General Public” means someone other than a nonretail customer or a conditional use customer.
(19) “High Population County” means a county that has a population more than 40,000 based on a certificate of population prepared under ORS 190.510 (Definitions for ORS 190.510 to 190.610) to 190.610 (State census program).

(20)

“Individual” means a single human being.

(21)

“License” means the official document issued by the State Fire Marshal that authorizes the operation of a nonretail facility or a conditional nonretail facility when otherwise in compliance with all applicable requirements of OAR 837-020-0040 (General).

(22)

“License Application” means the form and accompanying documentation required to be completed and submitted to the State Fire Marshal for approval prior to the issuance of a nonretail facility or a conditional nonretail facility license.
(23) “Low Population County” means a county that has a population not more than 40,000 based on a certificate of population prepared under ORS 190.510 (Definitions for ORS 190.510 to 190.610) to 190.610 (State census program).

(24)

“May” means a regulation of conduct and implies probability or permission.

(25)

“May not” means a prohibition of conduct.

(26)

“Motor Vehicle” means a vehicle that is self-propelled or designed for self-propulsion, as defined by Oregon Vehicle Code 801.360 (“Motor vehicle”).

(27)

“Must” means a mandatory requirement.
(28) “National Fire Protection Association (NFPA)” means NFPA Standards.

(29)

“Nonretail Customer” means an operating business enterprise, government agency, or nonprofit or charitable organization who otherwise meets the customer requirements of ORS 480.345 (Conditions for operation of dispensing device by certain nonretail customers)

(30)

“Nonretail Facility” means a facility licensed by the State Fire Marshal, where Class 1 flammable liquids are dispensed through a fuel dispensing device to qualified nonretail customers.
NOTE: A dual operation facility is also a nonretail facility.

(31)

“Operator” means a person that operates a nonretail facility or a conditional nonretail facility.

(32)

“Oregon Fire Code (OFC)” means the latest edition of the Oregon Fire Code, adopted by the Oregon Office of State Fire Marshal.

(33)

“Owner” means any person that is the owner of a nonretail facility or a conditional nonretail facility. An owner may also be an operator.

(34)

“Person” means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts and other public corporations.

(35)

“Retail Facility” means a facility that sells Class 1 flammable liquids to the general public in compliance with ORS 480.330 (Operation of gasoline dispensing device by public prohibited).
(36) “Retail Sales” means the dispensing of Class 1 flammable liquids to the general public. Retail sales may occur at a retail facility or a nonretail facility.

(37)

“Verifiable Documentation” means documentation that can be verified by the State Fire Marshal as true and accurate.

Source: Rule 837-020-0035 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=837-020-0035.

Last Updated

Jun. 24, 2021

Rule 837-020-0035’s source at or​.us