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Self-Serve Gasoline

Oregon Laws and Rules Related to Nonretail Fueling

Oregon Revised Statutes (ORS) 480.310 through 480.385

Oregon Administrative Rules (OAR) 837-020-0025 through 837-020-0125

License Types and Qualifying Requirements

Standard -

(Only)

No retail operations are located at the same site (except low-population Eastern Oregon counties where operators added retail to cardlock facilities per Oregon law).

Dual Operation – Distance Separation

A cardlock facility and a retail facility are located at the same site. The pump islands must be separated by 50 feet.

In certain circumstances, the distance between pump islands can be separated by a distance of not less than 20 feet if prior approval is granted by the state fire marshal. In these cases, specific requirements of the Oregon Fire Code must be met.

Dual Operation – Time Separation

The same pumps are used for cardlock and retail operations. Since cardlock operations and retail operations cannot occur at the same pumps concurrently, the operations must be separated by time. License addendum required.

Conditional Use

No retail facility is located within seven miles and existing, undue hardship conditions are demonstrated at a hearing. This allows residents who live in remote areas to access gasoline.

How to apply

To obtain a license, an owner or operator must complete and submit an application and a $300 fee to the OSFM 45 days before the facility opening.

The application is reviewed and the facility is inspected. If the facility meets all requirements, a license will be issued and the facility may open for business.

Licenses are valid for one year from the date of issue unless they are revoked.

Customer Qualifying Requirements

Customers must meet the following requirements prior to access fuel, except for the 900-gallon annual purchase requirement.

Customers who do not meet the annual 900 gallon requirement at the end of the first year will no longer be allowed to access fuel at a cardlock facility.

  • A signed agreement with the cardlock owner/operator certifying the customer will meet all requirements.
  • Business eligibility documentation showing the customer has an active business status.
  • Documentation that fire safety training was provided by the operator to the customer prior to dispensing and fuel, and the customer will provide training to their account users.
  • Documentation showing the minimum annual fuel purchase requirement of 900 gallons of fuel has been met by the customers or provide proof exemption criteria is met.

Facility inspections

Cardlock facilities are inspected at least once each license year. The onsite inspection is referred to as a fire and life safety inspection.

During the fire and life safety inspection, the presence, location, and condition of all required emergency equipment and signage are verified.

If a violation is identified during inspection, a Notice and Order of Correction is issued to the owner or operator, providing an opportunity for the correction of the violation.

When an owner or operator notifies the inspector the violation is corrected, the facility may be inspected to ensure compliance.

Facility Equipment Requirements

An emergency fuel shutdown device must be mounted within 100 feet, but no nearer than 20 feet, of any non-retail dispenser, and the location of the emergency fuel shutoff (EFSO) device must be clearly and readily accessible.

A fire extinguisher with a minimum classification of 2A, 20B:C must be mounted within 75 feet of any dispenser. Fire extinguishers must be in the operable range and have a service tag indicating service has occurred within the last 12 months.

A clearly identified fire alarm transmitting device or telephone not requiring a coin to operate or other approved means to notify the fire department shall be provided at the site in an approved location.

The site must have adequate lighting at all times.

Where retail and non-retail dispensing of gasoline may occur simultaneously, non-retail pumps must be located at least 50 feet from retail pumps (not less than 20 feet, if specific requirements are met and prior approval given by OSFM).

Dispenser hoses shall be a minimum of 18 feet (unless otherwise approved), must be racked, reeled, or otherwise protected and be maintained in proper working condition (hoses and whips are not cracked, worn, braiding, leaking, etc.).

Non-retail pumps must be located so natural grade or curbs prevent drainage toward any building or retail dispensing areas.

Non-retail pumps must be installed with the Oregon Fire Code (OFC), and each pump must be provided with a listed automatic closing type hose nozzle with a latch-open device designed so the nozzle is retained in the fill pipe during fueling operations.

Each product delivery hose must be equipped with a listed emergency breakaway device designed to retain liquid on both sides of the breakaway point.

Non-retail pumps must be installed in accordance with the OFC regarding:

  • Property lines
  • Construction
  • Bulk Plant Barriers
  • Fixed Sources of Ignition

Facility Signage Requirements

  • Warning signs must be clearly and conspicuously posted within sight and be readable from a distance of 10 feet from each class 1 flammable liquid dispensing pump.
  • Warning signs stating “No Smoking, Do Not Fill Unapproved Containers, Shut Off Motor”.
  • Warning signs stating “In Case of Fire, Spill, or Release”; “Use the Emergency Fuel Shut Off”; Report the Accident!” and include emergency fire department phone number or 911; and the facility address.
  • Warning signs stating portable containers must be removed from the vehicle and placed on the ground before filing.
  • Warning signs stating
    • a) discharge your static electricity before fueling by touching a metal surface away from the nozzle;
    • b) to prevent static charge, do not reenter your vehicle while gasoline is pumping;
    • c) if a fire starts, do not remove nozzle – use emergency fuel shutoff (EFSO).
  • Warning signs stating, “It is a violation of law, subject to penalty, to dispense flammable liquids without first receiving the training required by the rules”.
  • Warning signs stating, “It is a violation of law, subject to penalty, to dispense flammable liquids for personal use or into vehicles or containers not owned or used by a business, government, nonprofit, or charitable organization”.
  • A sign listing the phone number of the owner or operator.
  • Instruction signs for the operation of nonretail dispensers must be clearly and conspicuously posted in approved locations on every dispenser and shall indicate the location of the emergency controls.
  • The location for of the EFSO and fire extinguisher(s) must be clearly and conspicuously posted.
  • Where required, signs of specific size directing customers to retail and nonretail pump islands must be posted per rule.
  • Where required, signs of specific size stating the retail and nonretail hours of operation must be posted per rule.

Weekly Site Inspections

Operators must inspect their cardlock facilities each week to ensure they are in proper working condition.

Records Audit

Records of each cardlock operator are inspected at least once every license year, with a minimum of 5% of each operator's records being reviewed.

Records audits ensure each customer meets the requirements to access nonretail fuel dispensing facilities per Oregon law. Audits are also used to provide technical assistance to the operator’s staff regarding customer requirements.

The compliance specialist will review key areas of customer documentation during a records audit. Each customer file must contain:

  1. The signed agreement the customer entered into with the cardlock operator.
  2. Verifiable documentation showing the customer is currently engaged in business.
  3. Proof the customer received safety training prior to dispensing fuel.
  4. Proof the customer has purchased at least 900 gallons of fuel every 12 months or proof of exemption.

Investigations

The same laws that allow non-retail gasoline dispensing require the OSFM to enforce Oregon’s gasoline dispensing laws. The law does not prohibit the public from dispensing diesel fuel. It is up to retail station operators to allow or prohibit it.

Investigations are conducted by cardlock staff to address alleged fuel dispensing violations, both at cardlock facilities and retail facilities. Even though commercial fueling is allowed at cardlock facilities, gasoline cannot be dispensed into vehicles not used for business purposes.

Civil Penalties for Violation of Cardlock Statutes and Rules

Civil penalties may be issued for violations of Oregon’s cardlock statutes or rules. A person or business who violates any provision of ORS 480.310 through 480.385 or OAR 837-020-0025 through 837-020-0125 as adopted by the OSFM is subject to a civil penalty in an amount not to exceed $500 per violation.

Detailed information on civil penalties may be found in OAR 837-020-0125.

Informational Materials