Nonretail Fueling (Cardlock) Program

The Nonretail Fueling (Cardlock) Program is the licensing and regulation for commercial fuel dispensing of Class 1 flammable fuels. In specific situations, qualified customers are allowed to dispense gasoline at licensed cardlock facilities. The program is funded through cardlock license and customer fees.

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 counties in Eastern Oregon where operators have 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 a distance of 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 (OFC) must be met).

Dual Operation – Time Separation – The same pumps are used for both cardlock and retail operations. Since cardlock operations and retail operations cannot occur at the same pumps at the same time, 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 have been demonstrated at a hearing. This allows residents who live in remote areas of the state to have access to gasoline.

How to apply – To obtain a license, an owner or operator is required to complete and submit an application and a $300 fee to the OSFM 45 days prior to the facility opening. The application is then reviewed and the facility inspected. Upon determining 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.

New Cardlock Facility License Application Form

Time Separation Addendum Form

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’s 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 the condition of all required emergency equipment and signage are verified. If a violation is identified at the time the facility is inspected, a Notice and Order of Correction is issued to the owner or operator, providing an opportunity for the correction of the violation. Once the owner or operator notifies the inspector the violation has been 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 nonretail 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 nonretail dispensing of gasoline may occur simultaneously, nonretail 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.).

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

Nonretail pumps must be installed with the Oregon Fire Code (OFC), and each pump must be provide with a listed automatic closing type hose nozzle with a latch-open device designed so that 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.

Nonretail pumps must be installed in accordance with the OFC regarding: Property lines; Construction; Bulk Plant Barriers, and 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 emergence 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, non-profit or charitable organization”.

A sign listing the phone number of the owner or operator.

Instruction signs for the operation of nonretail dispensers must 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 Audits

Records of each cardlock operator are inspected at least once every license year with a minimum of five percent of each operator records being reviewed. The purpose of records audits is to ensure each customer meets the requirements to access nonretail fuel dispensing facilities according to the requirements of Oregon law. The records audits are also used as an opportunity for cardlock compliance specialists 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 the following:

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 has received the 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 nonretail 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 being 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.

Exemption to Fueling Laws

Exemptions to Oregon’s fueling laws allow certain individuals and businesses to dispense Class 1 flammable liquids (gasoline). Exemptions are Pilots and Motorcyclists and low population counties:

1. Pilots may fuel their own aircraft at airports permitted by the Oregon Department of Aviation.

2. Motorcyclists operating their motorcycle may choose to dispense gasoline. If the motorcyclist chooses to fuel their own motorcycle, the retail station attendant is required to activate the pump and hand nozzle to the motorcyclists. When fueling is complete, the motor cyclist may not activate or deactivate the fuel dispensing devices.

3. Low population specified coastal counties (Clatsop, Curry, or Tillamook) – self serve is permitted at retail stations between the hours of 6 pm and 6 am.

4. Low population counties in Eastern Oregon (all counties except: Deschutes, Klamath and Umatilla) – self service is permitted 24 hours a day (some limitations apply see ORS 480.341 for additional information).

Informational Materials

Listed below are informational materials that have been developed to assist cardlock operators and their customers.

Fuel Purchase Report
Operator Guidebook
Safety Training Brochure
Safety Training Brochure Spanish Version
Sample Written Agreement

Contact

Regulatory Services Branch
3565 Trelstad Ave SE
Salem, OR 97317
Phone: 503-934-8274
Fax: 503-373-1825
sfm.lp@osp.oregon.gov

Hours
8:00 AM - 5:00 PM, Monday - Friday

Areas of Interest

Cardlock Safe Fueling Video

Cardlock Inspection Video