REGULATION OF GASOLINE DISPENSING
480.310 Definitions for ORS 480.315 to
480.385. 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.
(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. [Amended by 1991 c.863 §48]
480.315 Policy.
The Legislative Assembly declares that, except as provided in ORS 480.345 to
480.385, it is in the public interest to maintain a prohibition on the
self-service dispensing of Class 1 flammable liquids at retail. The Legislative
Assembly finds and declares that:
(1)
The dispensing of Class 1 flammable liquids by dispensers properly trained in
appropriate safety procedures reduces fire hazards directly associated with the
dispensing of Class 1 flammable liquids;
(2)
Appropriate safety standards often are unenforceable at retail self-service
stations in other states because cashiers are often unable to maintain a clear
view of and give undivided attention to the dispensing of Class 1 flammable
liquids by customers;
(3)
Higher liability insurance rates charged to retail self-service stations
reflect the dangers posed to customers when they leave their vehicles to
dispense Class 1 flammable liquids, such as the increased risk of crime and the
increased risk of personal injury resulting from slipping on slick surfaces;
(4)
The dangers of crime and slick surfaces described in subsection (3) of this
section are enhanced because Oregon’s weather is uniquely adverse, causing wet
pavement and reduced visibility;
(5)
The dangers described in subsection (3) of this section are heightened when the
customer is a senior citizen or has a disability, especially if the customer
uses a mobility aid, such as a wheelchair, walker, cane or crutches;
(6)
Attempts by other states to require the providing of aid to senior citizens and
persons with disabilities in the self-service dispensing of Class 1 flammable
liquids at retail have failed, and therefore, senior citizens and persons with
disabilities must pay the higher costs of full service;
(7)
Exposure to toxic fumes represents a health hazard to customers dispensing
Class 1 flammable liquids;
(8)
The hazard described in subsection (7) of this section is heightened when the
customer is pregnant;
(9)
The exposure to Class 1 flammable liquids through dispensing should, in
general, be limited to as few individuals as possible, such as gasoline station
owners and their employees or other trained and certified dispensers;
(10)
The typical practice of charging significantly higher prices for full-service
fuel dispensing in states where self-service is permitted at retail:
(a)
Discriminates against customers with lower incomes, who are under greater
economic pressure to subject themselves to the inconvenience and hazards of
self-service;
(b)
Discriminates against customers who are elderly or have disabilities who are
unable to serve themselves and so must pay the significantly higher prices; and
(c)
Increases self-service dispensing and thereby decreases maintenance checks by
attendants, which results in neglect of maintenance, endangering both the
customer and other motorists and resulting in unnecessary and costly repairs;
(11)
The increased use of self-service at retail in other states has contributed to
diminishing the availability of automotive repair facilities at gasoline
stations;
(12)
Self-service dispensing at retail in other states does not provide a sustained
reduction in fuel prices charged to customers;
(13)
A general prohibition of self-service dispensing of Class 1 flammable liquids
by the general public promotes public welfare by providing increased safety and
convenience without causing economic harm to the public in general;
(14)
Self-service dispensing at retail contributes to unemployment, particularly
among young people;
(15)
Self-service dispensing at retail presents a health hazard and unreasonable
discomfort to persons with disabilities, elderly persons, small children and
those susceptible to respiratory diseases;
(16)
The federal Americans with Disabilities Act, Public Law 101-336, requires that
equal access be provided to persons with disabilities at retail gasoline stations;
and
(17)
Small children left unattended when customers leave to make payment at retail
self-service stations creates a dangerous situation. [1991 c.863 §49a; 1999
c.59 §160; 2007 c.70 §276]
