OAR 837-020-0035: Definitions

For purposes of ORS 480.310 to 480.385 and OAR 837-020-0025 through 837-020-0130 only, the following definitions apply: (1) "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. (2) "Container" means all types of portable containers. (3) "Dispensing" means the transfer of a Class 1 flammable liquid from a facility to a motor vehicle or container. (4) "Dispensi ng Device" for the purpose of determining the number of devices that may be designated for self-serve dispensing, means each individual hose and nozzle or other similar equipment used to dispense Class 1 Flammable Liquids. It does not mean the dispensing cabinet. (5) "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. (6) “Employee” means an individual who works for an operator or an owner. (7) “Facility” means a site where Class 1 Flammable Liquids are dispensed. A facility can be either retail, non-retail or a combination of both. (8) “General Public” means someone other than a nonretail customer. (9) “Individual” means a single human being. (10) “License” means the official document issued by the State Fire Marshal that authorizes the operation of a nonretail facility when otherwise in compliance with all applicable requirements of OAR 837-020-0040. (11) “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 license. (12) "License Cycle" means a three-year period established by OSFM during which non-retail facilities are licensed and records audits are conducted. The license cycle constitutes a defined, static interval and does not operate as a rolling timeframe. (13) “May” means a regulation of conduct and implies probability or permission. (14) “May not” means a prohibition of conduct. (15) "Motor Vehicle" means a vehicle that is self-propelled or designed for self-propulsion, as defined by Oregon Vehicle Code 801.360. (16) “Must” means a mandatory requirement. (17) “National Fire Protection Association (NFPA)” means NFPA Standards. (18) “NFPA 10” means the 2013 edition of the National Fire Protection Association (NFPA) 10 Standards Portable Fire Extinguishers Code. (19) “NFPA 30” means the 2012 edition of the National Fire Protection Association (NFPA) 30 Standards Flammable and Combustible Liquids Code. (20) “NFPA 30A” means the 2015 edition of the “National Fire Protection Association (NFPA) 30A Standards Flammable and Combustible Liquids Code. (21) "Nonretail Customer" means a person who meets the customer requirements of ORS 480.345 (22) "Nonretail Facility" means an unattended or dual operations 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. (23) "Non-Rural Oregon" means those counties not defined as Rural Oregon. (24) “Operator” means a person that is responsible for, including but not limited to, the safety, maintenance, and functionality of a nonretail facility. (25) "Oregon Fire Code (OFC) or OFC" means the 2022 edition of the Oregon Fire Code, adopted by the State Fire Marshal. (26) "Oregon Structural Speciality Code (OSSC) or OSSC" means the 2022 edition of the Oregon Structural Speciality Code. (27) "Owner" means any person that is the owner of a Nonretail Facility. An owner may also be an operator. (28) "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. (29) " Retail Customer” means a person who is not subject to the requirements a Nonretail Customer must meet to dispense Class 1 Flammable Liquids at a Nonretail dispensing facility. (30) "Retail Facility" means a facility that sells Class 1 flammable liquids to the general public in compliance with ORS 480.310 and ORS 480.341. It does not mean a Nonretail Facility where retail sales may occur. (31) “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. (32) “Rural Oregon” means Baker, Clatsop, Crook, Curry, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, and Wheeler Counties.