The owner, operator or employee of a dispensing facility may permit nonretail customers other than the owner, operator or employee to use or manipulate at the dispensing facility a card activated or key activated device for dispensing Class 1 flammable liquids into the fuel tank of a motor vehicle or other container under the following conditions:

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(1) The owner or operator shall hold a current nonretail facility license issued by the State Fire Marshal under ORS § 480.350;

(2) Except as provided in ORS § 480.360, a nonretail customer shall purchase at least 900 gallons of Class 1 flammable liquids or diesel fuel from any source during a 12-month period or, if the amount of such liquids or fuel purchased is less than 900 gallons annually, file documentation that:

(a) The fuel qualifies as a deductible farming expense on the customer’s federal income tax return;

(b) The fuel was purchased by a governmental agency providing fire, ambulance or police services; or

(c) The fuel was purchased by:

(A) A people’s utility district organized under ORS Chapter 261;

(B) A domestic water supply district organized under ORS Chapter 264;

(C) A mass transit district organized under ORS § 267.010 to 267.394;

(D) A metropolitan service district organized under ORS Chapter 268;

(E) A special road district organized under ORS § 371.305 to 371.360;

(F) A 9-1-1 communications district organized under ORS § 403.300 to 403.380;

(G) A sanitary district organized under ORS § 450.005 to 450.245;

(H) A sanitary authority, water authority or joint water and sanitary authority organized under ORS § 450.600 to 450.989;

(I) A rural fire protection district organized under ORS Chapter 478;

(J) A water improvement district organized under ORS Chapter 552;

(K) A water control district organized under ORS Chapter 553; or

(L) A port organized under ORS Chapter 777.

(3) The nonretail customer shall provide a federal employer identification number or equivalent documentation to indicate participation in a business or employment with a government agency or nonprofit or charitable organization;

(4) The nonretail customer, other than the owner or operator, dispensing Class 1 flammable liquids shall be employed by a business, government agency or nonprofit or charitable organization and shall dispense Class 1 flammable liquids only into the fuel tank of a motor vehicle or other container owned or used by the business, government agency or nonprofit or charitable organization;

(5) The nonretail customer, other than the owner, operator or employee, dispensing Class 1 flammable liquids shall have satisfied safety training requirements in compliance with rules of the State Fire Marshal; and

(6) The owner or operator shall enter into a written agreement with nonretail customers permitted under this section to dispense fuel at the nonretail facility. Except as otherwise provided in ORS § 480.355, the agreement shall at a minimum:

(a) Certify that the nonretail customer will purchase at least 900 gallons of Class 1 flammable liquids or diesel fuel from any source during a 12-month period or, if the amount of such liquids or fuel purchased is less than 900 gallons annually, file documentation that:

(A) The fuel qualifies as a deductible farming expense on the customer’s federal income tax return; or

(B) The fuel was purchased by a governmental agency providing fire, ambulance or police services;

(b) Provide a federal employer identification number or equivalent documentation to indicate participation in a business or employment with a government agency or nonprofit or charitable organization;

(c) Certify that the nonretail customer is employed by a business, government agency or nonprofit or charitable organization and that the nonretail customer shall dispense Class 1 flammable liquids only into the fuel tank of a motor vehicle or other container owned or used by the business, government agency or nonprofit or charitable organization;

(d) Certify that the nonretail customer has satisfied safety training requirements in compliance with rules of the State Fire Marshal; and

(e) Require the nonretail customer to submit a sworn statement, as defined in ORS § 162.055, that the information supplied in the agreement is true and correct. [1991 c.863 § 50; 1993 c.469 § 7; 2001 c.328 1,2; 2010 c.107 § 14; 2015 c.207 § 1; 2023 c.607 § 6]