Jimwsea
Veteran Member
According to the posting rules, I am not able to attach the formatted version of this document I wrote. So here is the text, at least. Have fun debating your attendant. The only place I have been able to drive up and pump by myself in Oregon is the SeQuential Biofuels pump on NW St. Helens Rd (Potland area).
EDIT (I was going to correct Potland to Portland, but I think it's cool as it is.)
EDIT (I was going to correct Potland to Portland, but I think it's cool as it is.)
E-mail me for a Word version of this doc.
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THERE IS NO REGULATION AGAINST THE SELF-PUMPING OF DIESEL OR BIODIESEL IN THE STATE OF OREGON
1.The State of Oregon has defined what types of fuels are required to be pumped by a trained attendant.
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.
Therefore, only Class 1 Flammable Liquids are required to be pumped by a trained attendant in the State of Oregon.
2. OSHA has defined what is classified as a Class 1 Flammable Liquid
Flammable liquid means any liquid having a flash point below 100oF (37.8oC) or higher, the total of which make up 99 percent or more of the total volume of the mixture. Flammable liquids shall be known as Class I liquids. Class I liquids are divided into three classes as follows:
- Class IA shall include liquids having flash points below 73oF (22.8oC) and having a boiling point below 100oF (37.8oC).
- Class IB shall include liquids having flash points below 73oF (22.8oC) and having a boiling point at or above 100oF (37.8oC).
- Class IC shall include liquids having flash points at or above 73oF (22.8oC) and below 100oF (37.8oC).
3. DIESEL AND BIODIESEL are not Class 1 Flammable Liquids under OSHA
Flash points
·Gasoline: –45oC (negative 45 degrees Celsius) Gasoline IS a Class 1 Flammable liquid.
·Diesel: +62oC (62 degrees Celsius) Diesel IS NOT a Class 1 Flammable Liquid.
- Biodiesel: +140oC (140 degrees Celsius) Biodiesel IS NOT a Class 1 Flammable Liquid.
Attached are applicable regulations from the State of Oregon and the Occupational Safety & Health Administration
DEPARTMENT OF OREGON STATE POLICE, OFFICE OF STATE FIRE MARSHAL
DIVISION 20 - FLAMMABLE AND COMBUSTIBLE LIQUIDS
Flammable Liquid Dispensing Regulations
837-020-0025
Scope and Application
These rules establish licensing requirements for Nonretail and Conditional Nonretail Facility Owner and Operators and the requirements each Nonretail and Conditional Use Customer shall meet to dispense Class 1 Flammable Liquids at those Facilities.
Stat. Auth.: ORS 476 & ORS 480.380
Stats. Implemented: ORS 480.310 - ORS 480.385
Hist.: FM 5-1990, f. 7-13-90, cert. ef. 10-15-90; FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92; FM 4-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 1-2002, f. & cert. ef. 2-25-02
837-020-0030
Effective Dates
837-020-0025 through 837-020-0125 are effective upon date of filing.
Stat. Auth.: ORS 476 & ORS 480.380
Stats. Implemented: ORS 480.310 - ORS 480.385
Hist.: OSFM 1-2002, f. & cert. ef. 2-25-02
837-020-0035
Definitions
For purposes of ORS 480.310 to 480.385 and OAR 837-020-0025 through 837-020-0125 only, the following definitions apply:
(1) "Business Use" shall mean that all Class 1 Flammable Liquids dispensed into Motor Vehicles and Containers shall be used only in the course of business activities.
(2) "Class 1 Flammable Liquid" shall mean any liquid with a flash point below 25 degrees Fahrenheit, closed cup tester.
REGULATION OF GASOLINE DISPENSING (Occupational Safety & Health Administration)
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 is disabled, 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 the disabled in the self-service dispensing of Class 1 flammable liquids at retail have failed, and therefore, senior citizens and the disabled 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 handicapped 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 the handicapped, to 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 disabled persons 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]
480.320 Use of coin-operated pumps and dispensing of gasoline by self-service declared hazardous. The installation and use of coin-operated dispensing devices for Class 1 flammable liquids and the dis-pensing of Class 1 flammable liquids by self-service, are declared hazardous. [Amended by 1959 c.73 §1]
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