1. (1) Nonretail Facilities must obtain a valid license issued by the State Fire Marshal, prior to operating a Nonretail Facility.
2. (2) A separate license is required for each Nonretail Facility.
3. (3) All initial facility licenses are valid for three years from the date of issue.
4. (4) In accordance with ORS 183.705, a renewal date of a facility license may be adjusted or prorated to correspond with existing State Fire Marshal licensing cycle dates,

5. (5) The State Fire Marshal will issue a license to the owner or operator if the owner or operator has:

   1. (a) Complied with the requirements established by OAR 837-020-0040;
   2. (b) Submitted a correctly completed application to the State Fire Marshal on forms supplied by the State Fire Marshal;
   3. (c) Certified that the owner or operator will comply with all provisions of ORS 480.345, the OFC, and this division;
   4. (d) Provided a blank copy of the form that will be used as the written agreement required under ORS 480.345 and OAR 837-020-0070;
   5. (e) Paid the required application fee for each facility site and, if applicable, all account fees required in ORS 480.350;
   6. (f) No outstanding Notice and Order of Correction violations;
   7. (g) Has no outstanding civil penalties that are owed;
   8. (h) Has no outstanding account fees.
6. (6) Any and all certification required by this section must be made in accordance with ORS 162.075.
7. (7) The owner or operator bears the burden of production and proof that the requirements of this Division, and all applicable rules of the State Fire Marshal have been satisfied.
8. (8) The State Fire Marshal may conduct an on-site inspection to determine compliance with OAR 837-020-0040 and other applicable fire and life safety laws prior to issuing a nonretail facility license to the owner or operator under section (4) of this rule.

9. (9) In addition to the requirements set forth in this section, owners or operators who wish to operate a dual operations facility, the owner or operator must provide to the State Fire Marshal, on State Fire Marshal forms, the specific hours and days when the owner or operator proposes to conduct only retail dispensing and the specific hours and days when the owner or operator proposes to conduct only nonretail dispensing.

   [Publications: Publications referenced are available from the agency.]

Statutory/Other Authority

ORS 480.380

Statutes/Other Implemented

ORS 480.350

History

OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 3-2012, f. & cert. ef. 1-24-12
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92