1. (1) Any owner or operator engaged in, or intending to engage in, the operation of a nonretail facility must apply for and obtain a license issued by the State Fire Marshal. The application, fees, and supporting documents for new facilities must be submitted and received by the State Fire Marshal 45 days prior to the date nonretail dispensing commences.
2. (2) A separate license must be applied for and obtained for each nonretail facility.
3. (3) The license must be obtained prior to start of the nonretail facility operation, or the owner or operator may be assessed a civil penalty and be subject to closure of the nonretail facility.
4. (4) The application fee for each nonretail facility license is established by ORS 480.350. Licenses are valid for three years from the date of issue.
5. (5) In accordance with ORS 183.705, the license renewal date of a facility may be adjusted or prorated to correspond with existing State Fire Marshal licensing cycle dates.
6. (6) License fees must be paid to the State Fire Marshal and must acompany the appropriate application.
7. (7) Payment may be made by personal check, business check, cashier's check, money order, online or other approved Oregon State Fire Marshal methods, made payable to the State Fire Marshal. If the fee is paid by either personal or business check, the State Fire Marshal will not take any action on the application until the check has cleared the bank.
8. (8) In addition to the application and renewal fees assessed by this section, owners or operators of nonretail facilities shall pay to the State Fire Marshal an account fee established by ORS 480.350 for each nonretail customer who is entered into a written agreement with the owner or operator of the nonretail facility for any period of time during the current license cycle to dispense Class 1 flammable liquids.
9. (9) License renewal applications, accompanying documentation, and payment must be postmarked by a United States Postmark, or received at the State Fire Marshal, no later than 30 days prior to the license expiration for a license renewal that will be valid for the following license cycle. If the 30 days prior to the license expiration date falls on a day when a postmark cannot be obtained, the applications must be postmarked or received by the State Fire Marshal on the preceding business day.
10. (10) License application renewals postmarked or received after the deadline set forth under subsection (8) of this rule may be subject to a civil penalty.
11. (11) License and customer fees received by the State Fire Marshal are deposited with the State Treasurer, placed in the State Fire Marshal Fund, and used to fund the non-retail fuel dispensing program.

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 53-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 3-2012, f. & cert. ef. 1-24-12
OSFM 3-2008, f. 4-3-08, cert. ef. 5-1-08
OSFM 4-2007(Temp), f. & cert. ef. 11-30-07 thru 5-27-08
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 3-1992(Temp), f. & cert. ef. 4-24-92
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92