Oregon Code § 480.340·Enacted ·Last updated March 01, 2026
Statute Text
Automatic shut-off devices regulated; aviation fuel exception.
An owner, operator or employee of
a filling station, service station, garage or other dispensary where Class 1
flammable liquids, except aviation fuels, are dispensed at retail may not
install or use or permit the use of a device that permits the dispensing of the
liquids when the operator of the discharge nozzle removes the operators hand
from the control lever, unless the device is equipped with an automatic nozzle
of a type that has been approved by the State Fire Marshal and that has as an
integral part of the automatic nozzle assembly a latch-open device capable of
shutting off the flow of the liquids reliably when the tank is filled or when
the nozzle falls or slips from the filling neck of the tank. [Amended by 1959
c.73 §2; 2001 c.285 §2; 2023 c.607 §3]
Note:
Sections 1 and 2, chapter 261,
Oregon Laws 2023, provide:
Sec. 1.
(1) As used in this section, 2020
wildfires includes all wildfires within Marion County that were identified in
an executive order issued by the Governor in accordance with the Emergency
Conflagration Act under ORS 476.510 to 476.610 between August 1 and September
30, 2020.
(2)
Notwithstanding ORS 480.320 [repealed], 480.330 [repealed], 480.340 and 480.349
[repealed], and subject to ORS 480.344, a filling station, service station,
garage or other dispensary where Class 1 flammable liquids are dispensed at
retail may permit a customer to use or manipulate a device for dispensing
liquids into the fuel tank of a motor vehicle or other retail container,
regardless of whether an owner, operator or employee of the dispensary is
present at the dispensary if:
(a) The
dispensary is located within a city of Marion County that was directly impacted
as a result of the 2020 wildfires; and
(b) The city
described in paragraph (a) of this subsection is located at least 15 driving
miles from another city with a retail dispensary, measured by the shortest
distance by public roads between the two dispensaries.
(3) Sales under
subsection (2) of this section do not make a filling station, service station,
garage or other dispensary where Class 1 flammable liquids are dispensed at
retail subject to any provisions of ORS 480.315 to 480.385 [series became