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Self-Serve Gasoline

Self-service of gasoline (class 1 flammable liquid) has been prohibited in Oregon since 1951, save for a few exceptions. The Non-Retail Fueling (Cardlock) program was created to allow businesses to self-serve their own fuel at over 300 unattended commercial fueling sites throughout the state. Currently there are over 50 operators participating in the program. These are generally identified by commercial fueling sites labeled as CFN, Pacific Pride, and Fuel Commander, but a few independent sites exist as well.
  
The Oregon State Fire Marshal regulates and inspects these facilities helping maintain public standards and safety. Our compliance specialists are dedicated to year round state wide inspections to keep Oregonians safe!  

​Oregon Revised Statutes (ORS) 480.310 through 480.385

Oregon Administrative Rules (OAR) 837-020-0025 through 837-020-0125​

Standard (only)  

No retail operations are located at the same site (except low-population Eastern Oregon counties where operators added retail to cardlock facilities per Oregon law).

​Dual Operation - Distance Separation

A cardlock facility and a retail facility are located at the same site. The pump islands must be separated by 50 feet.

In certain circumstances, the distance between pump islands can be separated by a distance of not less than 20 feet if prior approval is granted by the state fire marshal. In these cases, specific requirements of the Oregon Fire Code must be met.

Dual Operation – Time Separation

The same pumps are used for cardlock and retail operations. Since cardlock operations and retail operations cannot occur at the same pumps concurrently, the operations must be separated by time. License addendum required.

Conditional Use

No retail facility is located within seven miles and existing, undue hardship conditions are demonstrated at a hearing. This allows residents who live in remote areas to access gasoline.

How to apply

To obtain a license, an owner or operator must complete and submit an application and a $300 fee to the OSFM 45 days before the facility opening.

The application is reviewed and the facility is inspected. If the facility meets all requirements, a license will be issued and the facility may open for business.

Licenses are valid for one year from the date of issue unless they are revoked.

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Customers must meet the following requirements prior to access fuel, except for the 900-gallon annual purchase requirement.

Customers who do not meet the annual 900 gallon requirement at the end of the first year will no longer be allowed to access fuel at a cardlock facility.
  • A signed agreement with the cardlock owner/operator certifying the customer will meet all requirements.
  • Business eligibility documentation showing the customer has an active business status.
  • Documentation that fire safety training was provided by the operator to the customer prior to dispensing and fuel, and the customer will provide training to their account users.
  • Documentation showing the minimum annual fuel purchase requirement of 900 gallons of fuel has been met by the customers or provide proof exemption criteria is met.​

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Cardlock facilities are inspected at least once each license year. The onsite inspection is referred to as a fire and life safety inspection.

During the fire and life safety inspection, the presence, location, and condition of all required emergency equipment and signage are verified.

If a violation is identified during inspection, a Notice and Order of Correction is issued to the owner or operator, providing an opportunity for the correction of the violation.

When an owner or operator notifies the inspector the violation is corrected, the facility may be inspected to ensure compliance.​
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An emergency fuel shutdown device must be mounted within 100 feet, but no nearer than 20 feet, of any non-retail dispenser, and the location of the emergency fuel shutoff (EFSO) device must be clearly and readily accessible.

A fire extinguisher with a minimum classification of 2A, 20B:C must be mounted within 75 feet of any dispenser. Fire extinguishers must be in the operable range and have a service tag indicating service has occurred within the last 12 months.

A clearly identified fire alarm transmitting device or telephone not requiring a coin to operate or other approved means to notify the fire department shall be provided at the site in an approved location.

The site must have adequate lighting at all times.

Where retail and non-retail dispensing of gasoline may occur simultaneously, non-retail pumps must be located at least 50 feet from retail pumps (not less than 20 feet, if specific requirements are met and prior approval given by OSFM).

Dispenser hoses shall be a minimum of 18 feet (unless otherwise approved), must be racked, reeled, or otherwise protected and be maintained in proper working condition (hoses and whips are not cracked, worn, braiding, leaking, etc.).

Non-retail pumps must be located so natural grade or curbs prevent drainage toward any building or retail dispensing areas.

Non-retail pumps must be installed with the Oregon Fire Code (OFC), and each pump must be provided with a listed automatic closing type hose nozzle with a latch-open device designed so the nozzle is retained in the fill pipe during fueling operations.

Each product delivery hose must be equipped with a listed emergency breakaway device designed to retain liquid on both sides of the breakaway point.

Non-retail pumps must be installed in accordance with the OFC regarding:
  • Property lines
  • Construction
  • Bulk Plant Barriers
  • Fixed Sources of Ignition​

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  • Warning signs must be clearly and conspicuously posted within sight and be readable from a distance of 10 feet from each class 1 flammable liquid dispensing pump.
  • Warning signs stating “No Smoking, Do Not Fill Unapproved Containers, Shut Off Motor”.
  • Warning signs stating “In Case of Fire, Spill, or Release”; “Use the Emergency Fuel Shut Off”; Report the Accident!” and include emergency fire department phone number or 911; and the facility address.
  • Warning signs stating portable containers must be removed from the vehicle and placed on the ground before filing.
  • Warning signs stating
    • a) discharge your static electricity before fueling by touching a metal surface away from the nozzle;
    • b) to prevent static charge, do not reenter your vehicle while gasoline is pumping;
    • c) if a fire starts, do not remove nozzle – use emergency fuel shutoff (EFSO).
  • Warning signs stating, “It is a violation of law, subject to penalty, to dispense flammable liquids without first receiving the training required by the rules”.
  • Warning signs stating, “It is a violation of law, subject to penalty, to dispense flammable liquids for personal use or into vehicles or containers not owned or used by a business, government, nonprofit, or charitable organization”.
  • A sign listing the phone number of the owner or operator.
  • Instruction signs for the operation of nonretail dispensers must be clearly and conspicuously posted in approved locations on every dispenser and shall indicate the location of the emergency controls.
  • The location for of the EFSO and fire extinguisher(s) must be clearly and conspicuously posted.
  • Where required, signs of specific size directing customers to retail and nonretail pump islands must be posted per rule.
  • Where required, signs of specific size stating the retail and nonretail hours of operation must be posted per rule.​

Operators must inspect their cardlock facilities each week to ensure they are in proper working condition. ​​​

Records of each cardlock operator are inspected at least once every​ license year, with a minimum of 5% of each operator's records being reviewed.

Records audits ensure each customer meets the requirements to access nonretail fuel dispensing facilities per Oregon law. Audits are also used to provide technical assistance to the operator’s staff regarding customer requirements.

The compliance specialist will review key areas of customer documentation during a records audit. Each customer file must contain:
  1. The signed agreement the customer entered into with the cardlock operator.
  2. Verifiable documentation showing the customer is currently engaged in business.
  3. Proof the customer received safety training prior to dispensing fuel.
  4. Proof the customer has purchased at least 900 gallons of fuel every 12 months or proof of exemption.​

The same laws that allow non-retail gasoline dispensing require the OSFM to enforce Oregon’s gasoline dispensing laws. The law does not prohibit the public from dispensing diesel fuel. It is up to retail station operators to allow or prohibit it.

Investigations are conducted by cardlock staff to address alleged fuel dispensing violations, both at cardlock facilities and retail facilities. Even though commercial fueling is allowed at cardlock facilities, gasoline cannot be dispensed into vehicles not used for business purposes.​

Civil penalties may be issued for violations of Oregon’s cardlock statutes or rules. A person or business who violates any provision of ORS 480.310 through 480.385 or OAR 837-020-0025 through 837-020-0125 as adopted by the OSFM is subject to a civil penalty in an amount not to exceed $500 per violation.

Detailed information on civil penalties may be found in OAR 837-020-0125.​

Questions and Answers Regarding House Bill 2482​


1. How should I notify OSFM that I am going to allow retail sales at my nonretail facility?
A simple email at least 90 days in advance stating you will be conducting retail sales at your nonretail facility or facilities will be sufficient. Please provide the address and the OSFM facility ID number of each facility that you will be conducting retail sales. The email address to send your notification to is OSFM.LP@OSFM.Oregon.Gov

2. If I convert my nonretail facility to a retail facility, how do I relinquish my non retail facility license?
Email or call us if you wish to change your Cardlock facility to a retail facility, so we can change the record in our database.

3. If I convert all my sites to retail, does that mean all my current written agreements with customers are void?
If a nonretail operator chooses to relinquish all of their licenses for their nonretail facilities located in Eastern Oregon low population counties and convert all those facilities to retail dispensing only, the operator may no longer enter into written agreements under ORS 480.345 for the purpose of affirmatively authorizing an individual or business as a nonretail customer. If current or future nonretail customers of a nonretail facility operator who converts all their sites to retail sales of class one flammable liquids in counties where self-serve is prohibited, those customers will need to enter into a written agreement with an operator who has a licensed nonretail facility in Oregon. ORS 480.345 (1), (6)

4. What is to keep an operator from signing up customers giving them access to nonretail facilities in counties where self-serve is still prohibited without written agreements and not reporting them to OSFM?
It is a violation of Oregon Revised Statutes and subject to civil penalties pursuant to ORS 480.345 to give customers access to dispense a class one flammable liquids and for a customer to dispense a class one flammable liquid in high population counties where selfservice is prohibited.

5. Will facilities converted to retail only sales be subject to fire and life safety inspections?
No. Therefore, OSFM would not be identifying deficiencies that are out of compliance with Oregon fire code. However, this does not release the operator from the requirement of maintaining the site in compliance with Oregon fire code and any other applicable requirements. The facility operator will be fully responsible to identify and correct any deficiencies.

6. Can Pacific Pride or CFN cards be provided to customers and used as a form of payment without them being a nonretail customer?
Neither the bill nor Oregon Revised ​Statute ​addresses form of payment. The key question is does the card allow the customer to have access to dispense class one flammable liquids in high population counties. If so, they would be required to meet all of the nonretail customer requirements.

7. If I convert my conditional use facility to a regular nonretail facility, will I need a new license and will I have to pay for it?
A new license would be required. Please note that OSFM will not charge a new license fee under these circumstances.

8. How does HB 2482 affect my dual operations sites in low population counties?
Since HB 3011 from the 2015 session allowed self-serve at night at retail dispensaries in low population counties, and now HB 2482 allows it 24/7 in low population counties in Eastern Oregon, a time separation does not matter in the Eastern Oregon low population counties. Instead, if a site has dual operations - retail dispensers and cardlock dispensers that are separated by a distance - and the operator allows retail sales at the nonretail dispensers, an operator MUST notify OSFM at least ninety (90) days in advance of such sales taking place. (See question 1) A new license will not need to be issued under these circumstances.​

9. Will audits continue to be conducted if I convert any or all of my sites to retail sales only?
If you continue to have any nonretail customers, audits will be conducted just I ike in the past. The audit requirements have not changed. If you convert all of your sites to retail only, then you are no longer participating in the cardlock program, therefore audits would not be conducted, and you would not be authorized to enter into written agreements under ORS 480.345 for the purpose of affirmatively authorizing an individual or business as a nonretail customer.

10. If I as an operator am not part of a fueling network (e.g. Pacific Pride or CFN), can I convert my site or sites to retail and keep my nonretail customers that have signed up with me?
Yes, if those customers do not have access to fuel in the high population counties. However, again, if a customer has access to dispense class one flammable liquids in high population counties, the customer must meet the nonretail customer requirements and the operator would have to have at least one nonretail facility licensed with our office.

11. Do I have to notify OSFM if I convert my nonretail facility to a retail facility?
The bill does not explicitly require notification for that scenario. However, you would need to relinquish the license for those sites by mailing the licenses to our office. (See question 2) This will help us identify what sites are no longer participating in the cardlock program and no longer subject to inspections.

12. Will OSFM enforce the new provisions in HB 2482?
Yes. ORS 480.385 (1) authorizes OSFM to impose civil penalties for violations of ORS 480.315 to 480.385. Since this bill amends ORS 480.341, enforcing the new provisions is within the scope of our authority.

13. If I am a fueling network franchisee ( e.g. Pacific Pride or CFN) who is located outside of ​Oregon and I do not have any nonretail facilities in Oregon, do I need to limit where my cardlock customers can self-serve class one flammable liquids to only the low population counties in Oregon?
At a minimum, we would hope these franchisees educate their cardlock customers about the prohibition to self-serve class one flammable liquids in Oregon and encourage them to comply with Oregon law. If there is the ability to limit where the cardlock cards can activate dispensers in Oregon, it would be ideal to limit the access to class one flammable liquids to only the Eastern Oregon low population counties.

14. If I am the operator of a retail or nonretail facility in Oregon and at the same site address ​retail services, other than goods or services for maintaining, repairing, or cleaning a vehicle are present but operated by another business entity who is leasing space from me and is not associated with the dispensing operations, does someone need to be available to dispense fuel?
No. The bill does not address this scenario and OSFM does not believe that was the intent of the legislation. Therefore, OSFM would not expect someone to be available to dispense fuel under these circumstances.







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