Oregon Revised Statutes

Or. Rev. Stat. § 480.340 (2026)

Automatic shut-off devices regulated; aviation fuel exception

✓ current as of May 2026

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480.340 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 operator’s 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(2) Notwithstanding ORS 480.320 [repealed], 480.330 [repealed], 480.340 and 480.349 [repealed], and subject to ORS 480.344, a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail may permit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 480.310 to 480.385] regulating nonretail facilities.

(4) This section does not prohibit, limit or condition any dispensing of Class 1 flammable liquids or diesel fuel otherwise authorized under ORS 480.315 to 480.385. [2023 c.261 §1]

Sec. 2. Section 1 of this 2023 Act is repealed on January 2, 2029. [2023 c.261 §2]

Notes of Decisions

Cited in 5 cases, 1982–2002 · leading case: Alto v. State Ex Rel. State Fire Marshal, 855 P.2d 649 (Or. Ct. App. 1993).

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Alto v. State Ex Rel. State Fire Marshal, 855 P.2d 649 (Or. Ct. App. 1993). · cites it 14× “330 and ORS 480.340, which relate to cardlock gasoline stations.”

Atl. Richfield Co. v. Greene, 784 P.2d 442 (Or. Ct. App. 1989). · cites it 5× “330 and ORS 480.340 are unconstitutional. ORS 480.”

Alto v. State Fire Marshal, 876 P.2d 774 (Or. 1994). · cites it 2× “) It is apparent from the circuit court’s findings of fact, as well as from that court’s conclusions of law, that the essence of plaintiffs’ inquiry was whether the Fire Marshal had correctly interpreted the statutory term ‘ ‘at retail” when she promulgated the rules.”

Nw. Title Loans, LLC v. Div. of Fin. & Corp. Sec., 42 P.3d 313 (Or. Ct. App. 2002). “The trial court issued a declaration that the fire marshal’s rules interpreting the statutes were invalid and granted the injunction, thus requiring the fire marshal to enforce the statutes according to the plaintiffs’ interpretation of them.”

Miller v. Paulus, 642 P.2d 665 (Or. 1982). “The initiative repeals ORS 480.340 and does provide that only automatic nozzles can be used which have been approved by the State Fire Marshal but does not provide any criteria to guide the Fire Marshal in setting standards for approval.”

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