Fuel taxes are not used by the state fire marshal

Published 5:00 am Thursday, August 28, 2008

This column is in response to the July 10 In My View column written by Gary Wirt regarding unrecognized costs of the self-service gas ban.

Although I appreciate Mr. Wirt’s research on Oregon gasoline regulations, his statement that the real cost of full-service gas to taxpayers includes administration, compliance and enforcement by the Oregon state fire marshal is incorrect. There are no costs to taxpayers regarding Oregon’s fueling laws.

As the manager of the Office of State Fire Marshal’s License and Permit Services, I can verify that absolutely none of Oregon’s fuel taxes are sent to the Oregon State Fire Marshal’s Office for any administrative, compliance or enforcement purposes.

Funding for these purposes comes from commercial fueling franchises such as Pacific Pride, CFN and other independent commercial fueling operators. Commercial operators pay annual fees to fund the regulation of Oregon’s fueling laws. Those funds are used solely for regulating Oregon’s commercial fueling and prohibition on self-service gas. We do that by checking the records of commercial fueling operators to ensure their customers meet requirements to fuel at these unattended facilities. We also annually inspect commercial facilities to ensure they meet all fueling law rules and fire codes. Facility operators must also conduct regular safety inspections.

So in Oregon you can pump your own gas if you meet the commercial fueling requirements and fuel vehicles used only for business purposes. This one exception to Oregon’s fueling laws is what we mainly regulate at no cost to taxpayers.

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Since the majority of retail gas stations comply with Oregon’s prohibition of self-service, very little time or funding is required to enforce this law.

Mr. Wirt wrote that safety issues are not a reason to require full-service gas. It is the opinion of the state fire marshal that pumping gas is not a safety concern. States that have self-serve have an attendant on site to oversee fueling operations as required by the International Fire Code and the Uniform Fire Code. States choose which code to adopt.

It appears that Mr. Wirt is undervaluing the safe fueling guidelines developed collaboratively with the commercial fueling industry. Because commercial fueling sites do not have an on-site attendant supervising fueling operations, customers are given an orientation by the operator that includes safe fueling guidelines. Customers are shown how to operate the equipment, the location of safety equipment and how to shut down the system in case of an emergency.

Diesel fuel is not regulated, as it is classified as a class 2 combustible liquid. This means it is not as easily ignited as gasoline. If Mr. Wirt has a diesel fueled vehicle, he has the option of dispensing his own diesel or having it pumped for him, provided the retail gas station’s policy allows it.

A little history on Oregon’s fueling laws: Oregon’s current fueling laws have been in effect since 1951. Citizens have voted on this issue in the past, and at that time, it was clear the citizens of Oregon did not want self-serve gasoline. Additionally, the Oregon Legislature had bills introduced regarding self-service nearly every legislative session from the 1980s up until the 2005 session. As time goes by, it would not be unreasonable to assume there will be more bills in front of the Legislature, and possibly more opportunities for the citizens to express their desires regarding self-service.

In my nearly 10 years as the manager of this program, I have heard many different opinions from Oregon citizens regarding Oregon’s self-serve prohibition. Citizens have very strong opinions about this law. They either want to pump their own gas or they never want to pump their own gas. The choice is, of course, up to the will of the people and they can vote accordingly if or when this comes up on a future ballot.

Regardless of one’s opinion on the issue of self-service, the citizens of Oregon are entitled to know their taxes are not used to fund regulation of Oregon’s fueling laws.

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