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.
(2) Notwithstanding ORS 480.320 , 480.330 , 480.340 and 480.349 , 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.