For the purpose of this chapter Ordinance, the following terms, phrases, and words shall have the following meanings, unless otherwise defined:

    1.     “Accreditation” means certification that the instrument and instrument manufacturer meet the operating criteria, specifications and requirements of the Environmental Health and Laboratory Division of the Davis County Health Department. "Analyzer certification" means that the analyzer manufacturer has met the operating criteria, specifications and requirements of the Environmental Health Services Division of the Davis County Health Department.

    2.    “Accuracy” means the degree by which an instrument is able to determine the true concentration of pollutants of interest. analyzer is able to determine the accurate concentration of pollutants of interest.

    3.    “Air intake systems” means systems that allow for the induction of ambient air, including , when applicable, preheated air into the engine combustion chamber for the purpose of mixing with a fuel for combustion.

    4.    “AIR system (air injection reaction)” means a system for providing supplementary air into a vehicle’s exhaust system to promote further oxidation of HC and CO gases and to assist catalytic reaction.

     5.    “Analyzer” means an engine exhaust gas analyzer. A computerized exhaust analyzer approved by the Division for use in the areas of Utah requiring inspections as specified in Section 41-6-163.6 and 41-6-163.7, Utah Code Annotated, 1953, as amended.
    6.    5.   “ASE” means the National Institute for Automotive Service Excellence.

     7.    6.  “Audit” means a periodic quality assurance check performed by the Division, on equipment and personnel regulated under this chapter Ordinance.

     8.    7.  “Auditor” means an employee of the Division who performs audits, also referred to as a Compliance Officer at times.

     9.    8.  “Bar 90 97” means refers to California Bureau of Automotive Repair Exhaust Gas Analyzer Specifications, which became effective in 1990 1997.

     10.    9.  “Basic engine systems” means parts or assemblies that provide efficient conversion of a compressed air/fuel charge into useful power, including but not limited to, valve train mechanisms, cylinder head to block integrity, piston-ring-cylinder sealing integrity also pre and post-combustion emissions control device integrity.

     10.  "Basic enhanced test station" means a stationary enhanced basic test station permitted and operated as required by this Ordinance.

    11.    “Bench” means the main sample processing assembly of an engine exhaust gas analyzer including detectors, sampling tubes, processor boards, infrared sources and power supply; etc.

    12.    “Calibration” means the process of establishing or verifying the accuracy of an exhaust gas analyzer to perform a consistent evaluation of engine exhaust by using different calibration gases having precisely known concentrations; analyzer using precisely known values/concentrations.

    13.    “Calibration Gases” means gases of accurately known concentration that are used as references for establishing or verifying the calibration curve and accuracy of an exhaust gas analyzer and are approved by the Division for use. May also be referred to as a span gas. analyzer.

    14.    “Carbon Monoxide” means a colorless, odorless, asphyxiating gas produced by the incomplete burning of fuels. Carbon Monoxide may be referred to in this chapter Ordinance as CO.

    15.    “Catalytic Converter” means a post-combustion device that oxidizes HC and CO gases and/or reduces oxides of nitrogen gases.

    16.    “Certificate” means a Certificate of Compliance. or certificate of waiver.

    17.    “Certificate of Compliance” means a document used in the Vehicle Emissions Inspection/Maintenance Program to certify that a vehicle meets all applicable requirements of the program. the vehicle has met the requirements of this Ordinance.

    18.    “Certification” means assurance by an authorized source, whether it be a laboratory, the manufacturer, the state, or the Division, that a specific product or statement is in fact true . and meets all requirements.

    19.    “Certified Emissions Repair Facility” means a business permitted by the Division which engages in emissions related repairs to vehicles, and which meets the requirements of Section 10.12.180. this Ordinance.

    20.    “Certified Emissions Repair Technician (Technician)” means a person who has successfully completed all permit requirements and has been issued a current, valid permit by the Division. A person permitted by the Division who diagnoses emissions related faults, and supervises or performs emissions related repairs and adjustments to bring vehicles into compliance with the requirements of this chapter Ordinance.

    21.    “Certified Emissions Tester (Tester)” means a person who has successfully completed all permit requirements and has been issued a current, valid permit by the Division. A person permitted by the Division who tests (inspects) vehicles in a Division permitted Enhanced Basic I/M Program Station to determine their compliance with vehicle emission standards.

    22.    “Chemiluminescent analyzer” means an analyzer which measures the intensity of chemiluminescent radiation from the reaction of nitric oxide with ozone and, when used in conjunction with a nitrogen dioxide converter, permits the measurement of oxides of nitrogen.

    23.    “CO” means carbon monoxide.

     24.    “Compliance” means verification that certain submission data and hardware submitted by a manufacturer for accreditation consideration, meets all required accreditation requirements; also generally means to conform to the requirements of this chapter and other laws.

     25.24.    “Composite exhaust emission test” means the entire loaded mode exhaust emissions test, consisting of Phase 1 and Phase 2 (IM240).

     26.25.    “Constant volume sampler (CVS)” means a device which is used for collecting samples of diluted exhaust gas and which maintains a constant flow rate of exhaust gas and dilution air.

     27.26.    “County” means Davis County, Utah.

     28.27.    “Curb Idle” means the manufacturer’ s specified idle speed. for the specific motor vehicle being tested.

     29.    “Cutpoints” means the maximum allowable concentration of carbon monoxide (CO), hydrocarbons (HC), and nitrogen oxides (NO_x) for a given weight class and model year of a motor vehicle, as determined by the Division, using an approved exhaust gas analyzer or constant volume sampler.

     30.    “DC98 analyzer” means a computerized exhaust analyzer approved by the Division for use in the areas of Utah requiring inspections as specified in Section 41-6-163.6 and 41-6-163.7, Utah Code Annotated, 1953, as amended.

     31.28.    “Dedicated Printer” means the printer on the approved analyzer which is used solely to print certificates, VIR's, and other official Division required documents.

     32.29.     “Director” means the Director of the Environmental Health and Laboratory Services Division of the Davis County Health Department or his/her authorized representative.

     33.30.      “Division” means the Environmental Health and Laboratory a Division of the Davis County Health Department.

     34.31.      “Domiciled” means the County in which the primary residence is located.

     35.32.      “Drift” means the amount the analyzer reading changes expressed as a percentage of full scale over a period of time. “Zero drift” means refers to no change of the zero reading in the zero mode. “Span drift” means refers to the amount of change in reading of hydrocarbons or carbon monoxide when the analyzer is in the span mode.

     36.33.      “Dynamometer” means a power absorption unit which allows the road operation of a vehicle to be simulated by reproducing the inertia and road load power developed by the vehicle.

     37. 34.  “EGR system” means the exhaust gas recirculation system. An emissions control system that recycles or recirculates a portion of the exhaust gases back to the engine combustion chambers primarily to reduce oxides of Nitrogen emissions.

     38.35.    “Emissions control systems” means parts, assemblies or systems originally installed by the manufacturer in or on a vehicle for the sole or primary purpose of reducing emissions.

     39.36.    “Emissions control device” means a design element or device installed on a motor vehicle by the vehicle manufacturer to comply with the standards of the Clean Air Act, 42 USC, Section 7521, including, but not limited to, the oxygen sensor, catalytic converter, and the fuel inlet restrictor; and devices integral to the exhaust gas recirculation (EGR) system, the evaporative emissions control system, the positive crankcase ventilation (PCV) system, the air injection system, the fuel metering system, and the ignition system.

     40.37.    “Emissions-related recall” means a manufacturers plan to remedy vehicle emissions related defects or nonconformity with new vehicle emissions standards through either a voluntary emissions recall as defined in 40 CFR, Section 85.1902 (d), 1992 edition, or a remedial plan determination made pursuant to the Clean Air Act, 42 USC, Section 7541.

     41.38.    “Emissions related repair” means the inspection, adjustment, repair, or replacement of motor vehicle engine systems, subsystems, or components necessary to bring a vehicle into compliance with the emissions standards set forth in this chapter Ordinance.

     42.39.    “Emission(s) standard (cut point)” means a requirement that limits the quantity, quality, rate, or concentration of emissions from a vehicle.the maximum allowable concentration of Carbon Monoxide (CO), Hydrocarbons (HC) and Oxides of Nitrogen (NOx) for a given weight class and Model Year of a Motor Vehicle.

     43. 40.     “Emissions” means substances expelled into the atmosphere from any opening down-stream of the exhaust valve of a Motor Vehicle; particularly, air contaminants produced by combustion and/or incomplete combustion. Also hydrocarbon evaporation from the fuel system and the crankcase. and particulate material from the crankcase.

     44.    “Emissions control systems” means parts, assemblies or systems originally installed by the manufacturer in or on a vehicle for the purpose of reducing emissions.

     45. 41.     “Engine exhaust gas analyzer” means an instrument that is capable of measuring the concentrations of certain air contaminants in the exhaust gas emanating from a motor vehicle which is approved by the Division for this use in accordance with this chapter Ordinance as an official test instrument.

     46.    42.  “Engine switching” means a situation where one engine is removed from a vehicle and is not replaced by an engine that is identical to the original engine.

     47.    43.  “E.P.A.” means the United States Environmental Protection Agency.

     48.    44.  “Enhanced basic I/M inspections or testing” means a two-speed idle test, fuel cap pressure test, fuel system pressure test, and in selected vehicles a EGR valve function test testing as approved by the Division applicable to motor vehicles of model years and vehicle weight classifications specified by this chapter Ordinance and the Division.    

     49.    “Enhanced basic I/M program station” means a stationary vehicle emissions inspection and maintenance station that qualifies and has a valid permit, issued by the Division, to operate as an emissions inspection and maintenance station in the vehicle emissions inspection/maintenance program performing enhanced basic I/M inspections and enhanced basic emission test failure repairs.  

     50.    45.  “Enhanced I/M inspections or testing” means testing by the Division in which mass emissions are measured from a vehicle operated under load over a drive cycle as defined by EPA Technical Guidance document EPA-AA-EPSD-IM-93-1, April 1994 or some acceptable modification of those defined procedures. As many as one half of all 1981 and newer vehicles may be subject to this testing procedure annually except diesel powered vehicles. or a Division approved modification of those defined procedures.

     51.    46. “Enhanced I/M program station” means a vehicle emissions inspection station operated by the Division to perform Enhanced I/M inspections.

     52.    47.  “Evaporative control system” means an emissions control system that prevents the escape of fuel vapors from the fuel tank or air cleaner and stores them in a charcoal canister to be burned in the combustion chamber.

     53.    48.  “Exemption form” means a document used to verify that a vehicle is exempt from the testing and repair/adjustment requirements of this chapter Ordinance.

     54.    “Exhaust gas analyzer” means an instrument meeting the DC98 certification requirements that is capable of measuring the concentrations of certain air contaminants in the exhaust gas emanating from a motor vehicle when approved by the Division for use in accordance with this chapter as an official test instrument.

     55.    49.  “Farm truck” means a truck registered as a Farm truck under the provisions of the Utah State Statutes. 41-1A-408.

     56.    50.  “Federal installation” means any property or facility subject to the jurisdiction of any department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal government.

     57.    51.  “Flame ionization detector” means an analyzer which uses a hydrogen-air flame detector to produce a signal proportional to the mass flow rate of hydrocarbons.

     58.    “Fleet inspection station” means a corporation or other business entity permitted by the Division to perform the functions of the inspection program for a privately owned fleet of ten (10) or more motor vehicles, including emissions-related repairs, as well as the inspection.

     52.  "Fleet facility" means a corporation or other business entity permitted by the Division to perform the functions of the Inspection program for a privately owned fleet of ten or more Motor Vehicles.

     59.    53.  "Fuel control systems” means mechanical, electromechanical, galvanic or electronic parts or assemblies that regulate the air/fuel ratio in an engine to provide a combustible charge.

     60.    “Fuel filler neck restrictor” means the obstruction, installed by the vehicle manufacturer, in the gas tank filler neck that prevents the introduction of a “leaded gasoline” nozzle.

     61.    54.  “Gas span check” means the checking and adjustment, as necessary, of an exhaust gas analyzer to correspond with known concentrations of HC, NO_x and CO span gases.

     62.    55.  “Gas calibration check” means a procedure using known concentrations of HC, NO_x and CO span gases to verify the accuracy of an analyzer in measuring HC, NO_x and CO.

     63.    56.  “Gaseous fuel” means, but is not limited to, petroleum gases and natural gases in liquefied or gaseous forms.

     57.  "Automotive imports (imported vehicle)" means a vehicle manufactured for use outside of the United States that may not meet USEPA emission requirements for the year manufactured.

     64.    58.  “Gross vehicle weight rating (GVWR)” means the total vehicle weight, including load, as designated by the vehicle manufacturer.

     65.    “HC” means hydrocarbons.

     66.    59.  “Hang-up” means a situation in which hydrocarbons cling to the surface of the sampling and analyzer systems in contact with the exhaust gas sample stream resulting in errors in HC readings.

     67.    61.  “Hexane equivalency value” means the value derived from multiplying the propane equivalency factor (P.E.F.), as labeled on the analyzer, by the concentration of propane recorded on the calibration gas cylinder. that is used to determine the proper HC reading when calibration/span gas is introduced into the analyzer bench.

     68.    “High altitude specifications” means tune-up specifications that have been provided by the manufacturer to the Environmental Protection Agency for cars operating above four thousand (4,000) feet above sea level.

     69.    62.  “Hydrocarbons (HC)” means unburned or incompletely burned fuel. Hydrocarbons may be referred to in this chapter Ordinance as HC.

     70.    “I/M program station” means an enhanced basic I/M or enhanced I/M station permitted and operated as required by this chapter.

     71.    63.  “Idle mode” means a condition where the vehicle engine is warm and running at the rate rpm specified by the manufacturer’s curb idle, where the engine is not propelling the vehicle, and where the throttle is in the closed or idle stop position and the transmission is in park or neutral. This condition must be achieved without placing a load on the vehicle to decrease the RPM to the specified rate.

     72.    64.  “Ignition systems” means parts or assemblies that are designed to cause initiate and time the ignition of a compressed air/fuel charge.

     73.    65.  “I/M clearance” means a stamp placed on the Motor Vehicle Registration form by an employee of the Davis County Assessor’s office or the Division indicating that the Motor Vehicle represented by the Registration form is in Compliance with the Inspection program requirements. in that the motorist has presented a valid certificate of compliance or certificate of compliance waiver for the motor vehicle and paid applicable fees.

     74.    66.  “Inspection” means an official vehicle emissions test performed for the purpose of issuing a certificate of compliance or waiver carried out in compliance with this chapter. determining whether a vehicle qualifies for issuance of a Certificate of Compliance.

     75.    “Inspection area” means the area that is occupied by the analyzer, sample hose, and the vehicle being inspected.

     68.  "Light duty motor vehicle" means all passenger vehicles, 1978 and older; light duty trucks 6000 GVWR rating or less; 1979 trucks and newer 8500 GVWR rating or less.

    7 8.    “Instrument” means the complete analyzer system that samples and displays the concentration of pollutant hydrocarbon and carbon monoxide gas. The instrument includes the sample handling system, the exhaust gas analyzer and the enclosure cabinet.

     80.    69.  “Lock-out” means when the DC98 UTAH2000 Analyzer automatically prohibits access to the testing portion of the DC98 UTAH2000 Analyzer.
    81.    70.  “Misfueling” means the introduction of improper fuel into a vehicle as prohibited under the Clean Air Act, 42 USC, Section 7545.

     82.    71.  “Model year” means the vehicle model year as designated by the manufacturer. or the model year designated by the Division for a vehicle constructed by other than the original manufacturer.

     83.    72. “Motor vehicle” means a self-propelled motorized vehicle with an internal combustion powered engine which is licensed for operation registered for use on public roads and/or streets. Motor vehicles exempted from the inspection requirements of this chapter Ordinance are listed in Section 10.12.070(G) of this Ordinance, the term “vehicle” is synonymous with motor vehicle for the purposes of this chapter Ordinance.

     84.    73.  “Motorcycle” means every motor vehicle having a saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground, but excluding a tractor.

     85.    74.  “New motor vehicle” means a motor vehicle whose equitable or legal title has never been transferred to a Person who in good faith purchases the motor vehicle for purposes other than resale.

     86.    75. “Non-dispersive infrared analyzer” means an analyzer which uses the non-dispersive infrared analytical technique to measure components of motor vehicle exhaust.

     87.    76.  “Off-highway vehicles” means a vehicle licensed or allowed to operate exclusively off highways.

     77.  "OBDII" means on board diagnostics second generation.

     88.    78.  “On board diagnostics” means an emissions control diagnostics system installed on a vehicle as required by the Clean Air Act, 42 USC, Section 7521(m), which identifies deterioration or malfunction of vehicle systems and stores the information for retrieval.

     89.    79.  “Ordinance” means the total of the ordinance codified in this chapter, this document, including any appendices approved by the Davis County Commission.

     90.    80.  “Original condition” means the condition of the emission control system(s) as installed by the manufacturer, but not necessarily to the original level of effectiveness.

     91.    81.  “PCV system” means positive crankcase ventilation system, - an emissions control system which returns crankcase vapors and blow-by gases to the combustion chamber to be burned.

     92.    “Person” means an individual, corporation, association, firm, partnership, joint stock company, public or municipal corporation, political subdivision, the state or any agency thereof, or the federal government or any agency thereof.

     93.    “Phase” means a portion of the enhanced exhaust emissions test. Phase 1 is seconds zero through ninety-three (93) of the test, and Phase 2 is seconds ninety-four (94) through two hundred forty (240) of the test.

     94.    82. “Primary residence” means a place where an individual permanently resides, maintains a permanent residence more than six months during a calendar year, or where an individual lives more than six months during a calendar year. Other tests may include where a person votes, spouse resides, children attend school, is employed, identifies as an address on a drivers license, holds a resident hunting or fishing license, etc.

     95.    83.  “Prompts” means instructions and/or data fields requiring data input to the DC98 UTAH2000 Analyzer. from an inspector/mechanic performing an emissions inspection.

     96.    “Publicly-owned vehicles” means motor vehicles owned by a government entity, including but not limited to the federal government or any agency thereof, the State of Utah or any agency or political subdivision thereof.

     97.    84.  “Referee inspection” means an emissions inspection conducted by the Division for the purpose of resolving disputes or gathering data.

     98.    85.  “Registered”  or “ registration” means the process by which a motor vehicle receives a license so that it can be legally operated on public streets and highways.

     86.  "Repair station" means a permitted facility meeting the requirements of this Ordinance.

     87. "Repair technician" means a permitted individual meeting the requirements of this Ordinance.

     99.    88.  “Response time” means the period of time in seconds for an instrument to measure and display a pollutant concentration after a concentration of gases is introduced or removed from the sample probe.

     100. 89.  ”Safety inspection” means an a safety evaluation of a vehicle’ s relative safety as motor vehicle required by 41-6-158 U.C.A., 1953. 41-6-117, 53-8-201, 41-1A-205, 63-460, U.C.A., 1953, as amended and in the Federal Register 49CFR 393 and 396.

     101. 90.  ”Smoker” means gasoline powered vehicles emitting excessive visible emissions. (In excess of twenty (20) percent opacity using EPA Method 9 or other acceptable standard as determined by the Division.)  The engine and power mechanism of every gasoline powered motor vehicle may not emit visible contaminants during operation except while the engine is being brought up to the recommended operating temperature.

     102. ”Span gases” means the same as “calibration gases” (see subsection 10 of this section).

     91.  "Specially constructed vehicle" means a motor vehicle requiring registration to be operated on public highways and streets that is often a replica of a classic car type and is usually made from the chassis of an existing motor vehicle, a chassis made up of parts from more than one vehicle type, or a chassis made from "scratch" often with a replica body from a kit attached to the chassis.  They may also be homemade without the use of a kit and they may also be factory manufactured.  Those made from a kit are often called "kit cars."

     103. 92.  ”Stabilization” means the process of bringing an instrument into equilibrium with the ambient environment and operating conditions.

     104. 93.  ”Station” means an I/M program station including all station personnel, employees, and owner(s).

     105. 94.  ”Tampering” means the intentional or accidental altering or removal of emission control devices, and/or emissions-related equipment. Also, the use of fuels other than those required by the manufacturer’ s specification as found in the motor vehicle’ s owners manual. Also, engine modifications which may include, but not limited to, exhaust systems, air intake systems, ignition systems, internal engine modifications, engine switching, etc.

     106. 95.  "Technical bulletin” means a document, issued to certified emissions repair technicians, certified emissions testers and/or I/M program stations by the Division to update, clarify or establish policies and/or procedures for their implementation in the vehicle emissions inspection/maintenance program.

     107. ”Technician/tester” means either a certified emissions tester or a certified emission repair technician who is permitted under the provisions of this chapter to perform enhanced basic emission tests and other functions defined in this chapter.

     108. 96.  "Temporary waiver” means a waiver that may be issued by the Director which will allow the temporary registration of a vehicle based upon a vehicle owner’ s compliance with the conditions of the waiver.can only be issued by authorized Division personnel.

     109. 97.  ”Training program” means a formal program administered, conducted, or approved by the Division for the education of certified emission repair technicians and certified emission testers permit holders in basic emission control technology, inspection procedures, diagnosis and repair of emissions related problems, I/M program policies, procedures, and this chapter; also training and education required by the Division in order to obtain or maintain a permit conducted by the Division and/or educational institutions.vehicle emissions inspection/maintenance program policies as outlined by this Ordinance.

     98.  "UTAH2000 (UT2000) analyzer" means a computerized analyzer approved by the Division for use in the areas of Utah requiring inspections as specified in Section 41-6-163.6 and 41-6-163.7, Utah Code Annotated, 1953, as amended.

     110. 99.  ”Vehicle emissions inspection/maintenance program” means the program established by the Division pursuant to Section 41-6-163.6, Utah Code Annotated 1953, as amended.

     100.  "Vehicle inspection report (VIR)" means a report printed by the UTAH2000 Analyzer at the end of the test which enumerates the results of the test.  The VIR is signed by the permitted tester performing the test and the person who presented the vehicle for inspection.

     111. 101.  ”Waiver authorization referral” means a document prepared and signed by a technician/tester, used in the vehicle emissions inspection/maintenance program to certify that the vehicle has qualified for a waiver which may be issued by the Division.

     112. 102.  ”Waiver” or “Certificate of waiver” means a document used to verify that a vehicle has met the repair or adjustment requirements of the I/M Program Ordinances even though specific emission standards have not been met.

     113. ”Waiver referral form” means a document prepared and signed by a technician/tester used in the program to certify that the vehicle has qualified for a waiver which may be issued by the Division. (Ord. 7-1996 § 1 (part))