Subject to the exceptions in Section 10.12.070.E and pursuant to the schedule in Section 10.12.070.1, individuals with their primary residence in Davis County must register their Motor Vehicles in Davis County and Motor Vehicles that are or will be registered in Davis County, shall be subject to an annual exhaust gas Emission Inspection performed by a Certified Emission Repair Facility and/or  Enhanced Basic Test Station as specified in this Chapter or other entity approved by the Director.    

    A.    It is unlawful for any person with a primary residence in Davis County to register a vehicle in any other place than Davis County.

    B.    Beginning April 1, 1984, a Certificate of Compliance or Waiver, or evidence that the Motor Vehicle is exempt from the Inspection/Maintenance Program requirements (as defined in Section 10.12.070) shall be presented to the County Assessor or the Utah State Tax Commission and the Air Pollution Control Fee paid (See  Section 10.12.070) as conditions precedent to annual registration or annual renewal of registration of a Motor Vehicle.

        1.    Beginning January 1, 1998, all 1968 and newer Model Year vehicles shall be subject to an Enhanced I/M Inspection either at the County operated Certified Emission Repair Facility and/or at an Enhanced Basic I/M Test Station.    

        2.     Those vehicles with Onboard Diagnostics II (OBD II) capability will be tested at locations approved by the Division.     

    C.    A Certificate issued to a dealer licensed with the State of Utah and issued in the dealer’s name, shall be valid for registration purposes for a period of six months as specified in Section 41-3-303, Utah Code Annotated, 1953, as amended.     

    D.  A dealer issuing a temporary permit for a vehicle registered in Davis County must supply proof of the vehicle's compliance with this Chapter to the new owner in the form of an official Vehicle Inspection Report (VIR).

    E.    Owners of publicly-owned vehicles shall comply with the Inspection Program requirements. Federally -owned vehicles and vehicles of employees operated on a federal installation that do not require registration in the State of Utah shall comply with the Emissions Testing requirements as required by Section 118 of the Clean Air Act as amended in 1990.

    F.    Vehicle Exemption. The following vehicles are exempt from these Vehicle Emissions Inspection/Maintenance requirements:

        1.    All agricultural implements of husbandry and any Motor Vehicle that qualifies for an exemption as required by Section 41-6-163.6 Utah Code Annotated, 1953, as amended;

        2.    Any vehicle used for maintenance or construction and not designed or licensed to operate on the highway;

        3.    Any Motorcycle or motor driven cycle (including vehicles which operate with an engine normally used in a Motorcycle);

        4.    Any vehicle 1967 Model Year or older;

        5.    Any new vehicle being sold for the first time that has a valid MSO (Manufacturer’s Statement of Origin) form;

        6.    Any motor vehicle powered exclusively by a diesel-fueled engine (These vehicles are subject to testing under Davis County Code 10.08);

        7.    Motor vehicles which qualify for legislative exemptions.    

     G.    It shall be the responsibility of the Certified Emissions Repair Technician and/or Tester to inform the owner/operator of the vehicle that the vehicle is not required to have an official Emission Test for vehicle registration purposes if a vehicle exempted from the Emissions Testing requirement by Section 10.12.070 of this Chapter.    

    H.    Official signs for Certified Emission Repair Facility and/or Enhanced Basic Test Station.

        1.    All Certified Emission Repair Facility and/or Enhanced Basic Test Station, except those Enhanced Basic I/M Program Stations authorized to inspect only their own Motor Vehicles as a Fleet Inspection Station, shall display in a conspicuous location on the premises an official sign provided or approved by the Division.

        2.    The exhaust emissions standards, as promulgated under authority of  this Chapter shall be posted in a conspicuous place on the Certified Emission Repair Facility and/or Enhanced Basic Test Station premises, if required by the Division.

        3.    The Enhanced Basic I/M Program Station shall post on a clear and legible sign the fees charged by that station for the performance of the Emissions Inspection.

        4.    The signs required by Section 10.12.070 shall be located so as to be easily in the public view.

    I.    Equipment available for inspection at Certified Emission Repair Facility and/or Enhanced BasicTest Station.

        1.     Required references, tools and equipment as noted in Section 10.12.090, supplies, records, unused Certificates of Compliance, other required forms, records of completed Inspections, and duplicate copies of Certificates of Compliance issued shall be kept at the Certified Emission Repair Facility and/or Enhanced Basic Test Station at all times and shall be available for inspection and collection by the Division at any time the Certified Emission Repair Facility and/or Enhanced Basic Test Station is open for business.

        2.     A periodic inspection and audit shall be made by a Division representative to verify compliance with this Chapter for each Certified Emission Repair Facility and/or Enhanced Basic Test Station.

            a.    During the time of the audit by the Division, the Division representative shall have exclusive access to the approved UTAH2000 analyzer.

            b.    The Division representative may check the accuracy of the analyzer using BAR 97 calibration gas to verify that the analyzer is reading within the tolerances established by the Division. Analyzers not reading within the tolerances shall be recalibrated to acceptable tolerances or placed “out of service.”

        3.     The fees assessed upon Certified Emission Repair Facility and/or Enhanced Basic Test Station, Certified Emissions Repair Technicians and Testers shall be determined according to a Fee Schedule adopted by the Davis County Commission. The Fee Schedule is referenced in Section 10.12.250 to this Chapter and may be amended by the Davis County Commission as the Commission deems necessary to accomplish the purposes of this Chapter.

        4.     An Air Pollution Control Fee is hereby assessed upon every Motor Vehicle registered in Davis County annually at the time of registration of the vehicle, including those vehicles that are exempted from the Inspection requirements of this Chapter by  Section 10.12.070.

        5.     Those Certified Emission Repair Facility and/or Enhanced Basic Test Station participating in the program hereunder may charge fees for the required service. Those fees may not exceed, for each vehicle inspected, the following amounts:

            a.    Emissions Tests are not to exceed the amount specified in Section 10.12.250. If a vehicle fails the inspection, the owner is entitled to one free re-inspection if he/she returns to the Inspection Station that performed the original inspection within fifteen (15) days for an Enhanced Basic I/M Program Station or thirty (30) days for the County-operated Certified Emission Repair Facility and/or Enhanced Basic Test Station from the date of the initial inspection. The Station shall extend the free re-inspection time to accommodate the vehicle owner if the Station is unable to schedule the retest of the vehicle within the time period. The Emissions Test fee shall be the same whether the vehicle passes or fails the Emission Test.

            b.    At the request of the Division, a Certified Emission Repair Facility and/or Enhanced Basic Test Station shall extend the free retest time for vehicle owners who were unable to complete emissions repairs because of the unavailability of parts to make the necessary repairs.    

    J.    These fees are subject to change and may be amended as deemed necessary by the Davis County Commission and are enumerated in Section 10.12.250 of this Chapter.

    K.    If a vehicle fails the Emissions Test, and is within the time and mileage requirements of the Federal Emissions Warranty contained in the Federal Clean Air Act, the Certified Emissions Repair Technician and/or ester shall inform the owner/operator that he/she may qualify for warranty coverage of emission related repairs as provided by the vehicle manufacturer and mandated by the Federal Environmental Protection Agency.  The Certified Emission Repair Facility and/or Enhanced Basic Test Station shall display in an area readily accessible to the public any informational pamphlets required by the Division.

    L.    All permits and Certificate of Compliance numbers issued under the provisions of this Chapter remain the property of the Division. heir use is tendered on the condition that the user complies with the requirements of this Chapter.