Section 10.12.070 General Provisions.
Prior to the adoption of Ord. 03-2002 on 10/01/2002, Section 10.12.070 read as follows.
A. Subject to the exceptions in subsection
G of this section Section 10.12.070.E and
pursuant to the schedule in subsection B of this section, 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 an enhanced or enhanced basic I/M program
station as specified in this chapter Ordinance or other entity approved by the
Director.
1. Vehicles that are principally operated within Davis County
must comply with the emission
control requirements of this chapter. “Principally operated” means that over fifty (50) percent
of
the miles operated or time the vehicle is operated it is in Davis County.
2.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 subsection G of this section 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 subsection (J)(4) of this section 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. Vehicles that are six, nine, and twelve (12) model-years old or any
combination of vehicles which provide emission reductions which are equal to or greater than
vehicles which are six, nine, and twelve (12) model-years old are required to be tested at the
County-operated enhanced I/M program station. All vehicles not subject to testing at the County-run
IM240 facility are required to be tested annually at an enhanced Basic I/M program station.
either at the county operated enhanced I/M program station or at an enhanced basic I/M program
station.
2. Using criteria established by the Division
and found in Section 10.12.280, up to one half
of the 1981 model year and newer vehicles registered in Davis County in any given year may be
required to be tested in a County-operated enhanced I/M program station and the remainder of
the vehicles shall be tested in the enhanced basic I/M program stations.
3.2. Those vehicles with onboard
diagnostics II (OBD II) capability will be tested at
locations approved by the Division. The model year vehicles required to be tested by OBD II
will
be identified in Section 10.12.280.
C. If Section 41-6-158 of the Utah Code Annotated,
1953, as amended, concerning safety
inspections is in effect, the official vehicle emissions inspection shall occur and a certificate of
compliance or waiver shall be issued within the same time period as applicable in Section 41-6-158.
D. If Section 41-6-158 of the Utah Code Annotated,
1953, as amended, concerning safety
inspections is not in effect, the official vehicle emissions inspection shall occur and a certificate
of compliance or waiver shall be issued within two months prior to the date of the motor vehicle
registration.
E.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
41-3-28.5303, Utah Code Annotated, 1953, as amended. The purchaser’ s name,
address, and
phone number shall be recorded by the dealer on the back of the certificate.
D. A dealer issuing a temporary permit for a vehicle registered in
Davis County must supply
proof of the vehicle's compliance with this Ordinance to the new owner in the form of an official
vehicle inspection report (VIR).
F.E. Owners of publicly-owned
vehicles shall comply with the inspection program
requirements on an annual basis pursuant to a schedule determined by the Division.
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 on an
annual basis, pursuant to a schedule determined by the Division and as required
by Section 118 of the Clean
Air Act as amended in 1990.
G.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 other Ordinances);
7. Any motor vehicle which qualifies and is operated
as a vintage vehicle in accordance with
Section 41-1a-226, Utah Code Annotated, 1953, as amended and is 1967 model year or
older.Motor vehicles which qualify for legislative exemptions.
H.G. It shall be the responsibility
of the certified emissions repair technician or certified
emissions tester to inform the owner/operator of the vehicle that the vehicle is not required to
have an official emission inspection for vehicle registration purposes if a vehicle exempted from
the emissions testing requirement by subsection G of this section Section 10.12.070
of this
Ordinance is brought to the certified emission repair technician or certified emission tester for
an
official emission test.
I.H. Official signs for enhanced
basic I/M program stations.
1. All enhanced basic I/M program stations, 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 Section 10.12.130
this Ordinance shall be posted in a conspicuous place on the enhanced basic I/M program station’
s premises, if required by the Division.
3. The enhanced basic I/M program station shall post
on a clear and legible sign and in a
conspicuous place at the station, the fees charged by that station for the performance of the
emissions inspection and the I/M program adjustments. Block lettering of the fee shall be a
minimum size as determined by the Division.
4. The signs required by subsections (I)(1) through
(I)(3) of this section Section 10.12.070
shall be located so as to be easily in the public view.
J.I. Equipment available for
inspection at enhanced basic I/M inspection stations.
1. Requesting a fraudulent inspection is a violation of the Ordinance.
1.2. Required references, tools
and equipment as noted in Section 10.12.090(A)(4),
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
enhanced basic I/M program station at all times and shall be available for inspection and
collection by the Division at any time the enhanced basic I/M program station is open for
business. Inspection records must be retained for a minimum of eighteen (18) months from the
date of the original test.
2.3. A periodic inspection and
audit shall be made by a Division representative to verify
compliance with this chapter Ordinance for each enhanced basic I/M program station. As
part of
the periodic inspection and audit of the enhanced basic I/M program station the Division
representative shall, as applicable, observe the performance of a gas calibration and leak check
performed by the certified emissions repair technician or certified emissions tester, examine leak
check and gas calibration records, and examine inspection records and certificates of compliance
as well as other required reports, forms, or records to see that the use of these items are in
compliance with this chapter and the policies and procedures of the Division.
a. During the time of the inspection and audit
by the Division, the Division representative
shall have exclusive access to the approved emissions testing UTAH2000 analyzer(s).
b. The Division representative may check the accuracy
of the analyzer using Division 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.”
3.4. The fees assessed upon
enhanced basic I/M program stations, certified emissions repair
technicians and certified emissions 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 Ordinance and may be amended by the Davis County Commission as the Commission
deems necessary to accomplish the purposes of this chapter Ordinance.
4.5. An air pollution control
fee of one dollar 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 Ordinance
by
subsection G of this section Section 10.12.070.
5.6. Those enhanced basic and
enhanced I/M program stations 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 inspections 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 reinspection 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 enhanced I/M program
station from the date of the initial inspection. The station shall extend the free reinspection time
to accommodate the vehicle owner if the station is unable to schedule the retest of the vehicle
within the time period. The emissions inspection fee shall be the same whether the vehicle passes
or fails the emission test.
b. At the request of the Division, an enhanced basic
I/M program 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.
c. Duplicate certificates of compliance issued
to a vehicle owner/operator, shall not exceed
three dollars.
K.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 Ordinance.
L.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 or certified emissions tester 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 emissions repair
technician or certified emissions tester shall provide the owner with a copy or copies of the
applicable emissions warranty pamphlets approved by the Division. The enhanced basic I/M
program station shall display in an area readily accessible to the public any informational
pamphlets required by the Division.
M.L. All permits and certificates numbers issued
under the provisions of this chapter
Ordinance remain the property of the Division. Only their use is tendered on the condition that
the user complies with the requirements of this chapter. (Ord. 1-1997 §§ 1, 2; Ord.
7-1996 § 1
(part)) Ordinance.