Prior to the adoption of Ord. 03-2002 on 10/01/2002, Section 10.12.100 read as follows.

    A.    The official emissions inspection shall be solely performed by a certified emissions repair technician or certified emissions tester who has been permitted at the enhanced basic I/M program station where the inspection is being performed and Division approved inspection procedures are to be followed.
    B.    If the certified emissions repair technician or certified emissions tester is unable, unqualified, or unwilling to make the required repairs or adjustments, should the vehicle fail the emissions test, he/she shall notify the owner/operator of the vehicle before the emissions test is administered.
    C.    The entire inspection shall take place within the reach of the analyzer hose.
    D.    The temperature of the inspection area shall be between forty-one (41) degrees Fahrenheit and one hundred ten (110) degrees Fahrenheit during the inspection.
    E.    The analyzer shall be kept in an area that provides adequate protection from the weather, wind, and extreme temperatures.
    F.    The electrical supply to the analyzer shall be able to meet the analyzer manufacturer’ s requirements for voltage and frequency stability, real time data links shall be connected and functioning when applicable.
    G.    The certified emissions repair technician or certified emissions tester shall not inspect or test any motor vehicle with a mechanical condition which may cause injury to inspection personnel or damage to the enhanced basic I/M program station or test equipment or which may affect the validity of the test, until such condition is corrected. Such conditions include, but are not limited to: coolant, oil, or fuel leaks, low oil or low fluid levels, and high visible emissions (smoker).
    H.    Any time an engine stalls during an a two-speed idle emissions test, the test shall be restarted. If a certified emissions repair technician or certified emissions tester cannot complete a test because of continuous stalling, fluctuating RPM measurements, or RPM measurements that are not within the Division and manufacturers specified parameters, then these problems shall be corrected before the test is continued.
     I.     Any time the analyzer cannot establish communication through the data link of a 1996 or newer light-duty truck (8500 GVWR or less) or automobile, the communication problem must be corrected before the test can continue.
     I.J.     The technician/tester shall verify the vehicle license plate and vehicle identification numbers by comparing the information on the vehicle’ s registration with those on the vehicle and shall accurately record them on the DC98UTAH2000 analyzer.
    1.    The technician/tester shall verify the owner’s name and address and enter this information into the analyzer from the registration card. The technician/tester shall determine and enter the county in which the vehicle is registered.
    2.    The technician/tester shall enter completely and accurately all the information required as part of the data entry procedure for the official vehicle emissions test on the approved DC98 UTAH2000 analyzer including accessing the Division approved real time data link when applicable.
     J.K.    The technician/tester shall:
     1.    The technician/tester shall follow and complete all prompts or inquiries of the UTAH2000 analyzer to include proper shut-down and establish host communication.
     1.2.     Examine the emissions/tune-up specification decal (sticker) under the hood and or check an approved reference manual application guide to determine if the vehicle was manufactured with a catalytic converter, air injection reaction (AIR) system, fuel restrictor PCV system, EGR system, evaporative control system, gas cap and other air pollution control devices.
     2.3.     On 1984 and newer vehicles visually inspect for the presence and apparent operability of the AIR System, catalytic converter, fuel restrictor, EGR system, evaporative control system, PCV system, and perform a functional gas tank cap test in accordance with Division procedures and record the information in the emissions analyzer. If these parts or systems have been removed or are inoperable, the owner shall repair or replace the parts or systems before the emissions test may be continued.
     3.4.     On 1983 and older vehicles visually inspect for the presence and apparent operability of the AIR system, catalytic converter, and fuel filler neck restrictorPCV system, EGR system, evaporative control system, gas cap or other air pollution control equipment required on the vehicle in accordance with Division procedures, and record the information in the emissions analyzer. If these parts or systems have been removed or are inoperable, the owner shall repair or replace the parts or systems before an emissions waiver may be issued.
     a.    The technician/tester shall use a Division approved non-sparking inlet test gauge that has a outside diameter equal to that of a leaded fuel pump nozzle (range of 0.950 +.005 inches) to test for tampering with the fuel restrictor on all vehicles originally equipped with a catalytic converter. The inlet test gauge shall be kept so as to be readily available at all times. If the gauge can penetrate the fuel restrictor, then the fuel restrictor fails.
    b.    A tampered fuel restrictor requires that the fuel restrictor be repaired and that the catalytic converter be replaced unless otherwise determined by the Division.
     K.L.    The analyzer shall be warmed up and stabilized and real time data links established when applicable prior to performing any inspection.
     L.M.    Each vehicle receiving a two-speed idle test shall be checked to determine that it is at normal operating temperature by feeling the top radiator hose or by checking the temperature gauge. Each vehicle shall be at normal operating temperature before performing the emissions inspection.
     1.    The vehicle shall be tested according to the testing sequence as detailed in the analyzer specifications referenced in Section 10.12.240 as programmed into the analyzer testing sequence. Vehicles failing because of excessive exhaust dilution shall repair the dilution problem prior to continuing the emission test.  The dilution standard shall be contained in the analyzer specifications as referenced in Section 10.12.240 and adjusted when the Division determines by analysis that an adjustment is necessary to yield a more accurate level of emissions readings.
     M.    The inspection shall be performed with the transmission in ‘ park’  or ‘ neutral’  and with all accessories off and the emergency brake applied.
     N.    The analyzer probe shall be inserted into the exhaust pipe at least twelve inches or as recommended by the analyzer manufacturer, whichever is greater.
    O.    If a baffle or screen prevents probe insertion of at least twelve inches, a suitable probe adapter or snug fitting, non-reactive hose which effectively lengthens the exhaust pipe shall be used.
    P.    For all vehicles equipped with a multiple exhaust system that does not originate from a common point, both sides shall be tested simultaneously with an approved adaptor.
    Q.    When inspecting a vehicle under windy conditions, the tailpipe shall be shielded from the wind with a suitable cover.
    R.    For All Vehicles Subject to Enhanced Basic I/M Inspection.
    1.    The tachometer shall be properly attached;
    2.    The vehicle shall be tested according to the testing sequence as detailed in the analyzer specifications referenced in Section 10.12.240 as programmed into the analyzer testing sequence. Vehicles failing because of excessive exhaust dilution shall repair the dilution problem prior to continuing the emission test. The dilution standard shall be contained in the analyzer specifications as referenced in Section 10.12.240 and adjusted when the Division determines by analysis that an adjustment is necessary to yield a more accurate level of emissions readings.
    S.    A gascap pressure test shall be performed according to specifications established by the Division and detailed in Section 10.12.290.
    T.    A fuel system pressure test shall be performed according to specifications established by the Division and detailed in Section 10.12.290.
    U.    An EGR valve functional test performed according to specifications established by the Division and detailed in Section 10.12.290.
     V.N.    A certificate of compliance shall be issued if:
    1.    The vehicle emissions levels are the same as or less than the applicable emissions standards; and
    2.    For 1984 and newer model year vehicles, the vehicle passes the visual tampering inspection described in subsection J of this section.
     3.    The vehicle passes the fuel cap pressure test, fuel system pressure test, and the EGR functional test according to standards established by the Division and detailed in Section 10.12.290.
     W.O.    All testing procedures for restart testing, second chance testing, etc, shall be followed as contained in the analyzer specifications referenced in Section 10.12.240.
     P.     Test procedure for 1996 and new vehicles being tested at basic enhanced test stations.
     1.    The certified emissions tester or certified emissions tester/repair technician shall enter as prompted by the UTAH2000 analyzer all appropriate data.  After data entries have been completed the tester shall follow the OBDII test procedure as prompted by the UTAH2000 analyzer.
     2.    After test completion, whether the vehicle passes, fails, or is not ready the tester shall sign all appropriate documents where indicated.
     X.    If the vehicle fails the initial emissions inspection a certificate of compliance shall be issued if all of the following requirements are met:
    1.    The vehicle is re-tested;
    2.    The vehicle emission levels are the same as or less than the applicable emissions standards and passes the fuel cap pressure test, fuel system pressure test and EGR valve function test; and
    3.    For 1984 and newer model year vehicles, the vehicle passes the visual tampering inspection as provided for in subsection J of this section.
     Y.Q.    A certificate of waiver shall be issued only under the following conditions:
    1.    A certificate of waiver shall be issued for 1983 and older model year vehicles if all of the following requirements are met:
    a.    Air pollution control devices (catalytic converter, fuel filler neck restrictor, AIR system and other emission control systems and devices) are in place and apparently operable on the vehicle as specified in subsection J of this section Section 10.12.100.  If the systems and/or devices have been removed or rendered inoperable, they shall be replaced or repaired before a waiver is granted. Also, fuel cap pressure test, fuel system pressure test and EGR valve function test failures must be repaired prior to issuance of a waiver;
    b.    The vehicle continues to exceed applicable emission standards after two hundred fifty dollars ($250.00)$250.00 (two hundred and fifty dollars) plus any additional amount specified in Section 10.12.250 has been spent on acceptable emissions related repairs and if required by the Division, the adjustments required by Section 10.12.150 have been performed by a certified emissions repair facility or an enhanced basic I/M program station (permitted under Sections 10.12.090 or 10.12.180) as part of the acceptable emissions related repairs. Proof of repair costs for the vehicle shall be provided for the vehicle to the technician/tester conducting the testing in the form of an itemized bill, invoice, work order, manifest or statement in which emissions related parts are specifically identified. Labor performed by non-permitted facilities does not count as acceptable emissions repair costs for purposes of obtaining a waiver; and
     c.    A waiver has not been issued for the vehicle in the previous year.
    2.    A certificate of waiver shall be issued for 1984 to 1995 vehicles if all of the following requirements are met:
     a.    A certificate of waiver can only be issued by the Division.  Application for a waiver must be made at the Technical Center.  A waiver is issued only once.  The vehicle will not be issued a second waiver.
     a.b.        Air pollution control devices applicable and specified in subsection J of this section of this chapter Section 10.12.100 of this Ordinance are in place and operable on the vehicle. If the devices have been removed or rendered inoperable, they shall be replaced or repaired before a waiver is granted Also, fuel cap pressure test, fuel system pressure test and EGR valve function test failures must be repaired prior to issuance of a waiver; issued.
     b.c.        The vehicle continues to exceed applicable emission standards after four hundred fifty dollars ($450.00) (four hundred and fifty dollars) plus any additional amount specified in Section 10.12.250 has been spent on acceptable emissions related repairs performed by a certified emissions repair facility or an enhanced basic I/M program station (permitted under Sections 10.12.090 or 10.12.180) as part of the acceptable emissions-related repairs. Proof of repair costs shall be provided for the vehicle to the technician/tester conducting the testing in the form of an itemized bill, invoice, work order, manifest or statement in which emissions related parts are specifically identified. Labor performed by non-permitted facilities does not count as acceptable emissions repair costs for purposes of obtaining a waiver;
     c.d.        A waiver has not been issued for the vehicle in the previous year past; and
     d.e.        The vehicle is not within the time and mileage requirements of the federal emissions warranties. Any vehicle that is within the time and mileage requirements of the federal emissions warranties shall not be eligible for an emissions repair waiver, but shall be required to pass the emissions standards.
    3.    Any vehicle that experiences any increase in all emissions levels shall not be eligible for an emissions repair waiver regardless of the amount spent in attempting to repair the vehicle.
     4.    As used in subsections (Y)(1)(b) and (Y)(2)(b) of this section, acceptable emissions-related repairs:
     4.    Acceptable emissions related repairs refers to those expenditures and costs associated with the adjustment, maintenance, and repair of the motor vehicle which are directly related to reduction of exhaust emissions necessary to comply with the applicable emissions standards, cut points, and procedures;
    a.     Refers to those expenditures and costs associated with the adjustment, maintenance, and repair of the motor vehicle which are directly related to reduction of exhaust emissions necessary to comply with the applicable emissions standards, cut points, and procedures;There has been no engine switching (as defined) or engine modifications.  The emissions readings have not increased.
    b.    Does not include adjustments, maintenance, or repairs performed prior to the official emissions test;
    c.    Does not include the fee paid for the test;
    d.    Does not include costs associated with the repairs or replacements required by subsection J of this section or the replacement, and/or repair of air pollution control equipment on the vehicle if the need for such adjustment, maintenance, replacement, or repair is due to disconnection of, tampering with, or abuse of the emissions control systems;
    e.    Does not include repairs performed to the vehicle’ s exhaust system to correct problems with excessive exhaust dilution;
    f.    Refers to repairs, maintenance, and diagnostic evaluations of the following systems, if done according to manufacturer’s specifications, to the extent that the purpose is to reduce exhaust emissions:
    i.    Air intake systems;
    ii.    Ignition systems;
    iii.    Fuel control systems;
    iv.    Emissions control systems except as noted in subsection (Y)(4)(d) of this section; and
    v.    Basic engine systems: and
    vi.    Power train control and management systems.
     Z.R.    Information regarding all performed repairs shall be entered into the appropriate data base of the analyzer prior to the vehicle being retested.
     AA.S.  Certificates of waiver shall only be issued by the Division unless the Division determines other acceptable methods of issuing the waivers. A waiver shall only be issued after determining that the vehicle complies with the requirements of this section for waiver issuance. A waiver will not be issued to a vehicle with an illuminated malfunction indicator lamp (check engine light).
     BB.T.  Prior to referring the owner to the Division for determining waiver eligibility, the certified emissions tester or certified emissions repair technician shall verify that the repair and eligibility requirements of this Section have been met and shall provide the vehicle owner with the required referral form if applicable.
     CC.U.  The certificate and inspection records shall be completed accurately, signed immediately and filed and distributed, as required by the Division. The customer shall be given the appropriate copy.
     DD. Copies of certificates and inspection records shall be kept on file at the enhanced basic I/M program station for a minimum of eighteen (18) months.
     EE.V.     Vehicles capable of being operated on both gaseous and liquid petroleum fuels shall be tested for both fuels in accordance with the DC98 UTAH2000 analyzer specifications as referenced in Section 10.12.240Appendix A to this Ordinance.
     FF. When a vehicle owner requests an emissions test, the technician/tester shall perform the inspection in the testing mode of the approved DC98 analyzer. Performing a screening test in the manual mode of the approved DC98 analyzer or on a non-approved analyzer shall be a violation of this chapter if the vehicle owner requested an emissions test. No adjustments or repairs shall be made prior to a requested I/M inspection. (Ord. 7-1996 § 1 (part))
    W.    Automotive imports applying for registration in Davis County must at the minimum:
    1.    1995 and older vehicles will be required to pass the tailpipe and tampering standards for the model year appearing on the registration.
    2.    1995 and older vehicles will not be eligible for a waiver unless all emission devices it's U.S. counterpart would be equipped with are in place and operating.  If a U.S. counterpart does not exist, catalytic converter, evaporative emissions control, PCV system, EGR system and possibly A.I.R. system will be required.
    3.    1996 and newer vehicles 8500 pounds GVWR or less must be equipped with a functioning OBDII system, and must pass the OBDII test.
    4.    1996 and newer vehicles 8501 pounds GVWR or over must meet the same emissions standards as the U.S. Counterpart.  These vehicles will not be eligible for a waiver unless equipped with emission control devices that should appear on the U.S. Counterpart.  If a U.S. Counterpart does not exist, catalytic converter, evaporative emissions control, PCF system, EGR system, and possibly A.I.R. system will be required.
    X.    Specially constructed vehicles (kit cars).
    1.  Specially constructed vehicles must be tested using and passing the cutpoints of the model year coinciding with the model year assigned the vehicle at the time of the vehicles registration as a specially constructed vehicle, not the model year of the chassis on which it may be built or the model year in which the engine configuration was used.
    2.    Specially constructed vehicles model year 1996 and newer must be equipped with fully functional OBDII systems and must pass an OBDII test.
    3.    A specially constructed vehicle shall not receive a waiver unless meeting all requirements of this Ordinance.
    Y.    OBDII (Onboard Diagnostics Generation II)
    1.    Federal law requires that all automotive manufacturers meet OBDII standards by 1996.
    2.    A malfunction indicator lamp (M.I.L.) must illuminate if a system or component either fails or deteriorates to the point where the vehicles emissions could rise above 1-1/2 times the federal test procedure standards.  The M.I.L. must function and the power train control module (P.C.U.) must be able to take command of the M.I.L.