Chapter 10.12 ENHANCED VEHICLE EMISSIONS INSPECTION MAINTENANCE PROGRAM


Section 10.12.140 Certificates of Compliance and Waivers.

    A.    Certificates of Compliance
        1.    No person shall make, issue or knowingly use any imitation or counterfeit of an official Certificate of Compliance or Waiver or any other official program documents.
        2.    Certificates of Compliance numbers shall be purchased only from the Division.
        3.    No refund or credit shall be allowed for unused numbers, except as provided in Section 10.12.140.
        4.    Purchase of Certificates of Compliance.
            a.    Certificates of Compliance numbers shall be purchased in person or by mail. Sales shall only be made to a representative of the Certified Emission Repair Facility and/or Enhanced Basic Test Station possessing an acceptable form of identification unless an alternative method is developed.  Certificates of Compliance may be purchased through the mail with an official business check.  Cash will not be accepted through the mail.
            b.    Certificates of Compliance shall be sold at the cost adopted by the Davis County Commission and referenced in Section 10.12.250, in lots to be determined by the Division. The Division may limit the number of Certificates of Compliance  purchased to the number that the Division feels can be secured and stored safely.
            c.    Certificates of Compliance shall not be sold, loaned, transferred, or given to any other  Certified Emission Repair Facility and/or Enhanced Basic Test Station, or any unauthorized individual.  The Certified Emission Repair Facility and/or Enhanced Basic Test Station shall at all times account for all Certificates of Compliance that have been purchased by the station.
        5.  Certificates of Compliance shall only be processed from UTAH 2000 analyzer dedicated printer. Other means of printing Certificates is strictly prohibited.   Certificates will be signed and dated immediately after printing.
        6.    Upon final cancellation, suspension or revocation of the I/M Program permit of any Certified Emission Repair Facility and/or Enhanced Basic Test Station, a final communication with the UTAH 2000 analyzer to retrieve the current data is required, and the station owner, manager or other responsible person shall immediately surrender all unused Certificate of Compliance numbers to the Division. The division shall receipt and refund the fee paid for unused Certificates of Compliance to the station owner according to the Davis County Auditor's procedures.  Upon transfer or termination of business ownership, the Certified Emission Repair Facility and or Enhanced Basic Test Station permit and all Certificates of Compliance shall be immediately forwarded to the Division.  Any person acquiring a business that has been permitted as a Certified Emission Repair Facility and/or Enhanced Basic Test Station is prohibited from using any permit or Emission Certificates of Compliance issued to the former business.  If the business is being sold in such a manner that the UTAH 2000 Analyzer is part of the purchase and will be kept in Davis County for emission testing, then any unused Certificates of Compliance will be verified by the Auditor during the pre-opening inspection and will then be issued to the new station.
            a.    Any analyzer manufacturer or their authorized representative who repossesses or otherwise removes an approved I/M analyzer from a Certified Emission Repair Facility and/or Enhanced Basic Test Station shall immediately notify the Division and shall immediately forward any Certificates of Compliance that may still be in the analyzer to the Division.
    B.    Certificates of Waiver
        1.    Under certain conditions as determined by the Division, the Division may issue a a temporary Waiver enabling a vehicle to be registered.  The person to whom the temporary Waiver is issued shall comply with the conditions of the temporary Waiver as agreed upon by a signed affidavit.  Failure to comply with the affidavit shall be considered a violation of this Chapter.  The Division is under not requirement or obligation to issue these Waivers.
        2.    Any vehicle that experiences any increase in all emission levels shall not be eligible for an Emission Repair Waiver regardless of the amount spent in attempting to repair the vehicle.
        3.    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.
        4.    A Certificate of Waiver shall be issued to a vehicle 1996 or newer only if the following requirements are met:
            a.    The vehicle is not within the time and mileage requirements of the federal emission warranties.
            b.     All air pollution control devices originally installed by the manufacturer are in place and operating properly.
            c.    A waiver has not been issued to the vehicle in the past.
            d.    The Malfunction Indicator Lamp must be functional and must be requested off by the power train control module with the engine running and all system's readiness function tests have completed.
            e.    No power train modifications or engine switching (as defined) have occurred.
        5.    A Certificate of Waiver shall be issued to a vehicle 1996 or newer and 8501 lbs. GVWR or more only if the following requirements are met:
            a.    The vehicle is not within the time and mileage requirements of the federal emission warranties.
            b.    All air pollution control devices originally installed by the manufacturer are in place and operating properly.
            c.    A waiver has not been issued to the vehicle in the past.
            d.    The Malfunction Indicator Lamp must be functional and must be off when the engine is running.
            e.    No power train modifications or engine switching (as defined) have occurred.
            f.    A minimum of $750.00 has been spent for emissions failure repairs after failing the initial test.
            g.    The emissions readings did not increase upon retesting after repairs have been completed.
        6.    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, AIR System and other emission control devices) are in place and apparently operable on the vehicle as specified in Section 0.12.100.  If the systems and/or devices have been removed or rendered inoperable, they shall be replaced or repaired before a WAiver is granted.
            b.    The vehicle continues to exceed applicable emission standards after $250 (two hundred and fifty dollars) plus any additional amount specified in Section 10.12.250 has been spent on acceptable emission related repairs performed by a Certified Emission Repair Facility (permitted under Sections 10.12.090) as part of the acceptable emission related repairs.  Proof of repair costs for the vehicle performed after the initial failure shall be provided in the form of an itemized statement in which emission related parts are specifically identified.  Labor performed by non-permitted facilities does not count as acceptable emission repair costs for purposes of obtaining a Waiver.
        7.    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.
            b.    Air pollution control devices applicable and specified in Section 10.12.100 of this Chapter 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 issued.
            c.    The vehicle continues to exceed applicable emission standards after $450 (four hundred and fifty dollars) plus any additional amount specified in Section 10.12.260 has been spent on acceptable emission related repairs performed by a Certified Emission Repair Facility as part of the acceptable emission related repairs.  Proof of repair cots shall be provided for the vehicle to the Technician/Tester conducting the testing in a form of an itemized statement in which emission related parts are specifically identified.  Labor performed by non-permitted facilities does not count as acceptable emission repair costs for purposes of obtaining a Waiver;
            d.    A Waiver has not bee issued for the vehicle in the past; and
            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 Emission Repair Waiver, but shall be required to pass the emission standards.
        8.    Any vehicle that experiences any increase in all emission levels shall not be eligible for an Emission Repair Waiver regardless of the amount spent in attempting to repair the vehicle.
        9.    Acceptable emission 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 emission necessary to comply with the applicable emission standards, cut points and procedures.
            a.    There has been no engine switching (as defined) or engine modifications.  The emission readings have not increased;
            b.    Does not include adjustments, maintenance, or repairs performed prior to the official Emission Test;
            c.    Does not include the fee paid for the test;
            d.    Does not include costs associated with the repairs or replacements 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 emission 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.    Emission Control Systems;
                v.    Basic Engine Systems; and
                vi.    Power Train Control and Management Systems.
        10.    Information regarding all performed repairs shall be entered into the appropriate database of the analyzer prior to the vehicle being retested.
        11.    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).    
        12.    Prior to referring the owner to the Division for determining Waiver eligibility, the Certified Repair Technician and/or Emission Tester shall verify that the repair and eligibility requirements of this Section have been met.     
        13.    Gray Market Cars - 1995 and older vehicles will not be eligible for a waiver unless all emission devices meet the U.S. counterpart federal certification for that model year of vehicle and are operational.  If a U.S. counterpart does not exist, Catalytic Converter, Evaporative Emission Control, PCV System, EGR System and possibly A.I.R. system will be required.
            a.    1996 and newer vehicles, 8501 pounds GVWR or over, must meet the same emission standards as the U.S. counterpart.  These vehicles will not be eligible for a Waiver unless equipped with emission control devices that appear on the U.S. counterpart.  If a U.S. counterpart does not exist, Catalytic Converter, Evaporative Emission Control, PCV System, EGR System, and possibly A.I.R. system will be required.
        14.    Replica Vehicles/Kit Cars - A specially constructed vehicle shall not receive a Waiver unless meeting all requirements of this Chapter.
 


(Ord. 6-2008, Amended, 07/15/2008, Prior Text; Ord. 03-2002, Amended, 10/01/2002, Prior Text)