Section 10.12.160 Certified Emission Repair Facility and/or Enhanced Basic Test Station

     A.    Initial application and permit.
        1.    To qualify for a permit a person shall:
            a.    Submit an application to the Division;
            b.    Possess all required equipment as listed in this Chapter;
            c.    Pass an audit as defined in this Chapter; and
            d.    Employ all required personnel as listed in this Chapter.
            e.    Verify that the person did not have a previous permit that was revoked by the Division.
            f.    Meet any other requirements deemed by the Division to be essential to the current year.
        2.    Permit under this Section must be renewed on or before December 31 of the current year.
        3.    The permit fee schedule is found in Section 10.12.250 of this Chapter.
    B.    Permit renewal.
        1.    Beginning sixty (60) days prior to expiration of a permit, a person may apply for permit renewal.  Upon approval of the completed application and payment of applicable fees, the Division may extend the permit for an additional one (1) year period.
        2.    The Division may impose a penalty fee on a permit which expires prior to receipt of the application for renewal and payment of applicable fees.  After six (6) months, an un-renewed permit is deemed unredeemable and the person may reapply according to the procedures of this Chapter.
        3.    The permit fee schedule is found in SEction 10.12.250 of this Chapter.
    C.    Suspension, revocation, and denial of renewal of permit.
        1.    The Division may suspend, revoke, or deny renewal of a permit under any of the following conditions:
            a.    False, inaccurate, or misleading information is knowingly communicated to any person or in any certificate, record, or document regarding the vehicle Emission Inspection Program;
            b.    The permit is obtained, or attempted to be obtained, fraudulently or deceptively;
            c.    An audit failed; or
            d.    Evidence is exhibited that vehicles repaired by a Repair Facility under this Chapter have repeatedly failed re-inspection.
            e.    A permit may also be revoked for violations of this Chapter by the owner or employees of a Certified Emission Repair Facility and/or Enhanced Basic Test Station for threatening, harassing, stalking or assaulting an employee of the Division or any person having a vehicle tested or repaired subsequent to any requirement of this Chapter.
        2.    The Division may reinstate a suspended permit upon compliance by the facility with the requirements of this Chapter.
        3.    Upon revocation of a permit a person shall, within ten (10) business days, return to the Division all materials which were issued as a result of obtaining the permit, including any signs and documents, and remove any other materials which may lead the public to believe that the facility continues to be permitted.
        
        4.    A penalty schedule in Section 10.12.270 of this Chapter enumerates many of the actions the Division may take against persons permitted under this Chapter.
    D.    Equipment and Tool Requirements for Certified Enhanced Basic Test Stations:
        1.    Certified Enhanced Basic Test Stations shall maintain and update as required all of the following references, equipment and tools:
            a.    Emission diagnostic and repair information for affected Model Year vehicles, the most current of which applies to vehicles of Model Years no more than two (2) years older than the current calendar year.  The information may be stored on magnetic media if a device to read the media is maintained at the facility;
            b.    Appropriate hand tools;
            c.    An exhaust emission analyzer which conforms, at a minimum, to the analyzer specifications of Section 10.12.240;
            d.    Shop air with regulator for analyzer zero air generator;
            e.    Dedicated phone line for host communication;
            f.    Technician Bulletins, charts, and Davis County I/M Ordinance which will be provided by the Division.
    E.    Equipment Requirements for Certified Emission Repair Facilities and Enhanced Basic Test Stations:
        1.    Certified Emission Repair Facilities and Enhanced Basic Test Stations shall maintain and update as required all of the following references, equipment and tools:
            a.    Emission diagnostic and repair information for affected Model Year vehicles, the most current of which applies to vehicles of Model Years no more than two (2) years older than the current calendar year.  The information may be stored on magnetic media if a device to read the media is maintained at the facility;
            b.    Scanner capability to interrogate Onboard Diagnostics of vehicles, the most current of which applies to vehicles of Model Years no more than two (2) years older than the current calendar year;
            c.    A voltmeter with AC and DC capability;
            d.    A DC ammeter;
            e.    An ohmmeter;
            f.    A fuel or hydraulic pressure gauge;
            g.    A vacuum gauge;
            h.    A vacuum pump;
            i.    A compression tester and cylinder leak down tester;
            j.    A timing light with advance capability;
            k.    An exhaust emission analyzer which conforms, at a minimum, to the analyzer specifications of Section 10.12.240;
            l.    A tachometer;
            m.    A dwell meter or duty cycle meter.
            n.    Appropriate hand tools;
            o.    Shop air with regulator;
            p.    Dedicated phone line;
            q.    Technician Bulletins;
    F.    Personnel Requirements:
        1.    A Certified Emission Enhanced Basic Test Station shall employ and ensure at least one (1) Certified Emission Tester is routinely scheduled to work during the advertised operating hours of the facility.
        2.    A Certified Emission Repair Facility and Enhanced Basic Test Station shall ensure that only a Certified Emission Repair Technician diagnoses emission related faults, and supervises or performs emission related repairs and adjustments to bring vehicles into compliance with the provisions of this Chapter.
        3.    A Certified Emission Repair Facility and Enhanced Basic Test Station shall employ at least one (1) full-time Certified Emission Repair Technician at each Certified Emission Repair Facility location and ensure that a Certified Emission Repair Technician is routinely scheduled to work during the advertised operating hours of the facility.
    G.    Equipment Quality Assurance.
For all equipment required under this Chapter, a Certified Emission Repair Facility and/or Enhanced Basic Test Station shall follow at a minimum, the manufacturer specifications for maintenance and calibration, and the procedures established by the Division.
    H.    Audits.
        1.    A Certified Emission Repair Facility and/or Enhanced Basic Test Station shall allow access to Division personnel to conduct audits of the facility.  Audits will be conducted at random and with no prior notification.
        2.    An audit will include equipment, calibration gas, and compliance with personnel requirements.
        3.    Audit failure is cause for suspension, revocation, or denial of renewal of a facility permit.
        4.    Uncooperative or abusive behavior by an employee, representative, or individual at a Certified Emission Repair Facility and/or Enhanced Basic Test Station is cause for audit failure.
        5.    A Certified Emission Repair Facility and/or Enhanced Basic Test Station shall not use any piece of equipment which fails an audit until a subsequent audit is passed.
        6.    The person responsible for a Certified Emission Repair Facility and/or Enhanced Basic Test Station shall allow further monitoring at the discretion of the Division to ensure quality control or to determine compliance with this Chapter.
 


(Ord. 3-2010, Amended, 07/20/2010, Prior Text; Ord. 6-2008, Amended, 07/15/2008, Prior Text; Ord. 03-2002, Amended, 10/01/2002, Prior Text)