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


Prior to the adoption of Ord. 03-2002 on 10/01/2002, Section 10.12.160 read as follows.

        A.    Engine switching shall be allowed only in accordance with E.P.A. policy.
    B.    Vehicles not meeting the requirements of this section shall be deemed as tampered and dealt with in accordance with the tampering provisions of this chapter.
    C.    All 1984 and newer vehicles with switched engines shall be verified to meet E.P.A. requirements by the Division prior to issuance of a certificate of compliance.
    D.    For 1968 to 1983 vehicles, having an engine other than the original engine and emission control configuration are deemed as tampered. These vehicles must meet the HC and CO standards for the model year of the vehicle in order to receive a certificate of compliance, and are not eligible for a certificate of compliance - waiver, unless they are restored to the original engine and emission control configuration or a configuration approved by the Division. (Ord. 7-1996 § 1 (part))
    A.    Certified emissions tester.
    1.    To qualify for this permit, an individual shall:
    i.    Possess current, valid permit as an inspector/mechanic under Davis County ordinances in effect prior to the start up of the enhanced I/M testing program;
    ii.    Complete Division required bridge course; or
    iii.a.    Meet all of the following requirements:
    (A)b.    Demonstrate two (2) years full-time employment experience as an automotive technician performing emissions related repairs on on-road vehicles not powered by diesel fuel or electricity, except that a person with two (2) full years of full-time education related to the repair of on-road vehicles not powered by diesel fuel or electricity need only demonstrate one 1 year of the required employment; and
    (B)c.    Complete the Division-required bridge course; and
    (C)d.    Comply with the applicable requirements of Section 10.12.120 of this Ordinance; and
    (D)e.    Meet any other requirements deemed by the Division to be essential to the purposes of this chapter Ordinance.
    2.    After application, approval by the Division, and on payment of applicable fees, The certified emissions tester permit shall be issued to the applicant. The permit is valid for one year from its date of issue until December 31 of that year. It may be renewed beginning sixty (60) days prior to the expiration date. If the permit is allowed to expire, the Division may impose a penalty fee prior to renewal. Renewal is required on or before December 31st of the current year.
    3.    In order to qualify for renewal of a certified emissions tester permit, the permittee must have paid applicable fees, completed Division-approved yearly update schooling and any other requirements of this chapterOrdinance or the Division.
    4.    The permit fee schedule is found in Section 10.12.250 of this Ordinance.
    B.    Certified emissions repair technician.
    1.    To qualify for this permit, an individual shall:
    i.a.      Demonstrate five (5) years full-time employment experience as an automotive technician performing emissions related repairs on on-road vehicles not powered by diesel fuel or electricity, except that a person with two (2) full years of full-time education related to the repair of on-road vehicles not powered by diesel fuel or electricity need only demonstrate four (4) years of the required employment; and
    ii.   Possess a valid certified emissions tester permit; and
    iii.b.    Possess all of the following current, valid ASE certifications:
    (A)c.    Engine performance (A-8), and
    (B)d.    Advanced Engine Performance Specialist (L-1); and
    iv.e.    Complete a thirty-two (32) 32 hour, Division-approved Enhanced I/M Failure course;
    v.f.     Comply with the applicable requirements of Section 10.12.120110 of this Ordinance;
    vi.g.    Meet any other requirements deemed by the Division to be essential to the purposes of this chapter Ordinance.
    2.    In order to retain the certified emission repair technician permit and to qualify for renewal, the permittee must maintain a current ASE L-1 Certification and complete yearly update schooling as required and approved by the Division.
    3.    An individual qualifying for a permit as specified in subsection B of this section may submit an application to the Division. Upon approval of the application and payment of applicable fees, the Division shall issue the permit. The permit is valid through the earliest of the following dates:
    i.    Three years from the date the permit is issued;
    ii.    The expiration date of the individual’ s ASE engine performance (A-8) certification; or
    iii.    The expiration date of the individual’ s ASE advanced engine performance specialist (L-1) certification.
    4.3.     The permit fee schedule is found in Section 10.12.250 of this Ordinance.
    C.    Permit Renewal.
    1.    An individual with a current, valid permit as issued under subsections A and B of this section Section 10.12.170 of this Ordinance may apply for permit renewal beginning sixty (60) days prior to permit expiration. If the permit is allowed to expire, the Division may impose a penalty fee prior to renewal.
    2.    To renew a permit, an individual shall:
    i.a.      Submit an application to the Division; and
    ii.b.     Possess current, valid applicable ASE certifications as required by this chapter   Ordinance.
    3.    The permit renewed under this section is valid through the applicable date defined in subsections (A)(2) or (B)(3) of this section.
    4.3.     The permit fee schedule is found in Section 10.12.250 of this Ordinance.
    D.    Suspension, revocation, and denial of permit.
    1.    The Division may suspend, revoke, or deny renewal of a permit if the certified emission repair technician or certified emissions tester:
    a.    Knowingly communicates any false, inaccurate, or misleading information to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;
    b.    Fraudulently or deceptively obtains or attempts to obtain a permit;
    c.    Fails an audit under this chapter;
    d.c.     Conducts a fraudulent or in-accurate test;
    e.d.     Consistently fails to repair failed vehicles; and/or
    f.e.     Threatens, coerces, cajoles, offers a bribe, assaults, harangues, and/or stalks a Division employee pursuant to his/her duties with the Division.
    2.    An individual whose permit has been suspended may be subject to:
    a.    Additional training or testing as approved by the Division before the permit is reinstated; or
    b.    Revocation of a permit after repeated suspensions or when a suspension has exceeded six (6) months.
    c.    A permit may also be revoked for gross violations of this chapter Ordinance and for threatening, cajoling, 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 Ordinance.
    3.    An individual whose permit has been revoked may reapply for a permit according to the procedures of subsections A or B of this section this Ordinance, as applicable, if:
    a.    At least ninety (90) days have elapsed since the revocation; and
    b.    The individual has taken corrective action approved by the Division.
    4.    A penalty schedule in Section 10.12.270 of this chapter Ordinance enumerates many of the actions the Division may take against persons permitted under this chapter Ordinance.
    E.D.    Performance audit. The Division shall conduct an audit of the performance of a certified emissions repair technician periodically. The audit will include an evaluation of vehicle repair history.
    1.    The repair history of a certified repair technician may be made available to the public so that they may have the ability to determine which technicians are most likely to repair their vehicle. (Ord. 7-1996 § 1 (part))