Section 10.12.180 Recall


Prior to the adoption of Ord. 03-2002 on 10/01/2002, Section 10.12.180 read as follows.

     A.    Initial Application and Permit.
    1.    To qualify for a permit a person shall:
    a.    Submit an application to the Division;
    b.    Maintain a repair facility capable of making emissions related adjustments and repairs;
    c.    Possess all required equipment as listed in subsection D of this section;
    d.    Pass an audit as defined in subsection G of this section; and
    e.    Employ all required personnel as listed in subsection E of this section.
    f.    Meet any other requirements deemed by the Division to be essential to the purposes of this chapter.
    2.    Permit under this section must be renewed each anniversary of the date the permit was first obtained.
    3.    The permit fee schedule is found in Section 10.12.250.
    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-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 months, an unrenewed permit is deemed unredeemable and the person may reapply according to the procedures of subsection A of this section.
    3.    The permit fee schedule is found in Section 10.12.250.
    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 emissions inspection program;
    b.    The permit is obtained, or attempted to be obtained, fraudulently or deceptively;
    c.    An audit under subsection G of this section is failed; or
    d.    Evidence is exhibited that vehicles repaired by the facility under this chapter have repeatedly failed reinspection.
    e.    A permit may also be revoked for gross violations of this chapter by the owner or employees of a certified emission repair facility 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.
    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 person whose permit has been revoked may reapply for a permit according to the procedures of subsection A of this section if:
    a.    At least ninety (90) days have elapsed since the revocation; and
    b.    Corrective action approved by the Division has been taken.
    5.    A penalty schedule in Section 10.12.270 enumerates many of the actions the Division may take against persons permitted under this chapter.
    D.    Equipment and Tool Requirements.
    1.    A certified emissions repair facility shall maintain and update as required all of the following references, equipment and tools:
    a.    Emissions diagnostic and repair information for affected model year vehicles, the most current of which applies to vehicles of model years no more than two 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 on board diagnostics of vehicles, the most current of which applies to vehicles of model years no more than two years older than the current calendar year;
    c.    A voltmeter with AC and DC capability;
    d.    A DC ammeter;
    e.    An ohmmeter;
    f.    An engine performance analyzer with a lab scope, or an oscilloscope;
    g.    A pyrometer;
    h.    A fuel or hydraulic pressure gauge;
    i.    A vacuum gauge;
    j.    A vacuum pump;
    k.    A compression tester or cylinder leak down tester;
    l.    A timing light with advance capability;
    m.    An exhaust emissions analyzer which conforms, at a minimum, to the analyzer specifications of Section 10.12.240;
    n.    A tachometer;
    o.    A dwell meter or duty cycle meter;
    p.    Capability to access information via facsimile during operating hours;
    q.    Division approved fuel system and fuel cap pressure testing equipment; and
    r.    Division approved EGR valve function testing equipment.
    s.    Sufficient communication links to comply with the Division’ s real-time monitoring requirements.
    E.    Personnel Requirements.
    1.    A certified emissions repair facility shall ensure that only a certified emissions repair technician diagnoses emissions related faults, and supervises or performs emissions related repairs and adjustments to bring vehicles into compliance with the provisions of this chapter.
    2.    A certified emissions repair facility shall employ at least one full-time certified emissions repair technician at each certified emissions repair facility location and ensure that a certified emissions repair technician:
    a.    Is routinely scheduled to work during the advertised operating hours of the facility; and
    b.    Fills out completely the vehicle repair form and certifies by signature on the vehicle repair form that the repairs have been performed or supervised by a certified emissions repair technician.
    F.    Equipment Quality Assurance. For all equipment required under this chapter, a certified emissions repair facility shall follow, at a minimum, the manufacturer specifications for maintenance and calibration, and the procedures established by the Division.
    G.    Audits.
    1.    A certified emissions repair facility 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 a review of vehicle repair history and checks of record keeping, equipment, calibration gas, and compliance with personnel requirements.
    3.    Audit failure is cause for suspension, revocation, denial or denial of renewal of a facility permit.
    4.    Uncooperative or abusive behavior by an employee, representative, or individual at a certified emissions repair facility is cause for audit failure.
    5.    A certified emissions repair facility shall not use any piece of equipment which fails an audit until a subsequent audit is passed.
    6.    A certified emissions repair technician shall be present for the audit. An audit is failed if a certified emissions repair technician who is present at the facility fails to commence the audit within thirty (30) minutes of the arrival of an auditor.
    7.    The person responsible for a certified emissions repair facility shall allow further monitoring at the discretion of the Division to ensure quality control or to determine compliance with this chapter.
    H.    Record Keeping.
    1.    A certified emissions repair facility shall maintain the following records, separately and in chronological order, for a period of three years, at the facility or at an alternative location approved by the Division:
    a.    Records of quality assurance procedures in compliance with the provisions of this chapter;
    b.    Records of audits conducted by the Division; and
    c.    Vehicle repair records of all vehicles repaired in the facility subsequent to an emissions test failure.
    2.    A certified emissions repair facility shall make the records available for inspection or for duplication upon request of the Division. (Ord. 7-1996 § 1 (part))

     A.  Within ten (10) calendar days after the Division has given a notice of violation(s), permit denial, revocation, or suspension, any person(s) aggrieved may request in writing a hearing before the Division. Only a written request for hearing shall be honored by the Division. The hearing shall take place within ten (10) calendar days after the request is received. A written notice of the Hearing Officer’ s final determination shall be given within ten (10) calendar days after adjournment of the hearing. The Hearing Officer may sustain, modify, enhance or reverse the action or order. (Ord. 7-1996 § 1 (part))