Chapter 3745-26 I/M Program Rules and Regulations

3745-26-01 Definitions.

(A) "Applicant" means any person filing for a license to operate an official inspection station for the anti-tampering or basic inspection program.

(B) "Approved technician trainer" means an individual who has attended a train-the-trainer course, is certified as an automotive service excellence (ASE) master technician, has at least ten years of experience in the automotive industry and is approved by the director or his designee to instruct technician training.

(C) "Certified inspector" means an individual who has attended a required training course, successfully passed a written examination approved by Ohio EPA and certified by the director to inspect motor vehicles subject to the requirements of this chapter.

(D) "Certified waiver repair technician" means an individual who has attended and completed required training, successfully passed a required examination(s) and has been certified by the director in compliance with rule 3745-26-16 of the Administrative Code to conduct emission related repairs subject to the requirements of this chapter.

(E) "Compliance" or "comply" means a vehicle has passed all aspects and parameters of the anti-tampering, basic, enhanced or opt-in enhanced vehicle inspection and maintenance program, whichever is required under these rules. A compliance certificate will be issued to the owner or lessee whose vehicle has successfully passed the inspection.

(F) "Contractor" means the entity selected through competitive bidding procedures or through a request for proposal to provide services to the Ohio environmental protection agency for operation of the basic, enhanced, or opt-in enhanced inspection and maintenance program.

(G) "Contractor run" means the centralized inspection stations operated by the contractor for the basic, enhanced, or opt-in enhanced inspection and maintenance program.

(H) "Designated program area" includes any county currently or formerly classified as moderate, serious, severe or extreme nonattainment for carbon monoxide or ozone in accordance with the Clean Air Act Amendments of 1990 and that is subject to a basic, an enhanced or an opt-in enhanced vehicle inspection and maintenance program.

(I) "Director" means the director of the environmental protection agency or his authorized representative.

(J) "Engine exchange" means any motor vehicle having an engine block installed that differs from the original manufacturer's specification certified as meeting United States environmental protection agency certification requirements.

(K) "Enhanced" means the vehicle inspection program described in rules 3745-26-10 , 3745-26-12 , 3745-26-13 and 3745-26-14 of the Administrative Code.

(L) "Exemption certificate" means the official certificate, issued by the director, to a vehicle owner or lessee whose vehicle may not require inspection as prescribed in rule 3745-26-02 of the Administrative Code and/or in section 3704.14 of the Revised Code. An exemption certificate shall serve the same purpose as the certificate to be presented to the registrar of motor vehicles as required by section 4503.10 of the Revised Code.

(M) "Extension certificate" means an official certificate issued by the director to a motor vehicle owner or lessee. For emergency and other purposes deemed by the director to warrant an extension of the time that any motor vehicle, required to be tested, is exempt from testing. An extension certificate shall serve the same purpose as the certificate to be presented to the registrar of motor vehicles as required by section 4503.10 of the Revised Code.

(N) "Facility," as used in this chapter, means any building, structure, installation, operation or combination thereof used or operated to conduct vehicle inspections or licensed to perform waiver repairs pursuant to section 3704.14 of the Revised Code.

(O) "Foreign imported gray market vehicle" means any vehicle of a type required to be registered that is brought into this state from another country other than in the ordinary course of business by or through a manufacturer or dealer as defined in division (W) of section 4501.01 of the Revised Code.

(P) "Government vehicle" means any vehicle as defined in section 4503.16 of the Revised Code.

(Q) "Gross vehicle weight rating" means weight of vehicle plus the load the vehicle is capable of carrying as stated on the manufacturer's door plate.

(R) "Inspection certificate" means the portion of the vehicle inspection report that is issued to each vehicle owner or lessee at the time of an inspection. An inspection certificate indicating compliance is to be presented to the registrar as required by division (B) of section 4503.10 of the Revised Code.

(S) "Inspection Procedures Manual" or "manual" means the book containing the most recent official document issued by the director detailing the guidelines and repair requirements to be used in the anti-tampering or tailpipe emissions inspection. Each inspection station shall keep an updated manual on the premises at all times.

(T) "Official inspection station," "inspection station" or "reinspection station" means any automotive station or facility, leased or owned, and operated by any person licensed by the director to conduct anti-tampering inspections or tailpipe emission inspections of motor vehicles and to otherwise issue an inspection certificate.

(U) "Lessee" means any person not having title to a motor vehicle, but granted legal authority by the title holder to possess the vehicle.

(V) "License" means the lawful authority granted by the director to any qualified person to operate an inspection station for the purpose of conducting motor vehicle inspections as required herein.

(W) "Licensed waiver repair facility" means the site or location of a building used by a person, firm, corporation, or governmental entity licensed by the director in compliance with rule 3745-26-15 of The Administrative Code to conduct emission related repairs for a waiver to gasoline fueled vehicles(diesel fueled vehicles do not need to have emission repairs for reinspection performed at a licensed waiver repair facility in order to obtain a waiver).

(X) "Licensee" means any person meeting the established requirements and to whom the director issues a license to conduct motor vehicle inspections.

(Y) "Motor vehicle" or "vehicle" has the meaning as defined in division (B) of section 4501.01 of the Revised Code.

(Z) "Multi-fueled vehicle" means any vehicle originally manufactured, designed, or converted from its original manufacturer's specification to utilize more than one fuel type, one of which is gasoline.

(AA) "Nonattainment area" means an area that has not achieved the national ambient air quality standards and that is required to undergo certain air pollution control strategies pursuant to the 1990 Clean Air Act Amendments.

(BB) "Opt-in enhanced" means an enhanced vehicle inspection and maintenance program selected by a moderate ozone or carbon monoxide nonattainment area through the process outlined in section 3704.142 of the Revised Code and described in rules 3745-26-10 , 3745-26-12 , 3745-26-13 and 3745-26-14 of the Administrative Code.

(CC) "Owner" means any person other than a manufacturer or dealer having title to a motor vehicle.

(DD) "Person" means the state, any political subdivision, public or private corporation, partnership, firm, association, individual, organization or other entity.

(EE) "Queuing area" means the space allocated in each lane at each centralized inspection station where vehicles wait for testing.

(FF) "Test center" means any inspection station operated by a contractor where emission inspections and reinspections are performed.

(GG) "Ultimate purchaser" with respect to any new motor vehicle means the first person, other than a dealer in its capacity as a dealer, who is a good faith purchaser of such new motor vehicle for purposes other than resale.

(HH) "Vehicle identification number" or "VIN" means the manufacturer' original serial number affixed to or imprinted upon the chassis or other part of the motor vehicle.

(II) "Vehicle inspection report" or "VIR" means the official inspection form narrative presented to each vehicle owner or lessee at the time of an inspection. It indicates levels of hydrocarbons, carbon monoxide and nitrous oxides detected during the inspection and indicates whether the vehicle has passed the inspection. The vehicle inspection report contains a detachable inspection certificate that is to be presented to the registrar of motor vehicles as required by division (B) of section 4503.10 of the Revised Code.

(JJ) "Waiver" means a relinquishment of the requirement to meet compliance with the appropriate model year emission standards.

(KK) "Waiver certificate" means the official certificate issued to a vehicle owner or lessee whose vehicle has not met compliance with the emissions standards but has met all requirements for a waiver as prescribed in rule 3745-26-12 of the Administrative Code. A waiver certificate shall serve the same purpose as the compliance certificate to be presented to the registrar of motor vehicles as required by section 4503.10 of the Revised Code.

(LL) "Waiver limit" means the minimum dollar amount, as specified in section 3704.14 of the Revised Code, required to be spent for motor vehicle emission related repair and diagnostic fees, after the low emissions tune-up has been performed, by each owner or lessee whose vehicle fails the basic, enhanced or opt-in enhanced test, in order for said owner or lessee to be eligible for a waiver as prescribed in paragraphs (E)(1) and (E)(2) of rule 3745-26-12 of the Administrative Code. The repair work performed on the vehicle may be completed at a licensed waiver repair facility or by a vehicle owner or lessee, and shall be related to the vehicle's emission control equipment in order to be eligible for a waiver. For any vehicle registered in a county that is subject to a basic or opt-in enhanced inspection program, "waiver limit" means at least two hundred dollars for a vehicle of a 1981 or more recent model year and one hundred dollars for a 1980 or earlier model year, except that for any county classified as serious, severe, or extreme nonattainment that is subject to an enhanced vehicle inspection and maintenance program, "waiver limit" means more than four hundred fifty dollars for any vehicle.

(MM) "Repair spending cap" means the maximum dollar amount required to be spent for motor vehicle emission related repair and diagnostic fees by each owner or lessee whose vehicle fails the basic, enhanced or opt-in enhanced test and which qualifies the vehicle owner or lessee for a waiver as prescribed in paragraphs (E)(1) and (E)(3) of rule 3745-26-12 of the Administrative Code. The repair work performed on the vehicle may be completed at a licensed waiver repair facility, or by a vehicle owner or lessee, and shall be related to the vehicle's emission control equipment. For any vehicle registered in a county that is subject to a basic or opt-in enhanced inspection program, "repair spending cap" means at least three hundred dollars.

(NN) "Low income" means household income, during the past twelve month period, of not more than one hundred fifty per cent of the latest available poverty threshold level established by the U.S. department of health and human services, for the forty-eight contiguous states.

Eff 7-17-87; 4-21-89; 5-15-90; 6-13-94; 12-29-95; 5-15-96 (Emer.); 8-15-96
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3704.14
Rule amplifies: RC 3704.14

3745-26-10 Requirements for contractors in the basic enhanced or opt-in enhanced automobile inspection and maintenance program.

(A) Initial motor vehicle inspections conducted under the basic, opt-in enhanced or enhanced tailpipe emissions inspection program required under section 3704.14 of the Revised Code shall be conducted by one or more private contractors.

(B) The contract shall be awarded by the director of administrative services and the contractor shall comply with all aspects of the bid contract as awarded.

(C) The contractor shall construct, maintain and operate computerized, high volume tailpipe emission inspection stations in a designated program area for the purpose of inspecting vehicles as required under section 3704.14 of the Revised Code. These contractor run tailpipe emission inspection stations shall meet, but not be limited to the following requirements:

(1) Eighty per cent of the population that is subject to division (F) of section 3704.14 of the Revised Code shall be no more than five miles from an emission inspection station and that one hundred per cent of that population be no more than ten miles from an emissions inspection station. In rural areas, one hundred per cent of that population shall be no more than fifteen miles from an inspection station:

(2) Stations shall be in operation for no fewer than forty-five hours per week, which shall include, without limitation, operating hours in the evening and on Saturdays;

(3) The amount of time a vehicle must wait within the confines of the queuing area shall not exceed a daily average of fifteen minutes;

(4) Each queuing area shall be at least one hundred fifty continuous feet per inspection lane; and

(5) There shall be no fewer than three permanent sheltered test lanes per urban facility and no fewer than two test lanes for each rural test facility.

(D) The contractor or any of its employees is prohibited from having principal interest in a company that is in the business of vehicle repair or service, in vehicle parts sales, or in motor vehicle sales or leasing.

(E) The contractor shall not refer vehicle owners to any particular vehicle repair service provider.

(F) For each designated program area required under division (B) of section 3704.14 of the Revised Code, the contractor shall provide emission inspection data analyses and furnish to the director summary reports on a weekly, monthly, quarterly, and yearly basis as requested by the director.

(G) The director may conduct periodic announced and unannounced audits of centralized facilities to ensure that the contractor continues to meet the requirements of these rules and the provisions of section 3704.14 of the Revised Code and 40 CFR Part 51.

(H) Each contractor shall be responsible for the upkeep, distribution and replacement of all vehicle inspection reports and other documents necessary or convenient to the program.

(I) Each contractor operated inspection station shall display a sign visible to motorists that contains the following statement: "This automobile inspection is the result of requirements under the clean air act amendments enacted by the United States Congress. Any questions or comments you may have about this program may be directed to your United States senator in care of the United States Senate, The Capitol, Washington D.C. 20510, or to your United States representative in care of the United States House of Representatives, The Capitol, Washington D.C. 20515."

(J) Each contractor shall be responsible for complying with equipment requirements and procedures established in 40 CFR Part 51.

Eff 5-15-90; 6-13-94
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3704.14
Rule amplifies: RC 3704.14

3745-26-12 Requirements for motor vehicle owners in the enhanced or opt-in enhanced automobile inspection and maintenance program.

(A) Motor vehicles subject to inspection

(1) Beginning January 1, 1996, the director shall implement and supervise an opt-in enhanced vehicle inspection and maintenance program in any moderate ozone nonattainment county or an enhanced program in any county classified serious, severe or extreme nonattainment for carbon monoxide or ozone.

(2) Unless otherwise exempt pursuant to division (F) (3) of section 3704.14 of the Revised Code, each twenty-five year-old or more recent motor vehicle whose owner or lessee resides in a county that is part of a designated program area, and each twenty-five year-old or more recent motor vehicle that is part of a fleet operated in a county that is part of a designated program area, is subject to biennial inspection for the opt-in enhanced or enhanced programs.

Unless otherwise exempt pursuant to division (F) (3) of section 3704.14 of the Revised Code, each motor vehicle that is owned or leased by the state, local government, or any political subdivision whose office is located within a county that is part of a designated program area, is subject to inspection in odd numbered years and shall report the inspection results to the director by December thirty-first of that year.

Pursuant to 40 CFR part 51.356 , unless otherwise exempt pursuant to division (F) (3) of section 3704.14 of the Revised Code, each motor vehicle that is owned or leased by the federal government or its employees and is operated on a federal installation within a county that is part of a designated program area is subject to inspection. Vehicles owned or leased by the federal government will be required to have an inspection in odd numbered years and shall report the inspection results to the director by December thirty-first of that year.

(a) The county of residence of a motor vehicle owner is determined by the resident's or owner's address provided on the registration issued by the registrar of motor vehicles.

(b) A lessee's county of residence is determined by the resident's address listed on the lease agreement.

(c) Federal installations located in a designated program area shall provide documentation of proof of compliance with test requirements to the director of Ohio EPA. Documentation shall include a list of subject vehicles and be updated annually.

(3) Vehicle owners shall comply with the following test frequency in a designated program area:

(a) A vehicle owner or lessee whose vehicle is an odd number model year is required to present a valid inspection certificate upon vehicle registration in odd numbered calendar years.

(b) A vehicle owner or lessee whose vehicle is an even number model year is required to present a valid inspection certificate upon vehicle registration in even numbered calendar years.

(4) A vehicle owner or lessee may have his or her vehicle inspected in any Ohio designated program area as long as the emissions inspection is comparable to the required inspection in his or her county of residence.

(5) At the time of vehicle registration or registration renewal, the motor vehicle owner or lessee shall present to the registrar of motor vehicles an inspection compliance certificate, an exemption certificate, or a waiver certificate with an application for vehicle registration as determined under section 4503.10 of the Revised Code.

(6) Except for new motor vehicles, as defined in division (C) of section 4517.01 of the Revised Code, vehicles that have been transferred to a new owner or lessee or those issued a thirty-day temporary tag as defined in section 4503.182 of the Revised Code shall have an emissions inspection performed unless a valid compliance certificate from the previous owner is transferred to the new owner or a duplicate certificate as prescribed in paragraph (D)(10) of rule 3745-26-12 of the Administrative Code is obtained. Waiver and exemption certificates are not transferrable.

(7) Foreign imported grey-market vehicles that have been issued documents of exemption from emission requirements by the United States environmental protection agency are not exempt from testing in Ohio.

(8) Vehicles subject to inspection that have been rebuilt or that have had engine exchanges must meet inspection requirements for the model year of the motor vehicle chassis.

(9) For a kit car or self-assembled car whose engine year can be confirmed by the director or his designee, the vehicle will be tested based on the standards for the confirmed engine year. If the engine year cannot be confirmed, the motor vehicle will be tested on the standard for the year the vehicle was titled.

(10) A vehicle inspection report issued to a motor vehicle owner or lessee is valid for three hundred sixty-five days from the date of the inspection. A valid compliance certificate may be transferred to a subsequent owner or lessee of that vehicle.

(11) All vehicle inspection reports shall contain the following statement "This automobile inspection is a result of requirements of the clean air act amendments enacted by the United States congress. Any questions or comments you may have about this program may be directed to your United States senator in care of the "United States Senate, The Capitol, Washington, D.C. 20510, or to your United States representative in care of the United States House of Representatives, The Capitol, Washington D.C. 20515."

(B) Temporary exemptions and extensions

(1) Pursuant to division (F) (4) of section 3704.14 of the Revised Code, new vehicles whose titles have never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser are exempt from the inspection requirements for two years in the opt-in enhanced and enhanced programs. New vehicle exemptions commence on the day the first certificate of the title is issued on behalf of the ultimate purchaser. An exemption certificate is not required for owners of new vehicles.

(2) Consistent with the intent of these rules, the director may grant temporary exemptions for or extensions of the time during which any motor vehicle required to be tested pursuant to section 3704.14 of the Revised Code and the rules adopted thereunder is exempt from testing, if circumstances indicate such an exemption or extension is warranted.

(3) Any application for a temporary exemption or extension shall be submitted on a form prescribed by the director. Copies of this form may be obtained free of charge from the Ohio environmental protection agency, from the bureau of motor vehicles or from any test center.

(4) Any owner or lessee receiving a temporary exemption or extension shall comply with any terms and conditions specified by the director on the extension certificate. If the recipient of an extension certificate fails to comply with the terms and conditions, that owner or lessee shall not be eligible for future exemptions or extensions.

(5) A temporary exemption for a motor vehicle may be issued if one of the following criteria is met by the owner or lessee:

(a) For motor vehicles owned or operated by military personnel stationed outside Ohio

If a motor vehicle is registered in an Ohio designated program area, but is owned or operated by a member of the armed forces who is stationed outside Ohio, the application for temporary exemption shall include a copy of that person's current military orders, a copy of the vehicle registration and a completed exemption application.

(b) For motor vehicles owned or operated by students attending schools outside the state of Ohio that are not within another state's designated program area

If a motor vehicle registered in an Ohio designated program area is owned or operated by a person attending school outside the state of Ohio but which is not in another state's designated program area, the application for temporary exemption shall include a statement from the registrar of the school attesting to the student's registration and the effective dates of that registration, a copy of the vehicle registration and a completed exemption application.

(c) For motor vehicles operated outside Ohio in another state's designated program area but not operated by a person eligible for a military or student exemption.

If a motor vehicle registered in an Ohio designated program area is owned or operated by a person in another state's designated program area, the application for temporary exemption shall include a valid compliance certificate from the motor vehicle inspection program in that area, a copy of the vehicle registration and a completed exemption application.

(6) An extension may be granted for a motor vehicle that is undergoing repair at the time of its registration or registration renewal. The documentation for any extension based upon repair shall include a copy of the repair order or parts order, or both, from the facility performing the repairs, a copy of the vehicle registration and a copy of the completed application.

(7) A temporary hardship extension for any motor vehicle may be granted to a motor vehicle owner or lessee. The hardship extension shall be effective for six months from the date the director issues the extension. The director shall issue an extension certificate to any vehicle owner or lessee if all of the following criteria are met:

(a) The motor vehicle fails any part of the emission test, except that the hardship extension is not available if a vehicle fails only the gas cap test;

(b) The motor vehicle owner or lessee completes and submits an application for a temporary hardship extension;

(c) The applicant certifies that his or her income qualifies as "low income," as defined in these rules; and

(d) The motor vehicle owner or lessee provides a written estimate of seventy-five dollars or more for vehicle emission repairs, parts or services, including diagnostic fees, related to the failure. If a motor vehicle owner or lessee intends to perform the necessary services or repairs, the written estimate shall include only the cost of emission related parts. The written estimate shall not include any costs associated with any motor vehicle emission related recall that has been or is to be paid by a manufacturer or dealer.

A temporary hardship extension is not transferrable to a subsequent owner or lessee.

(C) Permanent exemptions

Effective January 1, 1996 the following motor vehicles are permanently exempt from the emissions inspection required in the designated program area.

(1) Vehicles that are older than twenty-five years, as determined by vehicle model year;

(2) Passenger, noncommercial and commercial vehicles with gross vehicle weight ratings of more than ten thousand pounds, except for urban buses which shall be tested;

(3) Historical vehicles registered under section 4503.181 of the Revised Code. Owners of historical vehicles are not required to obtain exemption certificates;

(4) Collector's vehicles registered under section 4501.01 of the Revised Code. Owners of collector's vehicles are not required to obtain exemption certificates;

(5) Parade and exhibition vehicles registered under section 4503.18 of the Revised Code. Owners of parade and exhibition vehicles are not required to obtain exemption certificates;

(6) Motorcycles as defined in section 4511.01 of the Revised Code. Owners of motorcycles are not required to obtain exemption certificates;

(7) Vehicles, the district of registration OF which is located in a designated program area, that are leased to a lessee whose county taxing district code, as designated on the vehicle registration, is outside a designated program area. The lessees of such vehicles are not required to obtain exemption certificates as long as the lessee's county taxing district remains outside a designated program area;

(8) Vehicles for which salvage certificates of title have been issued under division (C) of section 4505.11 of the Revised Code. Owners or lessees of salvaged vehicles are not required to obtain exemption certificates;

(9) Recreational vehicles and motor homes as defined in section 4501.01 of the Revised Code. Owners or lessees of recreational vehicles and motor homes are not required to obtain exemption certificates;

(10) Electrically-powered vehicles shall receive a one-time verification inspection prior to receiving an exemption certificate;

(11) Vehicles operating on an alternative fuel such as primarily one hundred per cent propane, butane, alcohol or natural gas. Experimental vehicles and vehicles operating on other alternative fuels may be exempted at the director's discretion. Such vehicles shall have a one-time verification inspection performed on the vehicle prior to receiving an exemption certificate.

(D) Inspection procedures and repair requirements

(1) All initial inspections and reinspections shall be performed at a contractor-run test center. A vehicle owner or lessee shall present the vehicle registration, an application for registration renewal, a vehicle registration expiration notice, or the vehicle title, or copy thereof, at the time of inspection so as to verify the vehicle identification number.

(2) Vehicles shall receive a visual check. Vehicles found to be in an unsafe condition or missing a catalytic converter, if required, will not receive an emissions test but will be issued a rejection report indicating items that need to be repaired. No fee shall be charged if the vehicle is rejected. Any vehicle may be rejected for one or more of the following conditions:

(a) Fuel, engine oil, coolant or transmission oil leaks in or around engine, fuel tank or lines causing a visible pooling of fluid onto floor.

(b) Under-inflated tires, emergency spare tires or tires in an unsafe condition.

(c) Loud internal engine noise, obvious exhaust leaks, or a missing tailpipe or a missing gas cap.

(3) A vehicle known to be on an emission related recall or that has an unresolved emission related recall repair will not be inspected until the recall repair is completed and documented with proof of the work performed. After such proof has been presented, an emission test may be performed on the vehicle. Recall repair costs, whether borne by the manufacturer or dealer shall not be counted toward a waiver.

(4) Any vehicle subject to the requirements of this rule shall have a tampering inspection to ensure that it contains the emissions control equipment and that the equipment properly operates.

Each tampering inspection will be performed on the basis of the vehicle's original emission control system configuration at the time of manufacture, or on a U.S. EPA certified emission control configuration for an engine of the same or newer model year and weight class of that of the vehicle. After market replacement parts and add-on and modified parts meeting the performance criteria specified in 40 Code of Federal Regulations, volume 85, subpart V, or meeting the requirements of the U.S. EPA memorandum 1A policy document, or which have not otherwise been found in violation of the anti-tampering provisions of the Clean Air Act as amended are considered to be in compliance with this chapter.

Vehicles that fail the tampering inspection will be charged the inspection fee and issued a vehicle inspection report indicating failure items. The owner or lessee shall have the vehicle repaired to pass the initial tampering test.

(5) If a vehicle passes the tampering inspection, it will receive an emissions inspection to ensure the concentration of hydrocarbons, nitrous oxides and carbon monoxide meet applicable standards for the model year. For diesel-powered vehicles, the emissions inspection will test for exhaust opacity. Maximum allowable emission standards shall be determined by the director.

(6) If the vehicle passes the required emissions inspection, the contractor shall provide the owner or lessee with a vehicle inspection report that includes a compliance certificate.

If a vehicle fails its required emissions inspection, the contractor shall provide the owner or lessee with a vehicle inspection report and certificate indicating which items failed the inspection. This report shall list possible components that may need to be replaced and/or the systems to be repaired.

(7) Upon receipt of the vehicle inspection report indicating failure, the owner or lessee shall:

(a) Have emissions related repairs performed on the vehicle;

(b) Have the necessary repairs performed so that the vehicle can pass a subsequent reinspection. Only new original or new aftermarket catalytic converters or recertified used catalytic converters meeting the emission reduction requirements and criteria set by the United States environmental protection agency are acceptable for catalytic converter replacement required under this chapter;

(c) Have the vehicle reinspected after the required repairs have been performed;

(d) Present a dated repair or sales receipt for the repair or replacement of any item causing the failure of the vehicle, and present the vehicle inspection report indicating noncompliance, before the vehicle can be reinspected; and

(e) Have the back side of the vehicle inspection report completed and signed by the person performing the repairs.

(8) Any vehicle owner or lessee may perform repairs necessary to prepare the vehicle for reinspection, however, only actual costs of emissions related parts, not labor costs, incurred by an owner or lessee in performing self repairs upon vehicles shall be applied towards a waiver.

(9) If a motor vehicle failing the opt-in enhanced or enhanced test is covered by a valid and unexpired emission performance warranty as provided under section 207 (B) of the Clean Air Act Amendments of 1990, 104 Stat. 2399, 42 USCA section 7401 , as amended, the vehicle owner or lessee shall have any repairs necessary for the vehicle to pass inspection performed on the vehicle under that warranty. Such a vehicle is not eligible for a waiver under this rule. Costs incurred under warranty repairs shall not be applied towards a waiver.

(10) If a vehicle owner or lessee loses an inspection certificate and a valid vehicle inspection identification number does not appear on the bureau of motor vehicles' registration data file, the vehicle owner or lessee must have the vehicle reinspected and pay the required inspection fee to be determined by the director or obtain a duplicate certificate from a designated test facility and pay the designated fee.

(11) Emissions inspections shall incorporate the on-board diagnostic computer link feature mandated by the Clean Air Act Amendments of 1990 when the feature is available.

(E) Waivers

(1) To qualify for a waiver certificate, a motor vehicle owner or lessee must provide all of the following:

(a) Proof that the motor vehicle has received a low emission tune-up as required by section 3704.14 of the Revised Code.

(b) The most recent vehicle inspection report (VIR). Actual repairs and repair information on the VIR must have been completed by the vehicle owner, lessee or a repair technician. Emission related repairs performed prior to the vehicle's initial inspection can be included in calculating whether the vehicle owner or lessee has met the "waiver limit" or the "repair spending cap," as provided in paragraphs (E)(2) and (E)(3) of this rule, only if the repairs were performed within sixty days of that initial inspection.

(c) Repair receipts including itemized costs from a repair facility, or costs of parts if repairs are performed by an owner or lessee, to bring the vehicle into compliance with the required emission inspection.

For a vehicle registered in a county classified as serious, severe, or extreme nonattainment, the motor vehicle owner or lessee must satisfy the requirements of paragraph (E)(2) of this rule. For a vehicle registered in a county not classified as serious, severe, or extreme nonattainment, but that is subject to a basic or enhanced inspection or program, the motor vehicle owner or lessee must satisfy the requirements of paragraphs (E)(2) and (E)(3) of this rule.

(2) The vehicle owner or lessee must demonstrate that he or she has spent an amount equal to or greater than the "waiver limit" specified in section 3704.14 of the Revised Code on emission-related repairs and diagnostic fees. This amount shall not include the cost of repairing or replacing tampered emissions control equipment, nor shall it include the cost of a low emission tune-up, and it shall include only the cost of parts if the repairs are performed by the vehicle owner or lessee. If the vehicle owner or lessee demonstrates that the "waiver limit" has been spent, the vehicle shall be inspected and the documentation reviewed to establish both of the following:

(a) The motor vehicle shows no sign of tampering with the emission control equipment; and

(b) Reinspection results subsequent to emission-related repairs and adjustments indicate not less than a thirty percent reduction in the measured concentrations of each pollutant that exceeded the applicable standard for that pollutant during the initial inspection. Also, the reinspection results for each pollutant that passed during the initial inspection shall not exceed the standard for that pollutant after emission-related repairs and adjustments.

(3) The vehicle owner or lessee must demonstrate that he or she has spent an amount equal to or greater than the "repair spending cap" on emission-related repairs and diagnostic fees. This amount shall not include the cost of repairing or replacing tampered emissions control equipment, and shall include only the cost of parts if the repairs are performed by the vehicle owner or lessee.

(4) A waiver certificate shall be valid for three hundred sixty-five days from its date of issuance or until the next required vehicle emission test. A waiver is not transferrable to a subsequent owner or lessee.

(F) Test fees

(1) Pursuant to section 3704.14 of the Revised Code, the director shall establish non-taxable fees for biennial inspections and reinspections. The inspection and reinspection fees shall not differ in amount and shall not exceed twenty-five dollars for the opt-in enhanced or enhanced program.

(2) Vehicle owners or lessees shall pay the required inspection fee upon initially failing the tampering check, upon initially passing the complete enhanced or opt-in enhanced test, or upon any reinspection performed after the first reinspection. The first reinspection is performed at no charge to the owner or lessee.

(3) The director may increase the inspection and reinspection fees if he determines it necessary to cover costs of the program.

(4) Fees collected by the director as required under this chapter shall be credited to the "inspection and maintenance special rotary account" established in section 3704.14 of the Revised Code.

(G) Appeal procedures

A motor vehicle owner or lessee may appeal the results of an emissions inspection if he or she believes the inspection was not administered according to rules or procedures of this chapter. The owner or lessee may appeal the inspection results to the director within fourteen days of failing an emissions inspection. An official appeal shall be in writing and on a form prescribed by the director.

(1) Upon notice of request for an appeal, the director or his representative shall contact the owner or lessee and will reinspect the vehicle at a place and time of the director's convenience.

(2) The director's determination of the vehicle's compliance or noncompliance with inspection standards shall be final upon reinspection by the director.

(a) If, upon reinspection, the vehicle does not pass, a noncompliance certificate shall be issued and an additional fee will be charged to the vehicle owner or lessee.

(b) If, upon reinspection, the vehicle passes, a compliance inspection certificate shall be issued to the vehicle owner or lessee at no charge.

Eff 6-13-94; 12-29-95; 5-15-96 (Emer.); 8-15-96
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3704.14
Rule amplifies: RC 3704.14

3745-26-13 Requirements for certified inspectors in the enhanced or opt-in enhanced automobile inspection and maintenance program.

(A) Application procedures

Each person applying for inspector certification must be at least eighteen years old. Applicants shall submit a complete application and agree in writing to inspect vehicles in accordance with the rules of this chapter and the Administrative Code.

(B) Inspector training and certification

(1) The contractor in each designated nonattainment area shall be responsible for training each inspector applicant employed by the contractor according to the requirements in 40 CFR Part 51.367 .

(2) Applicants shall successfully complete the required training and score at least eighty percent on the written examination and hands-on demonstration administered by Ohio EPA.

(3) The director shall issue a certificate to each person who satisfies all the requirements of this rule. The certificate shall be available at the test facility where the certified inspector performs inspections.

(4) Each inspector shall be certified for a two-year period. Inspectors requiring recertification may be recertified after attending and successfully completing a recertification course and test.

(C) Inspector conduct

(1) Certified inspectors shall not conduct inspections while under the influence of alcohol and/or a disabling medication or drug.

(2) Certified inspectors shall not participate in the solicitation of a bribe in order to pass a vehicle or any other fraudulent activity.

(3) The director may require a certified inspector to attend additional training at any time or require re-administration of the written exam or hands-on demonstration to determine if a certified inspector has sufficient knowledge of the rules and procedures in this chapter and the Administrative Code.

(4) The director may immediately suspend or revoke an inspector's certification for failing to comply with this rule.

Eff 6-13-94
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3704.14
Rule amplifies: RC 3704.14
R.C. 119.032 review date: 3/15/02, 3/15/07

3745-26-14 Enforcement of program rules and regulations for the enhanced or opt-in enhanced automobile inspection and maintenance program.

(A) As required by 40 CFR Part 51.359 and 51.363 , and as authorized in division (B)(9) of section 3704.14 of the Revised Code, the director shall administer a program of quality assurance and shall require each contractor to implement its own quality control program.

(B) The director may deny, or immediately suspend or revoke an inspector's certification issued under section 3704.14 of the Revised Code for any violations of these sections and section 3704.14 , or for:

(1) Commission of fraud or willful misrepresentation in application for or in obtaining a license.

(2) Conviction of a felony while certified as an inspector.

(3) Improper testing of motor vehicles.

(4) Improper use or misrepresentations of vehicle inspection reports.

(5) Misrepresentation of vehicle inspection.

(C) Any inspector whose certification is revoked under Chapter 119. or section 3704.17 of Revised Code shall not be eligible to reapply for certification for a three-year period from the date the inspector certification was revoked.

Eff 6-13-94
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3704.14
Rule amplifies: RC 3704.14
R.C. 119.032 review date: 3/15/02, 3/15/07

3745-26-15 Waiver repair facility licensing procedures, requirements, and obligations.

(A) For the purposes of compliance with the waiver related repairs in paragraph (E) of rule 3745-26-12 of the Administrative Code, the director may issue a waiver repair facility license or renewal thereof, to an applicant who meets the following requirements:

(1) Submission of a completed application on a form prescribed by the director;

(2) Demonstration, during any on-site inspection by a designee of the director, of compliance with the requirements of this chapter.

(B) For applicants who meet or continue to meet the criteria for licensing as a waiver repair facility, the director shall issue an initial or a renewal license to the facility for a period not to exceed three years. Any renewal application not received within ten days after the last day of the renewal date shall be considered evidence that the facility does not intend to renew their application for a license. For any voluntary relinquishment or abandonment of license, or cessation of operation of the facility, it is the responsibility of the licensee to notify the director, at least seven days in advance, of the exact date the station will cease conducting waiver repairs. The director or his representative shall reclaim all state-owned or state-provided property.

(C) The license shall be valid only for:

(1) The owner in whose name the license is issued,

(2) The transaction of business for the purpose of this chapter, and

(3) The location designated thereon. The applicant shall provide proof that the required emissions equipment as detailed in paragraph (B) of rule 3745-26-15 of the Administrative Code, has been or will be purchased or leased and ready for operation within one week of purchase or lease.

(D) The director may include terms and conditions as part of any license issued, to ensure compliance with this chapter.

(E) Each waiver repair facility shall have a minimum of one certified waiver repair technician, as certified in accordance with rule 3745-26-16 of the Administrative Code. The licensee shall notify the director within seven calendar days, in writing, when an employee, who is a certified waiver repair technician, resigns, is dismissed, or otherwise leaves employment at the facility. If a certified waiver repair technician resigns, is dismissed, or otherwise leaves employment at the facility resulting in no certified technicians currently at the facility, the facility may not conduct waiver repairs.

(F) The director may revoke any waiver repair facility license for a facility failing to maintain and meet the terms and conditions established in this rule.

(G) Waiver repair facilities shall not conduct waiver repairs unless the following items are on its premises and are in full operating condition:

(1) Current reference materials;

(2) DVOM or digital multi-meter;

(3) Vacuum gauge;

(4) Fuel pressure test kit;

(5) Carbon cleaner system;

(6) 3, 4, or 5 gas analyzer;

(7) Scan tool;

(8) Basic ignition scope.

(H) The following items are required beginning January 1, 1998 when U.S. EPA's phase-in specifications are upgraded:

(1) Lab scope;

(2) Purge flow tester;

(3) Scan tool with OBD II capabilities.

(I) If the director deems it necessary and upon reasonable written notice, additions or deletions of waiver repair facility equipment may be required.

(J) The owner or operator of each licensed waiver repair facility shall display the official sign issued to it, by the director. The official waiver repair facility sign shall be displayed in full view of the public and shall not be altered in any way. The sign shall remain the property of the Ohio EPA and, upon discontinuance as a waiver repair facility, shall be surrendered by the licensee to an authorized representative of the Ohio EPA when so ordered by the director.

(K) The licensee shall allow only waiver repair technicians to complete and sign the back of the VIR of any vehicle presented to the facility for waiver repairs.

(L) The waiver repair technician whose signature and certification number appears on the back of the VIR shall be accountable for all aspects of waiver repairs he or she performed or approved.

(M) Each licensed waiver repair facility shall accurately maintain all records, forms, and reports the director deems necessary for the administration and quality assurance of the process for issuing waivers. Each waiver repair facility shall maintain such records, forms, and reports on the premises of the facility for a period as the director deems necessary. All such records, forms, and reports shall be readily available to the director or his authorized representative for review at any time.

(N) Licensed waiver repair facilities shall be subject to announced and unannounced periodic audits by the director or his authorized representative, as prescribed in Chapter 3704.14 of the Revised Code, to determine compliance with program rules and waiver repair procedures.

(O) Each waiver repair facility shall contact the director at least thirty days prior to a change of ownership, business name, or location. In the event of any changes, the subsequent owner or the current owner of a subsequent facility location must submit a new licensing application to the director.

(1) The authority to conduct waiver repairs ceases immediately upon change in facility ownership or location from that stated in the application currently on file with the director.

(2) Upon notice of a change of a facility owner or location, the director shall issue a license under the subsequent facility name, owner, or location, provided the facility meets or continues to meet the minimum criteria as a waiver repair facility.

Eff 12-29-95
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3704.14
Rule amplifies: RC 3704.14

3745-26-16 Requirements for certified waiver repair technicians and approved technician trainers.

(A) The director shall certify any applicant as a waiver repair technician to conduct waiver repairs as required in paragraph (E) of rule 3745-26-12 of the Administrative Code provided the applicant:

(1) Submits a completed application on a form prescribed by the director;

(2) Completes and satisfactorily passes a training curriculum sponsored or approved by the Ohio environmental protection agency for the purpose of learning the methods and procedures to be used in properly repairing vehicles failing an emissions inspection. The applicant is required to satisfactorily pass the Ohio EPA training course written examination. The training curriculum shall consist of three sequential units as follows:

(A) "Fundamental Inspection Repair System Training" (FIRST) which is subdivided into three modules

(i) Advanced electricity

(ii) Engine and fuel system analysis

(iii) Computer and driveability

(B) "Emission Diagnostician Graduate Education" (EDGE)

(C) Beginning January 1, 1998, "Advanced Emission Diagnostician Graduate Education" (Advanced EDGE);

(3) The requirement to complete and satisfactorily pass "Fundamental Inspection Repair System Training" (FIRST) may be waived by the director, if the applicant possesses current automotive service excellence (ASE) certification in advanced engine performance (L1) or satisfactorily passes a placement test for each of the three modules of FIRST given under the auspices of Ohio EPA as required in paragraph (A) (2) of this rule. If an applicant fails any of the three module(s) on the placement test, the applicant shall be required to complete and satisfactorily pass any corresponding module(s) of FIRST training. The placement test may be taken only once.

(4) Possesses current "Automotive Service Excellence" certification in Engine Performance (A8) and Electrical Systems (A6), ensuring that the technician has demonstrated competence in the area of basic emissions control systems. Beginning January 1, 1998, "Automotive Service Excellence" certification in Automobile Advanced Engine Performance (L1) will be required of each applicant. The director reserves the right to require or waive performance standards as he deems necessary.

(B) Certification as a waiver repair technician shall be valid for two years. Each certified technician may conduct or otherwise perform waiver repairs only at a licensed waiver repair facility.

(C) The director shall provide each applicant a waiver repair technician's certificate upon successful completion of certification requirements. The candidate may perform waiver related repairs as required in in paragraph rule 3745-26-12 of Administrative Code prior to the reception of a certificate only if all other requirements for certification have been met and satisfactorily completed or passed.

(D) Certified waiver repair technicians who change their place of employment from one licensed waiver repair facility to another may continue to conduct waiver repairs so long as their certification is valid. Certified technicians shall notify the director prior to a change in place of employment.

(E) The director may require a certified waiver repair technician to attend a program update training course at any time in order to maintain certification. The director will notify the technician in writing of any additional training requirements.

(F) Recertification as a waiver repair technician shall consist of submitting an application to the director before the current certification expires. Additional training may also be required.

(G) Approval of technician trainers

(1) The director or his designee may approve waiver repair technician trainers.

(2) The director may include terms and conditions necessary to become an Ohio EPA approved trainer for the purpose of training and certifying waiver repair technician.

(3) Upon approval by the director or his designee, Ohio EPA approved trainers shall also be certified as a certified waiver repair technician.

Eff 12-29-95
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3704.14
Rule amplifies: RC 3704.14