Ohio Administrative Code|Rule 3745-26-10 | Requirements for contractors in the enhanced automobile inspection and maintenance program.

                                                

[Comment: For dates and availability of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see paragraph (QQ) of rule 3745-26-01 of the
Administrative Code titled "referenced materials."]

(A) The motor vehicle inspections
conducted under the 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. A contractor may subcontract testing or
other services with a person or business, in accordance with the terms of the
contract, provided the contractor and subcontractor comply with the contract
and this chapter, as applicable.

(C) The contractor shall construct,
maintain and operate computerized, high volume on board diagnostics inspection
stations and tailpipe emission inspection stations, except where the director
determines that the tailpipe emission inspections are no longer necessary, in a
designated program area for the purpose of inspecting vehicles as required
under section 3704.14 of the Revised Code. These contractor run vehicle
emissions inspection stations shall meet, but not be limited to the following
requirements:

(1) Eighty per cent of
the population that is subject to 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) A majority of the
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.

(D) The contractor or any of the
contractor's employees are 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) The contractor shall provide emission
inspection data analyses and furnish to the director summary reports on a
weekly, monthly, quarterly, and yearly basis and special reports as requested
by the director to carry out the requirements of section 3704.14 of the Revised
Code.

(G) The director may conduct periodic
announced and unannounced audits of testing facilities to ensure that the
contractor continues to meet this chapter 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 VIR shall contain the following
statement: "This automobile inspection is the result of requirements under
the Clean Air Act as enacted by the United States Congress and enforced by U.S.
EPA. Any questions or comments on the need of the testing program can be
directed to U.S. EPA at Environmental Protection Agency, Ariel Rios Building,
Office of Transportation and Air Quality, 1200 Pennsylvania Ave. NW,
Washington, D.C. 20460.
http://www.epa.gov/home/forms/contact-epa."

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



Last updated August 7, 2021 at 1:15 AM


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