(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
certification 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
certifying as a waiver repair facility, the director
shall issue an initial or a renewal
license
certification
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
certificate. For any voluntary relinquishment or
abandonment of
license
certificate, or cessation of operation of the
facility, it is the responsibility of the
licensee
applicant to
notify the director, at least seven days in advance, of the exact date the
station
facility will cease conducting waiver repairs
as a certified facility. The director
or his representative shall reclaim all
state-owned or state-provided property.
(C) The
license
certificate
shall be valid only for
the following:
(1) The owner in whose name the
license
certificate is issued
,
.
(2) The transaction of business for the
purpose of this chapter
, and
.
(3) The
location designated
thereon
on the
certificate. The applicant shall provide proof that the required
emissions equipment as detailed in paragraph
(B)
(G) of
this 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
certificate 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
applicant
shall notify the director within seven calendar days, in writing, when
an
the last
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
will no longer be qualified to be on the list as a
certified repair facility.
(F) The director may revoke any waiver repair
facility
license
certificate for a facility failing to maintain and
meet the terms and conditions established in this rule.
(G)
Waiver
Certified
waiver repair facilities shall
not conduct
waiver repairs
lose their certification if any
of
unless the
the following items are
on
its premises and
missing or are
not in full operating condition:
(1) Current reference materials
;
.
(2) DVOM or digital multi-meter
;
.
(4) Fuel pressure test kit
;
.
(5)
Carbon cleaner system
;
.
(6)
3, 4, or 5
Three,
four, or five gas analyzer
;
.
(8)
Basic ignition
Ignition scope
with DIS
capabilities.
(H)
The following items are required beginning January 1, 1998 when U.S. EPA's
phase-in specifications are upgraded:
(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
certified waiver repair facility shall display the
official sign issued
to it, by the
director. The official
certified 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 certified waiver repair
facility, shall be surrendered by the licensee
applicant 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)
(K) Each
certified waiver repair facility shall contact
the director at least thirty days prior to a change of ownership, business
name, or location.
Upon notice of a change of a
facility owner or location, the director shall issue a certificate under the
subsequent facility name, owner, or location, provided the facility meets or
continues to meet the minimum criteria as a certified waiver repair
facility.
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.
(L)
In the event of any changes, the subsequent owner or
the current owner of a subsequent facility location shall submit a new
certification application to the director.