[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see paragraph (M) of rule
3745-80-01 of the
Administrative Code titled "referenced materials."]
(A) For the purposes of investigating
reported tampering violations and conducting routine audits to determine
compliance with sections
of the Revised Code, the director may inspect, during normal business hours,
any motor vehicle or documents located at a motor vehicle facility.
(B) All anti-tampering inspectors shall
satisfactorily complete the training required to receive a designation of
authorized representative of the United States environmental protection agency
for the purpose of conducting anti-tampering investigations or other motor
vehicle anti-tampering training approved by the director. Each anti-tampering
inspector who satisfactorily completes the training shall be issued a
certificate by the Ohio environmental protection agency. The certificate shall
be valid for three years from the date of issuance. Renewal anti-tampering
training may be required in order to renew the certificate. If an inspector
fails to satisfactorily complete any required renewal training prior to the
certificate expiration date, the inspector shall surrender the
(C) Upon receipt of a
reported anti-tampering violation regarding a motor vehicle facility, or for
the purpose of inspecting a motor vehicle facility to determine compliance with
of the Revised Code, anti-tampering inspectors shall inspect a variety of motor
vehicle makes, model years and types so as to provide an adequate cross section
of the motor vehicles offered for sale at the motor vehicle facility.
During motor vehicle facility
investigations, or investigations of reported violations, pursuant to paragraph
(G) of rule
of the Administrative Code, antitampering inspectors shall inspect the motor
vehicle emission systems in accordance with the procedures listed in the
statewide anti-tampering procedures manual. Motor vehicles shall be inspected
for compliance with the original manufacturer's United States environmental
protection agency design specifications. After-market replacement parts and
add-on and modified parts meeting the performance criteria specified in volume
40 of the Code of Federal Regulations, Part 85, Subpart V; the requirements of
the United States environmental protection agency policy document, memorandum
1A or have not otherwise been found in violation of the anti-tampering
provisions of the Clean Air Act, are considered to be in compliance with this
The emission system
reference manual or the motor vehicle emission control information (VECI) label
located on each motor vehicle shall be used to determine the motor vehicle
emissions systems requiring inspection. If a conflict exists, the VECI label
shall take precedence. The emission systems subject to inspection may include,
but not be limited to the following:
Catalytic converter system.
Evaporative emission system.
Fuel inlet restrictor.
crankcase ventilation system.
Thermostatic air intake system.
Air injection reaction system.
Exhaust gas recirculation system.
(8) Oxygen sensor.
(9) Computer control system.
Selective catalytic reduction (for