Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-26 - I/M Program Rules and Regulations › Section 3745-26-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
[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 this rule titled "referenced
				materials."]
(A) "Approved technician
			 trainer" means an individual who 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 the director's designee
			 to instruct technician training.
(B) "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 this chapter.
(C) "Certified repair facility" means a site,
			 a building, structure, mobile operation, or combination thereof used by a
			 person, business, firm, corporation, or governmental entity certified by the
			 director in compliance with rule
			 3745-26-15
			 of the Administrative Code to conduct emission related repairs to gasoline and
			 diesel fueled vehicles for a repair waiver. The purpose of certifying a
			 facility is to acknowledge to the public that the facility is certified and
			 qualified to conduct emissions related repairs and not that the facility is
			 exclusive to make these repairs.
(D) "Certified waiver repair technician"
			 means an individual who has attended and completed required training,
			 successfully passed a required examination and has been certified by the
			 director in compliance with rule
			 3745-26-16
			 of the Administrative Code to complete emission related repairs subject to this
			 chapter.
(E) "Compliance" or
			 "comply" means a vehicle has passed all aspects and parameters of the
			 anti-tampering enhanced vehicle inspection and maintenance program, which is
			 required under this chapter. 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 enhanced inspection and maintenance program. This contractor shall, in
			 part, operate, manage or oversee a system of inspection stations operated by
			 the contractor and subcontractor for the enhanced inspection and maintenance
			 program.
(G) "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 and that is subject to an enhanced vehicle
			 inspection and maintenance program.
(H) "Director" means the director of the Ohio
			 environmental protection agency or the director's authorized
			 representative.
(I) "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.
(J) "Enhanced" means the vehicle inspection
			 program described in this chapter.
(K) "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
			 3745-26-12
			 of the Administrative Code or as determined by the director. 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.
(L) "Extension
			 certificate" means an official certificate issued by the director to a motor
			 vehicle owner or lessee for emergency or other purposes deemed by the director
			 to warrant an extension of the time to complete the vehicle emissions test of
			 that motor vehicle. 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.
(M) "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.
(N)
			 "Government vehicle" means any vehicle as defined in section
			 4503.16
			 of the Revised Code.
(O) "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.
(P) "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.
(Q)
			 "Inspection Procedures Manual" or "manual" means the book containing the most
			 recent official document approved 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.
(R)
			 "Inspection station" means any station or facility, leased or owned, and
			 operated by the contractor or subcontractor approved by the director to conduct
			 anti-tampering inspections and emission inspections of motor vehicles and
			 authorized to issue an inspection certificate or any other program related
			 certificates.
(S) "Lessee" means
			 any person not having title to a motor vehicle, but granted legal authority by
			 the title holder to possess the vehicle.
(T) "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.
(U) "Low-speed vehicle"
			 means a three or four-wheeled motor vehicle with an attainable speed in one
			 mile on a paved level surface of more than twenty miles per hour but not more
			 than twenty-five miles per hour and with a gross vehicle weight rating less
			 than three thousand pounds.
(V)
			 "Mini-truck" means a vehicle that has four wheels, is propelled by an electric
			 motor or an internal combustion engine with a piston displacement capacity of
			 six hundred sixty cubic centimeters or less, has a total dry weight of nine
			 hundred to two thousand two hundred pounds, contains an enclosed cabin and a
			 seat for the vehicle operator, resembles a pickup truck or van with a cargo
			 area or bed located at the rear of the vehicle, and was not originally
			 manufactured to meet federal motor vehicle safety standards.
(W) "Motor vehicle" or "vehicle" has the
			 meaning as defined in division (B) of section
			 4501.01
			 of the Revised Code.
(X)
			 "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.
(Y) "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
			 Clean Air Act.
(Z) "Ohio E Check"
			 is the enhanced motor vehicle inspection and maintenance program designated and
			 implemented in accordance with section
			 3704.14
			 of the Revised Code in the counties that are necessary and federally mandated
			 for the state to comply with the Clean Air Act.
(AA) "Opt-in enhanced" means an enhanced
			 vehicle inspection and maintenance program selected by a moderate ozone or
			 carbon monoxide nonattainment area as described in rules
			 3745-26-10,
			 3745-26-12,
			 3745-26-13
			 and
			 3745-26-14
			 of the Administrative Code.
(BB)
			 "Owner" means any person other than a manufacturer or dealer having title to a
			 motor vehicle.
(CC) "Person" means
			 the state, any political subdivision, public or private corporation,
			 partnership, firm, association, individual, organization or other
			 entity.
(DD) "Queuing area" means
			 the space allocated in each lane at each inspection station where vehicles wait
			 for testing.
(EE) "Repair facility"
			 means a site, a building, structure, mobile operation or combination thereof
			 used by a person, business, corporation, or government entity to conduct, as a
			 business with a vendors license, or corporation, or government maintenance
			 operation, emission related repairs to gasoline and diesel fueled vehicles for
			 a repair waiver. The director reserves the right to take into consideration
			 other additional factors in the application of this paragraph.
(FF) "Repair waiver" means obtaining a repair
			 waiver certificate in accordance with rule
			 3745-26-12
			 of the Administrative Code in lieu of passing an emissions test in order to
			 meet compliance with the appropriate model year emission standards. A repair
			 waiver is valid for the period of time specified in paragraph (E)(3) of rule
			 3745-26-12
			 of the Administrative Code.
(GG)
			 "Repair 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.
(HH) "Rural"
			 means an area that does not have defined boundaries, is more sparsely populated
			 or consists of low population density, usually used for mostly farming and
			 agriculture.
(II) "Subcontractor"
			 means a person or business that contracts with the contractor to provide
			 vehicle emissions testing or other services necessary for the performance of
			 the vehicle inspection and maintenance program or vehicle emissions testing
			 program.
(JJ) "Test center" means
			 any inspection station operated by a contractor where emission inspections and
			 reinspections are performed.
(KK)
			 "Under-speed vehicle" means a three or four-wheeled vehicle, including a
			 vehicle commonly known as a golf cart, with an attainable speed on a paved
			 level surface of not more than twenty miles per hour and with a gross vehicle
			 weight rating less than three thousand pounds.
(LL) "Urban" means a metro statistical area
			 that has a defined boundary and is characterized as having a high population
			 density similar to that of a city, town or municipality, or a region consisting
			 of several metropolitan areas having contiguous boundaries.
(MM) "Utility vehicle" means a self-propelled
			 vehicle designed with a bed, principally for the purpose of transporting
			 material or cargo in connection with construction, agricultural, forestry,
			 grounds maintenance, lawn and garden, materials handling, or similar
			 activities. The vehicle has an attainable speed in one mile on a paved level
			 surface of more than twenty miles per hour but not more than twenty-five miles
			 per hour.
(NN) "Vehicle
			 identification number" or "VIN" means the manufacturer's original serial number
			 affixed to or imprinted upon the chassis or other part of the motor
			 vehicle.
(OO) "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 from the tailpipe
			 emissions test, or the diagnostic trouble codes from the on board diagnostic
			 test, an anti-tampering inspection and indicates whether the vehicle has passed
			 or failed the different sections of 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.
(PP) "Waiver
			 limit" means the minimum dollar amount required to be spent for motor vehicle
			 emission related repair and diagnostic fees, by each owner or lessee whose
			 vehicle fails the enhanced test in order for said owner or lessee to be
			 eligible for a repair waiver as prescribed in paragraphs (E)(1) and (E)(2) of
			 rule
			 3745-26-12
			 of the Administrative Code. For any vehicle registered in a county that is
			 subject to an enhanced inspection program, "waiver limit" means at least two
			 hundred dollars for a 1995 vehicle or earlier model year or three hundred
			 dollars for a 1996 vehicle or more recent 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.
(QQ) Referenced materials. This chapter
			 includes references to certain subject matter or materials. The text of the
			 referenced materials is not included in the rules contained in this chapter.
			 Information on the availability of the referenced materials as well as the date
			 of and the particular edition or version of the material is included in this
			 rule. For materials subject to change, only the specific version specified in
			 this rule are incorporated or referenced. Material is referenced as it exists
			 on the effective date of this rule. Except for subsequent annual publication of
			 existing (unmodified) Code of Federal Regulation compilations, any amendment or
			 revision to a referenced document is not referenced unless and until this rule
			 has been amended to specify the new dates.
(1)
			 Availability. The referenced materials are available as follows:
(a) ASE, the national institute for
			 automotive service excellence. Information can be obtained by writng to: "ASE,
			 101 Blue Seal Drive, S.E. Suite 101 Leesburg, VA 20175." Information can also
			 be obtained by calling 1-703-669-6600 or in electronic format at:
www.ase.com
.
(b) Clean Air Act. Information and copies may
			 be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO
			 Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also
			 available in electronic format at
http://www.epa.gov/clean-air-act-overview/clean-air-act-text
.
			 A copy of the act is also available for inspection and use at most public
			 libraries and "The State Library of Ohio."
(c) Code of Federal Regulations (CFR).
			 Information and copies may be obtained by writing to: "Superintendent of
			 Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The
			 full text of the CFR is also available in electronic format at
http://www.ecfr.gov
. The CFR
			 compilations are also available for inspection and use at most public libraries
			 and "The State Library of Ohio."