Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-04 - Certification requirements for ignition interlock devices

Current
			 through all regulations passed and filed through July 1,
			 2024
(A) Upon obtaining
			 a license from the department pursuant to rule
			 4501-45-03 of the Administrative
			 Code, a manufacturer of an ignition interlock device is immediately eligible to
			 apply for certification from the director for each ignition interlock device
			 model or type that differ in any aspect intended for lease, sale, or other use
			 in this state.
(B) A manufacturer
			 of an ignition interlock device may not be eligible for certification of its
			 device(s) if any of the manufacturer's owner(s), officers, partners, agents,
			 employees, contractors, or installers
								is an employee, or immediate family member of an
			 employee, of the department or the department of health;
(C)
								A manufacturer of
			 an ignition interlock device, is not eligible for certification of its
			 device(s) if the manufacturer, including, but not limited to the agents,
			 employees, contractors, or installer(s), who work in Ohio, has plead guilty to,
			 or been convicted of, any disqualifying offense in paragraphs (C)(10)(a) to
			 (C)(10)(d) of this rule.
A manufacturer of an ignition interlock
				device may not be eligible for certification of its device(s) if the
				manufacturer, including, but not limited to, the agents, employees,
				contractors, or installer(s), work in Ohio, has plead guilty to, or been
				convicted of, any disqualifying offense in paragraphs (C)(10)(e) to (C)(10)(t)
				of rule 4501-45-05 of the Administrative
				Code.
(D) A manufacturer
			 shall submit an "Ignition Interlock Manufacturer Application for Certification"
			 (OTS 0029) for first-time and renewal of certification of an ignition interlock
			 device. Beginning January 1, 2024, renewal applications shall be submitted to
			 the department between October first and December thirtieth each year.
(1) A manufacturer of an ignition interlock
			 device shall file a separate application for
			 certification and renewal for each device model or type that differ in any
			 aspect. The original certification application includes:
(a)
										A certificate from an independent testing laboratory
			 indicating that the ignition interlock device that is the subject of the
			 manufacturer's application meets or exceeds the model specifications of the
			 "National Highway Traffic Safety Administration (NHTSA), Department of
			 Transportation, as published in Volume 78 No. 89 of the Federal Register on May
			 8, 2013 (78 F.R. 26849, 2013)" attached as an appendix to this rule, and
			 incorporated as if fully rewritten herein, or any modifications thereto, in
			 effect at the time of the director's decision regarding certification of the
			 device. These specifications must include:
(i)
											Requiring the
			 operator to submit to a random retest within ten minutes of starting the
			 vehicle. A random retest must continue at intervals not to exceed fifteen
			 minutes after the previous retest, and not to exceed four times in one hour,
			 for the duration of the travel. An operator shall have a maximum of six minutes
			 to perform the retest. If a passing sample is not provided, the device shall
			 continue prompting for additional retests until a passing sample is provided or
			 the six minutes elapses, whichever comes first. A failed retest shall be logged
			 if the six minutes elapses and no passing sample is provided. If the vehicle is
			 accidentally or intentionally powered off and a passing sample has not been
			 provided the device will prompt for retests until the six minutes has elapsed.
			 The vehicle may not be restarted after being turned off during a retest
			 sequence until a passing sample has been provided. The device will revert back
			 to initial startup requirements after the six minutes has expired without a
			 passing sample. The manufacturer shall record on the data logger all retests
			 and associated results along with any evidence of circumvention. All results
			 must be reported to the court or monitoring agency.
(ii)
											That the device
			 allow a minimum of 1.5 L of breath for an acceptable breath sample and permit
			 1.2 L upon medical recommendation;
(iii)
											The device
			 shall be calibrated to a set point of twenty thousandths percent per gram of
			 breath alcohol concentration to start the vehicle and for retest purposes, with
			 consideration to drivers under twenty-one years of age;
(iv)
											That the device
			 contains a digital image capture device or camera that does not distract or
			 impede the driver in any manner from safe and legal operation.
(v)
											That the device
			 maintain minimum a calibration stability period of thirty-seven days (thirty
			 days plus seven-day lockout countdown) or, not to exceed sixty-seven days
			 (sixty days plus seven-day lockout countdown). Sixty-seven days is respective
			 to if the device is utilizing of real-time violation reporting.