Md. Code Regs. 11.14.08.19

Current through Register Vol. 51, No. 13, June 28, 2024

Section 11.14.08.19 - Certified Emissions Repair Facility

A. Initial Application and Certification.

To qualify for certification, a person shall:

(1) Submit an application to the Department;

(2) Maintain a repair facility capable of making emissions-related adjustments and repairs;

(3) Possess all required equipment as listed in §C of this regulation;

(4) Pass an audit as defined in §F of this regulation; and

(5) Employ all required personnel as listed in §D of this regulation.

B. Suspension, Revocation, and Denial of Certification.

(1) The Department may suspend, revoke, or deny a certification under any of the following conditions:

(a) False, inaccurate, or misleading information is knowingly communicated to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;

(b) Certification is obtained, or attempted to be obtained, fraudulently or deceptively;

(c) An audit under §F of this regulation is failed; or

(d) Evidence is exhibited that vehicles repaired by the facility under this chapter have repeatedly failed reinspections.

(2) The Department may reinstate a suspended certification upon the resumption of compliance by the facility with the requirements of this chapter.

(3) Upon revocation of certification a person shall, within 10 business days, return to the Department all materials which were issued as a result of the certification, including any signs and documents, and remove any other materials which may lead the public to believe that the facility continues to be certified.

(4) A person whose certification has been revoked may reapply for certification according to the procedures of §A of this regulation if:

(a) At least 90 days have elapsed since the revocation; and

(b) Corrective action approved by the Department has been taken.

C. Equipment and Tool Requirements.

A certified emissions repair facility shall possess and update as required diagnostic equipment and tools as specified by the Department, including but not limited to:

(a) Emissions diagnostic and repair information for affected model year vehicles;

(b) A scan tool to extract fault codes from any vehicle equipped with on-board diagnostics;

(c) A multimeter;

(d) A fuel or hydraulic pressure gauge;

(e) A vacuum gauge;

(f) A vacuum pump; and

(g) A compression tester or cylinder leak down tester.

D. Personnel Requirements.

(1) A certified emissions repair facility shall ensure that only a master certified emissions technician diagnoses emissions-related faults, and supervises or performs emissions-related repairs and adjustments to bring vehicles into compliance with the provisions of this chapter.

(2) A certified emissions repair facility shall employ at least one fulltime master certified emissions technician at each certified emissions repair facility location and ensure that a master certified emissions technician:

(a) Is routinely scheduled to work during the advertised operating hours of the facility; and

(b) Provides documentation, in a form prescribed by the Administration and the Department, on the vehicle repairs performed and certifies that the repairs have been performed or supervised by a master certified emissions technician.

E. Equipment Quality Assurance. For all equipment required under this regulation, a certified emissions repair facility shall follow, at a minimum, the manufacturer's specifications for maintenance and calibration, and the procedures established by the Department.

F. Audits.

(1) A certified emissions repair facility shall allow access to Department personnel to conduct audits of the facility. Audits will be conducted at random and with no prior notification.

(2) An audit shall include:

(a) A review of vehicle repair history; and

(b) Checks of record-keeping, equipment, and compliance with personnel requirements.

(3) Audit failure is cause for suspension, revocation, or denial of facility certification.

G. Record Keeping.

(1) A certified emissions repair facility shall maintain the following records, separately and in chronological order, for a period of 3 years, at the facility or at an alternative location approved by the Department:

(a) Records of quality assurance procedures in compliance with the provisions of this chapter; and

(b) Vehicle repair records.

(2) A certified emissions repair facility shall make the records available for inspection or for duplication upon request of the Department.

Md. Code Regs. 11.14.08.19

Regulations .19 adopted effective June 26, 1989 (16:10 Md. R. 1110)
Regulations .19 adopted effective January 2, 1995 (21:26 Md. R. 2189); amended and recodified from .18 effective 50:1 Md. R. 8, eff. 1/23/2023