Rule 391-3-20-.09 - Inspection Station Requirements(1) Classes of stations - There shall be two classes of inspection stations: regular inspection stations and fleet inspection stations. Regular inspection stations shall be public inspection stations and may inspect no more than ten (10) vehicles per year which are owned incidental to the operation of the business. (a) Regular Inspection Stations 1. A regular inspection station is authorized to inspect any vehicle subject to the I/M Program.(b) Fleet Inspection Stations 1. Vehicle owners who operate a fleet vehicle may apply for a Certificate of Authorization under this Chapter to inspect their own fleet vehicles, but must meet certain additional requirements beyond those established for public regular inspection stations. Fleet inspection stations are only allowed to inspect fleet vehicles that they own or operate. No inspection of public vehicles is allowed by a fleet inspection station.(2) General Requirements for Inspection Stations (a) Persons wishing to obtain or renew a Certificate of Authorization to operate one or more inspection stations shall apply to EPD in a format established by EPD. One application must be submitted for each inspection station. Each application shall include all information required by the Director to determine that the proposed inspection station will meet the requirements of the Act and this Chapter and shall identify all persons having any ownership, financial and/or operational interest in the station. Additional information that may be requested includes, but is not limited to: 1. Explicit permission of all persons having any financial or operational interest in the station, as named in the application, authorizing the director to conduct a background check, including criminal history, on the named individuals;2. Facility purchase or lease agreement(s);3. Georgia Analyzer System (GAS) purchase or lease agreement(s);4. Proof of a filed bond or a copy of accepted certificate of liability insurance;5. Copy of approved business license or application for same showing signature(s) of the business owner(s); and6. Other documents as deemed necessary by EPD to determine all persons having any ownership, financial and/or operational interest in the inspection station.(b) A station owner shall obtain all permits and licenses necessary for the establishment of each inspection station. The station shall conform to all applicable federal, state and local code requirements including, but not limited to, planning and building codes, carbon monoxide levels, ventilation, safety, and fire regulations. All permits, licenses, leases, and/or other requirements for the station shall be maintained for the duration of the Certificate of Authorization. An update shall be filed with the Management Contractor, in a format approved by EPD, no later than the next business day for any change in the information in or submitted with the application and/or any change in the permits, licenses and/or other requirements for the station.(c) Mobile Georgia Analyzer Systems (GAS) 1. EPD may approve a station owner to operate a mobile GAS only at a fleet or car dealer location for the purpose of performing emission inspections only on fleet vehicles subject to the I/M Program that are owned or operated by that fleet or car dealer. A public inspection station owner with an approved mobile test system shall make all invoices submitted to fleet owners and/or car dealers for emission inspections using a mobile test system available to EPD or the Management Contractor.2. A station owner that has been approved to operate a mobile GAS at a fleet or car dealer location shall comply with all requirements for mobile inspecting as established in these rules. A station owner that has been approved to operate a mobile GAS shall provide the Management Contractor and EPD, if directed to do so by EPD, with advance notice of scheduled emission inspections of fleet or car dealer locations by 2 PM of the previous business day and shall update such notice as the schedule is changed. The station owner may delete locations from the schedule of fleet or car dealer locations after 2 PM of the previous business day, but may not add fleet or car dealer locations to the schedule. EPD may approve an alternate procedure that provides equivalent quality assurance in lieu of a submitted schedule.3. A public inspection station owner that has received an approval to operate a mobile GAS shall not perform emission inspections on public vehicles at a location other than at the public inspection station location identified on the Certificate of Authorization.(d) Public inspection station owners shall provide an area adequate to allow four (4) vehicles per inspection lane to wait for an emissions inspection.(e) A public inspection station owner shall display a sign approved by EPD that indicates that the facility is a State-Certified Emissions Inspection Station and that shows the fee charged for performing the emission inspection. The station owner shall erect the sign in a location visible to the motoring public. All sign locations must meet State and local code requirements. Signs that are illegible, damaged or contain unapproved modifications shall be replaced with an approved sign.(f) Lanes at each inspection station must be of adequate length, width, and height to accommodate all normal-sized vehicles which are presented for inspection.(g) A station owner shall provide adequate protection for the GAS to allow it to operate within specifications in all weather conditions. Any component of the GAS, which could affect the emission inspection results, shall not be subjected to temperatures outside the manufacturer's specifications. The station owner shall maintain all GAS in fully operational condition.(h) A public inspection station owner shall provide to its customers: 1. a public waiting area, which will allow the motorist to observe the emissions inspection of his or her vehicle;2. a response to inquiries and complaints in person and over the telephone during business hours;3. EPD public information materials: (i) The current, quarterly RepairWatch Public Report provided by EPD or the Management Contractor on repair facilities that have a documented history of emission related repairs on vehicles which have failed the emission inspection;(ii) The program Motorist Rights Poster provided at the time of station certification; and(iii) The program Q&A brochure.(iv) The station owner shall maintain such item(s) in legible condition and either posted or made available for motorists' uninhibited viewing.(i) A station owner shall: 1. be responsible for all emission inspections conducted at the inspection station(s);2. be responsible for providing adequate oversight to ensure the station and station personnel comply with the requirements of the Act and this Chapter;3. obtain and maintain in working order a secure static internet connection for each GAS at the station to connect to the VID;4. transmit all vehicle inspection data and quality assurance data that is collected to the VID;5. ensure that the GAS is connected to the secure static internet connection at all times, except in the case of a mobile or mobile capable GAS operating offsite at a fleet or car dealer location which shall be connected to the data transmission line within 72 hours of any emission inspection;6. ensure that the mobile capable GAS shall have the GAS connected at all times to a secure static internet connection while being used as a non-mobile GAS.7. collect, store and submit to the Management Contractor all Emission Repair Forms for each reinspection performed at the inspection station;8. obtain and maintain in legible condition any published OBD DLC Location Chart available or copy which is available on the GCAF website- www.cleanairforce.com, at each station;9. obtain and maintain at all times in legible condition a current copy of the Emissions Inspector Certification Training Program Manual, Version 1.4 or later provided during inspector certification or copy which is available on the GCAF website-www.cleanairforce.com, at each station; and(j) The station owner shall pay a per-paid-inspection program administration fee. This fee will be collected through the sale of E-Certs or other method determined by the Director. This fee will cover the cost to administer the program, including: 1. the services of the Management Contractor,2. the cost of EPD administration,3. the cost to affected county tax offices of monitoring vehicle registrations, and4. any other costs allowed by the Act.(k) Liability Insurance 1. Inspection station owners, except fleet inspection station owners, conducting inspections on vehicles as defined in this Chapter shall provide proof of $100,000 bond or liability insurance for the period of the Certificate of Authorization.2. Inspection station owners shall notify the Management Contractor no later than the next business day upon termination of or any change in insurance coverage.(l) Hours of Operation 1. Public inspection station owners shall post the inspection station hours of operation, including hours regularly closed for meals if applicable, on the inspection station's State-Certified Emissions Inspection Station sign. Inspection station owners shall provide emissions inspections at all times during the posted hours. Public inspection station owners may provide inspections by appointment only but shall notify the Management Contractor and indicate such on the station's State-Certified Emissions Inspection Station sign.2. The station owner shall post a "Closed" sign over the station's State-Certified Emissions Inspection Station sign when the inspection station is closed and unstaffed during posted hours.(m) A public inspection station owner shall display the Certificate of Authorization issued to the inspection station pursuant to this Chapter at said inspection station in a convenient location visible to the public.(n) Whenever an inspector ceases employment with an inspection station, either through resignation, termination, or by other means, the station owner shall notify the Management Contractor, in a format approved by EPD, within three (3) business days of the inspector ceasing employment.(o) No station owner, facility owner, station personnel, or facility personnel shall interfere with EPD or the Management Contractor when they are conducting an audit of the inspection station or GAS(s), or when they are conducting an investigation of the emission inspection activities at a station or at any facility claiming or appearing to be an emission inspection station.(p) During an audit of the inspection station or GAS(s) by EPD or the Management Contractor, or during an investigation of the emission inspection activities at a station, the station owner shall: 1. provide prompt access to the premises, at reasonable times, where inspections are performed and to the GAS(s);2. provide prompt access to all station related documents and materials necessary to complete the audit or investigation; and3. provide prompt assistance in operating and calibrating the GAS(s) as necessary to facilitate the audit or investigation, or sign a release of liability that allows EPD or the Management Contractor to operate and calibrate the GAS(s) during the audit or investigation.(q) The station owner shall maintain a current mailing address, telephone number, email address and other contact information on file with EPD so that EPD may communicate with the owner on all matters regarding the station, including compliance and enforcement issues. The station owner may designate, in the station application or a written update thereto, another person to receive such communication from EPD. In that case, the station owner shall also provide that person's contact information, including email address, will be presumed to have received all communications from EPD through the person he or she has designated, and remains responsible for compliance with the requirements of the Act and this Chapter.(3) Additional Requirements for Fleet Inspection Stations. (a) The administrative fee charged to fleet inspection stations shall be at least as much as the fee charged to public inspection stations. This fee may be increased to cover any additional cost of increased monitoring requirements for fleet inspection stations.(4) Quality Assurance for Fleet Vehicles.(a) EPD or the Management Contractor may require fleet inspection stations and mobile inspection stations while on-site to re-inspect randomly selected fleet or car dealer vehicles to verify that emissions inspections are being performed properly.(b) EPD may require fleet inspection stations and mobile inspection stations to install a video camera surveillance system on the GAS to record all emissions inspections.Ga. Comp. R. & Regs. R. 391-3-20-.09
O.C.G.A. § 12-9-40, et seq., as amended.
Original Rule entitled "Inspection Stations" adopted. F. Nov. 1, 1993; eff. Nov. 21, 1993.Amended: F. May 24, 1994; eff. June 13, 1994.Amended: Rule re-titled "IM240 Program Inspection Station Requirements." F. Aug. 31, 1994; eff. Sept. 20, 1994.Repealed: New Rule entitled "Inspection Stations Requirements" adopted. F. Aug. 28, 1995; eff. Sept. 17, 1995.Amended: ER. 391-3-20-0.33-.09 adopted. F. June 4, 1996; eff. May 29, 1996, the date of adoption.Amended: Permanent Rule adopted. F. Aug. 26, 1996; eff. Sept. 15, 1996.Amended: F. June 3, 1997; eff. June 23, 1997.Amended: ER. 391-3-20-0.36-.09 adopted. F. Oct. 17, 1997; eff. Oct. 15, 1997, the date of adoption.Amended: ER. 391-3-20-0.38-.09 adopted. F. Dec. 5, 1997; eff. Dec. 3, 1997, the date of adoption.Amended: F. Mar. 27, 1998; eff. Apr. 16, 1998.Amended: F. Aug. 27, 1998; eff. Sept. 16, 1998.Amended: F. Sept. 17, 1999; eff. Oct. 7, 1999.Amended: F. Dec. 2, 1999; eff. Dec. 22, 1999.Amended: F. Dec. 8, 2000; eff. Dec. 28, 2000.Amended: F. June 28, 2001; eff. July 18, 2001.Amended: F. Dec. 6, 2001; eff. Dec. 26, 2001.Amended: F. Dec. 20, 2004; eff. Jan. 9, 2005.Amended: F. May 30, 2014; eff. June 19, 2014.Amended: F. Nov. 2, 2016; eff. Nov. 22, 2016.Amended: F. Mar. 8, 2018; eff. Mar. 28, 2018.Amended: F. Jan. 28, 2019; eff. Feb. 17, 2019.Amended: F. Mar. 24, 2021; eff. Apr. 13, 2021.Amended: F. Mar. 30, 2022; eff. Apr. 19, 2022.Amended: F. Feb. 6, 2024; eff. Feb. 26, 2024.