18 AAC 52.420. Equipment certification

(a) A manufacturer or distributor of emissions test equipment may apply to the department for certification of that equipment for use under this chapter. A person who seeks certification of equipment for use in this state under this chapter shall provide EISs that are an Alaska version of the BAR 97-certified EIS or equivalent. The EIS must be modified to meet the specifications set out in Part I of the program manual. The application must include

(1) the following for California certified hardware:

(A) evidence that the EIS hardware has been certified by the BAR;

(B) all applicable BAR certifications issued for the hardware;

(C) all documentation submitted to the BAR as part of the hardware certification process, including details on the certified hardware configuration; and

(D) a sworn statement by the applicant that the BAR has not revoked certification and that the hardware configuration of the Alaska EIS is identical to that certified by the BAR except as specified in Part I of the program manual;

(2) the following for an EIS equivalent to the California certified BAR 97:

(A) evidence, such as test data, or description of another application or situation in which the hardware has been used; and

(B) evidence that documents the hardware has achieved a level of performance equal to or better than that required under BAR 97 certification;

(3) documentation that the Alaska version of the BAR 97-certified EIS or equivalent operates in a manner consistent with the inspection requirements, the EIS use examples, and the emissions standards contained in Part IV of the program manual;

(4) the specific display prompts and programming of the EIS as set out in Part I of the program manual, including a printed representation of all screen displays that a technician might encounter when using the EIS;

(5) a certified statement that the EIS has been designed to meet the requirements of Part I of the program manual;

(6) an instruction manual for the EIS satisfying the requirements of Part I of the program manual;

(7) a certification signed by an authorized company representative that includes:

(A) a statement that the applicant will provide or arrange for service and maintenance and that addresses

(i) lock-out correction;

(ii) service providers located in this state;

(iii) response time of three days or less from the time a service call is made from any I/M area in this state to provide the service;

(iv) completion of all on-site repairs within five working days from the time the service call is made;

(v) providing a loaner EIS should the analyzer be unrepairable within five working days from the time the service call is made;

(vi) an on-call service technician Monday through Saturday; and

(vii) a 24 hour call-in system and procedures that allow an EIS owner to contact the service technician or place a service call; and

(B) a full description of applicable warranty provisions including

(i) service response time and local or toll-free service contact phone number; and

(ii) a certified copy of the warranty form that will be presented to prospective purchasers and provided with all EISs sold in this state;

(8) a year 2000 compliance statement;

(9) Underwriters Laboratory (UL) or other approved certifications for all system hardware;

(10) a statement that the applicant warrants that each EIS will be free from defects in materials or workmanship as required in Part I of the program manual;

(11) a statement that the applicant will provide a software update of up to 750 programming hours at no cost for development or installation and that additional software updates necessary to comply with revisions to the requirements of Part I of the program manual will be made by the applicant within six months after receiving a notice from the department that a software revision is necessary;

(12) a statement that the applicant will provide two EISs for evaluation by the department or its designee as required by (b) of this section;

(13) a statement that the applicant recognizes that successful completion of the evaluation under (b) of this section does not relieve the applicant from any software warranty requirements;

(14) a description of the service technician access security system the applicant has implemented in EISs to be sold in this state; the pages of the application describing the security system shall be marked CONFIDENTIAL and kept separate from the rest of the application;

(15) documentation that demonstrates the ability of the EIS to communicate with the VID and evidence that the EIS can interface for all EIS-VID information interfaces as described in Part 1 of the program manual; and

(16) a statement that the applicant will pay all reasonable costs incurred by the department in excess of $20,000 in its evaluation of the EIS for consistency with the requirements of this chapter and the program manual.

(b) An applicant for certification under this section shall submit two EISs for evaluation by the department or its designee. The applicant will be given the opportunity to correct minor discrepancies without the need for re-evaluation. Upon certification, the applicant shall transfer ownership of the two EISs to the department.

(d) Annual renewal of certification under 18 AAC 52.425 is required. Renewal of certification will be approved upon a determination by the department that the applicant has complied with any software update requirements imposed under this section or Part I of the program manual and with all service and maintenance requirements identified under (a)(7)(A) of this section and has not committed a violation for which the department might take a compliance action as described at 18 AAC 52.110(b) .

(e) Certification of an EIS may be modified, suspended, or revoked under 18 AAC 52.110 if the department determines that the EIS does not fully comply with all portions of the analyzer specifications set out in Part I of the program manual or that the manufacturer has committed a violation for which the department might take compliance action as described at 18 AAC 52.110(b) .

(f) The department will, in its discretion, limit suspension or revocation of the certification for an EIS to future sales of that EIS. EISs in service at the time the department imposes a limited suspension or revocation that do not conform to analyzer and update specifications will be locked out until they are brought into compliance at the discretion of the department. If the department limits the suspension or revocation of an EIS to future sales, the department will notify all certified stations and other representatives of the repair industry that the certification of that EIS has been suspended or revoked for EISs put into service after the date of the suspension or revocation. If problems identified are not corrected within the time specified by the department, the department will, in its discretion, suspend or revoke certification for all EISs affected, including those EISs in service at the time of the initial suspension or revocation.

History: Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152

Authority: AS 44.46.025

AS 46.03.020

AS 46.14.030

AS 46.14.510

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