Current through all regulations passed and filed through March 18, 2024
(A)
For instruments listed under paragraphs (A)(1) and
(A)(2) of rule
3701-53-03 of the Administrative
Code:
(1)
A
senior operator shall perform an instrument check no less frequently than once
every seven days in accordance with the appropriate instrument checklist for
the instrument being used. The instrument check may be performed anytime up to
one hundred ninety-two hours after the last instrument check.
(2)
The instrument
shall be checked to detect radio frequency interference (RFI) using a hand-held
radio normally used by the law enforcement agency performing the instrument
check. The RFI detector check is valid when the evidential breath testing
instrument detects RFI or aborts a subject test. If the RFI detector check is
not valid, the instrument shall not be used until the instrument is
serviced.
(3)
An instrument shall be checked using a solution
containing ethyl alcohol approved by the director. An instrument check result
is valid when the result of the instrument check is at or within five
one-thousandths (0.005) grams per two hundred ten
liters of the target value for that approved solution. Instruments with check
results outside the range specified in this paragraph will require the issue to
be identified, remediated and a successful check completed. If a second
instrument check result is also out of range, the instrument shall not be used
until the instrument is serviced or repaired.
(B)
For the
instrument listed under paragraph (A)(3) of rule
3701-53-03 of the Administrative
Code:
(1)
The
instrument shall perform a dry gas control using a dry gas standard traceable
to the national institute of standards and technology (NIST) before and after
every subject test.
(2)
A subject test shall include the collection of two
breath samples. A dry gas control is not required between the two breath
samples.
(3)
Dry gas control results are valid when the results are
at or within five one-thousandths (0.005) grams
per two hundred ten liters of the alcohol concentration on the manufacturer's
certificate of analysis for that dry gas standard.
(4)
A dry gas control
result which is outside the range specified in paragraph (B)(3) of this rule
will abort the subject test or instrument certification in
progress.
(5)
A representative of the director will perform an
instrument certification according to the instrument display using a solution
containing ethyl alcohol approved by the director. A dry gas control using a
dry gas standard traceable to the national institute of standards and
technology (NIST) shall also be used when a certification is performed. An
instrument in service shall be certified no less frequently than once every
calendar year or when the dry gas standard on the instrument is replaced,
whichever comes first. A calendar year means the period of twelve consecutive
months, as indicated in section
1.44 of the Revised Code,
beginning on the first day of January, and ending on the thirty-first day of
December. Instrument certifications are valid when the certification results
are at or within five one-thousandths (0.005) grams
per two hundred ten liters of the target value for that approved solution.
Instruments with certification results outside the range specified in this
paragraph will require the issue to be remediated and a successful
certification completed, or the instrument be removed from service until the
instrument is serviced or repaired.
(C)
For the
instrument listed under paragraph (A)(4) of rule
3701-53-03 of the Administrative
Code:
(1)
The
instrument shall perform a dry gas control using a dry gas standard traceable
to the national institute of standards and technology (NIST) before and after
every subject test.
(2)
A subject test includes the collection of two breath
samples. A dry gas control is not required between the two breath
samples.
(3)
Dry gas control results are valid when the results are
at or within five one-thousandths (0.005) grams
per two hundred ten liters of the target alcohol concentration on the
manufacturer's certificate of analysis for that dry gas standard, adjusted for
atmospheric pressure at the time of the test, as indicated on the subject test
report.
(4)
A dry gas control result which is outside the range
specified on the test report will abort the subject test or instrument
certification in progress.
(5)
Senior operators
shall perform an instrument certification according to the instrument display
using a solution containing ethyl alcohol approved by the director. A dry gas
control using a dry gas standard traceable to the national institute of
standards and technology (NIST) shall also be used when a certification is
performed. An instrument in service shall be certified no less frequently than
once every three hundred sixty-five days or when the dry gas standard on the
instrument is replaced, whichever comes first. Instrument certifications are
valid when the certification results are at or within five one-thousandths
(0.005) grams per two hundred ten
liters of the target value for that approved solution. Instruments with
certification results outside the range specified in this paragraph will
require the issue to be remediated and a successful certification completed, or
the instrument to be removed from service until the instrument is serviced or
repaired.
(6)
Instruments may be networked by law enforcement
agencies if the software is purchased from the instrument
manufacturer.
(D)
For the instrument listed under paragraph (A)(5) of
rule 3701-53-03 of the Administrative
Code:
(1)
The
instrument shall perform a dry gas control using a dry gas standard traceable
to the national institute of standards and technology (NIST) before and after
every subject test
(2)
A subject test includes the collection of two breath
samples. A dry gas control is not required between the two breath
samples.
(3)
Dry gas control results are valid when the results are
at or within five one-thousandths (0.005) grams
per two hundred ten liters of the alcohol concentration on the manufacturer's
certificate of analysis for that dry gas standard.
(4)
A dry gas control
result which is outside the range specified in paragraph (D)(3) of this rule
will abort the subject test or instrument certification in
progress.
(5)
Senior operators shall perform an instrument
certification according to the instrument display using a solution containing
ethyl alcohol approved by the director. A dry gas control using a dry gas
standard traceable to the national institute of standards and technology (NIST)
shall also be used when a certification is performed. An instrument in service
shall be certified no less frequently than once every three hundred sixty-five
days or when the dry gas standard on the instrument is replaced, whichever
comes first. Instrument certifications are valid when the certification results
are at or within five one-thousandths (0.005) grams
per two hundred ten liters of the target value for that approved solution.
Instruments with certification results outside the range specified in this
paragraph will require the issue to be remediated and a successful
certification completed, or the instrument be removed from service until the
instrument is serviced or repaired.
(6)
Instruments may
be networked by law enforcement agencies if the software is purchased from the
instrument manufacturer.
(E)
An instrument
check or certification shall be made in accordance with this rule before a new
evidential breath testing instrument is placed in service or before an
instrument is placed into service following repairs.
(F)
A bottle of
solution containing ethyl alcohol approved by the director shall not be used
more than three months after its date of first use, or after the manufacturer's
expiration date on the approved solution certificate, whichever comes first.
After first use, a bottle of approved solution shall be kept under
refrigeration when not being used. The approved solution bottle shall be
retained for reference until that bottle of approved solution is
discarded.
(G)
Representatives of the director, senior operators, or
persons employed by law enforcement agencies who have successfully completed an
instrument operation, calibration, maintenance, and repair course conducted by
the manufacturer of an approved breath alcohol test instrument may perform such
repairs, maintenance, and calibration as covered by the relevant training for
that instrument. Records of calibration will be retained for not less than
three years from the date performed. Other retention periods will be in
accordance with paragraph (B) of rule
3701-53-01 of the Administrative
Code.
Replaces: 3701-53-05