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 December 16, 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.
(E) At the time a manufacturer of an ignition interlock device files its original or renewal application for certification with the director, together with all required documents, the manufacturer shall pay a certification fee of one hundred dollars, in the form of a check or money order, made payable to the treasurer of the state of Ohio. A manufacturer shall pay a separate certification fee with each application for certification filed with the director. The certification fee is non-refundable.
(F) Upon application for renewal of a device certification, the manufacturer shall submit a completed application and all relevant documents in compliance with paragraphs (D)(4)(a) to (D)(4)(f), (E), and (G) of this rule.
(G) In addition to the completed application, and required documents, a manufacturer shall certify by affidavit to the director that the specific ignition interlock device which is the subject of the application for certification complies with divisions (A)(2)(a) to (A)(2)(k) of section 4510.43 of the Revised Code.
(H) The director shall notify a manufacturer by electronic mail, acknowledged receipt, whether certification of the ignition interlock device model or type, that is the subject of the manufacturer's application, is granted or denied.
(I) If a manufacturer of an ignition interlock device, changes any information published on the departments website the manufacturer shall submit "Ohio Ignition Interlock Service Center Application/Removals/Updates" (OTS 0023), if the manufacturer makes any modification(s) to a certified device model or type, the manufacturer shall immediately submit "Ignition Interlock Manufacturer Application for Certification" which includes:
The director shall determine whether the certification in effect at the time of the notice of modification(s) applies to the certified ignition interlock device or if the manufacturer must apply for a separate certification of the modified device. The director shall notify the manufacturer of the decision.
(J) If a manufacturer's product liability insurance coverage for any certified ignition interlock device is modified, canceled, or terminated prior to the expiration date the manufacturer shall provide the director with a copy or new certificate of liability insurance coverage which complies with all requirements set forth in this rule within thirty days :
(K) If a manufacturer of an ignition interlock device allows any time lapse in its product liability insurance coverage, or fails to provide all documents required by paragraphs (D)(3), (H), and (I) of this rule, the director shall suspend or revoke the manufacturer's license and certification(s). The director shall notify the manufacturer of the suspension(s) or revocation(s) by certified mail, return receipt.
(L) The manufacturer is responsible for ensuring that each installer of the manufacturer's ignition interlock device is adequately trained and qualified to install, calibrate, and perform monitoring checks of each ignition interlock device.
(M) No manufacturer or installer shall engage in any conduct involving dishonesty, fraud, deceit, misrepresentation, incompetence or other conduct that may reasonably be interpreted as unethical.
(N) The manufacturer shall maintain a list of all persons who are trained to install, service, monitor, or remove ignition interlock devices.
(O) Manufacturers shall complete an on site review of each installation site prior to becoming operational and at least annually thereafter to ensure that installers are following all applicable laws and rules, and that the installer's operations are consistent with the manufacturer's specifications.
(P) Each installation site shall maintain a professional, clean appearance.
(Q) Under no circumstances will the offender be allowed to watch the installation of the ignition interlock device. Adequate security measures shall be taken to ensure that areas where installations of ignition interlock devices occur shall not be visible to the offender.
(R) The installer shall train the offender on the operation of the device at the time of initial installation.
(S) Unless otherwise specified by the court supervising the offender, the manufacturer or installer shall inspect and monitor each ignition interlock device every thirty days, unless the device is utilizing real-time reporting to the court, in which case the device may be inspected and monitored every sixty days. The offender will be given a seven-day grace period to have the device inspected.
(T) Manufacturers and installers shall ensure that ignition interlock events are reported to the court within two business days of detection, and provide testimony before the court as needed regarding any ignition interlock events. Ignition interlock events include the following:
(U) Manufacturers and installers shall respond to offender requests for technical assistance with the device as soon as practicable.
(V) Manufacturers shall comply with all terms and conditions set forth in department orders or consent agreements.
(W) Any failure to comply with any law or rule involving the licensing and certification of ignition interlock devices or other immobilizing or disabling device that is committed by an installer shall be attributable to the manufacturer.