4-228-285 Rebuilding of automatic transmissions.

   The following minimum requirements specifying accepted trade standards for good and workmanlike rebuilding of automatic transmissions are intended to define terms that have caused confusion to the public and unfair competition within the automotive repair industry. These minimum requirements shall not be used to promote the sale of "rebuilt" automatic transmissions when a less extensive and/or costly repair is desired by the customer. Any automotive repair shop which represents to customers that the following provisions require the rebuilding of automatic transmissions is subject to the sanctions prescribed in Section 4-228-415 of this chapter.

   All motor vehicle repair shops engaged in the repair, sale and installation of automatic transmissions in vehicles covered under this chapter shall be subject to the following minimum requirements:

      (1)   Before an automatic transmission is removed from a motor vehicle for purposes of repair or rebuilding, it shall be inspected. Such inspection shall determine whether or not the replacement or adjustment of any external part or parts will correct the specific malfunction of the automatic transmission, or if the transmission modules are malfunctioning. A pressure test must also be performed before the transmission is removed from the vehicle. If minor service and/or replacement or adjustment of any external part or parts and/or of companion units can reasonably be expected to correct the specific malfunction of the automatic transmission, then prior to removal of the automatic transmission from the vehicle, the customer shall be informed of that fact as required by Section 4-228-250 of this chapter.

      (2)   When the word "exchange" is used with any of the following expressions, it shall mean that the automatic transmission is not the customer's unit that was moved from the customer's vehicle. An automatic transmission shall be described by a word such as "rebuilt", "remanufactured", "reconditioned" or "overhauled", and by any expression of like meaning, only if the following work has been done since the transmission was last used:

         (a)   all internal and external parts, including case and housing, have been thoroughly cleaned and inspected;

         (b)   the valve body has been disassembled and thoroughly cleaned and inspected;

         (c)   all front and intermediate bands have been replaced with new or relined bands;

         (d)   all the following parts have been replaced with new parts:

            lined friction plates;

            internal and external seals;

            metal sealing rings that are used in rotating applications;

            gaskets;

            organic media disposable-type filters (if the transmission is so equipped);

         (e)   all impaired, defective or substantially worn parts not mentioned above have been restored to a sound condition or replaced with new, rebuilt or unimpaired parts. All measuring and adjusting of such parts have been performed as necessary.

      (3)   The torque converter is considered to be a part of the automatic transmission and shall be examined, cleaned and made serviceable before the rebuilt transmission is installed. If the torque converter cannot be restored to a serviceable condition, then the customer shall be so informed. With the customer's authorization, the converter shall be replaced with a new, rebuilt or unimpaired used torque converter.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-16-97, p. 42621; Amend Coun. J. 5-9-12, p. 27485, § 106)

Editor's note – Coun. J. 5-9-12, p. 27485, § 106, renumbered former § 4-228-130 as this § 4-228-285.

4-228-290 Use of trade names.

   No licensee under this chapter shall use or permit to be used more than one trade name at a single location.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 711)

4-228-295 Notification of disciplinary action to mechanics.

   If a licensee under this chapter is notified by the commissioner to appear at a disciplinary hearing, or the commissioner issues or obtains an order or judgement directed at or against such licensee, or such licensee's license under this chapter is suspended or revoked by the commissioner, such licensee shall notify, in writing, all of the motor vehicle mechanics employed by such licensee at the applicable licensed facility of such fact(s).

(Added Coun. J. 5-9-12, p. 27485, § 106)

4-228-296 Hazardous materials – Duties – Prohibited acts.

   (a)   It shall be unlawful for any person licensed or required to be licensed under this chapter to fail to comply with the requirements of Section 11-4-1200 of this Code, if applicable. In addition to any other penalty provided by law, a single violation of this subsection (a) may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code.

   (b)   (1)   Each person licensed or required to be licensed under this chapter shall keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the motor vehicle repair shop, if such chemical is present at the shop in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq., as amended. In addition to any other penalty provided by law, a single violation of this subsection may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code.

      (2)   Upon request, the records required under subsection (b)(1) of this section shall be made available for inspection, during regular business hours or in case of emergency, by any city official charged with responsibility for enforcing this chapter.

   (c)   The commissioner of health, the fire commissioner, the executive director of emergency management and communications, the commissioner of business affairs and consumer protection and their respective designees are authorized: (1) to inspect, at reasonable hours or in case of an emergency, any motor vehicle repair shop licensed or required to be licensed under this chapter for the purpose of determining compliance with the requirements of this section; (2) to examine the applicable books and records of any person licensed or required to be licensed under this chapter in order to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of the shop under Section 11-4-1200; and (3) to enforce the requirements of this chapter.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 118)

Editor's note – Coun. J. 11-8-12, p. 38872, § 118, renumbered former § 4-228-300 as this § 4-228-296. 

4-228-300 Reserved.

Editor's note – Coun. J. 11-8-12, p. 38872, § 118, renumbered § 4-228-300 as § 4-228-296.

ARTICLE III. TIRE FACILITIES (4-228-305 et seq.)

4-228-305 Tire Facilities – Standards.

   (a)   Requirements. Every licensee under this chapter that is a tire facility, as defined in Section 4-228-010, shall adhere to the following requirements:

      (1)   Tire facilities located within a structure shall adhere to the following requirements:

         (i)   Every building which houses a tire facility is hereby classified as a Group S occupancy pursuant to Section 14B-3-311 of the Municipal Code. All structures in which tire facilities are located shall be subject to the height and area limitations of Chapter 14B-5 of this Code;

         (ii)   Facilities where tires are stored below grade shall comply with Section 15-16-030(b) of the Municipal Code;

         (iii)   Smoking shall be prohibited in any room or other enclosure where tires are stored or disposed of and appropriate signs indicating the prohibition shall be posted;

         (iv)   The interior of all structures used for tire storage shall be secured against unauthorized access;

         (v)   All tires shall be stored no less than ten feet from any heat producing appliance;

         (vi)   Tires shall be stacked on a level surface, with no less than three feet in clearance from the top of stackage to any sprinkler, fixtures, structural support, ceiling or roof. Aisles shall be no less than four feet wide. Except for tire storage on metal racks approved under N.F.P.A. Standard 231D. Storage of Rubber Tires, tires shall be stacked in piles no longer than 25 feet and no wider than ten feet.

      (2)   Tire facilities located on any open site shall adhere to the following requirements:

         (i)   Tires shall be stacked, in an orderly manner, in piles not to exceed 25 feet in height;

         (ii)   Individual piles shall be separated by a distance of ten feet. No pile shall be closer than four feet to any building. No pile covering a total ground area greater than 100 square feet shall be located closer than 25 feet to a lot line, unless in the determination of the commissioner or his designee a greater or lesser setback is required or sufficient for fire prevention purposes. A greater or lesser setback may be imposed by regulation in accordance with the Section 4-228-410 herein;

         (iii)   Each such facility shall be enclosed by a noncombustible fence, six feet high with not less than two gates, unless bounded by a cement abutment, river, or other body of water. The area around or within the tire piles shall be kept free of rubbish, weeds, grass, or other growth. No oil or other flammable liquid shall be permitted to accumulate on the area around or within the piles. No flame cutting or welding operation shall be conducted within 25 feet of any pile of tires.

   (b)   Exceptions. The requirements of subsections (2)(i), (ii) and (iii) herein shall not apply to the legal disposal of tires at a state or city permitted landfill.

   (c)   Penalty for violation. In addition to any other penalty provided by law, any person who violates any requirements of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $500.00 and not more than $2,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. Repeated violations of this section or of any rule and regulation promulgated hereunder shall be grounds for injunctive relief.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 119; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 49)