Ohio Admin. Code 3701-53-05 - Breath instrument checks, controls and certifications
(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
Notes
Promulgated Under: 119.03
Statutory Authority: 3701.143, 4511.19, 1547.11
Rule Amplifies: 4511.19, 1547.11
Prior Effective Dates: 03/01/1968, 03/15/1983 (Emer.), 06/13/1983, 01/01/1987, 05/05/1990, 09/14/1994 (Emer.), 12/12/1994, 01/04/1996 (Emer.), 03/19/1996 (Emer.), 06/13/1996, 07/07/1997, 09/30/2002, 01/08/2009
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