§ 8A-161.34. Items required for motor vehicle body repair facilities and motor vehicle paint facilities.

(a)

In addition to all other requirements of this article, each motor vehicle body repair facility and each motor vehicle paint facility shall have the following:

(i)

Proof of garage liability insurance in an amount not less than fifty thousand dollars ($50,000.00), combined single limit, and garage-keepers legal liability insurance. Upon the expiration of any garage liability insurance or garage-keepers legal liability insurance policy, each motor vehicle body repair facility and each motor vehicle paint facility shall provide the Director proof of garage liability insurance and garage-keepers legal liability insurance in the form of current certificates of insurance.

(ii)

A complete set of current printed or electronic crash manuals for repair work performed by the motor vehicle body repair facility or motor vehicle paint facility.

(iii)

Evidence of active management participation in the operation of the motor vehicle body repair facility or motor vehicle paint facility in such form as required by the Director.

(iv)

Guarantees for workmanship of repair work, including paint and material, if any, which shall be prominently displayed to the public on the premises, and shall state the mileage or time periods for which the guarantees are effective.

(b)

In addition to all other requirements of this article, each motor vehicle body repair facility and each motor vehicle paint facility shall possess the specialized equipment identified in the list of motor vehicle repair specialized equipment established by implementing order, and all such equipment shall be operable.

(c)

Notwithstanding the foregoing, each motor vehicle body repair facility and motor vehicle paint facility which holds itself out as providing specified repair services and does not itself possess the specialized equipment requirements of this section, may be deemed to comply, provided:

(i)

The motor vehicle body repair facility and motor vehicle paint facility has disclosed on its application that it subcontracts with a motor vehicle repair shop and the subcontracted motor vehicle repair shop maintains such specialized equipment in good and working order and has received a motor vehicle repair registration from the Director; and

(ii)

The motor vehicle body repair facility and motor vehicle paint facility obtains from the customer, regardless of whether the customer leaves the motor vehicle at the facility during hours when the shop is not open or if the customer permits the shop or another person to deliver the motor vehicle to the facility, prior to the commencement of the repair work, a signed acknowledgment related specifically to the category of repairs to be subcontracted and which discloses the following language in no less than ten-point bold face type:

"This shop does not have certain specialized equipment required for (describe the type of repair work). Repairs of this type will be subcontracted to another motor vehicle repair shop identified as (state the registration number)."

(d)

Notwithstanding the foregoing, each motor vehicle body repair facility or motor vehicle paint facility which employs at least one certified painting and refinishing technician, or one non-structural analysis and damage repair technician, or one structural analysis and damage repair technician, and holds itself out as providing specified repair services, but does not have in its employ at least one certified technician in all three of the abovementioned categories, may be deemed to comply, provided:

(i)

The motor vehicle body repair facility or motor vehicle paint facility has disclosed on its application that it subcontracts with another facility and the subcontracted facility employs at least one certified painting and refinishing technician, or one non-structural analysis and damage repair technician, or one structural analysis and damage repair technician, and has received a motor vehicle repair registration from the Director; and

(ii)

The motor vehicle body repair facility or motor vehicle paint facility obtains from the customer, regardless of whether the customer leaves the motor vehicle at the facility during hours when the shop is not open or if the customer permits the shop or another person to deliver the motor vehicle to the facility, prior to the commencement of the repair work, a signed acknowledgment related specifically to the category of repairs to be subcontracted and which discloses the following language in no less than ten-point bold face type:

"This shop does not have a certified painting and refinishing technician in its employ for (describe the type of repair work). Repairs of this type will be subcontracted to another motor vehicle repair shop identified as (state the registration number)"; or

"This shop does not have a certified structural analysis and damage repair technician in its employ for (describe the type of repair work). Repairs of this type will be subcontracted to another motor vehicle repair shop identified as (state the registration number)"; or

"This shop does not have a certified non-structural analysis and damage repair technician in its employ for (describe the type of repair work). Repairs of this type will be subcontracted to another motor vehicle repair shop identified as (state the registration number)."

(Ord. No. 92-38, § 2, 5-19-92; Ord. No. 97-69, § 2, 6-2-97; Ord. No. 15-13, § 3, 3-3-15)