9.70.140 Testing commercial devices.
A. When not otherwise provided by law, the sealer shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered or exposed for sale. It shall be the duty of the sealer, within a twelve-month period or as often as deemed necessary, to inspect and test, to ascertain if they are correct, a sufficient number of weights and measures used as follows:
1. In determining the weight, measurement or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or of count; or
2. In computing the basic charge or payment for services rendered on the basis of weight, measure or of count; provided, that with respect to single-service devices, that is, devices designed to be used commercially only once and to be then discarded, and with respect to devices uniformly mass produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of such devices; and the lots of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspection and tests on such samples.
B. Charges will be established by regulation for weights and measures inspections requested by the owner and the fee shall be paid to the city treasurer who shall issue a receipt therefor, which receipt shall be exhibited to the sealer or deputy sealer upon request.
C. Assistance in Testing Operations. If the design, construction, or location of any device is such as to require a testing procedure involving special equipment or accessories or an abnormal amount of labor, such equipment, accessories, and/or labor shall be supplied by the owner or operator of the device as required by the weights and measures official.
D. In addition to any requirement specified in NIST Handbook #44, any weighing or measuring device receiving an initial inspection by a weights and measures official or a device placed back into use following service or repair shall have acceptance tolerance applied.
E. Heavy Capacity Scale Inspection. Owners or users of scales having a capacity greater than one ton shall have these devices tested at the users expense, once a year or as otherwise directed by the sealer. The test shall be conducted by a scale or service agency with the sealer in attendance to certify the test. (Ord. 2114-95 § 10, 1995.)