2006 New York Code - Testing By Order Of The Commissioner.

 
    * §   24-206  Testing  by  order  of  the  commissioner.  (a)  If  the
  commissioner has reasonable cause to  believe  that  any  device  is  in
  violation  of  this  code,  the  commissioner may order the owner of the
  device to conduct such tests as are necessary  in  the  opinion  of  the
  commissioner  to  determine  whether  the  device or its operation is in
  violation  of  this  code  and  to  submit  the  test  results  to   the
  commissioner within ten days after the tests are completed.
    (b)  Such  tests  shall  be  conducted  in  a  manner  approved by the
  commissioner. If any part of the test is conducted at a place other than
  the site where the device is located, that part of  the  test  shall  be
  certified   by   a   laboratory  acceptable  to  the  commissioner.  The
  commissioner may require that the entire test results shall be  reviewed
  and certified by a professional engineer.
    (c) The owner shall notify the commissioner of the time and place of a
  test  at  least  seven  days  before  the  commencement  of  such  test.
  Reasonable facilities shall be made available for  the  commissioner  to
  witness the test.
    (d) If in the opinion of the commissioner, tests by the department are
  necessary,  the  commissioner may order the owner to provide such access
  to the device as the commissioner may reasonably request, to  provide  a
  power  source  suitable  to the points of testing, and to provide allied
  facilities, exclusive of sound level meter. These  provisions  shall  be
  made  at  the  expense  of  the  owner of the device. The owner shall be
  furnished with copies of the analytical results of the data collected.
    * NB Effective until July 1, 2007
    * §  24-206  Testing  by  order  of  the  commissioner.  (a)  If   the
  commissioner  has  reasonable  cause  to  believe  that any device is in
  violation of this code, the commissioner may  order  the  owner  of  the
  device  to  conduct  such  tests  as are necessary in the opinion of the
  commissioner to determine whether the device  or  its  operation  is  in
  violation   of  this  code  and  to  submit  the  test  results  to  the
  commissioner within ten days after the tests are completed.
    (b) Such tests  shall  be  conducted  in  a  manner  approved  by  the
  commissioner. If any part of the test is conducted at a place other than
  the  site  where  the  device is located, that part of the test shall be
  certified  by  a  laboratory  acceptable  to   the   commissioner.   The
  commissioner  may require that the entire test results shall be reviewed
  and certified by (i) a professional engineer with acoustical  experience
  as  specified  in the rules of the department or (ii) a noise consultant
  with qualifications of education and/or  acoustical  experience  as  set
  forth in the rules of the department.
    (c) If in the opinion of the commissioner, tests by the department are
  necessary,  the  commissioner may order the owner to provide such access
  to the device as the commissioner may reasonably request, to  provide  a
  power  source  suitable  to the points of testing, and to provide allied
  facilities, exclusive of sound level meter. These  provisions  shall  be
  made  at  the  expense  of  the  owner of the device. The owner shall be
  furnished with copies of the analytical results of the data collected.
    (d) If after the analysis of such testing, it  is  determined  by  the
  commissioner  that  such  device  or  devices generate sound levels that
  exceed  the  limits  of   this   code,   the   commissioner   may   make
  recommendations  for  modifications  and/or mitigation measures to bring
  such device or devices into compliance.
    (e) The commissioner may issue a  separate  notice  of  violation  for
  every   24-hour   period   of  noncompliance  with  the  orders  of  the
  commissioner issued pursuant to this section.
    * NB Effective July 1, 2007