2006 New York Code - Testing Before Granting Or Renewing Of Operating Certificates; Testing Before Granting Of Tunneling Permits.

 
    §   24-249   Testing   before   granting   or  renewing  of  operating
  certificates; testing before granting of tunneling permits. (a) Before a
  tunneling permit is  granted  or  before  an  operating  certificate  is
  granted  or  renewed,  the  commissioner  may  require  the applicant to
  conduct such tests as are necessary in the opinion of  the  commissioner
  to  determine the sound level emitted from a device or an activity or to
  determine whether  the  device  or  its  operation  or  an  activity  is
  contributing to, or is in violation of this code. The test shall be made
  at the expense of the applicant.
    (b)  Such  test shall be conducted, reviewed and certified as provided
  by subdivision (b) of section 24-206 of this code. The  applicant  shall
  notify  the  department  of  the time and place of a test as provided by
  subdivision (c) of section 24-206 of this  code.  Reasonable  facilities
  shall  be  made  available for the department to witness the test. If in
  the opinion of the commissioner tests by the department  are  necessary,
  the facilities for such tests, exclusive of sound level meters, shall be
  furnished  by  and  at  the expense of the owner or lessee or his or her
  agent as provided by subdivision (d) of section 24-206 of this code.