Section 24-206. Testing by order of the commissioner  


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  • (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.