Section 24-249. Testing before granting or renewing of operating certificates; testing before granting of tunneling permits  


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  • (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.