Court Opinions

State Laws

US Code

US Constitution

New York New York City Administrative Code(new) - Subchap. 2 - § 24-206 Testing by Order of the Commissioner

Legal Research Home > New York Laws > New York New York City Administrative Code(new) (ADC) > New York New York City Administrative Code(new) - Subchap. 2 - § 24-206 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 (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.

Last modified: February 18, 2012