105 CMR, § 675.019 - Orders

(A) Correction Orders. Whenever the levels of carbon monoxide or nitrogen dioxide in an indoor ice rink are found, by the taking of one or more air samples by the operator or the board or its authorized agent, to exceed notification air levels, or in other circumstances in which the board or its agent reasonably believes it necessary to protect the health of employees or users of the rink or visitors to the rink, the board or its agent may order the operator to take one or more reasonable corrective measures to reduce the levels of carbon monoxide or nitrogen dioxide in the rink. In issuing such order, the board and its agents shall, whenever possible, require the operator to implement the least expensive and simplest corrective measures of the available alternatives which the board or its agent consider effective to ensure that air levels will return to and stay below corrective air levels. All orders issued under 105 CMR 675.019(A) shall allow a reasonable time for correction. The order shall be in writing and shall state that the required correction(s) must be made within the time specified by the board and shall advise the operator that if he objects to the order, he must file with the board a written request for a hearing no later than the compliance date specified in the order. The local board of health shall forward copies of correction orders to the local fire department as soon as possible.

(B) Form for Orders. Orders shall be in writing and shall be issued on forms provided by the Bureau or on a form prepared by the board and approved by the Bureau. Orders shall be signed by the board or its authorized agent.

(C) Service of Orders. All orders shall be served on the owner or operator of the indoor skating rink as follows:

(1) By sending him a copy of the order by registered or certified mail, return receipt requested; or

(2) Personally, by any person authorized to serve civil process; or

(3) If, and only if, the aforementioned methods of service are unsuccessful, service may be made, by any person authorized to serve civil process, by leaving a copy of the order with some responsible person at the indoor skating rink.

Notes

105 CMR, § 675.019