Part 5 — Orders, Appeals
52 Council considers appeal
(a) it may, at the direction of th e chair of the Board of Directors
or in accordance with the Council's bylaws, sit in one or
more divisions, and the divisions may sit simultaneously or
at different times;
(b) 3 members constitute a quorum of a division of the Council;
(c) an order of a division is an order of the Council and binds
all members of the Council;
(d) evidence may be given before the Council in any manner the
Council considers appropriate and the Council is not bound
by the rules of law respecting evidence applicable to judicial
proceedings.
(2) The Council may by order
(a) confirm, revoke or vary an order, suspension or cancellation
appealed to it and as a term of its order may issue a written
variance with respect to any thing, process or activity related
to the subject-matter of the order if in its opinion the
variance provides approximately equivalent or greater safety
performance with respect to persons and property as that
provided for by this Act,
(b) confirm a refusal or direct that a designation, certificate or
permit be issued and direct the inclusion of terms and
conditions in the designation, certificate or permit,
(b.1) confirm the refusal by a safety codes officer to issue a
written variance or revoke the refusal by a safety codes
officer to issue a written variance and issue a written
variance on the terms and conditions that the Council
considers appropriate, or
(c) confirm a deregistration of a design, confirm a refusal to
register a design or direct that a design be submitted for
RSA 2000
review or be registered and that changes be made to the
design before it is submitted for review or is registered.
(3) The Council may include terms and conditions in a variance
and shall, on issuing a variance, notify an Administrator.
(4) The Regulations Act does not apply to a variance issued under
this section.
(5) The Council shall serve a copy of its order on the appellant and
the Administrator and on the accredited municipality, the
accredited regional services commission, the Authority and the
safety codes officer if they were sent a copy of the notice of appeal.
RSA 2000 cS-1 s52;2015 c10 s26