Part 5 — Orders, Appeals
49 Order
officer believes, on reasonable and probable grounds, that
(a) this Act is contravened, or
(b) the design, construction, manufacture, operation,
maintenance, use or relocation of a thing or the condition of
a thing, process or activity to which this Act applies is such
that there is danger of serious injury or damage to a person
or property.
(2) An order may be issued to a person who provides services that
are the subject-matter of the order or to the owner, occupier,
vendor, contractor, manufacturer or designer of the thing or to the
person who authorizes, undertakes or supervises the process or
activity that is the subject-matter of the order, or may be issued to
any 2 or more of them.
(3) An order
(a) shall set out what a person is required to do or to stop doing
in respect of the thing, process or activity and a reasonable
time within which it must be done or stopped;
RSA 2000
(b) may direct a method of work, construction, manufacturing,
operation, maintenance, use or relocation that must be
followed;
(c) may direct that the use of the thing, process or activity be
stopped in whole or in part in accordance with the order;
(d) may direct that a design be altered;
(e) may direct that an altered design be submitted to an
Administrator for review or for registration;
(f) may direct compliance with this Act, a permit, a certificate
or a variance;
(g) shall meet the requirements of the regulations on format and
contents.
(4) On issuing an order, the safety codes officer shall serve a copy
on the person to whom it is issued in accordance with the
regulations and send a copy of it to an Administrator in a form and
within the time satisfactory to the Administrator.
(5) A person who is served with an order under subsection (4)
may, within 14 days after being served, submit a written request to
the Administrator for a review of the order.
(6) If an Administrator receives a request, in accordance with
subsection (5), from a person on whom an order is served and if the
Administrator considers that the order
(a) is improper, imprac tical or unreasonable,
(b) contains incorrect references or typographical errors, or
(c) does not correct or satisfy concerns about safety,
the Administrator may, by order, revoke or vary the original order
within 21 days from when the original order was served.
(7) If an Administrator issues an order under subsection (6), the
Administrator shall serve it, in accordance with the regulations, on
all the persons on whom the original order was served and on the
safety codes officer who issued the original order.
1991 cS-0.5 s45;1999 c26 s23