LD 1933
pg. 9
Page 8 of 11 An Act To Maintain Standards for Consumers of Mechanical Services Page 10 of 11
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LR 2854
Item 1

 
If the board upholds the compliance officer's order, it shall
prescribe a time period for the requisite correction specified in
its written decision or the time within which that person must
vacate the building or structure.__The decision must be complied
with, unless appealed as provided.__A person ordered by the board
to correct a deficiency or to vacate a building or structure may
appeal the order to the Superior Court in accordance with Title 5,
chapter 375, subchapter 7 by filing a petition for review within 48
hours of receipt of the order.__The court shall issue its written
decision within 20 days after receipt of the petition for review.

 
3.__Final orders.__The decision of the Superior Court on an
appeal is final.__An order by a state heating, cooling and air
distribution compliance officer and any order by the board are
final and subject to no further appeal upon failure to file a
timely, written appeal as provided in subsection 2.

 
4.__Injunction to enforce order.__Upon the failure of a person
to carry out a final order as provided in subsection 3, the board
may petition the Superior Court for the county in which the
building or premises are located for an injunction to enforce
that order.__If the court determines, upon hearing such a
petition, that a lawful final order was issued, it shall order
compliance.

 
5.__Powers of heating, cooling and air distribution compliance
officers.__Heating, cooling and air distribution compliance
officers have powers throughout the several counties of the
State, similar to those of sheriffs in their respective counties,
relating to enforcement of this chapter and rules adopted under
this chapter.__These powers are limited to the issuing of
citations, the serving of summonses, the conducting of
investigations, the ordering of corrections of violations and the
issuance of orders to vacate a building or structure in
accordance with this chapter.__State heating, cooling and air
distribution compliance officers may review the heating, cooling
and air distribution equipment installation records of any person
licensed under this chapter or any person performing
installations, alterations or repairs as authorized under this
chapter.

 
§15338.__Failure to comply with order of compliance officer

 
If the owner, occupant of any building or an installer
neglects or refuses, without justification, for more than 10 days
to comply with any order of a heating, cooling and air
distribution compliance officer concerning heating, cooling and
air distribution equipment installations, alterations or repairs
as provided by this chapter, that person commits a civil


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