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(a) No person shall operate or permit operation of any mechanical stationary source in such a manner as to generate sound having a sound pressure level greater than 55 dB(A) when measured from a distance of 100 feet or more from the source, or 70 dB(A) when measured from a distance of 10 feet or more from the source. The place of measurement shall be from the nearest adjacent public way, or nearest adjacent property, whichever is closer to the source.
(b) The limitation contained in this section shall apply from 8:00 p.m. to 8:00 a.m., unless the mechanical stationary source is subject to other operating hours pursuant to a permit or other written authorization issued by the department of health.
(c) The commissioner of health shall have authority to enforce the provisions of this section.
(d) The commissioner of health is authorized to promulgate rules and regulations to enforce the provisions of this section, including regulations specifying uniform noise mitigation procedures for air handling units and refrigeration units. Any properly maintained equipment that complies with procedures adopted under this subsection shall be deemed to be in compliance with subsection (a) of this section.
(e) The limits set in subsection (a) of this section do not apply to sounds generated by a generator employed to provide emergency electrical power.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)