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(a) Maximum allowable noise levels for construction.
(1) A person must not cause or permit noise levels from construction activity that exceed the following levels:
(A) From 7 a.m. to 5 p.m. weekdays:
(i) 75 dBA if the Department has not approved a noise-suppression plan for the activity; or
(ii) 85 dBA if the Department has approved a noise-suppression plan for the activity.
(B) The level specified in Section 31B-5 at all other times.
(2) Construction noise levels must be measured at the location, at least 50 feet from the source, on a receiving property where noise from the source is greatest.
(3) The Department must by regulation establish requirements for noise-suppression plans and adopt procedures for evaluating and approving plans. The regulations must provide that, at least 10 days before approving a noise-suppression plan, the Director must provide public notice reasonably calculated to reach at least a majority of households that might be affected by the construction activity noise levels above 75 dBA.
(b) Construction noise disturbance. The prohibition on noise disturbance in Section 31B- 5(b) applies to construction activities, notwithstanding subsection (a).
(c) Examples. The following examples illustrate common construction noise-producing acts that violate this section if they exceed the noise level standards set in subsection (a) or create a noise disturbance. The examples are illustrative only and do not limit or expand the construction noise level or noise disturbance standards of this section:
(1) Delivering materials or equipment, or loading or unloading during nighttime hours in a residential noise area.
(2) Operating construction equipment with audible back-up warning devices during nighttime hours. (1996 L.M.C., ch. 32, § 1.)