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§ 24-219 Noise mitigation rules.
   (a)   The commissioner shall adopt rules prescribing noise mitigation strategies, methods, procedures and technology that shall be used where construction is occurring at any location (sites) whenever any one or more of the construction devices or activities listed below are employed or performed:
      (1)   air compressors.
      (2)   pile drivers.
      (3)   sledgehammers.
      (4)   bulldozers.
      (5)   pneumatic hammers.
      (6)   interior renovation as defined in such rules.
      (7)   derricks.
      (8)   cranes.
      (9)   electric powered hoists.
      (10)   off-road construction vehicles other than trucks.
      (11)   pumps.
      (12)   pneumatic tools.
      (13)   blasting.
      (14)   power tools.
      (15)   tunneling machines.
      (16)   construction devices with internal combustion engines.
      (17)   construction devices that emit impulsive sound.
      (18)   construction devices that create vibration.
      (19)   metal plates used in street construction to temporarily cover excavations.
      (20)   any other construction devices or activities specified in such rules.
   (b)   Such rules shall include but shall not be limited to:
      (1)   The use of perimeter fences with acoustical insulation, where appropriate.
      (2)   The use of portable barriers with acoustical insulation, where appropriate.
      (3)   The use of acoustical blanket insulation, where appropriate.
      (4)   Testing of exhaust mufflers and certification, in a form and manner to be specified in the rules, that mufflers meet factory specifications for noise emissions at maximum loading at the commencement of construction at the site.
      (5)   The development of generic noise mitigation plans, where appropriate.
      (6)   Additional mitigation measures for sensitive receptors such as hospitals and schools, where appropriate.
   (c)   The commissioner shall appoint an advisory committee, which shall include, but shall not be limited to, representatives of utility companies and the construction industry, including those industries related to heavy construction, persons with acoustical expertise and/or expertise regarding the health effects of noise, a representative of the city council and employees of the department and of other relevant city agencies. The committee shall provide advice and recommendations to the department relating to construction noise mitigation and shall assist the department in the development of the noise mitigation rules required by this section. The commissioner shall consult with the committee regarding any proposed amendments of such rules. In the development of such rules the commissioner shall consider factors such as the availability, cost and safety of proposed noise mitigation measures.
   (d)   The commissioner shall ensure that all noise mitigation plans submitted in accordance with subdivision (e) of section 24-220 and all approved alternative noise mitigation plans submitted in accordance with section 24-221 to the department after the effective date of the local law that added this subdivision are made publicly available on the city’s website.
(Am. L.L. 2018/010, 12/31/2017, eff. 4/30/2018; Am. L.L. 2018/053, 1/17/2018, eff. 7/16/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/053.