§ 28-109 Definitions.

For the purpose of this chapter, the meaning of terms shall be as follows (unless the context specifically indicates otherwise):

   ASTM. "ASTM" shall mean ASTM International, the international standards organization.

   Canted Panel. "Canted Panel" shall mean a tilted panel of noise mitigation material that extends a noise barrier to protect upper floor receptors from noise sources.

   Insertion Loss. "Insertion Loss" shall mean the reduction in noise level at the receptor's location attributable to the introduction of a noise barrier, muffler, or other mitigation measure.

   Jersey Bases. "Jersey Bases," also known as concrete traffic dividers or jersey barriers, shall mean movable concrete bases used in construction that can accommodate fencing poles to which noise curtain material can be attached.

   Noise absorptive quilt. "Noise absorptive quilt" shall mean padded light-weight porous material sewn together into a quilt-like pattern and then attached to one side of a vinyl sheet.

   Noise Barrier. "Noise Barrier" shall mean a structure used for the purpose of placing near a noise source to reduce the noise level measurable at a receptor location. This can consist of noise resistant materials such as plywood, timbers, trailer containers, or noise curtains.

   Noise curtain. "Noise curtain" shall mean noise control product comprised of (typically) 1/4-inch thick vinyl sheet, to act as a noise resistant material, with some noise absorptive quilt material attached on one side of the vinyl as well.

   Noise Pathway Controls. "Noise Pathway Controls" shall mean noise mitigation techniques placed between the source of noise and the receptor.

   Noise-resistant material. "Noise-resistant material" shall mean material that has sufficient mass and stiffness to resist noise from transmitting through the material.

   Receptor. "Receptor," also known as receiving property, shall mean real property, including but not limited to buildings, grounds, offices and dwelling units, from which sound levels from sound sources outside such property may be measured.

   Responsible party. "Responsible party" shall mean, with respect to any activity regulated or covered by these rules, the owner of the premises on or where such activity occurs, and any agent of the owner engaged in such activity or any participant in such activity, including contractors and subcontractors. Any agency of the City of New York may also be a responsible party.

   Sound Transmission Class (STC). The "Sound Transmission Class", or "STC rating", shall mean a single index number used to describe a solid panel or material's ability to prevent noise from transferring directly through it. Determination of a material's STC is done in accordance with ASTM Test Method E 90.

(Amended City Record 3/15/2017, eff. 4/14/2017)

§ 28-109 Appendix – Federal Highway Administration Roadway Construction Noise Model User's Guide, Jan. 2006.

CA/T Equipment 50 ft Noise Emission Reference Levels and Usage Factors – All noise levels expressed in A-weighted decibels with RMS "slow" time constant
 

Label ID	Equipment Description	Impact Device?	Usage Factor (%)	Spec 721.560 Lmax @ 50 ft (dBA, slow)	Actual Measured Lmax @ 50 ft (dBA, slow)
A	All Other Equipment > 5 HP	No	50	85	n/a
B	Auger Drill Rig	No	20	85	84
C	Backhoe	No	40	80	78
D	Bar Bender	No	20	80	80
E	Blasting	Yes	N/A	94	n/a
F	Boring Jack Power Unit	No	50	80	83
G	Chain Saw	No	20	85	84
H	Clam Shovel (dropping)	Yes	20	93	87
I	Compactor (ground)	No	20	80	83
J	Compressor (air)	No	40	80	78
K	Concrete Batch Plant	No	15	83	83
L	Concrete Mixer Truck	No	40	85	79
M	Concrete Pump Truck	No	20	82	81
N	Concrete Saw	No	20	90	90
O	Crane	No	16	85	81
P	Dozer	No	40	85	82
Q	Drill Rig Truck	No	20	84	79
R	Drum Mixer	No	50	80	80
S	Dump Truck	No	40	84	76
T	Excavator	No	40	85	81
U	Flat Bed Truck	No	40	84	74
V	Front End Loader	No	40	80	79
W	Generator	No	50	82	81
X	Generator (<25KVA, VMS signs)	No	50	70	73
Y	Gradall	No	40	85	83
Z	Grader	No	40	85	85
AA	Grapple (on backhoe)	No	40	85	87
AB	Horizontal Boring Hydr. Jack	No	25	80	82
AC	Hydra Break Ram	Yes	10	90	90
AD	Impact Pile Driver	Yes	20	95	101
AE	Jackhammer	Yes	20	85	89
AF	Man Lift	No	20	85	75
AG	Mounted Impact Hammer (hoe ram)	Yes	20	90	90
AH	Pavement Scarafier	No	20	85	90
AI	Paver	No	50	85	77
AJ	Pickup Truck	No	40	55	75
AK	Pneumatic Tools	No	50	85	85
AL	Pumps	No	50	77	81
AM	Refrigerator Unit	No	100	82	73
AN	Rivet Buster/chipping gun	Yes	20	85	79
AO	Rock Drill	No	20	85	81
AP	Roller	No	20	85	80
AQ	Sand Blasting	No	20	85	96
AR	Scraper	No	40	85	84
AS	Shears (on backhoe)	No	40	85	96
AT	Slurry Plant	No	100	78	78
AU	Slurry Trenching Machine	No	50	82	80
AV	Soil Mix Drill Rig	No	50	80	80
AW	Tractor	No	40	84	84
AX	Vacuum Excavator (Vac-truck)	No	40	85	85
AY	Vacuum Street Sweeper	No	10	80	82
AZ	Ventilation Fan	No	100	85	79
BA	Vibrating Hopper	No	50	85	87
BB	Vibratory Concrete Mixer	No	20	80	80
BC	Vibratory Pile Driver	No	20	95	101
BD	Warning Horn	No	5	85	83
BE	Water Jet deleading	No	20	85	92
BF	Welder/Torch	No	40	73	74

 

§ 28-110 Interior Renovation Work Noise Measures.

Pursuant to Administrative Code § 24-219(a)(6), the responsible party performing interior renovation work, defined as work within an existing building, must utilize noise mitigation strategies and techniques to reduce noise from such interior renovation work. Construction activities that have a minimal noise impact as set forth in 15 RCNY § 30-102 shall not be required to utilize the interior renovation work noise measures set forth below provided such activities do not exceed the decibel levels set forth in § 24-228 of the New York City Noise Control Code. The form for the Interior Noise Mitigation Plan is available at http://www.nyc.gov/html/dep/html/noise/construction-noise.shtml and shall be filed and kept on site.

   a.   General Rules of Operation. It shall be unlawful to engage in or to cause or permit any person to engage in interior renovation work other than on weekdays between the hours of 7:00 a.m. and 6:00 p.m. A person may however perform interior renovation work in connection with the alteration or repair of an existing one or two family owner-occupied dwelling classified in occupancy group J-3 or a convent or rectory on Saturdays and Sundays between the hours of 10:00 a.m. and 4:00 p.m. provided that such dwelling is located more than 300 feet from a house of worship.

   b.   Source and Pathway Controls. Build sound barriers around noisy tool tasks as per below.

      1.   Noise Barriers. 

         A.   Acceptable examples include but are not limited to:

            • Carsonite Sound Barrier www.carsonite.com
            • Sound Fighter LSE Sound Barrier www.soundfighter.com
            • Kinetics Noise Block www.kineticsnoise.com
            • one inch plywood rated at 30 STC

         B.   Place noise curtains on the walls of rooms where noisy operations are being performed. Acceptable examples include but are not limited to:

            • Sound Seal BBC-13-2 www.soundseal.com
            • Illbruck Acoustic SONEX Curtain www.illbruck-sonex.com
            • McGill AirSilence Fibersorb Curtains www.mcgillairsilence.com
            • Acoustiblok, Acoustiblok-Wallcover www.acoustiblok.com
            • AcoustiGuard, GenieClip, Mass Loaded Vinyl, Barrer Material, Iso-sill www.acoustiguard.com
            • Kinetics Model ICC, KSCH, IsoGrid, IsoMax, PSB,Wallmat, IPRB www.kinetcsnoie.com
            • any equivalent curtain that meets the applicable decibel level set forth in § 24-228 of the New York City Noise Control Code

         C.   Floor Sound Isolation. Acceptable examples include but are not limited to:

            • Acoustiblok, Acoustiwool, Acoustipad www.acoustiblok.com
            • AcoustiGuard, OT 4005& 4010, Duraoustic, Barrier Material, Iso Sep 25HD www.kineticsnoise.com
            • Kinetics, Model RIM, SR Floorboard, Soundmatt, FC Isolayment BR www.kineticsnoise.com

      2.   Tools. 

         A.   Drills. The responsible party should select drills with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
 

 

Manufacturer brand name	Model number
Milwaukee	0302-20
Milwaukee	0299-20
Milwaukee	0300-20
Makita	6303H
Hitachi	D10VH
Makita	6408

 

         B.   Circular Saws. The responsible party should select saws with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
 

Manufacturer brand name	Model number
Porter Cable	345
Milwaukee	6370-20
Porter Cable	314
Makita	5277NB
Makita	5057KB
Hitachi	C7SB2
Porter Cable	743
Bosch	CS20

 

         C.   Portable Generators. The responsible party should select models with the lowest levels (dBA) that meet their needs. Acceptable examples include but are not limited to:
 

 

Manufacturer brand name	Model number
Honda	EU3000isAN
Honda	EU1000iAN
Honda	EU2000 series
Honda	EU6500isA

 

         D.   Orbital Sanders. The responsible party should select orbital sanders with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
 

 

Manufacturer brand name	Model number
Black and Decker	MS500K
Black and Decker	MS550GB

 

         E.   Power Screw Drivers. The responsible party should select power screw drivers with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
 

 

Manufacturer brand name	Model number
Hitachi	W6V3
DeWalt	DW272

 

         F.   Reciprocating Saws. The responsible party should select reciprocating saws with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
 

 

Manufacturer brand name	Model number
DeWalt	DW309K
Milwaukee	6519-22
Milwaukee	6509-22
Milwaukee	6524-21

 

         G.   Miter Saws. The responsible party should select miter saws with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
 

 

Manufacturer brand name	Model number
Delta	MS250
Hitachi	C10FCE
DeWalt	DW706

 

         H.   Grinders. The responsible party should select grinders with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
 

Manufacturer brand name	Model number
Ryobi	AG401
Ryobi	AG451
Hitachi	G12SR2
Ridgid	R1000
Milwaukee	6148-6
DeWalt	DW402
Bosch	1700A

 

         I.   Jig Saws. The responsible party should select jig saws with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
 

 

Manufacturer brand name	Model number
Skil	4380
Milwaukee	6266-22
Black and Decker	JS600

 

         J.   Hammer Drills. The responsible party should select hammer drills with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
 

 

Manufacturer brand name	Model number
Hitachi	DH24PE
DeWalt	D25103
Bosch	11224VSR
DeWalt	DW505

 

         K.   The responsible party must consult the Federal CDC NIOSH power tools database to ensure that no quieter tools are available. If any of the tools set forth in subparagraphs A through J of this paragraph have been discontinued, the responsible party must contact the manufacturer to obtain the model number for any available newer model that has an equivalent or lower decibel level. If a tool is selected that is not on the DEP approved list, the tool must be rated to the same sound reduction or be certified to a lower decibel level than the tool cited in each applicable section.

(Added City Record 9/18/2018, eff. 10/18/2018)