In accordance with § 24-219 and § 24-220 of the New York City Noise Control Code, every construction site where construction activities take place shall have, conspicuously posted and filed with the Department of Environmental Protection (DEP), a complete and accurate Construction Noise Mitigation Plan, except such sites that will have emergency work completed within three days or less, shall not be required to file the plan. An after hours variance, pursuant to § 24-223 of the Noise Control Code may be applied for if work is not possible during otherwise allowable hours. Such plan must be readily available for inspection at the construction site. The Construction Noise Mitigation Plan Form is available at: http://www.nyc.gov/html/dep/html/noise/construction-noise.shtml.
(Amended City Record 9/18/2018, eff. 10/18/2018)
a. The responsible party shall self-certify in its Construction Noise Mitigation Plan that all construction tools and equipment have been maintained so that they operate at normal manufacturer's operating specifications, including at peak loading. Such self-certification shall be indicated on the Construction Noise Mitigation Plan form required by 15 RCNY § 28-100. Upon a DEP inspection of the work site, DEP shall use the noise level guidelines in the Federal Highway Administration Roadway Construction Noise Model User's Guide, Jan. 2006, page 3, located in the Appendix to this chapter, as a means of identifying equipment that may be the cause of a noise complaint. If an individual piece of equipment is identified by DEP as exceeding the level specified in such Guide located in the Appendix to this chapter, upon notification by DEP, the responsible party shall have the option of: (i) performing maintenance to demonstrate a good faith effort, notwithstanding the model year of the equipment, to mitigate the noise by a measurable level acceptable to the Department, (ii) replacing the equipment with equipment that complies with said level, or (iii) filing an Alternative Noise Mitigation Plan pursuant to 15 RCNY § 28-104, within five business days of said inspection. If the responsible party elects to perform maintenance pursuant to option (i), but cannot demonstrate within five business days a reduction in noise by a measurable level acceptable to the Department, such party shall pursue one of the other two options to the satisfaction of the Department. The failure to exercise and complete one of such three options within five business days of said inspection shall be a violation of this rule.
b. All construction equipment being operated on site must be equipped with the appropriate manufacturer's noise reduction device(s), including, but not limited to, a manufacturer's muffler (or equivalently rated material) that is free of rust, holes and exhaust leaks.
c. The responsible party shall mitigate noise from construction devices with internal combustion engines by ensuring that the engine's housing doors are kept closed, and by using noise-insulating material mounted on the engine housing that does not interfere with the manufacturer's guidelines for engine operation or exhaust. The responsible party shall further reduce noise by operating the device at lower engine speeds during the work to the maximum extent possible.
d. Portable compressors, generators, pumps and other such devices shall be covered with noise-insulating fabric to the maximum extent possible that does not interfere with the manufacturer's guidelines for engine operation or exhaust, and shall further reduce noise by operating the device at lower engine speeds during the work to the maximum extent possible.
e. Vehicle engine idling on site shall be prevented in accordance with New York City Administrative Code § 24-163.
f. Quieter back-up alarms shall be used in pre-2008 model year vehicles when practicable for the job site. 2008 model year or newer vehicles shall be equipped with a quieter back-up warning device in accordance with OSHA standards, as set forth in paragraph 4 of subdivision d of 15 RCNY § 28-102.
g. When DOB regulations require a perimeter barrier, or "construction fence," and the site is within 200 feet of a receptor or a receiving property as defined in 15 RCNY § 28-109, perimeter noise barriers shall be fabricated in accordance with the standards set forth in subdivision e of 15 RCNY § 28-107 and lined with material set forth in subdivisions c and e of 15 RCNY § 28-107. Further, the responsible party shall fill in any gaps and holes in adjacent panels of noise barriers with noise attenuation material, so as to maximize the effectiveness of such barriers. Such noise attenuation material shall include noise curtain material, additional plywood, or similar material. When viewing ports are required in the curtain material, they shall be filled in with clear plastic attached to the curtain.
h. The contractor shall create and utilize a noise mitigation training program, which shall be implemented for all field-worker supervisory personnel including subcontractor supervisors. Supervisory personnel shall field-train all field workers to minimize construction noise. Such training program shall be developed in consultation with DEP.
i. When work is planned near sensitive receptors, including but not limited to facilities such as schools, hospitals, places of worship, and homes for the aging, the responsible party shall cooperate with the facility owner or operator to coordinate the work schedule so as to minimize the noise impact on the facility.
j. A DEP inspector may visit a construction site to examine the Noise Mitigation Plan upon receiving a complaint, or as a matter of routine inspection, to ensure that the responsible party is complying with such Plan. A responsible party found not to be complying with such Plan shall be provided a cure period of three business days to correct the condition or to file an Alternative Noise Mitigation Plan under 15 RCNY § 28-104. If the condition is not corrected nor an Alternative Noise Mitigation Plan filed with DEP within three business days, then a Notice of Violation shall be issued against the responsible party. Said violations may be issued on-site or by mail. Notwithstanding the preceding sentences in this subdivision, there shall be no cure period afforded with respect to compliance with 15 RCNY §§ 28-100; 28-101(a), (b), (e), (f), (h); 28-104; 28-105; and 28-106(a), (b), (d) (g) & (i).
k. Construction activities may take place during the hours of 7:00 a.m. to 6:00 p.m. on weekdays. At all other times, the permittee shall obtain after-hours authorization, pursuant to 15 RCNY § 28-103.
l. Where construction projects are of shorter duration of less than 15 days and within the property line and do not require Department of Buildings (DOB) perimeter barriers ("construction fences"), and where the work site is within 75 feet of a residential receptor, a temporary or portable (i.e. unanchored) noise barrier shall be fabricated in accordance with the specifications in 15 RCNY § 28-108. For long-term street work, defined as 15 days or longer, that is outside the property line and within 75 feet of a residential receptor and where there is a dedicated lane available, a temporary barrier in accordance with the specifications in 15 RCNY § 28-108 shall be required.
m. Whenever a responsible party is engaged in sandblasting operations that require a perimeter or other barrier during sandblasting, said barrier shall be lined with noise barrier material as set forth in subdivision e of 15 RCNY § 28-107.
n. Responsible parties conducting construction and roadway work that will commence and be completed within a continuous period of no longer than 24 hours or for emergency work that will last no longer than three consecutive days, need not file with DEP a Construction Noise Mitigation Plan. However, the responsible party for such construction work shall not create unreasonable noise. In addition, if the work occurs near or adjacent to a sensitive receptor as defined in 15 RCNY § 28-101(i), then the responsible party shall make modifications including scheduling changes or employing additional noise mitigation methods listed in 15 RCNY §§ 28-102, 28-107, and 28-108. This subdivision shall not apply to construction work that occurs after hours.
o. Technical terms in these rules are defined in the Noise Code or in 15 RCNY § 28-109.
(Amended City Record 9/18/2018, eff. 10/18/2018)
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