§ 28-106 Required Noise Mitigation Measures for Utilities.

   a.   A utility company conducting construction activity 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 tools and equipment being operated on site must be equipped with the appropriate manufacturer's noise reduction device. These devices, including but not limited to portable compressors and other such pneumatic tools, such as jackhammers/pavement breakers, shall be equipped with a standard muffler and jacket, free from air or exhaust leaks.

   c.   Specialized vehicles, including but not limited to compressor trucks, vacuum excavators, pavement-coring, power-roding, flush trucks, and other vehicles with internal combustion motors, shall require additional noise mitigation measures as specified by DEP, such as the use of noise-insulating material that does not interfere with the engine operation and/or other techniques to reduce noise.

   d.   Portable compressors, generators, pumps and other such devices shall be covered with noise-insulating fabric, which is not to interfere with engine operations, and/or shall employ other techniques to reduce noise.

   e.   The time of day that work is in progress shall also determine the technology that provides the appropriate noise mitigation. All work that occurs after the hours of 7:00 a.m. to 6:00 p.m. on weekdays shall require an after hours work authorization in accordance with § 24-223 of the Administrative Code. From the hours of 6:00 p.m. to 10:00 p.m. on weekdays, the utility shall use daytime noise mitigation controls. However, work between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and between 7:00 p.m. and 7:00 a.m. on weekends may be required by DEP to employ additional techniques, including noise blankets and barriers to reduce the level of noise for receptors within 200 feet.

   f.   Quieter jackhammers, compressors, and other such construction devices shall be used when available and/or may be required by DEP. A program shall be initiated between DEP and the utilities to perform additional noise-testing of construction devices and to make recommendations to DEP for future rules and use of devices.

   g.   All unnecessary vehicle engine-idling on site shall be prevented in accordance with § 24-163 of the Administrative Code.

   h.   All steel traffic plates are to be properly installed and secured to the roadway surface in compliance with 34 RCNY § 2-11(10)(e). Within 24 hours after a call to the utility from DEP, plates shall be re-set and secured properly.

   i.   Notification shall be given to residents within 200 feet of the construction when work is scheduled for longer than 3 days. Such notification shall include information on construction work schedules and locations.

   j.   The permit-holder shall respond to all noise complaints and/or official notice from DEP the same day as received or the next day if received after regular utility work hours or as may be required by DEP.

   k.   All new vehicles will be phased in with the installation of quieter backup warning devices in accordance with paragraph 4 of subdivision d of 15 RCNY § 28-102.

   l.   A formal noise mitigation training program shall be established and implemented for all field-worker supervisory personnel including subcontractor supervisors. Supervisory personnel shall field-train all field workers in an effort to minimize construction noise.

   m.   When work is planned near sensitive receptors, including but not limited to schools, hospitals, places of worship, homes for the aging, etc., the permit-holder shall cooperate with the facility owner/operator to coordinate the work whenever possible so as to minimize the impact on the facility and the utility shall use quieter devices and other noise mitigation methods, such as blankets and barriers.

   n.   A DEP Inspector may visit the site to examine the Utility Noise Mitigation Plan upon receiving a complaint and may require further action to reduce the level of noise. The responsible party will be provided a 24-hour cure period to correct the condition or to file an Alternative Noise Mitigation Plan under 15 RCNY § 28-104. If the condition is not corrected after 24 hours or if an Alternative Noise Mitigation Plan is not filed with DEP, a Notice of Violation shall be issued. However, there shall be no 24-hour cure period with respect to compliance with 15 RCNY §§ 28-100, 28-101(a), (b), (f), or (h), 28-104, 28-105, and 28-106(a), (b), (d), (g), or (i).

   o.   Perimeter noise barriers shall be used as set forth in 15 RCNY § 28-101(g). All gaps and spaces in the semi-permanent or temporary barriers shall be filled with noise attenuation material, and such barriers shall be placed as close as possible to the noise source to promote greater noise attenuation.

   p.   [Repealed.]

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

§ 28-107 Perimeter Noise Barriers.

   a.   Perimeter Noise Barriers - Noise barriers, positioned between construction equipment and receptors, must be used for all construction projects. Such barriers may be semi-permanent given the time and space requirements of the job site. They may be made of wood, plastic, Plexiglas, precast concrete or steel panels, or where work site space permits, natural materials, such as dirt piles or earthen berms.

   b.   Noise barriers shall be used to reduce noise affecting pedestrians. Being relatively tall and solid, noise barriers form an excellent perimeter and/or security fence around a job site in addition to reducing noise at street level. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source.

   c.   When the work site is within 200 feet of a residential receptor, the responsible party that is required to use a work site perimeter noise barrier (or "construction fence") under DOB rules and regulations shall ensure that noise-resistant material fully lines the interior face (facing the work site) of the perimeter barrier, and shall ensure that:

      1.   the barrier breaks the line-of-sight between the noise source and indoor receptors within 200 feet and a maximum of 20 feet above grade level where practicable; however, said barrier's height shall not exceed 15 feet, including the balanced canted portion;

      2.   the barrier is made of a material sufficiently resistant to noise in accordance with subdivision e of this section; and

      3.   there are no leaks or gaps that will allow noise to pass through the barrier.

   d.   Noise Barrier Design Options. 

      1.   Semi-permanent noise barriers are barriers that, due to their height, will require some form of anchoring system. Typically, semi-permanent barriers are intended for long term continuous use. Thus they are built out of materials suitable to withstand weather conditions for several years. Materials such as tongue and groove wooden timbers, vertical I-beam posts and lagging, or precast concrete panels, serve very well as semi-permanent noise barriers. Being anchored, semi-permanent barriers can easily extend to heights of 15 feet and must be in accordance with DOB and FDNY rules and regulations.

      2.   Where practicable, the responsible party shall build a pitched panel on top of the barrier in order to provide better shielding for multi-story receptor buildings, however care must be taken to avoid having the barrier tip over from unbalanced loading.

      3.   Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes are likely already available to the responsible party. For example, where work site space permits, these container boxes or truck trailers may be positioned along the edge of the work site to form a semi-permanent noise barrier. These containers are typically 8 feet wide by 8 feet tall and can be double-stacked to form a noise barrier 16 feet in height. The gaps between and/or under container boxes shall be filled-in to avoid having noise flank around or under the container boxes.

      4.   There are also several product vendors that design and manufacture noise barrier materials and barrier systems. These special purpose products are available in various colors and materials including wood, plastic, Plexiglas, precast concrete or steel panels. They are available with or without anchoring systems, as needed.

   e.   Noise Barrier Specifications. Noise barriers shall be made of noise-resistant material sufficient to achieve a Sound Transmission Class (STC) rating of STC 30 or greater, based on sound transmission loss data taken according to ASTM Test Method E 90. Such a barrier can provide as much as a 10 dBA insertion loss providing it is positioned as close as possible to the noise source or to the receptors. To be at all effective, the barrier must be long and tall enough to completely block the line-of-sight between the noise source and the receptors. The gaps between adjacent panels must be filled-in to avoid having noise penetrate directly through the barrier.

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

§ 28-108 Temporary or Portable Noise Barriers.

   a.   Where there is a dedicated lane for such barrier, temporary or portable (i.e. unanchored) noise barriers shall be used for street work lasting longer than 15 days as set forth in this section. All such barriers shall be placed as close as possible to the noise source in order to maximize noise attenuation.

   b.   Where construction projects are of shorter duration than 15 days and within the property line and do not require perimeter barriers and are within 75 feet of a residential receptor, a temporary or portable (i.e. unanchored) noise barrier shall be made in accordance with this section.

   c.   Construction of temporary barrier. Noise barriers shall be made of noise-resistant material sufficient to achieve a Sound Transmission Class (STC) rating of STC 30 or greater, based on sound transmission loss data taken according to ASTM Test Method E 90. Such a barrier may provide as much as a 10 dBA insertion loss, provided it is positioned as close as possible to the noise source or to the receptors. To be at all effective, the barrier must be long and tall enough to completely block the line-of-sight between the noise source and the receptors. The gaps between adjacent panels must be filled-in to avoid having noise penetrate directly through the barrier.

      i.   Temporary or portable noise barriers, where required, may be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet and must be in accordance with DOB and FDNY rules and regulations. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels may be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent sections shall be filled-in to form a continuous solid barrier surface.

      ii.   Wherever practicable, a pitched panel shall be built on top of the barrier in order to provide better shielding for multi-story receptor buildings; however care must be taken to avoid having the barrier tip over from unbalanced loading. Further, the barrier shall not exceed 15 feet in height including the pitched panel.

   d.   Noise curtains. Noise curtain material may be mounted or hung over perimeter chain link fences, or draped over small noise sources, to form a flexible noise barrier. The chain link fences can also be attached to the top of jersey bases.

      i.   Noise curtains shall be made of a 1/4-inch thick heavy vinyl material, with a noise absorptive quilt attached to one side (the side facing the noise source).

      ii.   Noise control curtains shall have a Sound Transmission Class (STC) rating of STC 30 or greater, based on sound transmission loss data according to ASTM Test Method E 90. The noise absorptive face of the curtains shall have a Noise Reduction Coefficient (NRC) rating of 0.85 or greater, based on sound absorption coefficient data taken according to ASTM Test Method C 423.

      iii.   Noise curtains of this sort, such as SoundSeal model BBC-13-2, or equivalently rated material, generally weigh about 1.5 lbs/sq. ft. They come in 4-foot wide sheets complete with grommets and Velcro edges to aid in hanging the curtains and sealing the sheets side-by-side.

   e.   Noise Tents. A noise tent may be used within the property line.

      i.   Noise curtain material may be attached to a metal frame to form a portable enclosure (known as a "noise tent"). The noise tent shall have noise curtain material attached on three sides and on top of the frame, with the remaining side of the frame left open for work access and ventilation.

      ii.   A frame size of 8 feet tall by 6 feet wide by 6 feet deep shall allow the tent to be positioned over small noise sources, such as pumps, generators or compressors. The tent may also be used to cover a laborer using hand-held power tools, such as jackhammers, saws or grinders. Caster wheels may be placed under the frame for mobility, or the tent may be picked up and moved with the arm of a backhoe, for example.

§ 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)