Section 24-219
§ 24-219 Noise mitigation rules. (a) The commissioner shall adopt
rules prescribing noise mitigation strategies, methods, procedures and
technology that shall be used at construction 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) steam shovels.
(7) derricks.
(8) cranes.
(9) steam or electric 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.
Section 24-220
§ 24-220 Noise mitigation plan. (a) Each person, corporation or other
business entity performing construction work in the city shall adopt and
implement a noise mitigation plan for each construction site in
accordance with the provisions of this subchapter and such rules
whenever any one or more of the construction devices or activities
listed above or in the department's rules are employed or performed at
the site.
(b) Such plan shall be adopted prior to the commencement of
construction at the site or, with respect to emergency work, as defined
in the department's rules, within three days thereafter, and shall apply
to all work at the site throughout the construction process. The plan
shall provide in detail the noise mitigation strategies, methods,
procedures and technology, as prescribed in the rules of the department
or specifically approved by the commissioner in accordance with section
24-221 of this code, for each device or activity employed or performed
at the site. Each permit holder or other person in charge of such
construction site will be accountable for compliance with such rules and
shall ensure that each person performing construction work at the site
shall be aware of the plan and shall be responsible for complying with
those provisions that affect his or her work.
(c) A copy of the plan shall be kept at the construction site and
shall be made available for inspection upon the request of persons
authorized to enforce the provisions of this code.
(d) The plan shall be amended whenever additional devices or
activities unforeseen at the commencement of construction are employed
at the site or at the direction of the commissioner in accordance with
section 24-223 of this subchapter.
(e) A plan need not be filed with or approved by the department prior
to the commencement of construction if it conforms in all respects to
the rules of the department with respect to construction devices and
activities employed or performed at the construction site. A plan that
deviates in any respect from such rules or an alternative noise
mitigation plan required to be certified in conjunction with a undue
hardship application pursuant to paragraph (5) of subdivision (e) of
section 24-223 shall be subject to the prior approval of the
commissioner in accordance with section 24-221 of this code.
(f) This section shall not apply to construction 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.
Section 24-221
§ 24-221 Alternative noise mitigation plan. (a) Upon application, the
commissioner may approve an alternative noise mitigation plan for a
particular construction site that deviates from strict compliance with
the noise mitigation rules. Application for approval of such plan shall
be submitted to the department at least ten business days prior to the
commencement of construction or as soon as practicable but no later than
24 hours prior to the commencement of construction in a form and manner
and accompanied by such information and documentation as shall be set
forth in the rules of the department. The commissioner may approve such
alternative noise mitigation plan if he or she finds that:
(1) strict compliance with the noise mitigation rules would not be
possible or would create an undue hardship because of the location or
unique characteristics of the site or of the construction devices or
activities to be employed or performed at the site; and
(2) the alternative noise mitigation strategies, methods, procedures
or equipment proposed are consistent with the purposes and policies of
this code.
(b) Notwithstanding the foregoing provisions, with respect to
construction sites where construction is performed pursuant to a permit
issued prior to the effective date of this section or in the case of
construction by or on behalf of a city agency where construction is
performed under a contract bid out prior to the effective date of this
section, application for approval of an alternative noise mitigation
plan may be submitted within 60 days after the effective date of this
section. The commissioner may approve such plan if he or she finds that:
(1) strict compliance with the noise mitigation rules would not be
possible or would create an undue hardship because of the location or
unique characteristics of the site or of the construction devices or
activities employed or performed at the site, or
(2) strict compliance with such rules would be unreasonable or unduly
burdensome with respect to construction work that is imminent or ongoing
on the effective date of this section, or
(3) with respect to city construction projects, the implementation of
contract modifications to achieve strict compliance with such rules
would result in unreasonable delay and/or increased expenditure for a
necessary public improvement, and
(4) the alternative noise mitigation strategies, methods, procedures
or equipment proposed are consistent with the purposes and policies of
this code.
(c) Where the commissioner rejects an alternative noise mitigation
plan, an applicant may appeal such rejection in accordance with the
rules of the department. An alternative plan shall not be in effect
unless and until it has been approved by the commissioner except that
where a timely alternative plan has been filed with the commissioner for
approval, a construction site in compliance with such alternative plan
shall be deemed to be in compliance with this section unless and until
such plan is rejected by the commissioner and for a reasonable time
thereafter as determined by the commissioner.
Section 24-222
§ 24-222 After hours and weekend limits on construction work. Except
as otherwise provided in this subchapter, it shall be unlawful to engage
in or to cause or permit any person to engage in construction work other
than on weekdays between the hours of 7 a.m. and 6 p.m. A person may
however perform construction 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 a.m. and 4 p.m. provided that such
dwelling is located more than 300 feet from a house of worship.
Section 24-223
§ 24-223 After hours work authorization. (a) Notwithstanding section
24-222 of this subchapter, an agency authorized to issue permits for
construction work may, along with such permit, issue an after hours work
authorization for the work site. Such after hours authorization may
permit construction work to be performed at the site before 7 a.m. or
after 6 p.m. on weekdays and/or on Saturdays and/or Sundays subject to
the conditions and restrictions set forth in this section.
(b) The agency issuing such authorization must obtain a certification
from its permittee that the permittee has developed a noise mitigation
plan for the site in accordance with this subchapter and that such plan
is in compliance with the noise mitigation rules. In the case of
emergency work such certification shall be submitted within 3 days after
the commencement of the work.
(c) If after hours work at the site is not being performed in
compliance with such plan or where no plan is in effect, the department
or the agency issuing such authorization, at the request of the
commissioner or on its own account, may take appropriate action,
including but not limited to the refusal to renew such after hours
authorization.
(d) Where there is full compliance with the noise mitigation plan yet
nevertheless aggregate sound levels from the site where an after hours
authorization is in effect exceed 8dB(A) above the ambient sound level
as measured in any residential receiving property dwelling unit (with
windows and doors that may affect the measurement closed), the
commissioner may request the person performing the work to confer with
representatives of the department regarding additional noise mitigation
measures that may be employed at the site to reduce aggregate sound
levels. After such conference the commissioner may direct amendment of
the noise mitigation plan for the site. Failure to respond to a request
for a conference or to amend the noise mitigation plan within the time
prescribed in a notice issued by the department shall be a violation of
this code.
(e) Authorization for after hours construction work may only be issued
in the following circumstances:
(1) Emergency work. Agencies shall authorize such after hours
construction work for emergency conditions, inside or outside the
property line, involving a threat to public safety or causing or likely
to cause the imminent interruption of service required by law, contract
or franchise. An emergency authorization issued pursuant to this
paragraph shall expire as determined by the agency but no later than the
ninetieth day after its issuance and shall be renewable in accordance
with agency procedures while the emergency continues.
(2) Public safety. Agencies may authorize such after hours work,
inside or outside of the property line, where the agency determines that
the work cannot reasonably or practicably be performed on weekdays
between the hours of 7 a.m. and 6 p.m. because of traffic congestion
and/or concern for worker and/or public safety. An authorization issued
pursuant to this paragraph shall expire as determined by the agency but
no later than the ninetieth day after its issuance and shall be
renewable in accordance with agency procedures.
(3) City construction projects. Agencies may authorize after hours
work by or on behalf of city agencies for projects that are judicially
mandated or the subject of consent orders and/or where a project is
necessary in the public interest including but not limited to
facilities, equipment, and infrastructure for the provision of water,
sewerage, sanitation, transportation and other services necessary for
the health or safety of the public. An authorization issued pursuant to
this paragraph for a city construction project shall remain in effect
for the duration of the project.
(4) Construction activities with minimal noise impact. The
commissioner shall promulgate rules setting forth a list of construction
activities with minimal noise impact and specific noise mitigation
measures applicable to such activities. Agencies may authorize the
performance of such construction activities after hours in accordance
with such rules.
(5) Undue hardship. Agencies may authorize after hours work if the
commissioner certifies that the permit holder has substantiated a claim
of undue hardship resulting from unique site characteristics, unforeseen
conditions, scheduling commitments and/or financial considerations
outside the control of the permit holder and that the applicant has
received approval from the department of an alternative noise mitigation
plan pursuant to section 24-221 of this subchapter, specifying the
activities and devices that will be used for such after hours
construction and setting forth the additional mitigation measures, above
and beyond those measures otherwise required for such devices and
activities pursuant to the department's rules, that the applicant will
use to significantly limit noise emissions from the site of such after
hours work. Applications for such certification shall be submitted to
the department in a form and manner to be set forth in the rules of the
department. The applicant for an after hours authorization under this
paragraph shall submit such certification to the issuing agency.
Section 24-224
§ 24-224 Construction work without noise mitigation plan unlawful. It
shall be unlawful to perform work at any construction site in the city
that is not in compliance with a noise mitigation plan where such plan
is required pursuant to this subchapter and with the noise mitigation
rules adopted pursuant to this subchapter. Notwithstanding any other
provision of this code, construction work performed in accordance with a
noise mitigation plan that is in full compliance with this subchapter
and such rules shall be deemed to be in compliance with all decibel
level limits set forth in other subchapters of this code. The provisions
of this subchapter shall supersede all other provisions of this code
relating to construction activities or devices that are inconsistent
with or in conflict therewith.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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