§ 28-102 Construction Devices and Activities.
RCNY § 28-102
The devices listed in this section require additional noise mitigation. A responsible party using any of these devices shall mitigate the noise by following the rules set forth in this section for the specific device. There are five categories of devices: a. Impact Equipment: Pile Drivers, Jackhammers, Hoe Rams, Blasting. b. Earth Moving Devices: Vacuum Excavators. c. Construction Trucks: Dump Trucks. d. Stationary Devices: Cranes, Auger Drills, Street Plates, Backup Alarms. e. Manual Devices: Concrete Saws. If the responsible party cannot in good faith comply with the noise mitigation rules for each device, the responsible party shall file with DEP an Alternative Noise Mitigation Plan in accordance with 15 RCNY § 28-104. a. Impact Equipment.
1.Pile Drivers. This rule provides noise mitigation strategies that responsible parties shall utilize in order to reduce the noise emissions from pile driving and related equipment. Pile drivers for sheet piles and/or column piles are a common necessity on a construction project. Piles can be used to stabilize trench walls during excavation, create coffer dams to hold back water, or to provide an anchored platform upon which structures can be built. There are two basic types of pile drivers – impact hammers and vibratory drivers. Noise emission levels from pile drivers can vary widely based on the type of driver, the type of pile (steel, concrete, wood), and the underlying ground conditions. A. GENERAL RULES OF OPERATION i. The hours of operation shall be in accordance with 15 RCNY § 28-103. B. SOURCE CONTROLS: QUIETER MODELS & MUFFLERS i. The quietest pile driving method shall be selected that allows the work to be performed based on structural, geotechnical, and pile friction requirements and ground conditions. The following list or their equivalent are acceptable pile-driving methods to the Department: a hydraulic pile pushing system, a vibratory pile driver; a hydraulic impact pile driver; a drop hammer, a diesel impact pile driver. ii. Hydraulic pushing method pile drivers, including the Ken-Jet Still Worker, the Giken Silent Piler, or the SERF Pilemaster, or equivalent, shall be utilized rather than louder impact or vibratory pile drivers when ground conditions permit such use. Further, such quieter pile drivers shall be utilized whenever a responsible party is working within 100 feet of a receptor. iii. In accordance with the noise mitigation criteria outlined in 15 RCNY § 28-101(b), an impact pile driver shall be equipped with a well maintained exhaust muffler in order to mitigate the amount of noise escaping out with the diesel exhaust. iv. The responsible party shall select the type of pile being driven based on structural and/or geotechnical performance requirements. In order of loudness, wooden piles shall be preferred first, followed by concrete piles, and then steel piles. v. The responsible party shall pre-auger or pre-trench the pile holes to soften the underlying ground, reduce ground resistance, and thus reduce pile driving noise based upon geotechnical conditions at the location. Auger drill rigs may be mounted to the same crane as the pile driver or alternatively, an excavator with a long bucket arm may pre-trench as deep as 25 feet below grade. vi. A properly secured impact cushion shall be installed on top of piles that are being driven by an impact hammer. Commercially available pile cushions or those fabricated on the job site, out of scrap wood, leather or rubber, may be utilized. vii. Quieter alternative methods to pile driving, including the use of drilled caissons filled with concrete, or slurry walls dug out initially with a milling machine, shall be used whenever possible, depending on structural and geotechnical performance requirements. viii. Noise bellows systems such as the IHC Hydrohammer, or an equivalent bellows device, may be used to provide further noise attenuation. Bellows enclosures accompany the pile down to the ground and collapse accordion style as the pile reaches the ground. ix. When the responsible party uses a vibratory pile driver or a hydraulic impact pile driver as set forth in clause (ii) of this subparagraph and/or noise bellows as set forth in clause (viii) of this subparagraph, between the hours of 7:00 a.m. to 6:00 p.m. on weekdays, the responsible party need not utilize additional pathway controls listed in subparagraph C of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g). x. No violation shall be issued to the responsible party if the bellows in clause (viii) of this subparagraph B or the barriers listed in subparagraph C of this paragraph are adjusted such that the operator can view the end of the hammer for safety purposes. C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & ENCLOSURES. The responsible party shall utilize one of the following pathway controls. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP. i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater. It shall be positioned as close as possible to the pile driver. A portable (i.e. unanchored) noise barrier can 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. 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 shall be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels shall be filled-in with noise curtain material, additional plywood, or similar material when practicable. A properly balanced canted panel, not susceptible to windy conditions, may be placed on top of the barrier in order to provide better shielding for multi-story receptors. However, said barrier's height shall not exceed 15 feet including the balanced canted portion. ii. The noise barrier shall be long and tall enough to completely block the line of sight between the pile driver and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier should be placed as close to the actual pile driving work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source. iii. Where applicable, portable noise shields made of steel frames wrapped with noise curtain material, such as SoundSeal model BBC-13-2, or equivalently rated material, shall be hoisted up into position on the crane's second cable to form a noise barrier in the direction of sensitive receptors. The shield shall be large enough to completely block the line of sight between the receptors and the pile driver, and shall be lowered to the ground as the pile is being driven in order to maintain the shielding effect. Such portable noise shield shall be utilized when the pile driver is higher than any barrier at the site required under 15 RCNY § 28-101(g). iv. Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes or truck trailers may be positioned along the edge of the work site to form an effective semi-permanent noise barrier. Sufficient space at the site is necessary, as these containers are generally 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 with heavy vinyl noise curtains or similar materials. It should be noted that gaps and spaces are one of the primary contributors to degrading a noise barrier's performance.
2.Jackhammers/Pavement Breakers. This rule shall provide noise mitigation strategies that the responsible party shall utilize in order to reduce the noise emissions from jackhammers and pavement breakers. These devices are defined as manually-operated, powered (pneumatic or other) devices, consisting of chisel-hammers or bits used to cut or break through pavement, concrete, or street surfaces. Jackhammers can be very loud as the steel chisel or bit hits the target object. A. GENERAL RULES OF OPERATION i. The hours of operation shall be in accordance with the rules as set forth in 15 RCNY § 28-103. B. SOURCE CONTROLS: QUIETER MODELS & MUFFLERS i. Quieter makes and models of jackhammers such as the Copco model TEX P90S or equivalent model with an elongated effective muffler casing or bellows measuring a total of greater than 15 inches in length, shall be used whenever practicable. ii. The quietest jackhammer suitable to perform the given work shall be selected for use. The quieter jackhammers, including the jackhammer specified in clause (i) of this subparagraph or the Chicago Pneumatic CP1240, with a model F-814004 muffler, or equivalent, shall be used when suitable and whenever a responsible party is working in close proximity to receptors, whenever a responsible party is using multiple jackhammers, and whenever jackhammer operations are occurring during after hours as set forth in § 24-223 of the Administrative Code. iii. In all cases, jackhammers shall be equipped with an effective muffler, provided either from the manufacturer or from an aftermarket vendor, which effectively reduces noise from the exhaust air by about 4 dBA or more. In accordance with 15 RCNY § 28-101(b), an effective muffler shall be properly fitted to the jackhammer to insure against air or noise leakage. iv. If appropriate to the size of the job, smaller jackhammers shall be used, as they tend to be quieter. v. When the responsible party uses a device described in clause (i) of this subparagraph between the hours of 7:00 a.m. to 6:00 p.m. on weekdays, the responsible party need not utilize additional pathway controls listed in subparagraph C of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g). C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & ENCLOSURES. The responsible party shall utilize one of the following pathway controls for jackhammers or pavement breaker operations within a property line or for long-term work when outside of the property line as specified in 15 RCNY § 28-101(l). However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP. The pathway controls are set forth as follows: jersey barriers, tents, or other portable noise barriers. i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater and that shall be positioned as close as possible to the jack hammer. The noise barrier shall be long and tall enough to completely block the line of sight between the jackhammer and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier shall be placed as close to the actual jackhammering work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source. A balanced canted panel, not susceptible to high winds shall be placed, when feasible, on top of the barrier in order to provide better shielding for multi-story receptors. However, said barrier's height shall not exceed 15 feet including the balanced canted portion. ii. Jersey barriers. A portable (i.e. unanchored) noise barrier can 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. 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 can be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels should be filled-in with noise curtain material, additional plywood, or similar material. All jersey barriers shall comply with the requirements in clause (i) of this subparagraph, including a Sound Transmission Class rating of STC 30 or greater. iii. Portable noise enclosures.
(a)Portable noise enclosures (so-called "noise tents") made of steel frames wrapped with noise curtain material, such as SoundSeal model BBC-13-2, or equivalently rated material, may be built to surround the jackhammer (on the top and 3 sides) and the operator. A properly constructed enclosure, using curtain material with a Sound Transmission Class rating of STC 30 or greater, generally provides a 5 dBA insertion loss. Such barrier shall meet OSHA standards for worker exposure to particulate matter.
(b)The responsible party shall utilize multiple tents for multiple jackhammers. For example, when two jackhammers are being utilized and they cannot fit under the same noise tent, the responsible party shall provide an additional noise tent.
(c)The noise tent shall be moved as the jackhammer work progresses in order to maintain the tent's ability to block the line of sight between the jackhammer and the receptors.
(d)In accordance with § 24-223 of the Administrative Code, when emergency jackhammering occurs after normal working hours within 500 feet of any residential receptor, the responsible party shall use noise tents with double thick noise curtain material or a noise tent augmented with a portable noise barrier to form a double layer of mitigation. See 15 RCNY § 28-108. Quieter jackhammers and compressor vehicles shall also be utilized during after hours work whenever feasible.
(e)Where there are receptors surrounding the jackhammer work site on all sides, two tents shall be used on either side of the jackhammer to form a complete enclosure as close to the jackhammer as practicable.
3.Hoe Rams. This rule shall provide noise mitigation strategies that the responsible party shall utilize in order to reduce the noise emissions from hoe rams. Hoe rams, and hoe ram-like devices, are used to cut through roadway pavement or concrete walls and for demolition of large concrete or steel structures. They are typically large hydraulic chisel-hammers attached on the end of a backhoe or excavator arm that can be very loud as the steel chisel hits the target object. A. GENERAL RULES OF OPERATION i. The hours of operation shall be in accordance with the rules as set forth in 15 RCNY § 28-103. B. SOURCE CONTROLS: QUIETER MODELS & MUFFLERS i. Quieter makes and models of hoe rams, such as the Bosma Hammer-Head or equivalent quieter devices, shall be used whenever feasible, especially near receptors. ii. The smallest hoe ram necessary shall be selected to perform the task, as smaller devices tend to produce less noise. iii. A noise shroud enclosure shall be wrapped around the head (i.e. chisel) of the hoe ram whenever working within 200 feet of a receptor. Shrouds may be selected from various manufacturers such as Krupp Industries, Allied Hi-Ram, Montabert, or Rammer Inc. with steel shrouds to attach to the hoe ram head. Alternatively, a shroud may be fabricated on-site by wrapping the chisel head with a heavy vinyl noise curtain material, such as SoundSeal BBC-13-2, or equivalently rated material, and securing it with tie wire. iv. A skilled hoe ram operator can significantly affect the amount of noise produced during the work. In accordance with 15 RCNY § 28-101(h), responsible party and subcontractor personnel shall be trained on the proper angle or position when the hoe ram chisel is placed against the work. The operator shall position and operate the device in such a manner as to minimize its noise output. A violation shall only be issued for failure to train the operator as set forth in subdivision (h) of 15 RCNY § 28-101. v. Alternative methods to hoe ramming concrete, including hydraulic jacks or chemical splitting (use of expansive demolition agents), shall be utilized whenever feasible. For steel demolition, alternative quieter methods may include the use of hydraulic shears and grapples, or the use of torches to cut the steel into more manageable pieces, which can then be trucked off-site for further demolition. vi. When the responsible party uses specific makes and models as set forth in clause (i) of this subparagraph or a noise shroud as set forth in clause (iii) of this subparagraph, between the hours of 7:00 a.m. to 6:00 p.m. on weekdays, then the responsible party need not utilize additional pathway controls listed in subparagraph C of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g). vii. No violation shall be issued to the responsible party if any of the shrouds in clause (iii) of this subparagraph are adjusted such that the operator can view the end of the bit for safety purposes. C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & ENCLOSURES. The responsible party shall utilize one of the following pathway controls below. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP. i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater and shall be positioned as close as possible to the hoe ram. A portable (i.e. unanchored) noise barrier can be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to a overall height of 15 feet. 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 can be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels should be filled-in with noise curtain material, additional plywood, or similar material. A balanced canted panel, not susceptible to high winds shall be placed, when feasible, on top of the barrier in order to provide better shielding for multi-story receptors. However, said barrier's height shall not exceed 15 feet including the balanced canted portion. ii. The noise barrier shall be long and tall enough to completely block the line of sight between the hoe ram and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier should be placed as close to the actual hoe ram work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source. iii. Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes or truck trailers may be positioned along the edge of the work site to form a semi-permanent noise barrier. Sufficient space must be available since containers are generally 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 should be filled-in with heavy vinyl noise curtains or similar material. iv. Where there are receptors surrounding the hoe ram work site on all sides, several noise barriers shall be used to form a complete enclosure around the hoe ram.
4.Blasting. This rule shall provide noise mitigation strategies that the responsible party shall utilize in order to reduce the noise emissions from blasting. The controlled use of explosives is occasionally necessary on a construction site, primarily to loosen hard rock ledges or to demolish large concrete structures. This rule does not apply to tunneling activities subject to the regulations set forth in § 24-246 of the Administrative Code. A. GENERAL RULES OF OPERATION i. The hours of operation shall be in accordance with the rules as set forth in 15 RCNY § 28-103. ii. The necessary and FDNY-regulated use of blasting shall be done in close coordination with the affected public in order to minimize potential disturbance. B. SOURCE CONTROLS: i. The smallest appropriate blasting charge possible shall be used in order to minimize blasting noise at its source. The quietest explosive material possible shall also be selected. Relatively slow-burning explosives produce quieter noise emissions as compared to faster-burning explosives. C. NOISE PATHWAY CONTROLS: BLAST MATS AND BARRIERS i. Blast mats made of heavy rubber shall be laid over the blast site. ii. When blasting occurs close to receptors, the responsible party shall construct a portable noise barrier that shall be free from gaps and holes, constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater, and positioned as close as possible to the blast site. iii. The noise barrier shall be long and tall enough to completely block the line of sight between the blasting and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. A portable (i.e. unanchored) noise barrier can be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to a maximum height of 15 feet. b. Earth Moving Equipment.
