§ 29-102 Certification to the Department.
RCNY § 29-102
a. Pursuant to paragraph 1 of subdivision b of § 24-231 of the Code, the Commissioner shall recommend to the Board that there be no civil penalty imposed for a first violation of subdivision a of § 24-231 of such Code provided that, within 30 days after the issuance of such violation or, if applicable, within the time granted by the Commissioner pursuant to paragraph two of such subdivision of the Code, the respondent admits liability for the violation, and files a certification with the Department in the form and manner and containing the information and documentation prescribed in subdivision b of this section. b. The certification referenced in subdivision a of this section shall be made by a Noise Consultant, retained by the owner of the subject commercial music establishment or enterprise and acceptable to the Department. Such Noise Consultant shall certify a written report to the Department that shall include the following information and documentation: (1) A certification that the commercial music establishment is in compliance with the sound levels set forth in subdivision a of § 24-231 of the Code at the establishment's maximum decibel musical performance level.
(2)A description of all permanent improvements and modifications made at such commercial music establishment to achieve compliance with such sound levels, including but not limited to, the installation of appropriate sound insulation, isolators, suspension mounting and/or sound mitigation devices or materials, and diagrams of such work, together with copies of all bills and receipts for such work, and; (3) All sound level measurements taken at a location within the two closest receiving properties abutting the establishment and/or in a location specified by the Department. Should there be difficulty gaining entry to any abutting location, DEP shall be informed and DEP will set an alternate location. All such measurements shall be performed by a Noise Consultant. Such measurements shall be in accordance with the ANSI standards in § 24-231 of the Code, and shall be taken using an ANSI meter operating in the A and/or C weighted scales and/or third octave bands.
(4)A description of the method by which the maximum allowable amplified sound level in the A and/or C weighted scales and/or third octave bands shall be permanently set within the commercial music establishment. c. The report referenced in subdivision b of this section shall be submitted to the Department within six weeks of the date of violation. The respondent may ask DEP to grant an adjournment for an additional 30 days to submit such report upon a showing of substantial hardship due to site conditions or limitations. d. If the Commissioner accepts the certified report referenced in subdivisions a, b, and c of this section, he or she shall recommend to the Board that no civil penalty be imposed for the violation. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of § 24-231 of the Code.
