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What is NYC AC § 24-228?

Quick Answer

This section regulates the operation of construction devices to prevent unreasonable noise levels, defining specific decibel limits for various circumstances. The Department of Environmental Protection enforces these regulations. Applies to construction site operators and building owners managing noise compliance.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-228 Construction devices.

AC § 24-228

(a)No person shall operate or use or cause to be operated or used a construction device or combination of devices in such a way as to create an unreasonable noise. For the purposes of this section unreasonable noise shall include but shall not be limited to sound that exceeds the following prohibited noise levels: (1) Sound, other than impulsive sound, attributable to the source or sources, that exceeds 85 dB(A) as measured 50 or more feet from the source or sources at a point outside the property line where the source or sources are located or as measured 50 or more feet from the source or sources on a public right-of-way.

(2)Impulsive sound, attributable to the source, that is 15 dB(A) or more above the ambient sound level as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way. Impulsive sound levels shall be measured in the A-weighting network with the sound level meter set to fast response. The ambient sound level shall be taken in the A-weighting network with the sound level meter set to slow response.

(3)Sound that exceeds the decibel levels set forth in subdivision (d) of section 24-223 during the time that an after hours authorization is required to be in effect.

(4)Sound attributable to the source that is 10 dB(A) above the ambient sound level, on or after 7:00 a.m. and before 10:00 p.m., as measured in any residential receiving property dwelling unit with windows and doors that may affect the measurement closed.

(b)Where a particular sound source or device is subject to decibel level limits and requirements specifically prescribed for such source or device elsewhere in this code, such specific decibel limits shall apply to such device or source. However, if aggregate sound levels from a construction site exceed the limits set forth in this section, compliance with such specific decibel limits shall not be a defense in any proceeding relating to a violation of this section. (Am. L.L. 2018/053, 1/17/2018, eff. 4/30/2018; Am. L.L. 2024/004, 1/6/2024, eff. 5/5/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113 and L.L. 2018/053.

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