Wednesday, August 23, 2006

Hawaii Dept. of Health Noise Control Excerpt

Comment:It seems unusual that Class C levels are higher than A or B when the ambient sound levels in the rural areas are very low, often below the threshold of measurement of 35 dbA. Class C also includes industrial areas. Perhaps the regulation was formulated to address the sugar plantations and their use of heavy agricultural equipment. The plantations are long gone and a revision to these regulations is required.

Excerpt:
§11-46-3 Classification of zoning districts. This section shall describe the zoning districts as specified in Table I, maximum permissible sound levels in dBA, found in section 11-46-4, and as provided in section 11-46-4:

(1) Class A zoning districts include all areas equivalent to lands zoned residential, conservation, preservation, public space, Open space, or similar type.

(2) Class B zoning districts include all areas equivalent to lands zoned for multi-family dwellings, apartment, business, commercial, hotel, resort, or similar type.

(3) Class C zoning districts include all areas equivalent to lands zoned agriculture, country, industrial, or similar type.
 
§11-46-4 Maximum permissible sound levels in dBA
(a) The maximum permissible sound levels specified in Table I, as provided in this subsection and in section 11-46-3, shall apply to the following excessive noise sources: stationary noise sources; and equipment related to agricultural, construction, and industrial activities.
Table I. Maximum permissible sounds levels in dBA.
Zoning Districts
Daytime
Nighttime
Class A
55
45
Class B
60
50
Class C
70
70

(b) The maximum permissible sound levels in Table I, as provided in subsection (a), shall apply to any excessive noise source emanating within the specified zoning district, and at any point at or beyond (past) the property line of the premises in a manner deemed appropriate by the director.

(c) Noise levels shall not exceed the maximum permissible sound levels for more than ten per cent of the time within any twenty minute period, except by permit or variance' issued under sections 11-46-7 and 11-46-8.

(d) For mixed zoning districts, the primary land use designation shall be used to determine the applicable zoning district class and the maximum permissible sound level.

(e) The maximum permissible sound level for impulsive noise shall be ten dBA above the maximum permissible sound levels specified in Table 1 of subsection (a). "Fast" meter response shall be used to measure these types of noise.

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