2006 New York Code - Noise Mitigation Rules.

 
    * §  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.
    * NB Effective July 1, 2007