AMENDMENT OF NOISE CODE PENALTY SCHEDULE

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a rule to amend Chapter 47 of Title 15 of the Rules of the City of New York (RCNY), to establish new penalties for violations of Title 24, Chapter 2 of the New York City Administrative Code, also known as the Noise Control Code (Noise Code), as amended by Local Law 53 of 2018 (LL 53). The proposed rule is authorized by section 1043 of the Charter of the City of New York and sections 24-204 and 24-257 of the Noise Code, and is exempt from review under section 1043(d) of the Charter pursuant to section 1043(d)(4)(iii).

LL 53, which takes effect on July 16, 2018, amends subdivision (d) of section 24-223 of the Noise Code to set enforceable decibel limitations from construction noise. Prior to the enactment of LL 53, violations were not authorized for exceedances of a decibel level unless the responsible party failed to confer with the Department concerning mitigation measures that can be used to reduce noise. In addition, LL 53 authorizes the Department to issue a stop work order if the Department finds that work is being performed in violation of sections 24-223 or 24-228 of the Noise Code, or any rules promulgated thereunder.