AMENDMENTS TO RULES RELATING TO TIME FRAMES FOR INSPECTIONS IN RESPONSE TO AFTER HOURS NOISE COMPLAINTS

Adopted Rules: Closed to Comments

Effective Date: 
Sunday, October 14, 2018
Agency:
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule

Local Law 53 of 2018 added a new subdivision (e) to Section 24-207 of the Administrative Code. This new subdivision requires the commissioner to prescribe specific time frames for inspections in response to after hours noise complaints received by the department to ensure that inspections are most likely to occur at a time that the alleged noise is continued from the time of such complaint, or at a time when the alleged noise is likely to be repeated.

DEP promulgates these rules, as required by section 24-207(e), to establish the method and strategy to inspect after hours complaints when the noise will still be continuing and/or likely to be repeated.

DEP received a comment from one individual requesting that an actual numerical value be tied to the inspection process to clearly set forth the parameters for when the after hours inspection must occur. That suggested revision is captured in this rule.