Noise from Air Circulation Device within OK Limits

DEP issued a violation notice to landlord for causing or permitting unreasonable noise. The DEP inspector cited an air circulation device on the roof of landlord's building with a sound level reading of 44 dB(A) and an ambient sound level reading of 34 dB(A). Landlord claimed that the noise was within legal limits. The ALJ ruled against landlord and fined it $350. Landlord appealed and won. N.Y.C. Administrative Code Section 27-218 provides that no person shall cause or permit unreasonable noise, but also states that this section wouldn't apply to any sound if the decibel level was within the limits set by any other section of the code. Code Section 23-237 states that no person shall operate a circulation device that creates a sound level in excess of 45 dB(A). DEP's inspector acknowledged before the ALJ that the sound level was under the level permitted by Code Section 23-237. Because the measured noise level was within the limits set by Code Section 23-237, the violation must be dismissed.

6735 Ridge Owners Corp.: ECB App. No. 45608 (1/17/08) [3-pg. doc.]