Unacceptable Noise Level from Downstairs Restaurant

DEP issued a violation notice to restaurant in landlord's building for causing unacceptable noise levels in tenant's apartment upstairs. DEP's inspector saw and heard a five-piece live band playing in the restaurant, and could hear music in tenant's apartment. DEP also tested the noise level with a sound level meter. Landlord claimed that the sound level meter wasn't a government-approved device for measuring sound. DEP's inspector testified that the meter performed accurately during inspection, and before inspection was tested and calibrated. The ALJ ruled against landlord, finding that the inspector was trained and qualified to take sound level readings. The ALJ fined landlord $3,200. Landlord appealed and lost. A reading of 8 dB(A) above 45 dB(a) is an unreasonable noise level under Code Section 24-241.1.

Sweet Maty Restaurant Inc.: ECB App. No. 45375 (7/22/10) [4-pg. doc.]