REPORT TITLE: 
Noise


DESCRIPTION:
Exempts small construction projects from the permit requirements
of the noise pollution law; provided that the department of
health is notified of the project.  (SB737 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        737
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO NOISE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 342F, Hawaii Revised Statutes, is
 
 2 amended by adding two new sections to be appropriately designated
 
 3 and to read as follows:
 
 4      "�342F-      Projects exempt from noise permit requirements.
 
 5 (a)  Except as provided in subsection (b), any construction
 
 6 project:
 
 7      (1)  For a dwelling; or
 
 8      (2)  With a total cost of less than $250,000 based on the
 
 9           value of the project listed on the building permit,
 
10 shall be exempt from the noise permit requirements of section
 
11 342F-4; provided that written notification of the intent to
 
12 construct shall be submitted to the department by the person
 
13 responsible for the construction project.  The notification shall
 
14 include information concerning the person responsible for the
 
15 construction project, type of construction, location, and
 
16 estimated duration of the construction project.  The notification
 
17 also shall include an acknowledgement that the construction
 
18 project shall be subject to operational times and a maximum noise
 
19 level of seventy-eight decibels when measured at any point at or
 
20 beyond the property line of the construction premises.
 

 
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                                                        H.D. 1
                                                        

 
 1      (b)  The exemption in subsection (a) shall not apply to any
 
 2 construction project which:
 
 3      (1)  Emits noise in excess of the maximum permissible sound
 
 4           levels established under the state community noise code
 
 5           adopted by the department which occur:
 
 6           (A)  Before 7:00 a.m. and after 6:00 p.m. on Monday to
 
 7                Friday;
 
 8           (B)  Before 9:00 a.m. and after 6:00 p.m. on Saturday;
 
 9                and
 
10           (C)  On Sunday and holidays;
 
11           or
 
12      (2)  Uses hoe-rams or pile drivers;
 
13 provided that subsection (a) shall not apply to a construction
 
14 project that emits noise exceeding seventy-eight decibels,
 
15 regardless of the time of occurrence of the noise. 
 
16      (c)  Violation of this section shall be subject to a fine
 
17 not exceeding $100 per violation; provided that each day of a
 
18 violation shall constitute a separate offense; and provided
 
19 further that a violation exceeding five days shall be subject to
 
20 the penalties under section 342F-9(b).
 
21      (d)  As used in this section:
 

 
 
 
 
 
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                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      "Construction" means any or all activities including those
 
 2 activities necessary or incidental to the erection, demolition,
 
 3 renovation, or alteration of buildings.
 
 4      "Dwelling" means a room or rooms connected together
 
 5 constituting an independent housekeeping unit for an individual
 
 6 or a family, and containing facilities for bathing, cooking, or
 
 7 both.
 
 8      "Notification" means a formal notice to the department of
 
 9 the intent to construct a project exempt from noise permit
 
10 requirements under subsection (a).
 
11      342F-     Fees for notification.  The director may
 
12 establish reasonable fees for notifications and to cover the cost
 
13 of implementation, recordkeeping, and any necessary inspections
 
14 to ascertain compliance with the provisions of the state
 
15 community noise rules."
 
16      SECTION 2.  New statutory material is underscored.
 
17      SECTION 3.  This Act shall take effect upon its approval.