Exempts small construction projects from the permit requirements
of the noise pollution law; provided that the department of
health is notified of the project.  (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  Chapter 342F, Hawaii Revised Statutes, is
 2 amended by adding a new section 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)  Of 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 a 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 78 dBA when measured at any point at or beyond the

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                                     S.B. NO.           S.D. 1

 1 property line of the construction premises.
 2      (b)  The exemption in subsection (a) shall not apply to any
 3 construction project which:
 4      (1)  Emits noise in excess of the maximum permissible sound
 5           levels established under the state community noise code
 6           adopted by the department which occur:
 7           (A)  Before 7:00 a.m. and after 6:00 p.m. on Monday to
 8                Friday; and
 9           (B)  Before 9:00 a.m. and after 6:00 p.m. on Saturday
10      (2)  Utilizes hoe-rams or pile drivers.
11      (c)  As used in this section:
12      "Construction" means any or all activities, including but
13 not limited to those activities necessary or incidental to the
14 erection, demolition, renovation, or alteration of buildings.
15      "Dwelling" means a room or rooms connected together
16 constituting an independent housekeeping unit for an individual
17 or a family, and containing facilities for bathing and cooking,
18 or both.
19      "Notification" means a formal notice to the department of
20 the intent to construct a project exempt from noise permit
21 requirements under subsection (a)."
22      SECTION 2.  New statutory material is underscored.
23      SECTION 3.  This Act shall take effect upon its approval.