Here's How, Step By Step

by Ronald G. Musto

According to the NYC Noise Code, section 24-237, Circulation Devices, "No person shall operate or permit to be operated a circulation device in such a manner as to create a level in excess of 45 dB(A) when measured inside the dwelling unit affected in a line with the window nearest the exterior face of such circulation device. The measurement shall be taken with the window fully open at a point three feet from the open portion of the window."

While the combined noise level of all units will be considered after new city legislation goes into effect after January 2005, at present a summons can only be filed against individual units.

Here are the steps to arrange a free noise inspection that could result in serious fines for offenders:

. Call 311. Ask for the City Department of Environmental Protection (DEP).

. Describe the source of the noise (e.g., ventilation systems on a building roof). Provide both your address and the address from which noise is emanating.

. Request a DEP inspection-team visit, and record the case number and the name of the agent taking the call.

. If a visit hasn't been scheduled within a week, call again with your case number.

. During the visit, write down the inspectors' names (there should be at least two inspectors) and badge numbers.

. The inspectors will need to take readings with the noise source turned on, and one with ambient noise only.

. Ask the inspectors for the readings, and about what action DEP will take.

You can buy your own easy-to-use decibel noise meter at Radio Shack for about $50.00. It's a good idea to begin recording decibel levels at night, during the day, on weekends, etc. Cheaper units don't meet DEP standards for legal measurements, but they provide measurements accurate enough for logging purposes.

Here are some additional sources of information:

. Article on Mayor Bloomberg's attack on noise pollution -

www.citymayors.com/environment/nyc_noise.html

. The Noise Pollution Clearinghouse - www.nonoise.org

. The Council on the Environment - www.cenyc.org/HTML/noi se.htm

. DEP (noise code) - www.nonoise.org/ lawlib/cities/newyork.htm

. The legislative aide at DEP - 718-595-3497