Chapter 28 (Maximum Noise Levels) and Chapter 29 (Noise Measuring Test Procedures)
| Secs. | |
| 2800 | Musical Instruments, Loudspeakers Amplifiers, and Unamplified Voices |
| 2801 | Mechanical Equipment |
| 2802 | Construction |
| 2803 | Construction in Residential Zones |
| 2804 | Explosives |
| 2805 | Hawkers, Peddlers, and Vendors |
| 2806 | Trash Collection in and Adjacent to Residential Zones |
| 2807 | Vehicle-Mounted Loud Speakers |
| 2808 | Leaf Blowers |
| 2809 | [Reserved] |
| 2810 | New Motor Vehicles |
| 2811 | Operational Limits for Motor Vehicles |
| 2812 | Alteration of Motor Vehicle Exhaust System |
| 2813 | Motor Vehicle Inspection |
| 2899 | Definitions |
| 2800.1 | Noise resulting from the musical instruments, loudspeakers, amplifiers, and unamplified voices shall not exceed the maximum noise levels contained in this section. |
| 2800.2 | It shall be unlawful for any person to make, continue, or cause to be made or continued any noise disturbance by the operation, use, or playing of any musical instrument or device, loud speaker, sound amplifier, or other similar device, unamplified voice, for the production or reproduction of sound on private property or public space. |
| 2800.3 | Parades and public gatherings conducted pursuant to a permit issued by the Metropolitan Police Department (as provided for in 24 DCMR, Chapter 7) shall be exempt from the noise disturbance limitation. |
| 2800.4 | Sounds shall not project outside a place of business at a level that exceeds sixty (60) dB(A) at a distance of not less than one (1) meter from outside the business establishment. Nothing in the Act shall be construed to prohibit the use of musical instruments, amplifiers, or stereo equipment for the sole enjoyment of the listener; Provided, that the sound does not exceed sixty (60) dB(A) or the applicable noise level for the zone from which the sound emanates at a distance of one (1) meter from the source. |
| 2800.5 | It shall be unlawful for any person to make, continue or cause to be made or continued any noise disturbance as that term is defined in 20 DCMR §2799 created by the operation or use of a loud speaker, sound amplifier. radio, Or musical instrument on public streets, alleys, or thoroughfares in the District of Columbia. Public assembly activities provided for in 20 DCMR §2500.3 and non-commercial public speaking are exempt from the limitations set forth in this section. |
| AUTHORITY: Unless otherwise noted. the authority for this chapters An Act approved January 26, 1887 24 Slat. 368, ch. 49. as amended: D.C. Code §1.315 11992 RepI. Vol.1: the §§422(6) and 422(11) of the District Columbia Self-Government and Governmental Reorganization Act; the District of Columbia Noise Control Act of 1977 D.C Law 2.53, as amended: Mayor's Order 79-28 dated February 5,1979. | |
| EDITOR'S NOTE: Chapter 31 Maximum Noise Levels was renumbered Chapter 28. | |
| SOURCE: Section 5 of the District of Columbia None Control Act of 1977 DC. Law 2-53, 24 DCR 5293, 5308 December 30, 1977) as amended by §4 of the D.C Noise Control Act of 1977 Amendment Act of 1986. D.C. Law 6-180, 33 DCR 7660, 7661 (December 21 1986) and by §2 of the Noise Control Amendment Act of 1996, DC. Law 11-161, 43 DCR 3727, 3729 (July 19, 1996). |
| 2801.1 | Noise resulting from mechanical equipment shall not exceed the maximum noise levels contained in this section. |
| 2801.2 | Noise resulting from the use or operation of any air-conditioning, refrigerator, heat pump, fan, swimming pool equipment, or other mechanical equipment, regardless of location, shall be prohibited in excess of sixty (601 (IB(A) when measured at the property line or as close to the property line as practical if there is an obstruction. |
| SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977 DC Law 2-53, 24 DCR 6293, 5309 (December 30, 1977) |
| 2802.1 | From 7:00 am. to 7:00 p.m. on any weekday, noise levels resulting from construction or demolition (excluding pile driver devices) shall not exceed a Leq(1) of eighty (50) dB(A) unless granted a variance under §2705 of Chapter 27 of this subtitle. |
| 2802.2 | From 7:00 p.m. to 7:00 am. the maximum noise levels prescribed in §2701 of Chapter 27 of this title shall apply. |
| 2802.3 | In cases involving noise from construction or demolition, measurements shall be made twenty-five feet (25 ft.) from the outermost limits of the construction site. |
| 2802.4 | No permit for building construction or demolition shall be issued until the permit applicant has assured in writing that the noise emanating from the planned construction will comply with the limitations established by this section. |
| SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C Law 2-53, 24 DCR 5293, 5308 (December 39, 1977). |
| 2803.1 | Noise emanating from construction in residential zones shall be prohibited during the hours specified in this section irrespective of its compliance with §2701 of Chapter 27 of this subtitle. |
| 2803.2 | No noise from construction, excluding minor home repairs, shall be permitted within a residential, special purpose, or waterfront zone on any Sunday or legal holiday, or after 7:00 p.m. and before 7:00 a.m. on any weekday. |
| 2803.3 | The limitation of §2803.2 shall not apply to the following: |
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| 2803.4 | Noise emanating from the sources exempted in §2803.3 shall comply with the maximum noise levels prescribed in §2701 of Chapter 27 of this subtitle. |
| SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5209 December 30, 1977). |
| 2804.1 | Noise emanating from explosives shall be prohibited during the hours specified in this section irrespective of its compliance with §2701 of Chapter 27 of this subtitle. |
| 2804.2 | No blasting with explosives shall be performed on any Sunday or legal holiday or at nighttime on weekdays, except by special permit as provided in §1301 of the Second Amendment to the 1972 Building Code of the District of Columbia (Title 12 DCMR). |
| EDITOR'S NOTE: The Building code referred to in this title has been superseded by DC. Law 6-216. Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. The construction regulations existing prior to March 21. 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National SOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November27. 1992 139 DCR 86651, the 1984 BOCA Codes. and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes. | |
| SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977. D.C. Law 2-53. 24 DCR 5293. 5310 December 30. 1977). |
| 2805.1 | The shouting and crying of hawkers, peddlers, and vendors shall be prohibited at nighttime on any day of the week, irrespective of its compliance with §2701 of Chapter 27 of this subtitle. |
| 2805.2 | The limitation of §2805.1 shall not be construed to prohibit selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed entertainment events. |
| SOURCE: Section 5 of tie District of Columbia Noise Control Act of 1977, DC Law 2-53, 24 DCR 5293, 5309 (December 30, 1977). |
| 2806.1 | Noise emanating from trash collection in any residential, special purpose. or waterfront zone shall be prohibited luring the hours specified in this section irrespective of its compliance with §2701 of this subtitle. |
| 2806.2 | No person shall operate or permit the operation of any refuse collection vehicle in or within three hundred feet (300 ft.) of any residential, special purpose, or waterfront zone at nighttime on any (lay of the week. This prohibition shall not apply to vehicles owned by the District government employed for emptying litter receptacles. |
| SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5311 (December 30. 1977) as amended by §2 of the Noise Control Amendment Regulation Act of 185, DC Law 6-93, 33 DCR 314 (January 17, 1986). |
| 2807.1 | Noise emanating from vehicle-mounted sound amplifying equipment, instruments, and transmitting devices shall be prohibited during the hours specified in this section irrespective of its compliance with §2701 of Chapter 27 of this subtitle. |
| 2807.2 | Vehicle-mounted sound amplifying equipment, instruments, and transmitting devices shall be prohibited in streets or on highways after 9:00 am., and between 4:00 p.m. and 6:30 p.m. |
| 2807.3 | Vehicle-mounted sound amplifying equipment, instruments, and transmitting devices shall be prohibited in streets or on highways after 9:00 p.m. and before 9:30 am. During all other hours their use shall be subject to the limitations of the noise disturbance standards, and the following conditions: |
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| SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977 D.C. Law 2-53, 24 DCR 5293, 5311 (December 30, 1977), as amended by §2 of the Noise Control Amendment Act of 1998, D.C. Law 11-181, 42 DCR 3727, 3729 (July 19, 1996). |
| 2808.1 | Except as provided under §2808.2, no person shall sell, offer for sale, or use, at any time, a leaf blower in the District of Columbia that has an average sound level exceeding seventy (70) dB(A) at a distance of fifty feet (50 ft.) from the leaf blower as measured in accordance with §2808.5 of this section. A leaf blower shall not be used at nighttime, between the hours of 8:30 p.m. and 8:00 am. in the District of Columbia. |
| 2808.2 | Upon the effective date of the District of Columbia Noise Control Amendment Act of 1992 ("1992 Act"), a person who sells, at retail, a leaf blower in the District of Columbia that exceeds the maximum sound level established in §2808.1 of this section must provide conspicuous notice to the consumer that the leaf blower may not be used in the District. |
| 2808.3 | A person who purchased a leaf blower prior to the effective date of the 1992 act. or who can demonstrate that the leaf blower was manufactured prior to the effective date of the 1992 Act, may use that leaf blower for the next five ~5) years. even though its average sound level exceeds the standard established in §2808.1 of this section, if its use is otherwise permitted by the Act. |
| 2808.4 | In addition to any other enforcement measure authorized under this act, the Mayor may inspect and, upon request, require a person to produce any leaf blower that is sold, offered for sale, or used. in order to determine compliance with this act. The Mayor shall use, to the extent possible, a manufacturers written sound level representations, design and use specifications, and approximate manufacture date, as appropriate, as aids to determine compliance. A person who in good faith relies on a manufacturers written sound level representation is not subject to penalties under § 13 for violation of the Act. |
| 2808.5 | Compliance with sound level requirements of this act shall be determined in accordance with a sound measurement testing standard for leaf blowers that has been deemed by the Mayor to be acceptable and adopted by regulation. |
| SOURCE: Section 2 of the District of Columbia Noise Control Amendment Act of 1992, D.C. Law 9-135, 39 DCR 4079 (June 12, 1992) 2809 [RESERVED] |
| 2810.1 | No person shall either sell or offer for sale a new motor vehicle or motorcycle that is to be registered for use upon the public highway that exceeds the maximum noise limits designated in the table of §2810.2 when measured at a distance of fifty feet (50 ft.) from the center line of travel in accordance with test procedures (as may be appropriate for the vehicle being tested) as prescribed in this subsection: | |||||||||||
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| 2810.2 | Each manufacturer, distributor, or importer, or his or her designated agent, shall certify in writing to the Mayor that all motor vehicles or motorcycles sold by him or her in the District comply with the provisions of the following table: | |||||||||||
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| SOURCE: Section 6 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5312 (December 30, 1977). |
| 2811.1 | No person shall operate a motorcycle, motor vehicle, or combination of motor vehicles of a type subject to registration under D.C. Code §40-103 (1990 RepI. Vol.) at any time, or under any condition of grade, load, acceleration, or deceleration in a manner that exceeds the maximum noise limits designated in the table of this subsection for the specified speed limits, measured at a distance of fifty feet (50 ft.) from the center line of travel by a sound level meter switched to the A-weighting network, in accordance with such nationally recognized test procedures as the administering agency may prescribe in accordance with §§2700.7 through 2700.9 of Chapter 27 of this subtitle. | |||||||||||||||||||||||
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| 2811.2 | Where a test procedure is used for which the noise levels prescribed in the table in §2811.1 would not be appropriate, the administering agency may establish and publish a table with the appropriate levels which are substantially equivalent to those established in that table. | |||||||||||||||||||||||
| 2811.3 | The public shall be provided with at least thirty (30) days to comment on all new standards and procedures before the standards are made final. | |||||||||||||||||||||||
| 2811.4 | For the purposes of this section, a motor truck, truck tractor. or bus that is not equipped with an identification plate or marking that bears the manufacturer's gross vehicle weight shall be considered as having a rating of ten thousand pounds (10,000 lbs.) or more if the unladen weight is more than nine thousand pounds (9,000 lbs.). | |||||||||||||||||||||||
| 2811.5 | No person shall operate a motor vehicle equipped with an engine speed governor that generates a sound level in excess of eighty-eight (88) dB(A) measured on an open site with a fast meter response at fifty feet (50 ft.) from the longitudinal center line of the vehicle when its engine is accelerated from idle to a wide-open throttle governed speed with the vehicle stationary, transmission in neutral, and clutch engaged. | |||||||||||||||||||||||
| 2811.6 | The administering agency may by regulation prescribe correctional factors to the limits prescribed in the table of §2811.1 of this section when measurements are made at a site that contains large reflecting surfaces in close proximity to the vehicle or noise measuring microphone. | |||||||||||||||||||||||
| 2811.7 | A violation of the adjusted levels as provided in §2811.6 shall constitute a violation l)f this section. | |||||||||||||||||||||||
| 2811.8 | In the event that it is impractical to obtain a measurement fifty feet (50 ft.) from the center line of travel, the actual distance shall be measured and one (1) of correctional factors in the following table shall be applied to the maximum permissible sound levels prescribed in the table of §2811.1 of this section. | |||||||||||||||||||||||
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| 2811.9 | For the purposes of this section, "soft test site" shall mean any test site having the ground surface covered with grass, another ground cover, or a similar absorption material for one-half (1/2) or more of the distance between the microphone target point and the microphone location point. | |||||||||||||||||||||||
| 2811.10 | For the purposes of this section, "hard test site" means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel, or similar reflective material for more than one-half (1/2) the distance between the microphone target point and the microphone location point. | |||||||||||||||||||||||
| SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C Law 2-53, 24 DCR 5293, 5313 (December 30, 1977). | ||||||||||||||||||||||||
| 2812.2 | No person shall use or operate a motor vehicle or a motorcycle having an exhaust system that has been modified or altered in a manner that will amplify or increase the noise emitted by the vehicle above the level permitted under §2811 of this chapter. |
| 2832.1 | No person shall modify or alter the exhaust system of a motor vehicle or motorcycle in a manner that will amplify or increase the noise emitted by the vehicle above the level permitted under §2811 of this chapter. |
| SOURCE: Section 6 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5317 (December 3D, 1977(. |
| 2813.1 | The Mayor shall conduct a study to determine the advantages and feasibility of requiring a noise inspection as a part of the annual motor vehicle inspection program. |
| 2813.2 | The study required by §2813.1 shall be submitted to the Council of the District of Columbia not later than six months (6 mos.) after May 15. 1978, and shall include the following: |
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| SOURCE: Section 6 of the District of Columbia Noise Control Act of 1977, DC. Law 2-53. 24 DCR 5293, 5316 (December 30. 1977( |
| 2899.1 | The meanings ascribed to the definitions appearing in §2799.1 of Chapter 27 of this subtitle shall apply to the terms in this chapter. |
| Secs. | |
| 2900 | General Provisions |
| 2901 | Equipment |
| 2902 | Sound Level Meter Calibration |
| 2903 | Equipment Settings |
| 2904 | Measurement Locations |
| 2905 | Measurement Procedures |
| 2906 | Data and Reports |
| 2999 | Definitions |
| 2900.1 | The purpose of this chapter is to establish standard testing procedures for measuring noise levels as prescribed under the provisions of Chapters 27 an(l 28 of this subtitle, the D.C. Noise Control Act of 1977 (D.C. Law 2-53, March 23,1978). |
| 2900.2 | The intent of this chapter shall be to do the following: |
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| 2900.3 | The measurement procedures provided in this chapter shall be reviewed periodically with reference to changes in the practice of noise measurement, instrumentation, District code, and legal precedent. |
| 2900.4 | The measurement of noise produced by motor vehicles in transit shall be prescribed by District and federal laws. Enforcement by police officers shall be provided by District law. |
| 2900.5 | Any situation in which the noise source cannot be demonstrated to increase the total noise at the measurement point by at least four (4) dB(A) over the ambient level shall be considered unmeasurable by the techniques described in this chapter. |
| 2900.6 | Any situation in which readings exceed the statutory limits, but are less than the statutory limit plus the grace limit, the noise shall be measured with more specialized or more accurate equipment prior to deciding whether the source is in compliance with the Act. |
| 2900.7 | When readings exceed the statutory limits, hut are less than the statutory limit plus the grace limit, consultation with qualified professional personnel shall be required. |
| AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved January 28. 1887 24 Stat 368, ch. 49. as amended: DC. Code §1-315 1962 Repl. Vol.): the §§422(6) and 422(11) of the District of Columbia Self Government and Governmental Reorganization Act: the District of Columbia Noise control Act of 1977. DC Law 2-53: as amended: Mayors Order 79-28 dated February 6. 1979. | |
| EDITOR'S NOTE: Chapter 32, Noise Measuring Test Procedures was renumbered Chapter 29. | |
| SOURCE: Final Rulemaking published at 28 OCR 1499, 1501 1505 (September28 1979). |
| 2901.1 | Sound-level meters and microphones shall meet Type II specifications per ANSI S 1.4-1971. |
| 2901.2 | Each sound-level meter shall be qualified annually. |
| 2901.3 | Each sound-level meter and microphone device shall meet the following specifications: |
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| SOURCE: Final Rulemaking published at 26 DCR 1499, 1501 (September 28, 1979). |
| 2902.1 | A battery check shall be performed immediately before and after a series of measurements at each test site. |
| 2902.2 | An external calibration shall be made immediately before a series of measurements at each test site and, if necessary, the meter shall be adjusted to read within two tenths (0.2) dB(A) of the level specified by the calibration unit. |
| 2902.3 | Measurements may be assumed to be valid if a calibration check after a series of measurements agrees to within five tenths (0.5) dB(A), otherwise measurements shall not be used. |
| 2902.4 | Calibration checks also may be made immediately after the series of measurements and at least one (I) time per hour during the measurement series to ensure continuing accuracy of the equipment. |
| SOURCE: Final Rulemaking published at 26 DCR 1499,1501 (September 28, 1979). |
| 2903.1 | In measuring impulsive or rapidly fluctuating noise, the following procedures shall be followed: |
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| 2903.2 | In measuring steady (including intermittent, slowly fluctuating, or quasi-steady) noise, the following procedures shall be followed: |
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| SOURCE: Final Rulemaking published at 26 OCR 1499. 1502 (September 28, 1979). |
| 2904.1 | Measurements shall be taken at the following locations: |
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| 2904.2 | The microphone shall be at least three feet (3 ft.) above the surface while measurements are being taken. except for motor vehicle stationary tests which shall be determined. |
| 2904.3 | The microphone orientation shall be as specified by the manufacturer. |
| 2904.4 | Measurements conducted on private property shall be taken with the permission of the owner or the owners representative, or under the authority of a search warrant or a court order. |
| 2904.5 | Outdoor measurements shall not be conducted in the presence of wind speeds greater than twelve miles per hour ~12 mph), nor in the presence of precipitation or fog. |
| SOURCE: Final Rulemaking published at 26 CCR 1499, 1502 (September 28, 1979) |
| 2905.1 | Unless impracticable. earphones shall be used occasionally while noise measurements are being taken as a periodic check to ensure that the meter is responding properly to the noise source being monitored. | ||||||||||||||||||||
| 2905.2 | In the case of steady (including intermittent, slowly fluctuating, or quasi-steady) noise, a measurement of the ambient noise level shall be required. | ||||||||||||||||||||
| 2905.3 | If the ambient noise level of steady noise is within ten I 10) OBA) of the source sound level, the corrections specified in the table of §2905.7 of this section shall be applied to determine the noise level due solely to the source being investigated. and the source shall be interpolated as necessary. | ||||||||||||||||||||
| 2905.4 | If the ambient level of steady noise is less than three (3) dB(A) from the noise source, no correction may be made and measurements cannot indicate true source noise level. | ||||||||||||||||||||
| 2905.5 | Before citing a violation of a noise limit which may not be exceeded regardless of duration, a two and five tenths (2.5) dB(A) grace shall be allowed to account for all possible meter inaccuracies. | ||||||||||||||||||||
| 2905.6 | Several measurements showing a violation shall be taken with at least twenty (20) seconds between each measurement. | ||||||||||||||||||||
| 2905.7 | The following table shall be used for making corrections to measured ambient sound pressure levels: | ||||||||||||||||||||
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| SOURCE: Final Rulemaking published at26 DCR 1499. 1504 (September 28, 1979). |
| 2906.1 | The operator shall be required to fill out all pertinent information on the noise data form for field measurements. |
| 2906.2 | For each set of readings, the following information shall be required: |
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| 2906.3 | If the ambient level is four to ten (4-10) dB(A) below the level found with the source operating, corrections shall be made to obtain the source noise level. The corrections shall be shown. |
| SOURCE: Final Rulemaking published at 26 DCR 1099. 1504 (September 28, 1979). |
| 2999.1 | The meanings ascribed to the definitions appearing in §2799.1 of Chapter 27 of this subtitle shall apply to the terms in this chapter. | ||||||||||||||||||||||
| 2999.2 | In addition to the definitions cited in Chapter 27, the following words shall have the meaning ascribed: | ||||||||||||||||||||||
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| SOURCE: Final Rulemaking published at 26 DCR 1499 (September 28, 1979). |