Virginia Regulatory Town Hall

Preliminary Draft Text

highlight

Action:
New regulation regulating noise emanating from licensed ...
Stage: NOIRA
 

3VAC5-50-230. Noise.

A.     The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:

(1)   "Commercial property" means property used for retail, service delivery, recreation, entertainment, government or similar purposes and not occupied as a place of human habitation.

(2)   "dBA" means the sound pressure level in decibels measured using the "A" weighting network on a sound level meter.  The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ration of the pressure of the sound to a reference pressure of 20 micropascals.

(3)   "Industrial or agricultural property" means property used for storage, warehousing, manufacturing or similar purposes or the production of crops or livestock and not occupied as a place of human habitation.

(4)   "Noise" means the intensity, duration and character of sounds, from any and all sources.

(5)   "Receiving property" means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property.

(6)   "Residential property" means real property where human beings reside and sleep.

(7)   "Sound level meter" means a device which measures sound pressure levels and conforms to the specifications of the American National Standards Institute.

B.     No licensee shall cause or permit noise on the licensed premises so as to create a sound pressure level which exceeds the limits set forth in the following table, when measured at a receiving property:

 

Type of Receiving Property

 

Residential

Commercial

Industrial and Agricultural

55dBA

60 dBA

65 dBA

C.    The following shall be exempt from the provisions of this section:

(1)   Sounds created by the installation or repair of essential utility services.

(2)   Sounds created by the discharge of firearms on authorized shooting ranges.

(3)   Sounds originating from temporary construction sites as a result of construction activity.

(4)   Sounds originating from agricultural activity.

(5)   Sounds created by warning devices not operating continuously for more than five minutes.

(6)   Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible.

(7)   Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety, or welfare of the community.

(8)   Sounds originating from motor vehicle racing events at authorized facilities.

(9)   Sounds originating from outdoor special events.

 

Statutory Authority

§§ 4.1-103,4.1-111, 4.1-222 and 4.1-225 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.