TECHNICAL ACOUSTICAL ISSUES TO BE CONSIDERED IN NOISE REGULATION Gary W. Siebein FASA, FAIA Professor of Architecture University of Florida School of Architecture gsiebein@siebeinacoustic.com www.siebeinacoustic.com Robert M. Lilkendey, INCE Associate Principal Siebein Associates, Inc. Consultants in Architectural Acoustics rlilkendey@siebeinacoustic.com TECHNICAL ACOUSTICAL ISSUES TO BE CONSIDERED IN NOISE REGULATION prepared by Gary W. Siebein FASA, FAIA Professor of Architecture University of Florida School of Architecture gsiebein@siebeinacoustic.com www.siebeinacoustic.com Robert M. Lilkendey, INCE Associate Principal Siebein Associates, Inc. Consultants in Architectural Acoustics rlilkendey@siebeinacoustic.com ABSTRACT The basis of noise regulation in communities is to maintain healthful, productive environments for people to live, work, play, learn and prosper together. Noise ordinances are usually developed to provide maximum sound levels that can be emitted from one property or land use type to another. The sound level limits are often prescribed using various physical measurements of sounds using a sound level meter or some type of qualitative assessment of the noise such as whether or not it is “plainly audible,” “loud,” “raucous,” etc. This paper will review basic acoustical terminology and concepts that attorneys and planners who regulate the sonic environment should be aware of; the relationships between sound measurements and the perception of loudness by people; the effects of noise on human health and hearing as criteria for noise regulation; standards from ANSI, ASTM and others that proscribe acoustical measurement techniques; summarize general types of acoustical regulations in noise ordinances used in various communities; and discuss the applicability of the various types of ordinances for specific noise issues in communities. Case studies will be presented for amplified music entertainment noise; industrial noise; transportation noise of various types; and mixed-use district noise issues. Additionally, an emerging field of study called community soundscape design will be discussed. Soundscape methods allow communities to not only regulate excessive noise propagation after plans are executed and buildings are built, but to consciously design for desirable acoustical qualities as they grow, redevelop and emerge; and to aurally preview and discuss the community soundscape with all involved stakeholders as one of the considerations in the public planning process. 2 I. INTRODUCTION Le Corbusier, a famous architect who was one of the founders of the Modern Movement in architecture, drew the sketch shown in figure 1. to illustrate the dual potential of sunlight to be an absolute delight, on one hand, when it is brought into buildings to dramatically illuminate a piece of sculpture or when shafts of daylight enter a beautiful cathedral creating a sense of spiritual space; and on the other hand, to be a disaster when a large building is overheated in the summer creating an unlivable space. The same sketch can, by analogy, relate to the propagation of sounds in a community. What one person hears as music is viewed as intolerable noise by another. Therefore, sound, like sunlight, can be a source of beauty when one hears an orchestra reach a dramatic crescendo at the end of a Mahler symphony or when an actor on a stage speaks a soliloquy into the silence of an awe struck audience. Sound can also be a source of great discomfort or annoyance when deep, bass thumping sounds from a car stereo shake an entire line of traffic for a seemingly unending period of time while stopped at a traffic light. Figure 1. Sketch of the pain and pleasure of sunlight by Le Corbusier. II. HEALTH EFFECTS OF SOUND IN THE COMMUNITY This is one of the reasons that communities develop noise regulations. There are often 4 standards that are used as the acoustical rationale for noise ordinances. First are preventing sound levels that cause hearing damage. The levels contained in the Occupational Safety and Health Administration’s (OSHA) regulations are the usual levels cited. These are summarized in Table 1. While hearing loss is well documented in the literature as one of the primary health effects experienced by people exposed to noise in the work place, there is also a substantial body of research that deals with identifying annoyance, speech interference and other less damaging effects of noise related to hearing and comfort. The World Health Organization (WHO) has identified five primary categories into which the effects of noise on people can be grouped. 1. 2. 3. 4. 5. Temporary or permanent hearing impairment. Interference with communication Sleep disturbance Temporary and permanent impact on the physiological functions of people Social behavioral and annoyance effects. 3 A discussion of the physiological effects of noise should consider the goal of maintaining a healthful environment for high quality living and comfort. The presence of disease or illness is identified when an irregularity of physiological functions is found to require treatment. This is determined by comparing measured values of physiological indicators to the mean and standard deviations of a “normal” population. If a continuum is drawn from a diseased state requiring treatment to a low quality of life standard to a high quality of life standard, the average for the “normal” population with its standard deviation will overlap the beginning of the standard deviation for the part of the population in jeopardy. High quality acoustical environments where people do not experience physiological or psychological symptoms and a relatively high degree of acoustic comfort is noted to have an LAeq of 30-35 dBA and Lmax of 45 dBA. Annoyance, sleep interference and other psychological and physiological symptoms begin in the 55-65 dBA range. People living in environments with an LAeq < 75 dBA are considered to be in the highest extreme of a reasonably healthful environment. Jeopardy for symptoms related to noise begins at 75 dBA. Hearing loss occurs in environments with an LAeq > 85 dBA. Extra aural overstrain occurs at Lmax > 99 dBA. Table 1. Summary of OSHA noise levels and exposure time when hearing protection devices are required in work places. Duration Per Day, Hours Sound Level dba Slow Response 8 90 6 92 4 95 3 97 2 100 1½ 102 1 105 ½ 110 1/4 or less 115 The second through fifth concerns are sound levels where health effects other than hearing damage can occur. There is much debate about what sound levels contribute to health effects. There is also an on-going research effort to more clearly and definitively identify these sound levels. 4 Figure 2. Diagram of the mean and standard deviations of healthy and diseased populations with corresponding sound levels. A. Temporary or Permanent Hearing Loss Working in high levels of noise gives rise to the possibility that people may suffer noise induced hearing loss. There is a considerable variability in the human sensitivity to noise and resulting hearing impairment. Damage risk criteria have been developed to assess the probability that a noise-induced population will suffer hearing losses. It is generally agreed that damage risk is negligible in environments with 8 hour sound levels < 75 dBA. Thresholds published by the World Health Organization are 70 dBA average sound levels over a 24-hour time period with maximum sound levels < 110 dB for industrial and commercial activities for 5 continuous noise and a peak sound level of 140 dB 100mm from a person’s ear for impulsive sounds. In the work place in the United States, OSHA, the Occupational and Safety and Health Administration, has requirements that a hearing conservation program be administered in environments where the 8-hour sound level is > 85 dBA and hearing protection devices be worn in environments > 90 dBA. OSHA also recommends that people be exposed to impulsive sounds < 140 dB. B. Interference with Communication There is a substantial body of literature that has explored the ways in which verbal communication is hindered in noisy environments. Metrics such as speech intelligibility (SI) and speech interference levels (SIL) are among the many indices that have been developed to relate how well people can hear and understand words in the presence of noise. Sound level limits recommended to one community with a large and active entertainment district were developed in part to allow measurable “just reliable communication” among law enforcement officers in the streets. Other effects of noise on communication include fatigue as one attempts to listen for periods of time in the presence of noise; concentration problems, decreased work capacity and misunderstandings. Psychologically these effects are sometimes manifest in a lack of self confidence, irritation and uncertainty about what to do. Maximum distances for “just-reliable” communication with different voice levels can be estimated from metrics in the literature (Handbook of Acoustical Measurements and Noise Control, 3rd Edition by Cyril M. Harris and Noise and Vibration Control, Revised Edition by Leo L. Beranek). “Just reliable communication” is the ability for people to just barely communicate with each other in noisy situations. The values in the table for A-weighted sound levels of 65 dBA and higher show that for effective communication between officers, even when shouting, they can not be across a roadway from each other. This means that if an officer is trying to arrest someone causing a disturbance and a fellow officer sees him about to be attacked from the rear, shouts of warning can not be heard. This puts the officer in a potentially life threatening situation. “Just reliable” communication with raised and very loud voices across a typical street can occur at sound levels of 55-65 dBA. 6 Table 2. Maximum distances for “just-reliable” communications at different noise levels (Harris, 1991, p.16.10). NRC* = No Reliable Communication C. Sleep Disturbance Noise from community noise sources such as outdoor amplified music, transportation and industrial operations may impact residences where people are sleeping. The World Health Organization recommends interior sound levels (Leq) of 30 dBA during nighttime hours. An Leq is the level of a steady sound that would have the same A-weighted sound energy as a time varying sound over the same time period. The Organization for Economic Cooperation provisionally recommends Leq levels of 35 dBA for light sleep and 50 dBA for deep sleep. The European Communities Commission recommends interior nighttime noise levels of 30-35 dBA with maximum peak levels of 45 dBA to minimize sleep disturbance. Griefahn found that the threshold for people awakening during the night was a peak noise level of 60 dBA. Electroencephalogram or brain wave (EEG) readings begin to show effects of peak noise levels as low as 37 dBA. It takes people 2-3 times longer to fall asleep with peak noise levels > 60 dBA than in a continuous background noise of 40 dBA. People will wake up at peak sound levels of 60 dBA and will stay awake longer once they awake as the noise level increases above 60 dBA. Heart rate increases and vasoconstrictions occur at peak noise levels between 60 and 85 dBA. Thresholds for physiological reaction to nighttime noise begin to occur at peak noise levels of 50 dBA for children, 55 dBA for middle aged and older people and 60 dBA for young adults. 7 Table 3. Summary of sound levels related to sleep disturbance and quality of life. Agency or Author Design Criteria HUD, FAA LDN < 45 dBA ASHRAE NC 25-35 (32-42 dBA) WHO Nighttime Leq < 30 dBA Organization for Economic Cooperative & Development Leq < 35 dBA Light Sleep Leq < 50 dBA Deep Sleep European Community Commission Nightime Leq < 30-35 dBA Lpeak < 45 dBA Griefahn and Osada Peak Levels <60 dBA D. Temporary and Permanent Impact on Physiological Functions There are three general types of physiological responses to noise. 1. Adaptation. This usually occurs at low doses where one may elect to close a window for example when they hear unwanted noise. 2. Reversible damage which disappears when the noise stops. 3. Non-reversible damage which usually results from severe exposure and usually results in hearing loss. The adaptive responses include muscle activities such as startle responses and increased muscle tension in response to the onset of sudden, high intensity sounds. These effects diminish with repeated exposure to the noise stimulus. The evidence of epidemiological effects including change of blood pressure, increase in cholesterol, appearance of mental anxiety and depression at sound levels between 5075 dBA is not clear and somewhat ambiguous. The evidence becomes much more clear at higher sound levels. According to Jansen (1998) cardiovascular effects in adults are the most visible of the physiological effects of noise. These include changes in heart rate and reduction in the diameter of blood vessels (vasoconstriction) in peripheral regions (mostly the skin) and increases in blood pressure. Respiration is accelerated and oxygen consumption is increased in noise. There is a reduction in salivation and intestinal action. Modifications of the amount of secreted gastric juices and their composition can lead to intestinal irritation and possibly stomach or 8 intestinal ulcers. Endocrine system effects are less visible than cardiac, respiratory and digestive effects, but they are the first responses to noise and cause other effects. E. Social, Behavioral and Annoyance Effects Annoyance has been defined as a feeling of displeasure with any agent or condition known or believed by an individual or group to be adversely affecting them. Exposure to noise has been shown to bring about changes in mood, everyday behavior and other social indicators. Among the negative emotions identified by people exposed to noise are anger, disappointment, dissatisfaction, withdrawal, helplessness, depression, anxiety, distraction, agitation, and exhaustion. Annoyance has been shown to be a complex response to the level, duration, frequency (pitch), and time characteristics of noise sources. It is also related to a number of nonacoustical issues as well such as the degree of control one has over the noise source, the association one has with the noise source and one’s previous experience with noise. Glass and Singer (1975) found that exposure to unpredictable and uncontrollable high intensity noise often leads to degradation of the quality of tasks being performed, impaired ability to resolve cognitive conflicts and lowered tolerance for frustration. Geen and O’Neal (1969) found that aggression increased to people exposed to high level noise. Cherek (1985) found that smoking increased as noise levels increased in a laboratory study of noise exposure. F. Summary of Health Effects of Noise on People Studies point to significant cardiovascular effects including higher blood pressure and increased incidence of hypertension in people exposed to high noise levels. Stress reactions indicated by increased production of hormones have also been clearly associated with noise exposure. A variety of psychological effects of noise including increased smoking, anger, depression, anxiety and agitation have been observed. Working and/or living in high noise environments brings with it decreased work capacity, fatigue and misunderstandings as part of the normal consequences of the difficult environment. 9 III. GENERAL ISSUES TO BE CONSIDERED DEVELOPING A NOISE ORDINANCE IN The goals of noise regulations should be determined with the full participation of the community. Noise ordinances are often developed in response to limiting the amount of noise that can be propagated across real property lines. Therefore, the goal of the regulations is to define what can not be done. There are few noise ordinances, comprehensive plans or other regulations that attempt to define the positive qualities of the sonic environment. In other words, few if any communities try to define what sounds should be preserved, enhanced or deliberately designed into their fabric. This is the subject of a relatively new field of environmental acoustics called the soundscape or acoustic landscape. Acoustical consultants, urban planners, community leaders, developers, residents and other stakeholders can actually design, model and simulate aural qualities of communities that are being developed. Statements of sonic qualities that should be encouraged and/or enhanced can be made in addition to those sounds that are necessary to limit. A determination should be made involving all stakeholders in participatory work shops of what types of noise are to be regulated. This is especially important where a maximum sound level limit is contained in the noise ordinance. There are some sounds that are necessary for the normal life of the community that must be maintained while there are other sounds that cause disturbances and are necessary to limit even though they occur at the same level. For example, a rural community may want to allow agricultural equipment such as harvesters, whose noise can not be reduced in a practical manner, to operate without being in violation of the law while they may desire to limit sounds at the same level produced by noise from an industrial operation or teenager’s boom box. The acoustic landscape or soundscape varies with location in the community. There may be some areas of a community where specific noise sources are necessary to regulate while there maybe other areas where the same noise sources or levels are not a concern. For example, in redeveloping cities and new urbanist communities where mixed-use zoning is encouraged, noise from outdoor amplified entertainment may propagate into nearby by residences located above or next to the entertainment establishment. In communities that segregate different land uses, residential occupancies may be spatially separated from commercial and entertainment venues and special acoustical provisions are not necessary. Sometimes multiple standards are used because one sound level limit for any and all sources can not address all noise concerns. Therefore, several standards may exist to attempt to deal with individual noise issues. For example, many ordinances have separate provisions for air-conditioning equipment noise when the equipment is operating properly. 10 Time duration of measurements-instantaneous, averaged, maximum, percentile levels. The time duration and sampling of the data should be determined based on the types of sound being measured. Most noise ordinances require sound levels to be averaged over periods of time. The time averaging tends to provide lower sound levels for acoustical events that vary rapidly in loudness such as amplified music, gun shots, loud impacts from loading dock activities and other short duration sounds. Sound pressure level is defined as the instantaneous variations in pressure attributed to the sounds. All sounds vary over time in loudness. A concept sketch of a sound wave showing the difference between a peak and average sound level is shown in figure 3. An average sound level or an equivalent continuous sound level averages the variations of sound pressure (not decibels) in periods of time specified in the ordinance. The equivalent continuous sound level or Leq is defined as the sound level that would result if a series of timevarying sounds occurred at a constant level for the same time period. The Leq is less than the peak sound level which is defined as the peak or short term maximum level reached by the sound wave sampled in a very short time period. The Lmax or maximum sound level is the highest sound level reached using the fast response on the sound level meter. The Lmax is usually 10-15 dB less than the peak sound level for the same acoustical event. The Lmax is often 3-10 dB higher than the Leq for time varying sounds such as music. The Leq for a given sound will usually decrease as the averaging time increases. Therefore, when Leq acoustical measurements averaged over 5, 10, 30 or 60 minute time periods are made, disturbing sounds are often difficult to distinguish from ambient sounds and the complaints received by residents are not substantiated by the measurement procedure selected. Percentile sound levels are sound levels that are exceeded for percentages of the measurement time. For example an L10 is the sound level exceeded for 10 percent of the measurement time. Similarly L1, L5, L50, L90 and L95 are the sound levels exceeded for 1%, 5%, 50%, 90% and 95% of the measurement period respectively. The L1 or L5 are often used as approximations of the loudest sounds that occur during the measurement period. The L50 is the sound level exceeded 50% of the time. This metric is very not sensitive to time varying sounds. The L90 and L95 are thought to approximate the lower level sounds that occur in a neighborhood. Figure 3. Comparison of peak versus average sound levels 11 Standards and calibration. The American National Standards Institute (ANSI) produces standards that are widely cited governing the design of sound level meters, acoustical terminology, the design of the measurement methods such as filtering, sampling, etc. and the operation of microphones. The American Society for Testing Materials (ASTM) publishes standards on measurement protocols including developing a measurement plan, the use of specific sound measuring equipment, metrics that can be used for different situations, the use of wind screens, environmental conditions when measurements can occur, the documentation of acoustical and environmental data pertinent to the measurements and other factors that enforcement personnel and legal staff should be aware of. General practice requires that meters are calibrated in the field before and after each use to confirm accurate performance. Meters and calibrators are usually sent to the factory when problems arise and once every two years for calibration in current practice with digital meters. Many older noise ordinances required yearly calibration in the factory which was appropriate when analog meters were used that were more electrically and mechanically volatile than digital meters in current use. Time constants and sampling rates. Sound level meters can be set with different time constants and sampling rates. A slow response on a sound level meter “weights” the response of the meter to one second. A fast response on the meter “weights” the response to 1/8 second. The fast response meter can capture events that vary rapidly in time more accurately than a slow response. Sounds that occur in very short time periods such as the metal clanging of a dumpster being emptied, a gunshot, or a ramp clanging on a loading dock floor are best measured by their peak or maximum value. Many sound level meters have peak detectors that allow the true peak of the sound wave to be recorded. Digital sound level meters can sample up to 44,100 times per second. This is basically the same sampling rate at which compact discs and digital video discs are recorded. This allows the most accurate representation of time varying signals. It also allows the data to be played back as .wav files so the actual sounds recorded can be “heard” as they were measured as opposed to just being represented by a number. This likely represents the way of data recording and analysis in the future. Corrections for background or ambient noise. All noise disturbances occur in the presence of a background or an ambient sound level. According to ANSI standards, the ambient, background and residual sound levels are three distinct quantities. The ambient sound level is the combination of all sounds including the source of interest at a particular location. The background sound level is the sound level attributed to all sources at a location except the source of interest. The residual sound level is the sound level remaining after all identifiable sound sources have been identified and removed or subtracted from the measurement. In other words, there may be cars passing on a road while a measurement of a disturbing noise is being made. ASTM standards require that mathematical corrections be made to account for the contribution of the background sounds to the measurement. This is done by one of three 12 methods. If possible, a measurement of just the background sound is made. Immediately after or before, a measurement of the combined background sound and disturbing sound is made. The second method is to take measurements of the background noise in moments of “quiet” between times when the disturbing sound is being made. The third method is to take average background sound levels in different districts of a community that are applied to the source sound if needed. If the background sound levels are 10 dB or less than the disturbing sound, no corrections are required. The corrections can be made by use of a table or graph of values based on the difference between the background sound level and the disturbing sound level or by use of a computer algorithm to make the corrections automatically as part of the data analysis process. Data acquisition, storage and presentation. Digital sound level meters can log data over the measurement period, store it to internal memory and allow it to be saved, retrieved and graphed at a later time. Analog sound level meters require the operator to manually write down the measurement results on a piece of paper. The decision as to which type of meter to use is largely determined by the level of sophistication, training and comfort enforcement personnel have with using sound level meters and computer software. Hand writing data that is varying instantaneously is a difficult task for someone to undertake especially when a number of spectators (usually the complaining parties) may be present. Most sound level meters will either have an analog needle that moves across a numerical dial on the face of the meter or a digital screen where constantly varying sound levels are flashed on the screen once or twice per second. An officer must record the values of some type of “eyeballed” average of the values on a sheet that may ultimately be entered as evidence in a court proceeding. On the other hand, the time it takes for one to become familiar with a complicated technical instrument as well as data analysis software especially when it is infrequently used may also be a difficult task. However, the digital meter provides a time and date stamp with the data as well as a permanent record of the sound levels that were measured that can be printed or graphed on a computer, and may stand up better in court. Accuracy of the sound level meter. There are two basic types of sound level meters that are usually used for community noise enforcement. A Type 2 meter has an accuracy of ±1.5 dB and is useful for general enforcement of non-critical cases. The 3 dB tolerance of a type 2 meter means that essentially 50% of the sound energy may not be accounted for in the measurement. A Type 1 sound level meter has an accuracy of ±1.0. dB. This is also called a precision sound level meter. This is the type of meter that is most widely used by acoustical consultants. Character of sounds - tones, impulse or impacts. Noise ordinances often include “penalties” for sounds that do not have uniform time and pitch characteristics. A tone is a sound with frequency components or pitch that stand out relative to the other adjacent frequency components of the 13 sound. A back-up beeper on a tractor is an example of a sound with a strong tonal characteristic that makes it very audible to people. Large fans, mufflers on motorcycles and certain types of music all have characteristic tonal components that make them more noticeable at lower levels than continuous, broad band sounds. Impulses are short duration sounds that rise to a very high peak and then rapidly fall to lower levels. Gun shots are examples of impulsive sounds. Impact sounds are sounds that result from the impact of two hard objects or of one object on another. Footsteps on hard surface floors, hammers striking nails or ramps clanging on a loading dock are examples of impact sounds. These sounds tend to be more noticeable and more annoying than continuous sounds such as water flowing because of the rapid rise of the sound from relative quiet. Enforcement personnel. Law enforcement officials and building officials are the two predominant sources of enforcement personnel in most communities for noise ordinances. The advantage of using law enforcement personnel is that they are already on the municipal payroll. Many communities have a relatively small number of noise complaints. The officers can respond to these complaints at all hours of the day and night as part of their normal duties. This has the disadvantage that many law enforcement officers or building officials do not have specialized training in noise measurement and environmental noise. They are sometimes unsure of applicable standards and are not confident in their data acquisition and interpretation of the data. Sometimes specialty consultants are engaged by local governments to take acoustical measurements and respond to citizen complaints. Training and equipment used for enforcement. The level of training, experience and day-to-day activities spent by enforcement personnel involved with noise measurement is essential to build defensable cases. Sound level meters that are relatively simple to use, but sophisticated in operation can be purchased. Effective enforcement will demand on-going training and experience by more than 1 officer in most cases. “Undercover” acoustic enforcement. In many areas, potential violators such as night clubs, people with car sound systems and others may violate the law and/or cause complaints. When a uniformed officer arrives and points a sound level meter at the source, a mute switch or volume control can be quickly activated and evidence to support a citation is effectively destroyed. It is possible to use equipment that can be concealed in normal clothing to make enforcement actions less visible if desired. Special permits. There are some events that may contribute to the social, economic, religious or cultural climate of the community that residents and businesses may desire to allow periodically. These may include special festivals, concerts, sporting events and other activities that can not meet noise regulations so exceptions are granted often times on a permit basis. 14 Link noise ordinance requirements with planning and zoning requirements for new and proposed projects. Most noise ordinances are written on a complaint driven basis. In other words, citizens call an enforcement agency when they perceive that a violation occurs. The enforcement agency investigates and determines if a citation is warranted. This occurs after a building designed to conduct a noisy activity has been built and occupied. It is possible to conduct acoustical analysis of proposed projects to determine if noise mitigation design will be required before a project is actually constructed. Therefore, requiring a noise impact study for prospective projects as part of the planning process provides developers or building owners with knowledge before construction that a noise violation may occur and allows them to design methods to reduce noise propagation into the community during construction. Link noise ordinance compliance and noise impacts with building permits and Certificates of Occupancy (C.O.) for new buildings. It is also possible to require an acoustical verification test prior to issuing a C.O. so the community is protected from potential noise sources. Post occupancy noise impact studies can also be conducted by qualified consultants to verify conformance for new projects with noise ordinance provisions or otherwise enforcement will only occur through a complaint process. IV. ACOUSTICAL TOPOLOGIES OF NOISE ORDINANCES SURVEY RESULTS A sample of 35 noise ordinances were reviewed from cities, towns and counties across the United States as well as the World Health Organization community sound level recommendations to establish a database for our office to work from in providing acoustical recommendations to communities regarding noise ordinance requirements. The types of ordinances; overall and octave band sound level limits found in the ordinances; plainly audible measurements found in the ordinances; the location of measurements required in the ordinances; restrictions on commercial music or amplified music found in the ordinances; other special provisions of the ordinances; and a discussion of the major points relative to developing a noise ordinance are presented in the sections below. A Overall Sound Level Limit Ordinances A noise ordinance that limits the propagation of sound from one property to another based on the measurement of the overall sound level at the source or receiving property is called an Overall Sound Level Limit Ordinance. There are two basic types of Overall Sound Level Limit Ordinances: one that is based on the overall A-weighted sound level and one that is based on the overall C-weighted sound level. Two thirds (67%) of the noise ordinances reviewed had an overall sound level limit. Only 6 of the 35 ordinances (16%) had the overall sound level limit as the only means to limit noise. There are also subtle differences among noise ordinances with quantitative sound level limits as to the duration of the measurement, whether it is a short term sample or a longer term level or an equivalent continuous sound level, etc. A review of these details is not included in this document. Overall A-weighted sound level limits. The most typical type of noise ordinance is one that limits the propagation of sound from one property to another by specifying A-weighted sound level limits that can not be exceeded. This type of ordinance usually has lower limits at residential property lines than at commercial property 15 lines. It also has lower limits for nighttime hours than for daytime hours. An A-weighted sound level is one to which an A-weighting filter has been applied. The A-weighting filter approximates the response of the human ear to lower and medium level pure tone sounds. It deducts significant amounts of sound energy from the low frequencies. This presents a problem with regard to equipment noise and bass musical sounds because the bass or lower frequency sounds are decreased by substantial amounts when using the A-weighting measurement process. This means, for example, that ambient noise on the street or in a residence on the A-scale may be measured as just about the same sound level with and without disturbing levels of bass music being played. The bass music is easily heard by people listening, but it is not recorded by an A-weighted sound level measurement. Not quite two thirds of the noise ordinances reviewed (24 of 35 or 68%) had an overall A-weighted sound level limit. Only 14% (5 of 35) had an overall A-weighted sound level as the only method of limiting noise. 10 Flat 0 C-Weighted -10 -20 A-Weighted -30 -40 -50 31.5 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz 1/3 Oc tave Band Center Frequenc y (Hz) Flat C-Weighted A-Weighted Figure 4. Comparison of A-weighted, C-weighted and Flat weighted Sound Spectra. Figure 5. Comparison of A-weighted and C-weighted Sound Levels at a restaurant. 16 Overall C-weighted sound level limits. A C-weighted sound is one to which a C filter has been applied. Very small amounts are subtracted from the low frequencies and the high frequencies in an attempt to simulate the response of the human ear to fairly loud sounds. Only one ordinance was found in our sample of 35 ordinances that specified overall C-weighted sound level limits. Interestingly, this ordinance was enacted in response to the advice of a consultant as a way to account for the low frequency sounds found in deep, bass music. The ordinance was recently repealed in favor of a “plainly audible” ordinance due to difficulties measuring the disturbing music relative to the ambient noise. B. Octave Band Sound Level Limits Some noise ordinances adopt octave band or one-third octave band sound level limits to define a disturbing noise. An octave band is a group of frequencies where the highest frequency is twice the lowest frequency. For example, the octave band centered at 250 Hz, which is approximately middle C on a piano, would extend from 177 Hz to 355 Hz. A one-third octave band is a group of frequencies that is only one third of an octave wide. The one-third octave band centered at 250 Hz would extend from 224 Hz to 282 Hz. All of the ordinances in our sample (20% or 7 of 35) that had octave band sound level limits also had overall A-weighted sound level limits. All but one of these ordinances also had “plainly audible” language as well, particularly for amplified musical sounds. Octave band or one-third octave band sound level limits provide the most precise way to measure the disturbing sounds using typical equipment of modest cost. It is possible to present graphs, as included in this document showing several sounds compared to the ambient in a way that demonstrates why sounds with similar overall levels can be heard as disturbing due to differences in the frequency content or pitch of the sounds. In other words, why the bass sounds heard at a private residence shown in figure 3 which were only 1 dBA above the ambient, but actually have 10-15 dB more energy in the low frequencies might be disturbing. This level of quantitative discrimination requires highly trained personnel to record and interpret the results of the measurements. However, it does provide suitable documentation for enforcement. The octave band or onethird octave band measures also provide enough information to a consultant to prescribe remedial measures to reduce the propagated sound. C. Maximum Sound Level Relative To The Ambient Four (4) of the ordinances (10% of the sample) contained provisions to limit the maximum sound level to 5 dBA above the ambient level while one ordinance limited the maximum sound level to 10 dBA above the ambient. Several of these ordinances provided a table of ambient noise levels for different districts within the community in case an enforcement officer could not make a reasonable measurement of the ambient noise level at the time and place of the complaint. Several of these ordinances also had tables of octave band sound levels in case one had to make octave band measures to capture the disturbing sound. 17 These ordinances recognize that as the sound level decreases in a community during the night, people will be disturbed by sounds that might not be annoying during daytime hours. The disadvantages of a maximum sound relative to the ambient are listed below. 1. It requires two measurements to be made: one of the disturbing sound and one of the ambient sound. 2. It requires a comparison to be made between the two measures at the site of the violation. The advantages of this method are listed below. 1. It provides a sliding reference scale that accurately represents the relative sounds of the environment in which a disturbing sound is made. 2. It relates to the magnitude of the disturbing sound above the ambient at the time and place of the complaint. Therefore it is an accurate representation of the quantitative difference heard by the people in the vicinity. This type of ordinance is often most effective if it is measured on an octave band or onethird octave band basis. D. Plainly Audible Ordinances The second most typical form of noise ordinance is one that limits the propagation of sound to levels that are plainly audible to a person of normal sensibilities at a certain distance from the sound source or at the property line of the receiver. Sixty percent (21 of 35) of the noise ordinances surveyed included plainly audible provisions. Twenty two percent (8 of 35) had the plainly audible provision as the only method of limiting noise with no provisions for quantitative sound level limits. These noise ordinances are especially used for amplified sound and other sounds that are difficult to measure, but which are often the source of complaints within communities. Many communities enact “plainly audible” noise ordinance requirements particularly for amplified music because of the inherent difficulties in measuring short duration, bass, thumping sounds by enforcement personnel who are not trained acoustical consultants and who have sound level meters that only measure overall A-weighted and C-weighted sound levels. The experience of many enforcement personnel is that people will hear sounds that are disturbing, particularly at night, and file a complaint or call the police. When an officer arrives and measures the sounds with an overall A-weighted sound level meter, cars passing on the street, people talking and even insects may create louder levels than the sounds upon which the complaints are based, particularly if they are bass sounds. Furthermore, the overall A-weighted sound levels can be very low, yet still have enough bass sound to be very disturbing. E. Nuisance Ordinances Some communities enact nuisance ordinances that prohibit sound levels deemed to be “loud, raucous, or otherwise disturbing the peace, quiet, repose,” etc. of the community. Approximately one-third (37% or 13 of 35) of the noise ordinances surveyed included a provision for declaring excessive sound as a public nuisance. Only one of the ordinances 18 had the nuisance provision as the only method of limiting noise. The enforcement of these ordinances is based on a qualitative assessment of the nature of the sound. F. Multi-Tiered Or Multiple Method Noise Ordinances A popular form of noise ordinance found in our sample was a multi-tiered or multiple method noise ordinance. A multi-tiered or multiple method noise ordinance typically had a combination of plainly audible language with A-weighted sound level limits as well as a series of specific prohibitions. This provides flexibility in the enforcement of the ordinance by allowing simple cases to be cited with the use of an A-weighted level, amplified music to be limited by the plainly audible requirement, and other cases to be cited based on more detailed octave band levels. Approximately 18% of the ordinances (7 of 35) had both overall A-weighted sound level limits and octave band limits. Approximately one-third (13 of 35) of the ordinances had overall A-weighted sound level limits and plainly audible provisions. Approximately 13% (5 of 35) had overall Aweighted sound level limits and octave band limits and plainly audible provisions. Seventy percent (26 of 35) of the ordinances surveyed had more than one method to limit sound. Twenty nine percent (11 of 35) had more than two methods to limit sound. Generally, in a multiple method ordinance, there is language stating that the most stringent requirements prevail. Location of Measurement. The ordinances in our sample were split between measurement at the receiving property (approximately 75% of the ordinances) and measurement at the source property (approximately 25% of the ordinances). The advantages of using the source property line as the point of enforcement are listed below. 1. The complainant does not have to be identified. 2. Law enforcement personnel do not have to enter a private property or residence to enforce the ordinance. 3. Club owners and others can self-regulate sounds made at their establishments by measuring sound levels immediately outside their place of business. The disadvantages of using the source property line as the measurement location are listed below. 1. The sounds measured are only loosely correlated with those heard by residents. 2. Clubs can reduce the sound levels of amplified music systems as they see enforcement officials approaching. 3. Unusual sound propagation paths such as sounds reflecting off a lake or large building are not taken into account which may exist between the source and particular residences. 4. The effects of low frequency bass energy being amplified by resonating the building structure of the receiver are not taken into account. Sound levels are often found to be higher inside the homes than they were outside due to resonating walls, roofs etc. within the home when low frequency noise is the disturbing sound. 5. The complainant does not have to be identified. 19 G. Specific Exceptions To The Noise Ordinances The following items were excluded from at least one of the noise ordinances reviewed. The number on the right indicates the number of ordinances reviewed from which it was excluded. Cars on a public right-of-way 4 Parks and playgrounds 1 Trucks on a public right-of-way 4 Church bells or chimes 3 Aircraft 4 Licensed game hunting 1 Motorboats 1 Target shooting 1 Emergency warnings 6 Sound from commercial use 1 Emergency work 6 Sounds from industrial use 1 Fire alarms or burglar alarms 2 Sounds from professional use 1 Construction noise 4 Sounds from business use 1 Lawn care & mowing 4 Soil cultivation 2 Tree maintenance 3 Refuse collection (daytime only) 2 Power tools (daytime only) 3 Tractors 1 Street sweepers 1 Mosquito foggers 1 Lowing of cattle 1 Clucking of fowl 1 Neighing of horses 1 Baying of hounds 1 Sound of reasonable cared for domestic animals 1 Unamplified human voice 4 Cultural, sporting, ceremonial or traditional 6 Performances at a public amphitheater 1 Performances at an outdoor park 1 Non-commercial public speakers 1 20 H. Specific Prohibitions In The Noise Ordinance The following items were specifically prohibited by at least one of the noise ordinances reviewed. The number on the right indicates the number of ordinances reviewed in which it was prohibited. Steam engines, internal combustion engines, etc. without silencers 1 Motorcycles, motorboats, motorboats without mufflers 1 Motor vehicles not traveling on a public right-of-way 1 Out of repair motor vehicles 1 Car horns or other devices not signaling an emergency 4 Places of entertainment outside or partially enclosed 3 Loudspeakers or public address systems or amplified music (when “plainly audible”) 4 Radios, televisions, etc. (“plainly audible” or causing a disturbance 4 Receiver sets, musical instruments, etc. (when plainly audible or > 65 dBC at night) 2 Radios in cars (when “plainly audible) 3 Radios in shopping malls, streets, etc (audible to others) 1 Outdoor entertainment areas (when plainly audible) 1 Animals or birds (howls, barking, meows, squaks, etc) that create a disturbance particularly at nighttime 5 Construction or demolition that causes a disturbance at night 3 Loading or unloading (including garbage) at night 2 Private emergency signaling devices (alarm, siren, whistle, etc) 3 Power tools or lawn mowers at night 2 Pumps, air-conditioners and other equipment that causes a disturbance 3 Loud noises at a hospital or other “sound sensitive zone” 3 Shouting or crying of peddlers, etc. street sales, “whooping of anyone” 6 Steam, compressed air whistles, etc. 1 Bottling plants, dairies, factories, machine shops, etc. at night 1 21 Limits on Interior Sound Levels in Places of Entertainment. Several of the ordinances contained provisions to set maximum limits of the noise exposure patrons of clubs can be exposed to by limiting maximum sound levels inside the clubs. Los Angeles limited the sound level inside clubs to 95 dBA. Gainesville, Florida limited the sound levels inside clubs to the OSHA limits. The City of Tampa limited the sound level to 85 dBA inside clubs. New York City prescribed 45 dBA in adjacent buildings as a way to limit sound produced inside a club. I. Special Provisions In The Noise Ordinances Reviewed Many of the ordinances surveyed included special provisions to clarify the measurement of sound. Some of the provisions are as follows. Nighttime Hours Defined. Nighttime hours were defined for different time periods in the ordinances studied. The range was from 6 pm to 2 am. Most of the ordinances used 10 pm or 11 pm as the beginning of the nighttime period. Distance Requirements. Several of the ordinances had provisions to limit the playing of outdoor or indoor commercial amplified music at distances varying from 100 ft to 500 ft away from residential areas. Plainly Audible Clarified. Plainly audible provisions often had a distance associated with them. The distances varied from 0 ft (in other words at the source) to 300 feet. Distances of 50 feet were the most common. Definitions of plainly audible from the ordinances varied somewhat from ordinance to ordinance. For example, the City of Gainesville, Florida has considerable text describing a process to “measure” plainly audible sound using the ears of the enforcing officer. It is essential to word this type of ordinance carefully so it will withstand challenge in legal proceedings. Four (4) of the ordinances (including San Francisco, Los Angeles and Plantation, Florida) had extensive lists of qualitative criteria that could be used to declare a sound as unnecessary or illegal in the absence of sound level measurements. Unenclosed Places of Public Entertainment Defined. Several of the ordinances defined unenclosed places of public entertainment or otherwise limited the playing of amplified music outdoors. For example, the City of Gainesville provided the most extensive definition of unenclosed places of public entertainment by stating that it had a sound transmission loss from inside to outside of less than 20 dB. Provide Sound Insulation in Homes and Businesses. Both the City of Gainesville and Miami Beach had provisions to allow the City Manager or other official to request upgrading of homes or business properties to prevent either excessive propagation of sounds from businesses and/or excessive complaints from residents living or working in places that allowed too much sound to enter or leave the building. 22 REFERENCES Beranek, Leo L. Noise and Vibration Control, Revised Edition. John Wiley & Sons, November: 2005. Bronzaft, Arline L. The Effects of Noise on Learning, Cognitive Development, and Social Behavior in Fay, Thomas H., ed. Noise and Health. New York Academy of Medicine, New York: 1991. Cowan, James P. Handbook of Environmental Acoustics. John Wiley & Son, 1994. Harris, Cyril M., ed. Handbook of Acoustical Measurements and Noise Control Fourth Edition, Institute of Noise Control Engineers, Poughkeepsie, New York: 2001. Jansen, Gerd. Physiological Effects of Noise in Harris, Cyril M., ed. Handbook of Acoustical Measurements and Noise Control Fourth Edition, Institute of Noise Control Engineers, Poughkeepsie, New York: 2001. Raymond, Lawrence W. Neuroendocrine, Immunologic and Gastrointestinal Effects of Noise in Fay, Thomas H., ed. Noise and Health. New York Academy of Medicine, New York: 1991. Schwela, Dietrich H. World Health Organization Guidelines for Community Noise. Noise Control Engineering Journal, Vol. 49, No. 4, July-August 2001, pp. 193-198. Sloan, Richard P. Cardiovascular Effects of Noise in Fay, Thomas H., ed. Noise and Health. New York Academy of Medicine, New York: 1991. Vallet, M. Effects of Noise on Health in Garcia, A., ed. Environmental Urban Noise. WIT Press, Southampton: 2001. 23 APPENDIX A Summary of Requirements of Noise Ordinances Reviewed Table Summary of Requirements of Noise Ordinances Reviewed No. City State Day time dBA Night time dBA 1 Alachua County Florida 60 55-Int. noise within MF Unit 55 45-Int. noise within MF Unit 2 Boston Massachusetts 70 50 3 Bradenton Florida 60 res 65 comm 75 indust 55 res 60 comm 75 indust 4 Charleston South Carolina dBC Octave band levels Plainly Audible at 100' Other provisions No person shall make or cause to be made any unreasonable or excessive nosie that disturbs peace Playing outdoor amplified music between hours of 11:00pm to 7:00 am prohibited Excessive noise serious hazard to public health, welfare, peace, safety and quality of life 5 Charlotte North Carolina 55 50 7 Denver Colorado 55 65-Comm 50 60-Comm 8 Gainesville Florida 61 res 66 comm 55 res 60 comm 9 Hillsborough County Florida 60 res 65 comm 75 ind 55 res 60 comm 75 ind Measured at distance of 200 feet from the real property line of source yes Sound levels generated by entertainment or musical events with the Ybor City Historic District, regardless of time of day shall not exceed 65 dBA when recieved at any point south of the right of way of the CSX rail line along 6th Avenue, east of 22nd Street, north of Palm Avenuem or west of Nuccio Parkway Disturb the peace 60 dBA at any point on neighboring property line 55 dBA at center of neighboring patio 55 dBA outside the window nearest the source 10 Houston Texas 65 58 11 Hudson New Hampshire 55 65-Comm 75-Ind 50 65-Comm 75-Ind SA “ Siebein Associates, Inc. Amplified sound unlawful if disturbs the peace Appendix A-2 No. City State Day time dBA Night time dBA dBC Octave band levels Plainly Audible 12 Indianopolis Indiana 13 Jacksonville Florida 55 res 60 comm 55 res 60 comm 14 Key West Florida 75 res 75-comm 60 res 75-comm Sunset Celebration at Malory Square exempt 15 Larimer County Colorado 55 25 ft from source 50 25 ft from source During the hours of 7:00 am to 7:00 pm noise may be increased by 10 dbA for a period not to exceed 15 minutes in any one hour period 16 Lee County Florida 66 res 72 comm 55 res 65 comm 17 Los Angeles California 50 res 60 comm 65 indust 70 heavy indust 40 res 55 comm 65 indust 70 heavy indust 19 Malibu California 20 Manatee County Florida 55 res 75 indust 50 res 75 indust 21 Marion County Florida 55 noise sens 65 res 65 comm 75 indust 55 noise sens 55 res 60 comm 75 indust 22 New Jersey State Model Noise Ordinance New Jersey 65 65-Comm 50 65-Comm yes 23 New York City New York 55 45 45 dB in any 1/3 octave band 63-200 Hz 24 Orange County Florida 55 noise sens 60 res 55 noise sens 55 res yes 25 Orlando Florida 60 res 70 comm 75 indust 55 res 65 comm 75 indust Exemptions for downtown entertainment district 5:50 pm to 2:00 am 26 Panama City Florida 60 55 Loud, racous, cannot interfere with comfort SA “ 50 ft at night Other provisions Creation of loud, unnecessary or unusual noises of various kinds constitute public nuisance yes at 50 ft limits based on dB of NC curves at 150 ft disturb the peace, quiet, and comfort > 5 dB above ambient noise in any adjoining unit 95 dBA limit in places of public entertainment (without sign) Unnecessary noises, sounds, or vibrations which are physically annoying to reasonable persons Siebein Associates, Inc. Vibration displacement limits yes 45 dBA inside any home produced by music noise quality zones Appendix A-3 No. City State Day time dBA Night time dBA dBC Octave band levels Plainly Audible Other provisions 27 Pittsburgh Pennsylvania 68 68 Measured at or adjusted to a distance of 75' beyond the boundary of the property in which the audio amplification or reproduction system is located 27 Plantation Florida 55 single- fam residence 60 multi-fam residence 65 comm 70 indust 50 singlefam residence 55 multifam residence 65 comm 70 indust 50 dBA day, 45 dBA night limit on sound levels in sleeping or living rooms of any dwelling Limits for maximum sound levels and pure tone AC noise 60 dBA at any point on neighboring property line 55 dBA at center of neighboring patio 55 dBA outside the window nearest the source 28 Portland Oregon 55 60-Comm 65-Ind 50 55-Comm 60-Ind 30 San Francisco California 55 50 31 Sarasota County Florida 32 St. Petersburg Florida L50 levels 75 res 75 comm L50 levels 60 res 70 comm 33 Tampa Florida 85 - Central Business District, Ybor City Historic District, and Channel District 60 - All other areas 65 Central Business District, Ybor City Historic District, and Channel District 55 - All other areas yes >5 dBA above ambient Qualitative criteria to define disturbance annoy disturb, injure, or endanger the comfort, repose, health, peace or safety yes yes AC noise 60 dBA at any point on neighboring property line 55 dBA at center of neighboring patio 55 dBA outside the window nearest the source Exterior maximum sound level for outdoor entertainment - 85 dBA Prohibition against loudspeakers in rights-of-way and air space Noise disturbances of such character, intensity and duration as to be and tending to be detrimental to the life, health, or normal comfort to annoy or disturb the quiet, comfort and repose SA “ Siebein Associates, Inc. Appendix A-4 No. City State 34 Tucson 35 World Health Organization SA “ Arizona Day time dBA 70 72-comm 85Ind. Night time dBA 62 65comm 70Ind. dBC Octave band levels Plainly Audible Other provisions Allowing or causing any conntinous or intermittent noise that persists for a period of at least 15 minutes and which is caused by using, operating or permitting to be played any radio, television, tape deck, record player, amplifier, musical instrument, or instrument, machine or device used for production, reproduction or emission of sound. 55-Outdoor 35-Indoor Siebein Associates, Inc. Appendix A-5 TECHNICAL ACOUSTICAL ISSUES FOR NOISE ORDINANCE DEVELOPMENT Gary W. Siebein, FASA, FAIA Senior Principal Consultant Siebein Associates, Inc. Professor of Architectural and Environmental Acoustics University of Florida School of Architecture When the early morning light quietly grows above the mountains . . . When the little windwheel outside the cabin window sings in the gathering thunderstorm . . . 4 Standards to be applied When the wind, quickly shifting, grumbles in the rafters . . . 1. OSHA levels that cause hearing damage When the mountain brook in the night’s stillness tells of its plunging over the boulders . . . 2. Levels that cause health effects other than hearing loss When one morning the landscape is hushed in its blanket of snow . . . 3. Levels that cause sleep disturbance When the cowbells keep tinkling from the slopes of the mountain valley where the herds wander sl .. . 4. Annoyance Martin Heidigger The Thinker as Poet Annoyance Complex physical and psycho social phenomenon Level Duration Relation to noise Health Effects Of Noise OSHA Occupational Noise Exposure Levels (other than hearing loss) Diseased population Healthy population 1 NORMALLY HARMFUL SOUNDSCAPE NORMALLY HARMFUL SOUNDSCAPE 90 dBA OSHA Wear HPD’s 90 dBA OSHA Wear HPDS 80 dBA EU Hearing Limit 80 dBA EU Hearing Limit 75 dBA 75 dB A TRANSITION BETWEEN NOWMALLY HEALTHY & NOAMLLY HARMFUL 65 dBA HUD, FAA FHWA Outdoors TRANSITION BETWEEN NORMALLY HEALTHY & NORMALLY HARMFUL 65 dBA HUD, FAA FHWA Outdoors 55 dBA EPA Outdoors 55 dBA EPA Outdoors 45 dBA HUD FAA Indoors 45 dBA. HUD FAA Indoors NORMALLY HEALTHY SOUNDSCAPE NORMALLY HEALTHY SOUNSCAPE 30 dBA WHO Indoors 20 dBA WHO 30 dBA. Indoors 20 dBA DESIGN CRITERIA Environmental Noise Intrusion OUTDOORS NORMALLY HARMFUL SOUNDSCAPE 90 dBA OSHA Wear HPD’s FEDERAL AGENCIES - HUD, FAA, FHWA LDN – Day Night Average Sound Level 65 dBA outdoors 45 dBA indoors 80 dBA EU Hearing Limit 75 dBA TANSITION BETWEEN NORMALLY HEALTHY & NORMALLY HARMFUL 65 dBA HUD,FAA FHWA Outdoors 55 dBA EPA Outdoors 45 dBA HUD FAA Indoors EPA 55 dBA LDN MUNICIPAL NOISE ORDINANCES 55-60 dBA Day time sound level limits 50-55 dBA Night time sound level limits Sometimes octave band limits or penalties for impulsive or tonal sounds Different acoustical metrics – Lmax, Leq, L10, none specified NORMALLY HEALTHY SOUND SCAPE 30 dBA WHO Indoors 20 dBA Plainly audible to person of normal sensibilities or loud, raucous, etc. WHO DESIGN CRITERIA Indoor Sound Levels HUD, NAHB, FAA - Long term LDN 45 dBA ASHRAE – general noise plumbing noise Annoyance relative to ambient Lmax Reasonable Standard of Care What are others doing in similar buildings in locality Sleep disturbance WHO Night time Leq Organization for Economic Cooperation and Development European Community Commission Griefahn and Osada RC, NC 25 -35 (32-42 dBA) < 35 dBA < 30 dBA Leq < 35 dBA light sleep Leq < 50 dBA deep sleep Leq < 30-35 dBA Lpeak < 45 dBA Lpeak < 60 dBA ▪ COMMUNITY NOISE ISSUES Noise ▸ ▸ 1.Damages hearing 2.Interferes with sleep ▸ 3.Health effects in addition to hearing loss ▸ 4.Interferes with work tasks ▸ 5.Interferes with speech and communication ▸ 6.Causes annoyance Disturbing to people who want to pay to fix it 2 ▪Sources of community noise 1.Transportation sources ▪Community Noise varies in many ways and is therefore very difficult to measure and predict. 2.Industrial sources 3.Entertainment sources 4.Construction noise 5.Domestic sources 6.Special sources ▸ 1.Time ▸ ▸ ▸ 7.Natural sounds often viewed as desirable by many people even though the sound levels of these sources may be louder than intruding sounds from industrial or entertainment facilities. ▪ Community Noise varies in many ways and is therefore very difficult to measure and predict. 2.Location 3.Spectrum or frequency content 4.Daily and seasonal variations – – – – – Day and night variations in traffic noise and other ambient sounds variation in use of facilities Seasonal use patterns Wind, temperature, weather and other effects Loss of foliage from trees in winter ▪A community must deal with several essential questions in this regard. ▸ 1.How to define noise ▸ 2.How to measure it ▸ 3.How to decide which sounds should be limited and which should be permitted because many sounds that occur at the same level may be necessary to the functioning of the community and many may represent a disturbance ▸ ▪ Three methods to control community noise 4.How to reduce or control the noise ▪ Three methods to control community noise ▪ 2.Noise Ordinances --Control the propagation of sound from one property to another ▪ 1.Zoning --Locate noisy activities away from activities requiring quiet –Require buffers between properties –Place restraints in development orders and development stipulations requiring limits on production of noise, time of use restrictions or requirements for noise attenuation –Usually on a complaint basis –Plainly audible –Loud, raucous, disturbing –Quantitative sound level limits – Overall sound level limits dBA or dBC – Octave Band limits – Penalties for tones or impulse sounds – Other metrics used include Lmax, L50, L10 for some time duration, etc. 3 SPECIFIC ACOUSTIC EVENT Sounds that can be individually identified and measured ▪ Three methods to control community noise ▪ 3.Building codes--Tie building codes with planning and zoning approvals and post construction noise ordinances to require testing and certification of acoustical performance at the time of Basic Components •Source - voice, musical instrument, etc. CO •Path - air, building materials, etc. •Receiver - ear, microphone, etc. Sounds travel through a medium or substance Amplitude Frequency ▪ Associated with perceived loudness ▪ Magnitude of pressure change between wave rarefaction and compression ▪ Associated with perceived pitch ▪ Measured in Hertz (Hz) or cycles per second (cps) Typical sounds and their levels Click to hear a 4000 Hz tone (High Frequency) Amplitude 4000 Hz Compression One Cycle Click to hear a 100 Hz tone (Low Frequency) Rarefaction 100 Hz Wave Rarefaction DECIBEL ADDITION Tone and Harmonics Examples: Rule of Thumb Method ▪ Tone Single Frequency (Fundamental) –Contains only one frequency ▪ Complex Tone –Contains a fundamental and additional harmonics Tone Fundamental ▪ Harmonics –Whole number multiples of the fundamental frequency Complex Harmonics Complex sound 1 Sec. 2 Hz Wave Wave Compression Difference between measurements 0 to 1 2 to 3 4 to 8 9+ Add to Larger Measurement 3 dB 2 dB 1 dB 95 95 89 99 89 91 98 99 93 0 dB Methods to correct for ambient sound levels must use decibel or logarithmic addition Sound level increments 4 CHANGES IN SOUND LEVEL GENERAL TYPES OF NOISE ORDINANCES Perception of Change Change in Level Overall Sound Level Limit Overall A-Weighted Sound Level Limits Overall C-Weighted Sound Level Limits 1 dB undetectable 2-3 dB barely perceivable 5-6 dB definitely louder 10 dB twice as loud •Small changes are subtle •Substantial increases in power are need to effect a perceptual change Octave Band Sound Level Limits Plainly Audible Maximum Sound Level Relative to Ambient Nuisance Multi-Tiered or Multiple Method Limits on Interior Sound Levels in Places of Entertainment 10 times the power is perceived as twice as loud OVERALL SOUND LEVEL LIMITS OVERALL C-WEIGHTED SOUND LEVEL LIMITS Overall A-Weighted Sound Level Limits Very small amounts subtracted from low and high frequencies to simulate the response of the human ear to fairly loud sounds Overall C-Weighted Noise Level Limits Usually enacted to account for low frequency sounds found in deep, bass music or equipment noise OVERALL A-WEIGHTED SOUND LEVEL LIMITS Limits propagation of sound from one property to another Lower limits at residential property lines than at commercial property lines Lower limits for night time hours than day time hours Comparison of AWeighted, C-Weighted and Flat Weighting Curves 10 Flat Response 0 Sound Level (dB) C-Weighted Curve The A-Weighted sound level reduces the low frequency sound energy -10 -20 A-Weighted Curve -30 OCTAVE BAND SOUND LEVEL LIMITS Limits to define a disturbing noise Provide precision at a moderate cost Requires highly trained personnel to interpret measurements Provides suitable documentation for prosecution Provides adequate information to a consultant to prescribe remedial measures to reduce propagated sound -40 -50 31.5 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz 1/3 Octave Band Center Frequency (Hz) Flat C-Weighted A-Weighted RANGES OF FREQENCIES FREQUENCY BANDS Decibels •1/3 Octave band frequency centers 80 •Octave band frequency centers 70 60 50 40 30 32 63 125 250 500 1000 2000 4000 frequency band centers An octave band is a group of frequencies where the higher frequency is twice the lower frequency 125 Hz to 250 Hz for example 8000 16000 8 Octave bands (63 Hz to 8,000 Hz) 25 1/3 Octave band frequency centers (63 Hz to 16,000 Hz) 5 PLAINLY AUDIBLE PEAK, MAXIMUM AND AVERAGE TIME LEVELS Plainly audible to a person of normal sensibilities ¾ At a certain distance from the sound ¾ At the property line of the receiver MAXIMUM SOUND LEVEL RELATIVE TO THE AMBIENT NOISE LEVEL Advantages ¾ Provides a sliding reference scale that accurately represents the relative sounds of the environment of the source sound ¾ Relates the magnitude of the disturbing sound above the ambient at the time and place of the complaint Disadvantages ¾ Requires 2 measurements to be made (disturbing sound and ambient sound) ¾ Requires a comparison to be made between the 2 measurements at the site of the violation CASE STUDY 1 Amplified Music Noise Amphitheater located near homes Loud music disturbs residents BURIED IN THE AMBIENT? Pink – ambient noise Blue – music playing Ford Amphitheater Noise Study - Hank Williams, Jr. Concert - January 29, 2005 Location: Wexford Wilson Apartments Music from Concert: 64 to 76 dBA 70 60 EPC Rule: 60 dBA Typical Ambient Only: 58 to 60 dBA 50 8:31:24 8:31:22 8:31:20 8:31:18 8:31:16 8:31:14 8:31:12 8:31:10 8:31:08 8:31:06 8:31:04 8:31:02 8:31:00 8:30:58 8:30:56 8:30:54 8:30:52 8:30:50 8:30:48 8:30:46 8:30:44 8:30:42 8:30:40 8:30:38 8:30:36 8:30:34 8:30:32 40 8:30:30 Sound Pressure Level, dBA, re: 20 micropascals 80 Time, PM Concert Music + Ambient (Lmax) Ambient Between Songs (Lmax) 6 BURIED IN THE AMBIENT? Ford Amphitheater Noise Study - Hank Williams, Jr. Concert - January 29, 2005 Location: Wexford Wilson Apartments Music from Concert: 64 to 76 dBA 80 10.0 8.0 dBA, Relative to 1 min LAeq Music - Ambient: 62 to 76 dBA 70 60 EPC Rule: 60 dBA Typical Ambient Only: 58 to 60 dBA 50 Ford Amphitheater Noise Study - Hank Williams, Jr. Concert - January 29, 2005 Comparison of Measurement Metrics - Staley Estates Data 12.0 10s LAeq = 60.5 dBA 6.0 EPC Rule: 60 dBA 4.0 2.0 0.0 -2.0 1min LAeq = 57 dBA -4.0 21:31:51 21:31:53 21:31:57 21:31:49 21:31:55 21:31:55 21:31:47 21:31:53 21:31:45 21:31:51 21:31:43 21:31:49 21:31:41 21:31:39 21:31:37 21:31:35 21:31:33 21:31:31 21:31:29 21:31:27 21:31:25 21:31:23 21:31:21 21:31:19 21:31:17 21:31:15 21:31:13 21:31:11 21:31:09 21:31:07 21:31:05 21:31:03 8:31:24 8:31:22 8:31:20 8:31:18 8:31:16 8:31:14 8:31:12 8:31:10 8:31:08 8:31:06 8:31:04 8:31:02 8:31:00 8:30:58 8:30:56 8:30:54 8:30:52 8:30:50 8:30:48 8:30:46 8:30:44 8:30:42 8:30:40 8:30:38 8:30:36 8:30:34 8:30:32 8:30:30 40 21:31:01 -6.0 21:30:59 Sound Pressure Level, dBA, re: 20 micropascals NOT ALL dBA’ dBA’s ARE CREATED EQUAL Time 1min LAeq 10 Sec LAeq Time, PM Concert Music + Ambient (Lmax) Concert Music - Ambient Ambient Between Songs (Lmax) NOT ALL dBA’ dBA’s ARE CREATED EQUAL Ford Amphitheater Noise Study - Hank Williams, Jr. Concert - January 29, 2005 Comparison of Measurement Metrics - Staley Estates Data 12.0 10.0 12.0 1s LAeq = 63 dBA 1s LAmax = 67 dBA 10.0 10s LAeq = 60.5 dBA 6.0 1s LAeq = 63 dBA 8.0 EPC Rule: 60 dBA 4.0 dBA, Relative to 1 min LAeq 2.0 0.0 -2.0 1min LAeq = 57 dBA 10s LAeq = 60.5 dBA 6.0 Ordinance: 60 dBA 4.0 2.0 0.0 -2.0 -4.0 1min LAeq = 57 dBA -4.0 10 Sec LAeq Lp Range 72 to 89 dBA 16 80 to 85 dBA 11 Enforcement Method 2 73 to 88 dBA 8 77 to 83 dBA 5 55 73 to 85 dBA 15 70to 83 dBA 1s LAmax, Fast 66 to 89 dBA 63 to 85 dBA Song 1 Lp Range Lp Range 21:31:57 21:31:47 21:31:45 21:31:43 21:31:41 21:31:39 21:31:37 21:31:35 21:31:33 21:31:31 21:31:29 21:31:25 21:31:23 21:31:21 21:31:19 21:31:17 21:31:15 21:31:13 21:31:11 21:31:09 21:31:27 Time 1 Sec LAeq 1 Sec LAmax Prohibit sound levels deemed to be “loud, raucous, or otherwise disturbing the peace, quiet, repose” etc., of the community 61 20 Song 2 # of 84 dBA Exceedences* 10 Sec LAeq NUISANCE # of 81 dBA Exceedences** Enforcement Method 1 1s LAmax, Slow 21:31:07 1min LAeq Song 2 # of 84 dBA Exceedences* 21:31:05 1 Sec LAeq Song 1 Lp Range -6.0 21:31:03 Time 1min LAeq 21:31:01 21:31:57 21:31:55 21:31:53 21:31:51 21:31:49 21:31:47 21:31:45 21:31:43 21:31:41 21:31:39 21:31:37 21:31:35 21:31:33 21:31:31 21:31:29 21:31:27 21:31:25 21:31:23 21:31:21 21:31:19 21:31:17 21:31:15 21:31:13 21:31:11 21:31:09 21:31:07 21:31:05 21:31:03 21:31:01 21:30:59 -6.0 21:30:59 dBA, Relative to 1 min LAeq 8.0 # of 81 dBA Exceedences** L5 84 dBA 0 82 dBA 1 L10 83 dBA 0 81 dBA 0 L50 78 dBA 0 79 dBA 0 Full Song Overall LAeq 80 dBA 0 79 dBA 0 MULTI-TIERED Combination of plainly audible language with A-Weighted sound level limits Series of specific prohibitions Language stating that the most stringent requirements prevail LIMITS ON INTERIOR SOUND LEVELS IN CLUBS Los Angeles * Only used values that exceeded 84.4 dBA ** Only used values that exceeded 81.4 dBA ¾ Sound level limited to 95 dBA Gainesville, Florida ¾ Sound levels limited to OSHA limits Song 1: 5 minutes, 48 seconds long = 24 total 15 second periods Song 2: 3 minutes, 23 seconds long = 13 total 15 second periods (last 8 seconds was quiet ending) New York City, New York ¾ Sound levels limited to 45 dBA in adjacent buildings 7 SPECIAL PROVISIONS IN THE NOISE ORDINANCES REVIEWED Night Time Hours Defined Distance Requirements Plainly Audible Clarified Unenclosed Places of Public Entertainment Defined Provide Sound Insulation in Homes and Businesses • Consider specific exemptions and prohibited acts • Consider allowable hours of operation for hospitality establishments with outdoor dining and music • Cite appropriate ANSI and ASTM standards for measurement protocols required • Tie Noise Ordinance requirements to Planning and Zoning review of proposed projects and Building Permit applications • Require Environmental Acoustic Assessments by NCAC or INCE member firms for future residential and commercial/hospitality projects in downtown to identify possible noise issues before projects are built • Require acoustical measurements at Substantial Completion of project to verify compliance with Noise Ordinance prior to occupancy • Enact a 6 month trial period for Noise Ordinance with committee re-convening to assess strengths and weaknesses prior to final adoption • Develop Standard Operating Procedure for enforcement personnel • Conduct training, purchase meters etc. for enforcement personnel Provide rational, measurement based data as the basis for sound level limits and districts in the Ordinance 8 The Acoustics of Mixed Use New Urbanist Centers is a Potential Nightmare QUIET COMMUNITIES QUIET COMMUNITIES Simplified 3 Part Acoustical Palette for Community Soundscape Design Reduce, buffer mitigate noise Preserve and enhance desirable sounds Design for new sounds and social spaces Vehicle to allow integration of Architectural Urban Design Acoustical Schemes In a participatory, scientific and interesting process for community design Meet existing laws Plan for and design community soundscape Provide for a better tomorrow . . . “Always the wish that you find patience enough in yourself to endure, and simplicity enough to believe, that you may acquire more and more confidence in that which is difficult, and in your solitude among others” . . . Rainier Maria Rilke Letters to a Young Poet 1954 Make your community sing! THANK YOU ! Gary W. Siebein, FASA, FAIA Senior Principal Consultant Siebein Associates, Inc. Professor of Architectural and Environmental Acoustics University of Florida School of Architecture Phone. 1-352-331-5111 x16 (Office) Email. gsiebein@siebeinacoustic.com 9