N.J.A.C. 7:29

New Jersey Noise Control Statute

Authority

N.J.S.A. 13:1 D-1 et seq. and 13:1g-1 et seq.

Source and Effective Date

R.1995 d.302, effective May 19, 1995.

See 27 N.J.R. 1091(a), 27 N.J.R. 2390(c).

Executive Order No. 66 (1978) Expiration Date

Chapter 29, Noise Control, expires on May 19, 2000

Chapter Historical Note

Chapter 29, Noise Control, was originally adopted as R.1974 d.12, effective January 18, 1974. See: 5 N.J.R. 344(a), 6 N.J.R. 59(b).

Subchapter 2, Noise from Vessels and Watercraft, was adopted as R1977 d.177, effective May 20, 1977. See: 9 N.J.R. 167(d), 9 N.J.R. 266(a). Subchapter 2 was repealed by R.1979 d.12 and new rules concerning watercraft noise control adopted at N.J.A.C. 7:6-6, effective March 1, 1979. See: 10 N.J.R. 475(a), 11 N.J.R. 63(d).

Pursuant to Executive Order No. 66(1978), Chapter 29 was readopted as R.1990 d.262. See: Source and Effective Data. A new Subchapter 2, Procedures for the Determination of Noise from Stationary Sources, originally adopted as Chapter 29B, was adopted as R.1993 d.301, effective June 21, 1993, R.1990 d.262 eff. May 21, 1990. See: 22 N.J.R. 307(b), 22 N.J.R. 1576(a). See: 27 N.J.R. 1091(a), 27 N.J.R. 2390(c). Chapter 29 was readopted as R.1995 d.302, effective May 19, 1995.

See section annotations for specific rulemaking activity.

Chapter Table of Contents

Subchapter 1. General Provisions

7:29-1.1 Definitions

7:29-1.2 Industrial, commercial, public service, or community service facilities.

7:29-1.3 Stationary emergency signaling devices

7:29-1.4 Exceptions

7:29-1.5 Performance test priciple

7:29-1.6 Enforcement

Subchapter 2. Procedures for the Determination of Noise from Stationary Sources

7:29-2.1 Definitions

7:29-2.2 Acceptable test methods

7:29-2.3 Measurement principle

7:29-2.4 Operating conditions during the test

7:29-2.5 General requirements

7:29-2.6 Equipment

7:29-2.7 Reporting requirements

7:29-2.8 Preparation for testing

7:29-2.9 Procedure

7:29-2.10 Calculations

7:29-2.11 Qualifications of investigative personnel

7:29-2.12 Incorporation by reference

Subchapter 1. General Provisions

7:29-1.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Agricultural activities" means those activities performed on farmlands in order to cultivate the soil, produce crops, or raise livestock. In addition, activities associated with the growing, producing, processing, or selling of farm-related products, as long as those activities are conducted on farmlands, would be considered agricultural activities.

"Authorized enforcement agency" means the Department, a local, county or regional health agency certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities, a municipality with a Department approved noise control ordinance, or an employee of a county or municipal government who has received noise enforcement training and who is currently certified in noise enforcement, provided such agency, municipality or employee is acting within its designated jurisdiction.

"Commercial facility" means any premises, property, or facility involving traffic in goods or furnishing of services for sale or profit including, but not limited to:

1. Banking and other financial institutions;
2. Dining establishments;
3. Establishments for providing retail services;
4. Establishments for providing wholesale services;
5. Establishments for recreation and entertainment;
6. Office buildings;
7. Transportation;
8. Warehouses.

"Community service facility" means any non-residential facilty used to provide services to the public, including but not limited to:

1. Club meeting halls, offices and facilities;
2. Organization offices and facilities;
3. Facilities for the support and practice of religion;
4. Private and parochial schools.

"Continuous airborne sound" means sound that is measured by the slow response setting of a sound level meter in accordance with the provisions of N.J.A.C. 7:29-2.

"dBA" means the abbreviation designating the unit of sound level as measured by a sound level meter using the A-weighting.

"Decibel" means the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated "dB".

"Emergency" means an unexpected occurrence or situation resulting from natural or unnatural causes which endangers or has the potential to endanger the health, safety or resources of citizens or a municipality, and as such, necessitates prompt action and response on the part of emergency services personnel.

"Emergency energy release device" means a device used specifcally to release excess energy on a non-scheduled basis as necessary for purposes of safety.

"Emergency services personnel" means those people who are trained or designated to respond to an emergency, as defined in this section, or who participate in activities associated with a response to an emergency.

"Frequency" means the number of sound pressure oscillations per second, expressed in hertz; abbreviated "Hz".

"Impulsive sound" means either a single pressure peak or a single burst (multiple pressure peaks) having a duration of less than one second.

"Industrial facility" means any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or non-durable goods.

"Octave band sound pressure level" means the maximum instantaneous sound pressure level measured by a sound level meter on the PEAK setting.

"Person" means any individual, public or private corporation, political subdivision, governmental agency, department or bureau of the State, municipality, industry, copartnership, or association.

"Public service facility" means any facility and its related premises, property, or equipment used to provide governmental services to the public including, but not limited to:

1. Maintenance centers;
2. Offices and buildings of agencies or instrumentalities of government;
3. Schools;
4. Waste collection centers;
5. Waste recycling centers; and
6. Water and sewage facilities.

"Residential property" means property used for human habitation including, but not limited to:

1. Private property used for human habitation;
2. Commercial living accommodations and commercial property used for human habitation;
3. Recreational and entertainment property used for human habitation;
4. Community service property used for human habitation.

"Sound level" means the sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in dBA.

"Sound level meter" means the level of a sound measured in dB units with a sound level meter which has a uniform ("flat") response over the band of frequencies measured.

"Stationary emergency signalling device" means any device, excluding those attached to motor vehicles, used to alert local persons engaged in local emergency operations. These include, but are not limited fire-fighters, first aid squad members, and law enforcement officers, whether paid or volunteer.

Amended by R.1985 d.129, effective March 18, 1985.
See: 16 N.J.R. 1682(a), 17 N.J.R. 699 (b).
Substantially amended.
Amended by R.1993 d.301, effective June 21, 1993.
See: 25 N.J.R. 1040(a), 25 N.J.R. 2721(a).
Amended by R.1995 d.302, effective June 19, 1995.
See: 27 N.J.R. 1091(a), 27 N.J.R. 2390(c).
Added definitions of "Agricultural activities", "Authorized enforcement agency", "Emergency", "Emergency services personnel", and deleted "Outdoor venue".

Case Notes

Since the Department of Environmental Protection has not adopted regulations specifying or limiting the volume of sound to be emitted by fire sirens, or their location, these areas are not preempted from local regulations. Malharne v. Boro. of Demarest, 162 N.J.Super. 248. 392 A.2d 652 (Law Div.1978) appeal dismissed 174 N.J.Super. 28, 415 A.2d 358.

7:29-1.2 Industrial, commercial, public service, or community service facilities

(a) No person shall cause, suffer, allow, or permit sound from any industrial, commercial, public service or community service facility that, when measured at any residential property line, is in excess of any of the following:

I. From 7:00 A.M. to 10:00 P.M.:

1. Continuous airborne sound which has a sound level in excess of 65 dBA; or
2. Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:

   Octave Band Center Frequency (Hz)	Octave Band Sound Pressure Level (dB)
   31.5	96
   63	82
   125	74
   250	67
   500	63
   1000	60
   2000	57
   4000	55
   8000	53

3. Impulsive sound in air which has a peak sound pressure level in excess of 80 decibels.

II. From 10:00 P.M. to 7:00 A.M.;

1. Continuous airborne sound which has a sound level in excess of 50 dBA; or
2. Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the value listed below in one or more octave bands:

   Octave Band Center Frequency (Hz)	Octave Band Sound Pressure Level (dB)
   31.5	86
   63	71
   125	61
   250	53
   500	48
   1000	45
   2000	42
   4000	40
   8000	38

3. Impulsive sound in air which has a peak sound pressure level in excess of 80 decibels.

(b) No person shall cause, suffer, allow, or permit sound from any industrial, commercial, public services, or community service facility that, when measured at the property line of any other commercial facility is in excess of any of the following:

1. Continuous airborne sound which has a sound level in excess of 65 dBA; or
2. Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:

3. Impulsive sound in air which has a peak sound pressure level in excess of 80 decibels.

Amended by R.1985 d.129, effective March 18, 1985.
See: 16 N.J.R. 1682(a), 17 N.J.R. 699(b).
Substantially amended.
Amended by R.1993 d.301, effective June 21, 1993.
See: 25 N.J.R. 1040(a), 25 N.J.R. 2721(a).

7:29-1.3 Stationary emergency signaling devices

(a) Testing of only the electromechanical functioning of a stationary emergency signaling device shall occur at the same time each day that a test is performed, but not before 8:00 A.M. or after 8:00 P.M. Any such testing shall only use the minimum cycle test time. Except as provided for in (b) below, such test time shall not exceed ten seconds.

(b) Testing of the complete emergency signaling system including the electromechanical functioning of the signaling device and the personnel response to the signal shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 A.M. or after 8:00 P.M. The ten second time limit on the electromechanical functioning of the signaling device shall not apply to such system testing.

(c) Stationary emergency signaling devices shall be used only for testing in compliance with applicable provisions of these regulations and for emergency purposes where personnel and equipment are mobilized. Since personnel and equipment are mobilized during a weather emergency, emergency signaling devices may be utilized to announce a school closing resulting from a weather emergency.

(d) A stationary emergency signaling device used to alert firefighters, or other emergency services personnel of a fire or other emergency shall be located no closer than 250 feet from any elementary school or adjacent school yard or playground, except that this restriction shall not apply to any stationary emergency signaling device that is located on the premises of a fire station or other facility operated by a local fire department or force or first aid, rescue or emergency squad.

(e) The requirement of (d) above shall not apply to stationary emergency signaling devices placed in service before July 16, 1992 and located in municipalities with a population of less than 25,000 persons and with a population density of more than 2,500 persons per square mile, according to the latest Federal decennial census.

(f) Nothing in this section shall have the effect of restricting the use of a stationary emergency signaling device to alert the public of an emergency pursuant to the provisions of the emergency management act, P.L. 1942, c.251 (N.J.S.A App. A:9-33 et seq.), or any applicable Federal laws or regulations pertaining to emergency planning and preparedness. The requirements of this section do not apply to the use of stationary emergency signaling devices to warn the public or emergency personnel of a national or State emergency pursuant to the provisions of the emergency management act. This section only pertains to the use of stationary emergency signaling devices to alert local emergency services personnel and/or local citizens of a local emergency such as a fire. This section also does not apply when stationary emergency signaling devices are used or tested as part of the operations of the National Warning System, pursuant to the Federal Emergency Management Agency's Civil Preparedness Guide 1-16, or pursuant to the Federal Emergency Management Agency's Guide for the Evaluation of Alert and Notification Systems for Nuclear Power Plants, FEMA Rep. 10.

(g) A dual-purpose stationary emergency signaling devide which is used to alert the public of a national or State emergency and which is also used to alert local emergency services personnel of local emergencies shall not be required to comply with N.J.A.C. 7:29-1.3(d), (e) and (f). If a dual purpose stationary emergency signaling device is used for local purposes, the device shall comply with all other provisions of this section.

(h) When operated or tested in accordance with the requirements of this section, stationary emergency signaling devices are not required to comply with the operational performance standards established at N.J.A.C. 7:29-1.2

Amended by R.1985 D.129, effective March 18, 1985.
See: 16 N.J.R. 1682(a), 17 N.J.R 699(b). Substantially amended.
Amended by R.1995 d.302 effective June 19, 1995
See: 27 N.J.R. 1091(a), 27 N.J.R. 2390(c). In (c) added the last sentence, and added (d) to (h).

Case Notes:

Since the department has not adopted regulations specifying or limiting the volume of sound to be emitted by fire sirens, or their location, these areas are not preempted from local regulation. Malname v. Boro. of Demarest, 162 NJ.Super. 248. 392 A.2d 652 (Law Div.1978) appeal dismissed 174 NJ.Super. 28, 415 A.2d 358.

7:29-1.4 Exceptions

(a) The operational performance standards established by N.J.A.C. 7:29-1.2 shall not apply to any of the following noise sources:

1. Agricultural activities:

2. Bells, chimes or carillons while being used in conjunction with religious services;

3. Emergency energy release devices;

4. Emergency work to provide electricity, water, or other public utilities when public health or safety is involved;

5. Motor vehicle race tracks;

6. National Warning System (NAWAS): Systems used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersy Office or Emergency of Hazardous Spill Management, Division of State Policies.

7. Noise of aircraft flight operations;

8. Public celebrations;

9. Public roadways;

10. Surface carriers engaged in commerce by railroads.

11. The unamplified human voice;

12. Use of explosive devices: These are regulated the New Jersey Department of Labor under the Explosive Act (N.J.S.A. 21:1A-144); or

13. Normal operation of a handgun, rifle, shotgun, skeet shooting or trapshooting range which has been maintained continuously in the same location since January 24, 1972.

Amended by R.1985 d.129 effective March 18, 1985
See: 16 N.J.R. 1682(a), 17 N.J.R. 699(b). Substantially amended.
Petition for Rulemaking: Regulations governing noise control pertaining to motor vehicle race tracks.
See: 23 N.J.R. 3535(a).
Petition for Rulemaking: Noise control for racetracks; public hearing.
See: 24 N.J.R. 2299(a), 24 N.J.R. 3440(d).
Amended by R.1995 d.302 effective June 19, 1995.
See: 27 N.J.R. 1091(a), 27 N.J.R. 2390(c). In (a) added 13.

7:29-1.5 Performance Test Principle

For the purposes of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the provisions of N.J.A.C. 7:29-2.

Amended by R.1985 d.129, effective March 18 1985.
See: 16 N.J.R. 1682(a), 17 N.J.R. 699(b).
Deleted "standards as published by the Department or its approved equivalent" and substituted "the provisions of N.J.A.C. 7:29-2."

7:29-1.6 Enforcement

(a) This section governs the initiation of enforcement actions and the imposition of civil penalties for violations of the Noise Control Act. N.J.S.A. 13:1G-1 et seq.. and these rules.

(b) If any person violates any provision of the Noise Control Act, N.J.S.A. 13:1G-1 et seq., these rules, or an order issued pursuant thereto, the authorized enforement agency may institute an action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations and the said court may proceed in the action in a summary manner.

(c) Any person who violates any provision of the Noise Control Act, N.J.S.A. 13:1G-1 et seq., these rules, or an order issued pursuant thereto shall be subject upon order of a court, to civil penalty of not more than $3,000 for each offense and each day during which the violation continues shall constitute an additional, seperate and distinct offense.

(d) Upon identification of a violation of the Noise Control Act, N.J.S.A. 13:1G-1 et seq., these rules, or an order issued pursuant thereto, the authorized enforcement agency shall issue an enforcement document to the violator. The enforcement document may be sent to the violator by certified mail, return receipt requested. The enforcement document shall:

1. Identify the condition or activity that constitutes the violation and the specific provision of the Act, rule or order that has been violated;

2. Indicate whether the violator has a period of time to correct the violation before a penalty is sought, as follows:

i. If the violation is deemed by the authorized enforcement agency to be a minor violation pursuant to (f) below, notify the violator that the activity or condition which constitutes the violation must be corrected and compliance achieved within 30 days or, at the discretion of the authorized enfocement agency, any other reasonable period of time, not to exceed 180 days, to be determined based upon the nature and extent of the violation and a reasonable estimate of the time needed to correct the violation. The violator may request, from the authorized enforcement agency, an extension of the compliance deadline in the enforcement action and the authorized enforcement agency shall approve any reasonable request for an extension if the violator can demonstrate that a good faith effort has been made to achieve compliance;

ii. If the violation is not deemed by the authorized enforcement agency to be a minor violation pursuant to (f) below, notify the violator that he or she will not be allowed a period of time to correct the violation before a penalty is sought.

3. Notify the violator that he or she may be liable to a civil penalty of no more than $3,000 for the violation that is the subject of the enforcement document; and

4. If the violation is deemed by the authorized enforcement agency to be a minor violation pursuant to (f) below, notify the violator that if he or she achieves compliance within the period of time specified in the enforcement document, the authorized enforcement agency shall not seek to collect a civil penalty from the violator for that violation.

(e) The authorized enforcement agency may seek injunctive relief and/or a penalty for a violation of the Act, these rules, or an order issued pursuant thereto:

1. If the violator does not correct the minor violation within the period of time specified in the enforcement document initiated pursuant to (d) above; or

2. If the violation of not considered a minor violation pursuant to (f) below.

(f) A violation shall be considered a minor violation if:

1. The violation is not the result of the purposeful, reckless or criminally negligent conduct of the violator; and

2. The activity or condition constituting the violation has not been the subject of an enforcement action by the authorized enforcement agency against the violator within the immediately preceding 12 months.

(g) Any claim for a civil penalty may be compromised and settled based on the following factors:

1. Mitigating or any other extenuating circumstances;

2. The timely implementation by the violator of measures which lead to compliance;

3. The conduct of the violator; and

4. The compliance history of the violator.

Subchapter 2. Procedures for the Determination of Noise from Stationary Sources

7:29-2.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this section are intended to be used as defined in the New Jersey Noise Control Act, N.J.S.A. 13:1G, and in this chapter, or are used in their common engineering or scientific sense:

"A-weighted sound level" means the sound level in decibels, reported as "measured by a sound level measuring instrument having an "A" weighting network which discriminates against the lower frequencies according to a relationship approximating the auditory sensitivity o the human ear. The level so read is designated dBA.

"Department" means the Department of Environmental Protection and Energy.

"Duty cycle" means the period of time for one operating cycle for equipment which cycles periodically at a regular rate; e.g., five minutes on, 10 minutes off equals a 15 minute duty cycle.

"Extraneous sound" means a sound which is neither part of the neighborhood residual sound nor comes from the source under investigation.

"Facility" means land and/or buildings used for commercial or industrial operations which produce the sound under investigation.

"Neighborhood residual sound level" means that measured value which represents the summation of the sound from all the discrete sources affecting given site at a given time, exclusive of extraneous and transient sound and the sound from the source of interest.

"Noise" means, for purposes of this procedure, any sound which is not in conformance with the provisions of this chapter.

"Octave" means any two frequencies whose ratio is exactly two to one.

"Octave band" means a spectrum of sound frequencies between band edge frequencies an octave apart. For purposes of this procedure octave band frequencies are as specified in Table 1, Page 11, of ANSI S1.11-1996 (R-1976) "specifications for octave, half-octave and third-octave band filter sets" (see N.J.A.C. 7:29-2.12(a)1).

"Sound level meter" means an instrument approved by the Department for the measurement of noise and sound levels.

"Sound source" means any person, animal, device, operation, process, activity, or phenomenon which emits or causes sound.

"Sound spectrum" means the description of the resolution of a sound into its frequency and amplitude components.

"Steady state sound" means a sound whose level remains constant during measurement.

"Total sound level" means that measured level which represents the summation of the sounds from all of the sound sources affecting a given time.

"Transient sound" means a sound whose level does not remain constant during measurement.

"Wind screen" means a device recommended by the manufacturer as a microphone cover to reduce the effect of wind.

7:29-2.2 Acceptable Test Methods

Testing shall be conducted in accordance with methods set forth hereinafter. Alternative methods, procedures, or instruments may be used subject to approval and conditions prescribed by the Department. The Department may itself employ such alternatives when warranted by test conditions or other circumstances.

7:29-2.3 Measurement Principle

For purposes of measuring noise in accordance with applicable provisions of the rules of the Department, sound levels shall be determined by a qualified investigator using instruments and procedures prescribed by the Department.

Case Notes

Noise measuring procedures cited in holding that occupational hearing loss may be proven without evidence of decibel levels in excess of statutorily permissible limits. Bronico v. J.T. Baker Chemical Co., 209 N.J.Super. 220, 507 A.2d 279 (App.Div.1986).

7:29-2.4 Operating Conditions During the Test

Insofar as practicable, sound will be measured while the source under investigation is operating at normal, routine conditions and, as necessary, at other conditions including, but not limited to, design, maximum and fluctuating rates. For test purposes, these conditions will apply during the times from 7:00 A.M. to 10:00 P.M. and from 10:00 P.M. to 7:00 A.M.

7:29-2.5 General Requirements

(a) All tests shall be conducted in accordance with the following procedures:

1. The investigator shall, to the extent practicable, identify all sources contributing sound to the point of measurement.

2. Measurement shall be taken at or within the property line of any affected person.

3. The measuring device must be calibrated before and after each series of readings and at least once every hour.

4. The measuring device must be recertified and the calibrator must be recalibrated at least once per year by the manufacturer or by a person that has been approved by the Department. A copy of written documentation of such recertification and recalibration, in a form approved by the Department, shall be kept with the equipment to which if refers.

5. No outdoor measurements shall be made:

i. During periods when the wind speed exceeds 12 miles per hour (including gusts).

ii. Without a wind screen properly attached to the measuring device.

iii. Under any condition which allows the measuring device to become wet, such as rain, snow, or condensation.

iv. When the ambient temperature is below 14 degrees F (-10 degrees C) or above 122 degrees F (50 degrees C).

7:29-2.6 Equipment

(a) Requirements for equipment are as follows:

1. Sound level meters:

i. Measurements of continuous sound shall be made either with a Type 1 (Precision) or a Type 2 (General Purpose) sound level meter manufactured to the requirements of ANSI S1.4-1971 "specification for sound level meters" (See N.J.A.C. 7:29-2.12(a)2) or its successor. These meters shall have a range which includes 30-130 decibels.

ii. Measurements of impulse sound shall be made with a Type 1 (Precision) or with a Type 2 (General Purpose) sound level meter manufactured to the requirements of IEC Publication 651 (1979) "Sound Level Meter" (see N.J.A.C. 7:29-2.12(a)3) or its successor.

iii. Measurements of sound by octave bands shall be made with a sound level meter with octave band frequency filter set that conforms to the requirements of Class II as specified in ANSI S1.11-1966 (R-1976) "specification for octave, half-octave, and third-octave band filter sets" (see N.J.A.C. 7:29-2.12(a)1).

2. Calibrators used should be those recommended by the manufacturer of the sound level meter.

3. Other Equipment:

i. A wind screen, as recommended by the sound level meter manufacturer.

ii. A wind speed measuring instrument including a range of five to 15 miles per hour (2.2 to 6.7 meters per second) with plus or minus two miles per hour (plus or minus 0.9 meters per second) accuracy.

iii. Optional equipment including a flashlight or miner's lamp, a microphone extension cable, an extension pole with microphone holder, a headphone equipped with a plug to fit the sound level meter, a tape measure or an optical distance indicator for determining distance, a compass for determining direction or, alternatively, a suitable map of the vicinity, and a thermometer for determining ambient temperature.

Amended by R.1995 d.302, effective June 19, 1995.
See: 27 N.J.R. 1091(a), 27 N.J.R. 2390(c).
In (a)3 deleted iii to v; renumbered vi as iii and therein inserted the provisions governing tape measures, compasses, and thermometers.

7:29-2.7 Reporting Requirements

(a) Reports shall be provided on forms approved by the Department.

(b) The report for each test shall include:

1. The date and day of the week on which the test is made;

2. The time of measurements, clearly indicating A.M. or P.M.;

3. The times of calibration of the measuring devices while on the site;

4. The weather conditions;

5. The temperature when the ambient is below 14 degrees F (-10 degrees C);

6. The wind speed;

7. The indentification of all measurement equipment by manufacturer, model number, and serial number;

8. The date each piece of equipment was last recertified or recalibrated by the manufacturer or other approved person;

9. The duty cycle of source of interest;

10. The total sound level in dBA, or dB if in octave bands, or in dBA peak if measuring maximum instantaneous sound pressure level of impulse sound at the measurement point;

11. The neighborhood residual sound level in dBA, or dB if in octave bands, at the measurement point;

12. A sketch of the site, not necessarily to scale, orienting the facility of interest, the points of measurement, topographic features, and relevant distances, containing sufficient information for another investigator to repeat the measurements under similar conditions;

13. A description of the sound sources by character and location;

14. A description of the neighborhood residual sound by character and location, to the extent feasible.

7:29-2.8 Preparation for Testing

(a) Survey: Prior to taking noise measurements the investigator shall explore the vicinity of the suspected source on foot to identify any other sound sources which could affect measurements, to establish the approximate location and character of the main sound source, and to select suitable points from which to measure the sound from the suspected source and the neighborhood residual sound.

(b) Nature of sound: While the sound source or sources are under observation the investigator shall ascertain whether the sound is steady or transient. The duty cycle time, if any, shall be measured and noted.

(c) Wind speed measurement: The investigator shall measure the wind speed at the measurement site with an appropriate wind meter. If the wind speed does not exceed 12 miles per hour (5.4 meters per second), proceed using a sound level meter equipped with a wind screen. When the wind speed exceeds 12 miles per hour (5.4 meters per second), including gusts, sound level readings shall not be made, but shall be postponed until the wind speed decreases below 12 miles per hour (5.4 meters per second).

(d) Instrument selection: After determining the character of the sound to be measured, the investigator shall select the appropriate measuring equipment pursuant to the requirements of N.J.A.C. 7:29-2.6. If the sound is concentrated within a narrow band of frequencies, an instrument capable of octave band analysis shall be selected. If impulse sound is predominant, an instrument capable of impulse peak measurement shall be selected.

7:29-2.9 Procedure

(a) Calibration of Sound Measuring Equipment: When a meter zero adjust screw is accessible from outside the sound measuring equipment, then prior to making sound level measurements, the investigator shall zero adjust in accordance with the manufacturer's instructions. If the zero adjust screw of the equipment is not readily accessible, and if the investigator observes that the meter zero adjust is defective, the equipment shall be taken out of service until repaired. Before and after making a set of sound level measurements, the investigator shall check, and if warranted, adjust the sound level meter calibration at the level specified by the sound level calibrator used. When a multi-frequency calibrator is used, it shall be set for 1000 Hertz. The procedure below shall be followed before and after each set of measurements:

1. Turn on the sound level meter and allow it to warm-up as specified by the manufacturer; usually three to five minutes;

2. Check the condition of the sound level meter battery and replace if necessary;

3. Set the sound level meter range or attenuator setting to the appropriate level (most calibrators produce sound levels in the range of 94 to 124 dB);

4. Set the sound level meter for slow response and set the sound level meter weighting switch to the appropriate position in accordance with the manufacturer's instructions for the sound level calibrator to be used;

5. Test the calibrator batteries and replace them if necessary;

6. Allow the calibrator to warm-up if necessary as specified by the manufacturer;

7. Place the calibrator on the microphone gently to prevent damage to the microphone diaphragm;

8. Adjust the sound level meter using the calibration (sensitivity or amplifier gain) adjustment until the meter reads the calibrator output;

9. If the sound level meter being calibrated is to be used for measuring impulse sound, the following additional steps must be taken:

i. Switch the detector characteristic setting from "Slow Response" to "Impulse" and note the meter reading. The change must be not more than 0.25 dB.

ii. Switch the detector characteristic setting from "Impulse" to "Peak". The meter reading must increase by 3.0 plus or minus 0.5 dB.

iii. If the requirements of either (a)9i or (a)9ii above are not met, no further measurements shall be made with that sound level meter. It shall be taken out of service for repair and recertification.

(b) Measurement: After calibrating the sound level meter, switch to the appropriate weighting position and place the wind screen over the microphone. The appropriate weighting position is "A" for measurement of continuous or impulse sound, and "flat" or "ext. Filter" for octave band measurements. The meter is now ready for measuring the sound level.

1. Total sound level is measured as follows:

i. Position the microphone at the point at which the sound is to be measured.

ii. During sound level measurements, the sound level meter microphone is to be mounted on a tripod or held at arm's length, at a minimum of three feet (0.9 meter) above ground level, and pointed at the proper angle to an imaginary line from the sound source to the microphone. The proper angle is specified by the manufacturer, according to the microphone characteristics.

iii. When measuring continuous sound, the measuring device shall be set for "A" weighting, "slow" meter response, and the range switch shall be set to that range in which the meter needle reads nearest to the maximum end of the scale. When the measured sound is variable, causing the meter needle to fluctuate, record both the minimum and maximum readings, e.g. 66-69 dBA, indicating that the reading was not less than 66 nor more than 69, during the measurement. When selecting the proper range setting for making the measurement, do not include extraneous sounds.

iv. When octave band measurements are made, the sound from the source must be constant in level and in character. Record the maximum and minimum readings in dB. Use "flat" response or "ext. Filter" setting as appropriate to the instrument. (Do not use "A" scale.) If level variations exceed plus or minus 2 dB in the bands containing the principal source frequencies, discontinue the measurement. The octave band level shall be used as a supplement to "A" weighted level measurements.

v. To measure impulse noise, the investigator shall set the meter for "A" weighting, peak hold, and the appropriate range for the needle to be on scale. After measuring an impulse peak, press the reset button to prepare for measurement of the next impulse. In such a case, measure as many impulses as feasible, estimate the number of impulses occurring, and the time period during which they occur.

vi. While making sound level measurements, observe whether the meter reading is increased by extraneous sound sources such as passing vehicles, aircraft flying overhead, barking dogs, etc. In such cases, postpone the sound level measurement until the extraneous sound has abated. This shall not apply, however, if the source of the extraneous sound is located on the facility under investigation.

vii. There are instances in which the sound propagation from a source is such that the sound level varies significantly with altitude. In such cases, connect the sound level meter to its microphone by a long cable and, after calibrating, elevate the microphone with a long pole or other means to measure the sound level at different altitudes.

viii. Continue the test over a period of time sufficient to ensure that the sound levels measured are typical of the source under observation but in no event should the duration of the test be less than 10 minutes.

ix. No less frequently than at one hour intervals during the investigation, and again at the conclusion of measurement, calibrate the sound level meter, check the condition of the batteries, measure the wind speed, and record the results for inclusion in the Noise Measurement Report. If the sound level meter has drifted more than 0.5 dB off calibration, or if the sound level meter battery check procedure indicated that the battery charge is too low, or if the wind speed has increased to greater than 12 miles per hour (5.4 meter per second), then measurement taken since the previous calibration check shall be considered invalid. Wind gusts over 12 miles per hour (5.4 meters per second) at this time shall not invalidate measurements since readings would not have been taken during previous gusts.

2. Neighborhood residual sound is measured as follows:

i. When the sound from the source under investigation can be discontinued, the neighborhood residual sound shall be measured at the same location at which the total sound was measured. When the sound under investigation cannot be reasonably discontinued, the neighborhood residual sound may be measured at an alternative location, in accordance with the following procedure:

(1) The alternative location should be as close as feasible to the original sound measurement location, but so located that the sound from the source has as little effect as possible on the neighborhood residual sound measurement. Even if the source sound is audible or is sufficient to raise the sound level above that which would be measured were it inaudible at the alternative location, the reading is sufficient for the purpose of this procedure.

(2) The alternative location chosen must be such that buildings in the vicinity are similar in size and distribution, the local topography is smaller in character to the location of the affected property where the total sound was measured.

(3) Traffic conditions at the time of neighborhood residual sound measurement must be similar to those at the location of the affected property where the total sound was measured.

7:29-2.10 Calculations

(a) Corrected source sound level: Correct the toal sound level for the neighborhood residual sound in accordance with the procedure for using Table 1 to determine the sound level from the sound source of interest. If the difference between the total sound level and the neighborhood residual sound level is greater than 10 dB no correction is necessary.

Procedure for Using Table 1

Step 1: Subtract the maximum measured level of the neighborhood residual sound from the minimum measured level of the total sound.
Step 2: In Column A, find the different determined under Step 1 and its corresponding correction factor in Column B.
Step 3: Subtract the value obtained from Column B in Step 2 from the minimum measured total sound level (used in Step 1) to determine the sound level attributable to the sound source.

7:29-2.11 Qualifications of investigative personnel

(a) For purposes of this procedure, persons shall be considered qualified to make noise measurements if such person:

1. Completes, at least once every two years, a noise re-certification course which is offered by the Department of Environmental Sciences of Cook College, Rutgers, the State University; or

2. Completes a program of tutoring and on-the-job training offered by the Office of Noise Control to its employees; or

3. Has education or experience or a combination thereof approved by the Department as equivalent to the provisions of (a)1 or (a)2 above. Any person who believes he or she is qualified to perform noise investigations pursuant to this paragraph may submit to the Department sufficient information to demonstrate that his or her education and/or experience is equivalent to the provisions of (a)1 or (a)2 above. The Department will then render a decision regarding whether the person is qualified to perform noise investigations.

Amended by R.1995 d.302, effective June 19, 1995.
See: 27 N.J.R. 109(a), 27 N.J.R. 2390(c).
In all (a)1 substituted "Completes, at least once every two years, a noise re-certification course" for "Community noise-A Short Course".

7:29-2.12 Incorporation by Reference

(a) Wherever referenced in this subchapter, the following sources are incorporated by reference as part of this subchapter:

1. ANSI:S1.11-1996 (R 1976) "specifications for octave, half-octave and third-octave filter sets" can be purchased from: American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018. Cost: $5.50.

2. ANSI:S1.4-1971 "specification for sound level meters" can be purchased from: American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018. cost $5.50.

3. "Sound Level Meters" IEC Publication 651 (1979) can be purchased from the Catalogue of International Electrotechnic Commission Publications - 1980, 1, Rue de Varembe, Geneva, Switzerland. Approximate Cost: $48.14

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