Construction Noise Control « Noise Control Ordinance » (Chapter 400) This presentation gives a brief account of the legislation, control and enforcement aspects on noise related to construction activities. Good examples of quiet construction equipment will also be illustrated. Noise related to construction activities is controlled under the Noise Control Ordinance (Chapter 400).

Noise Control Ordinance Construction Noise Permit Application Content «Noise Control Ordinance» Product noise control Construction noise control Construction noise permit application Enforcement practices Form 4 Noise Control Ordinance (Chapter 400) Construction Noise Permit Application Five major topics are covered in this presentation. 1. Brief Outline of the Noise Control Ordinance 2. Product Noise Control 3. Noise from Construction Sites 4. Construction Noise Permit (Sample Form on the right) 5. EPD & Police Enforcement Practices on Construction Noise

«Noise Control Ordinance» Neighbourhood noise Industrial / commercial noise Product noise control Construction noise Neighbourhood noise Industrial / commercial noise Outline of the Noise Control Ordinance (NCO) 1. Neighbourhood noise - refers to noise emanating from domestic premises and public place. Such noise is to be dealt with by the police on a subjective nuisance basis. 2. Industrial/commercial noise - refers to noise emanating from places other than domestic premises, public places or construction sites. Examples of such noise include noise from cooling towers of restaurant and water pumping system of residential buildings. EPD will carry out investigations upon receiving complaints. 3. Product noise - refers to noise from prescribed products (see slides 4 & 5) 4. Construction noise - refers to noise from construction sites (see slides 6 -19)

Product Noise Control To phase out noisy products Purpose : To phase out noisy products and to prevent Hong Kong from becoming the dumping ground of noisy products. It will be an offence to manufacture, import, sell or hire a prescribed product (air compressor & hand-held breakers) if it is intended for use in Hong Kong and does not comply with noise standards set out in the Regulations. It will also be an offence to use such a product.

Product Noise Control To phase out noisy products ‘Prescribed’ products for control: Air compressors Hand held breakers is required for their use Product Noise Control There are two types of prescribed products under control : 1) Air compressors (with air pressure above 500kPa) 2) Hand-held breakers (with weight above 10 kg) Every air compressor and hand-held breaker should be fitted with a Noise Emission Label (NEL or green label). A Noise Emission Label will be issued by EPD if EPD is satisfied that the relevant noise emission standard has been complied with. Remarks The NEL is recommended to be put in a weather proof jacket and to be affixed on the air compressor or hand-held breaker. If the NEL could not be affixed due to extremely harsh conditions for some sites, the NEL should be put within the works area (e.g. inside the site office) and be ready for inspection. Green Label

Construction Noise Control Percussive Piling General Works Under the Noise Control Ordinance (NCO), construction activities are grouped into two main categories : 1. General works (e.g. excavation and concreting) ; and 2. Percussive piling (e.g. piling by means of a hydraulic hammer or a drop hammer).

The Construction Noise Permit (CNP) System The NCO controls construction noise by means of a permit system. Contractor is required to obtain a Construction Noise Permit (CNP) from EPD 28 days prior to implementation for : 1) the carrying out of percussive piling between 0700hrs - 1900hrs on non - holidays. Percussive piling is strictly prohibited at any other times. 2) the carrying out of general works using powered mechanical equipment or the carrying out of prescribed construction work ( slides 11 & 14 ) during the restricted hours (i.e. between 1900 hours and 0700 hours or at any time on a general holiday including Sunday). The CNP is required to be posted at the site entrance for public as well as enforcing officers’ inspection.

Percussive Piling Control 0700-1900 hours on non-holidays CNP Required Banned during other times Contractor is required to obtain a Construction Noise Permit (CNP) from EPD at any of the 6 Local Control Offices for : 1) the carrying out of percussive piling between 0700 hrs - 1900 hrs on non- holidays. Percussive piling is strictly prohibited at any other times. Violation will lead to cancellation of CNP and eventual prosecution by the Authority.

Percussive Piling CNP «Technical Memorandum for CNP assessment» Refuse or issue CNP for 3, 5 or 12-hour Piling hours to suit schools & exams “Technical Memorandum on Noise from Percussive Piling” details the procedures for determining (on the basis of the number of pile drivers used, distance separation, and the calculated noise level) any permitted hours of operation for percussive piling. Based on the assessment result, EPD may refuse to issue or issue a CNP for percussive piling for 3 hrs, 5 hrs, or 12 hrs per day. The piling hours may be chosen to minimize impacts on noise sensitive uses such as schools, and set the permitted piling hours to suit school operation and examination.

Percussive Piling CNP Tightened controls on noisy hammers (e.g. : Diesel piling hammer) CNP for noisy hammers would be refused (Provision for special cases) More stringent criteria are imposed on noisy diesel, pneumatic and steam hammers. CNP application may be refused for the use of these hammers. Special case : Diesel, pneumatic and steam hammer may be permitted to be used in certain designated geologically difficult areas (e.g. some areas in Ma On Shan and Tin Shui Wai).

General Works PME (Powered Mechanical Equipment) General control for the whole territory SPME (Specified Powered Mechanical Equipment) PCW (Prescribed Construction Work) Stricter requirement within designated areas (e.g. major housing estates) Control of construction noise for general works can be further categorised into 2 main streams: Control in the whole territory The use of all Powered Mechanical Equipment (PME) requires CNP during restricted hours. Control in Designated Areas Stricter control is imposed on construction sites within Designated Areas (DA). Most of the built-up residential areas are within designated areas. The use of a few Specified Powered Mechanical Equipment (SPME, also see slides 12 &13) and the carrying out of Prescribed Construction Work (PCW, also see slide 14) during restricted hours requires CNP.

Specified Powered Mechanical Equipment General Works Specified Powered Mechanical Equipment Hand-held percussive breaker Bulldozer There are 5 types of Specified Powered Mechanical Equipment (SPME), which includes : 1) hand-held breaker 2) bulldozer and….

Specified Powered Mechanical Equipment General Works Specified Powered Mechanical Equipment Concrete lorry mixer Dump truck Vibratory poker Specified Powered Mechanical Equipment (SPME) also includes : 3) concrete lorry mixer 4) dump truck 5) vibratory poker These SPME are the most commonly used equipment on construction sites. A tighter control of these equipment has resulted in an overall quieter environment in Hong Kong during the noise sensitive periods which are most needed for rest by many people of Hong Kong.

Prescribed Construction Work (PCW) General Works Prescribed Construction Work (PCW) Erection / dismantling of formwork / scaffolding Loading / unloading / handling of rubble, wooden boards, steel bars wood or scaffolding material Hammering Prescribed Construction Work (PCW) includes 3 main types: 1) Erection or dismantling of formwork or scaffolding 2) Loading , unloading or handling of rubble , wooden boards , steel bars wood or scaffolding material 3) Hammering These construction activities are nuisance-prone and their operation at odd hours are particularly disturbing regardless the noise levels made. It is the operation mode of these activities that are the objective of control under the NCO.

Quiet Method of Prescribed Construction Work General Works Quiet Method of Prescribed Construction Work Disposal of rubble through plastic chutes Disposal of rubble through plastic chute is considered as a quieter working method for carrying out PCW.

General Works CNP Assessment Technical memoranda for assessment Assess noise impact on nearby Noise Sensitive Receivers Correction for multi- sites Complaints / legal actions are taken into consideration “Technical Memorandum on Noise from Construction Work other than Percussive Piling” and “Technical Memorandum on Noise from Construction Work in Designated Areas” detail the procedures for determining (on the basis of equipment used, distance separation, and the calculated noise level) whether a CNP for general works should be granted. The noise impact on nearby Noise Sensitive Receivers (NSRs, e.g. dwellings, school) are assessed in accordance with the Technical Memoranda. If the NSR will be affected by noise from construction works associated with more than one CNP, EPD may make necessary correction and may affect the result of the assessment. It is in the interest of the industry that only the needed equipment should be applied in the first instance. EPD may refuse to issue CNP having regard to complaints received and offence spotted notwithstanding the procedure and guidelines given in the Technical Memoranda.

Construction Noise Control Philosophy Daytime - no CNP control on GW Nighttime - people have the right of peace for rest No CNP granted unless really necessary Under the Noise Control Ordinance, there is no statutory control on the noise from general works during the unrestricted hours (i.e. 7 am - 7 pm on weekdays). Contractor should fully utilize the unrestricted hours, which are less noise sensitive. People living near the site have the right of peace during night time and holidays. The Authority considers the granting of a CNP is an exception rather than a norm.

CNP Applications Fully utilize the less noise sensitive hours Apply only if really necessary Self - assess before applying Apply well in advance Provide relevant information Under the Noise Control Ordinance, there is no statutory control on the noise from general works during the unrestricted hours (i.e. 7am-7pm on weekdays). Contractor should fully utilize the unrestricted hours, which are less noise sensitive. It is a good practice for the applicant to assess the noise impact before applying CNP. EPD will issue or refuse a CNP within 28 days form the application date, so the application should be made well in advance. Application shall be made together with the location plan of the site with indication of the location of Noise Sensitive Receivers, photo of the powered mechanical equipment involved and self-assessment sheet (if any).

CNP Assessment Meeting noise requirements No prohibited activities Unavoidable constraints on working hours Justification required Quietest means + Practical noise mitigation measures CNP may be granted if the assessment results indicate that the noise from the site would be below the relevant acceptable noise levels stated in the Technical Memoranda. No prohibited activities should be involved in the use of the powered mechanical equipment. For example, tower crane should not be used to transport steel bars and wooden boards as these kind of activities are considered as prescribed construction work, which may not be permitted to be carried out within the designated areas. In some situations, the carrying out of construction works during restricted hours would cause less public annoyance or inconvenience than would be caused by carrying out the works during non-restricted hours. Examples of which include those in which serious interruption to road traffic, supply of potable water, electricity and gas may result if the works are carried out during daytime. CNP may be granted if the works under under these unavoidable constraints on working hours. Strong justification from relevant government departments and utilities companies is required. In all circumstances, quietest practicable working methods and equipment should be adopted. The CNP may be specified with special noise mitigation measures for the work.

Quiet Construction Work Use Quieter Equipment Contractors are encouraged to use quieter construction equipment. Example : Wire Saw for Concrete Cutting Noise about 16 dB(A) lower than the conventional excavator mounted breaker. Modern wire saw for concrete cutting 16 dB(A) lower than excavator mounted breaker

Hydraulic piling hammer reduce 2-9 dB(A) Quiet Construction Work Use Quieter Equipment Hydraulic piling hammer reduce 2-9 dB(A) Hydraulic crusher for demolition 20 dB(A) lower than excavator mounted breaker Contractors are encouraged to use quieter construction equipment. Example : Hydraulic piling hammer Noise about 2-9 dB(A) lower than the diesel, pneumatic or steam hammer Example : Hydraulic crusher Noise about 20 dB(A) lower than the conventional excavator mounted breaker for demolition.

Quiet Construction Work Enclosure effectively reduced noise from generator Use Quieter Equipment Enclosure / Barriers Acoustic enclosure for breaker reduce 3-5 dB(A) 6 m barrier for pre-bored machines reduce 3 dB(A) Contractors are encouraged to use acoustic barrier/enclosure to reduce construction noise. Examples : Acoustic enclosure for hand-held breaker Acoustic enclosure for generator Acoustic barrier for pre-bored machine

Container used as noise enclosure Specific design noise enclosure Quiet Construction Work Use Quieter Equipment Enclosure / Barriers Container used as noise enclosure Specific design noise enclosure Contractors are encouraged to use acoustic barrier/enclosure to reduce construction noise. Examples : Container used as noise enclosure Specific design of noise enclosure (MTR North Point Station)

Communication with Neighbours Good communication with affected neighbors reduce complaint Control of the flow of people during holiday Contractor is encouraged to enhance communication with neighbours. Liaison meeting before commencement of work helps mutual understanding between contractor and residents nearby.

Enforcement Practices EPD / Police will take action if : use of prescribed products without the no valid CNP for work when necessary CNP conditions are not complied with Green Label Apart from the Noise Control Authority (i.e. EPD), the police is also authorized to enforce the sections of product noise and construction noise under the Noise Control Ordinance.

Enforcement Practices Police would: possess copies of issued CNP investigate complaints initiate prosecution EPD would send a copy of all CNP issued to the relevant local police station. Upon receiving complaints from the public, police would carry out investigations. Police may initiate prosecution when necessary.

Enforcement Practices EPD would : relay complaints to Police investigate complaints conduct surveillance inspection initiate prosecution EPD conduct surveillance inspections both upon receiving complaint and proactively. Prosecution action will be initiated if offence is spotted with sufficient evidence collected.

Enforcement Practices Offences spotted would : result in cancellation of CNPs have an effect on CNP renewals lead to prosecution action Apart from prosecution action, an offence spotted under the NCO would result in cancellation of the corresponding CNP. EPD would also take the offence into consideration in CNP renewal or re-application.

Enforcement Practices Main contractors are strictly liable Any persons involved are also liable: sub-contractors person-in-charge workers managing directors Offence under section 6 of the Noise Control Ordinance (i.e. noise from construction site) is a strict liability offence. The main contractor is strictly liable and the liability could not be delegated. Other persons involved such as sub-contractors, person-in-charge, workers and managing directors of the company are also liable and could be prosecuted upon the gathering of sufficient evidence.

Enforcement Practices Fine : $100,000 on first conviction $200,000 on 2nd or subsequent convictions daily fine $20,000 per day. Conviction records would be : Relayed to Client Government Departments / bureaux Released to the press The fines listed above are the maximum fines that could be imposed. Conviction records would be relayed to the relevant client government departments and Works Bureau. There is also a monthly press release for the convictions under various environmental ordinances.

Summary Noise Control Ordinance CNP for -Percussive Piling -General Works Green Label for -Air compressors -Hand-held breaker Green Label Summary Noise related to construction activities is controlled under the NCO. There are two types of Construction Noise Permits (CNP), namely : 1. Percussive Piling 2. General Works (Powered Mechanical Equipment & Prescribed Construction Work) Noise Emission Label is required for two types of equipment 1. Air compressor 2. Hand-held breaker

Summary Allow no work at night time & on holidays without a CNP Monitoring / control site activities - own work / subcontractors Rectify irregularities promptly Educate staff / provide training Minimize disturbances Prevention is better than cure Summary 1. No construction work should be carried out without a valid CNP during the restricted hours. 2. Main contractor should control and monitor their own and their sub- contractors’ activities. 3. Carry out monitoring work and rectify irregularities promptly. Don’t wait until EPD carry out enforcement actions. 4. Provide adequate training for the staff. 5. Minimize the noise disturbance to the residents nearby. (e.g. placing noisy equipment further away from the residents, schedule noisy operation after 9am) 6. Plan ahead. Prevention is better than cure.

Environmental Protection Department