1. 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).

2. 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

3. «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)

4. 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.

5. 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

6. 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).

7. 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 hrs 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.

8. Percussive Piling Control
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 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.

9. 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.

10. 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).

11. 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.

12. 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….

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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).

19. 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.

20. 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

21. 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.

22. 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

23. 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)

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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

32. 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.

33. Environmental Protection Department