Barrie : Règlement no 2006-140, art. 13 — Exclusion No restrictions apply to a stationary source resulting in a One Hour Equivalent Sound Level

Exclusion No restrictions apply to a stationary source resulting in a One Hour Equivalent Sound Level

• (Leq) or a Logarithmic Mean Impulse Sound Level
• (LLM) lower than the minimum values for that time period as specified in Table 205-1.
• 205-1 Minimum Values for One Hour Leq or LLM by Time of Day One Hour Leq or LLM (dBAI) Time of Day Class 1 Area Class 2 Area 0700 - 1900 50 50 1900 – 2300 47 45 2300 – 0700 45 45 By-law 2006-140 53 Office Consolidation The Corporation of the City of Barrie Noise By-law ANNEX SOUND LEVEL LIMITS FOR STATIONARY SOURCES 1 & 2 AREAS (URBAN) A.1. General In general, noises are annoying because they are heard over and above the level of the so-called “background” or surrounding environmental noise climate at a particular location. The standard for environmental noise acceptability of stationary sources is therefore expressed as the difference between noise from the source and the background noise. The background noise is essentially made up of the road traffic noise, which creates an “urban hum”. It may also include contributions from existing industry or commercial activity adjacent to the stationary source under investigation. Contributions of these secondary noise sources are considered to be a part of urban hum and may be included in the measurements or calculation of the background sound levels provided that they are not under consideration for noise abatement by the Municipality or the Ministry of Environment and Energy. The sound level limits specified in Section 8 of Publication NPC-205 represent the general limitation on noise produced by stationary sources. Some noises, however, are annoying no matter where or in what kind of environment they exist. High level impulsive noises represent a special category and consequently, are restricted by an absolute limitation. Sections 9 and 10 of this Publication provide criteria of acceptability for specific impulsive noise sources. A.2. Application The limits presented in Publication NPC-2O5 are designed for the control of noise from sources located in industrial, commercial or residential areas. The limits apply to points of reception located in Class 1 and Class 2 Areas. Sound level limits contained in Publication NPC-205 do not apply to the excluded noise sources listed in Section A.3.(2) and neither do they apply to any equipment, apparatus or device used in agriculture for food crop seeding, chemical spraying or harvesting. In addition, several specific noise sources have been addressed in separate Publications. Limits for residential air conditioners are contained in Publication NPC-216 - Residential Air Conditioning Devices, Reference [8] and the limits for blasting operations in quarries and surface mines are contained in Publication NPC-l 19 - Blasting, Reference [7]. A.3. Stationary Sources The objective of the definition of a stationary source of sound is to address sources such as industrial and commercial establishments or ancillary transportation facilities. In order to further clarify the scope of the definition, the following list identifies examples of installations, equipment, activities or facilities that are included and those that are excluded as stationary sources. (1) Included Sources Individual stationary sources such as:
• Heating, ventilating and air conditioning (HVAC) equipment;
• Rotating machinery;
• Impacting mechanical sources;
• Generators;
• Burners;
• Grain dryers. Facilities usually comprising many sources of sound. In this case, the stationary source is understood to encompass all its activities taking place within the property boundary of the facility. The following are examples of such facilities:
• Industrial facilities;
• Commercial facilities;
• Ancillary transportation facilities;
• Aggregate extraction facilities;
• Warehousing facilities;
• By-law 2006-140 54 Office Consolidation The Corporation of the City of Barrie Noise By-law Maintenance and repair facilities;
• Snow disposal sites;
• Routine loading and unloading facilities (supermarkets, assembly plants, etc.). Other sources such as:
• Car washes;
• Race tracks;
• Firearm Ranges. (2) Excluded Sources Specific sources or facilities:
• Construction activities;
• Transportation corridors, i.e. roadways and railways;
• Residential air conditioning devices including air conditioners and hear pumps;
• Gas stations;
• Auditory warning devices required or authorized by law or in accordance with goods safety practices;
• Occasional movement of vehicles on the property such as infrequent delivery of goods to convenience stores, fast food restaurants, etc. Other noise sources, normally addressed in a qualitative manner in municipal noise by-laws:
• The operation of auditory signaling devices, including but not limited so the ringing of bells or gongs and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means;
• Noise produced by animals kept as domestic pets such as dogs barking;
• Tools and devices used by occupants for domestic purposes such as domestic power tools, radios and televisions, etc., or activities associated with domestic situations such as domestic quarrels, noisy parties etc;
• Noise resulting from gathering of people at facilities such as restaurants and parks. Activities related go essential service and maintenance of public facilities such as but not limited to roadways, parks and sewers, including snow removal, road cleaning, road repair and maintenance, lawn mowing and maintenance, sewage removal, garbage collection, etc. A.4 Predictable Worst Case Impact The assessment of noise impact requires the determination of the “predictable worst case” impact. The “predictable worst case” impact assessment should establish the largest noise excess produced by the source over the applicable limit. The assessment should reflect a planned and predictable mode of operation of the stationary source. It is important to emphasize that the “predictable worst case” impact does not necessarily mean that the sound level of the source is highest;
• it means that the excess over the limit is largest. For example, the excess over the applicable limit at night may be larger even if the day-time sound level produced by the source is higher. By-law 2006-140 55 Office Consolidation The Corporation of the City of Barrie Noise By-law A.5 Definitions In the interpretation of Publication NPC-205, the following definitions are of particular relevance:
•  Ancillary Transportation Facilities “Ancillary transportation facilities” mean subsidiary locations where operations and activities associated with the housing of transportation equipment (or personnel) take place. Examples of ancillary transportation facilities include, but are not limited to, substations, vehicle storage arid maintenance facilities, fans, fan and vent shafts, mechanical equipment plants, emergency services buildings, etc.  Construction “Construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith;
• “construction” excludes activities associated with the operation at waste and snow disposal sites;
•  Construction Equipment Construction equipment means any equipment or device designed and intended for use in construction, or material handling including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, payers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment;
•  Conveyance “Conveyance” includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person;
•  Highway “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by the general public for the passage of vehicles;
•  Motor Vehicle “Motor vehicle” includes an automobile, motorcycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of diesel, electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road- building machine within the meaning of the Highway Traffic Act;
•  Motorized Conveyance “Motorized conveyance” means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power:
•  Noise “Noise” means unwanted sound;
• By-law 2006-140 56 Office Consolidation The Corporation of the City of Barrie Noise By-law  Point of Reception “Point of reception” means any point on the premises of a person where sound or vibration originating from other than those premises as received. For the purpose of approval of new sources, including verifying compliance with Section 9 of the Environmental Protection Act, the point of reception may be located on any of the following existing or zoned for future use premises:
• permanent or seasonal residences, hotels/motels, nursing/retirement homes, rental residences, hospitals, camp grounds, and noise sensitive buildings such as schools and places of worship. For equipment/facilities proposed on premises such as nursing/retirement homes, rental residences, hospitals, and schools, the point of reception may be located on the same premises.  Stationary Source “Stationary source” and a source of sound which does not normally move from place to place and includes the premises of a person as one stationary source, unless the dominant source of sound on those premises is construction or a conveyance.  Urban Hum Means aggregate sound of many unidentifiable, mostly road traffic related noise sources. By-law 2006-140 57 Office Consolidation The Corporation of the City of Barrie Noise By-law PUBLICATION NPC-206 SOUND LEVELS DUE TO ROAD TRAFFIC TABLE OF CONTENTS