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7338485
CITY OF RICHMOND
NOISE REGULATION
BYLAW NO. 8856
EFFECTIVE DATE - FEBRUARY 27, 2012
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws listed below. The amendment bylaws have been combined with the
original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the
original bylaws should be consulted for all interpretations and applications of the bylaws on this subject.
AMENDMENT BYLAW
DATE OF ADOPTION
EFFECTIVE DATE
(If different from Date of Adoption)
9263
September 14, 2015
9486
November 9, 2015
10241
March 22, 2021
10474
July 24, 2023
7338485
Bylaw 8856
Noise Regulation Bylaw No. 8856
The Council of the City of Richmond enacts as follows:
PART ONE: INTRODUCTION
1.1
Title
1.1.1 This Bylaw may be cited as the "Noise Regulation Bylaw No. 8856".
1.1.2 Definitions
In this Bylaw,
"Activity Zone" means those areas so described in this Bylaw and so indicated in
Schedule A, attached to and forming part of this Bylaw;
"approved sound meter" means an acoustic instrumentation system which:
(a)
is comprised of a microphone, wind screen and recorder which conforms
to class 1 or class 2 requirements for an integrating sound level meter as
defined by IEC 61672-1 [2002];
(b)
has been field calibrated before and after each sound measurement using a
class 1 or class 2 field calibrator as defined by IEC 60942 [2003]; and
(c)
has been calibrated, along with the field calibrator, within the past two
years by an accredited lab to a traceable national institute standard;
"City" means the City of Richmond;
"construction" includes
(a)
the erection, alteration, repair, relocation, dismantling, demolition and
removal of a building or structure;
(b)
structural maintenance, power-washing, painting, land clearing, earth
moving, grading, excavating, the laying of pipe and conduit (whether
above or below ground), street or road building and repair, concrete
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placement, and the installation, or removal of construction equipment,
components and materials in any form or for any purpose; or
(c)
any work or activities being done or conducted in connection with any of
the work listed in paragraphs (a) or (b);
"Council" means the City Council of Richmond;
"daytime" means
(a)
from 7:00 a.m. to 8:00 p.m. Monday through Saturday;
(b)
from 10:00 a.m. to 6:00 p.m. on a Sunday or holiday;
"dBA", or A-weighted decibel, means the unit used to measure the sound pressure level
using the "A" weighting network setting on an approved sound meter;
"dBC", or C-weighted decibel, means the unit used to measure the sound pressure level
using the "C" weighting network setting on an approved sound meter;
"General Manager" means the General Manager of Engineering and Public Works for
the City of Richmond or his or her designate;
"holiday" means
(a)
New Years Day, Good Friday, Easter Monday, Victoria Day, Canada Day,
British Columbia Day, Labour Day, Thanksgiving Day, Remembrance
Day, Christmas Day and Boxing Day or any other statutory holiday that
may be declared by the Province of British Columbia; and
(b)
the day named in lieu of a day that is named in paragraph (a) and that falls
on a Saturday, Sunday or the following Monday;
"IEC" means the International Electro-Technical Commission;
"impulsive sound" means specific sound that is characterized by brief bursts of sound
pressure, with the duration of each impulse usually less than 1 second, including without
limitation specific sound containing "bangs", "clicks", "clatters" or "thumps" from
hammering, banging of doors and metal impacts;
"impulsive sound adjustment" means a 5 dBA increase applied to specific sound
classified as impulsive sound and a 0 dBA increase applied to specific sound that is not
classified as impulsive sound;
"inspector" includes the Medical Health Officer, the Health Protection Manager, the
General Manager, a Bylaw Enforcement Officer employed by the City, a Peace Officer,
and any employee, contractor or agent acting under the supervision of any of them;
"Intermediate Zone" means those areas so described in this Bylaw and so indicated in
schedule A, attached to and forming part of this Bylaw;
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"ISO" means the International Organization for Standardization;
"Leq", or equivalent continuous sound pressure level, means that constant or steady
sound level, rounded to the nearest decibel, which, in a specified time period, conveys
the same sound energy as does the actual time-varying sound level;
"lawn and garden power equipment" means any equipment or machinery used in lawn
and garden care, including leaf blowers, edge trimmers, rototillers and lawn mowers;
"measurement time interval" means the total time over which sound measurements are
taken, and:
(a)
is chosen to best represent the situation causing disturbance;
(b)
is between 1 minute and 30 minutes;
(c)
is chosen to avoid influence from the residual sound where possible; and
(d)
may consist of a number of non-contiguous, short term measurement time
intervals that add up to 1 to 30 minutes;
"Medical Health Officer" means the Medical Health Officer appointed under the Public
Health Act, SBC 2008, c. 28 or his/her designate, to act within the limits of the
jurisdiction of any local board, or within any health district;
"nighttime" means any period of any day not specifically defined as daytime;
"point of reception" means a position within the property line of the real property
occupied by the recipient of a sound that best represents the location at which that
specific sound, emanating from another property, is received and the resulting
disturbance experienced and is:
(a)
at least 1.2 m from the surface of the ground and any other sound
reflecting surface; and
(b)
outdoors, unless there is no point of reception outdoors because the
specific sound is within the same building or the wall of one premises is
flush against another, in which case the point of reception shall be within
the building where the specific sound is received and the resulting
disturbance experienced;
"premises" means
(a)
the area contained within the boundaries of a legal parcel of land and any
building situated within those boundaries; and
(b)
each unit, the common areas of the building, and the land within the
apparent boundaries of the legal parcel of land are each separate premises
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where a building contains more than one unit of commercial, industrial or
residential occupancy;
"Quiet Zone" means those areas so described in this Bylaw and so indicated in Schedule
A, attached to and forming part of this Bylaw;
"rating level" means the specific sound level plus the impulsive sound adjustment and
tonal sound adjustment;
"residential occupancy" in respect of premises, means a dwelling unit located within a
building, and includes a room for rent in a hotel or motel;
"residual sound" means the sound remaining at a given location in a given situation
when the specific sound source is suppressed to a degree such that it does not contribute
to the total sound;
"sound" means an oscillation in pressure in air which can produce the sensation of
hearing when incident upon the ear;
"specific sound" means the sound under investigation;
"specific sound level" means the equivalent continuous sound pressure level or Leq at
the point of reception produced by the specific sound over the measurement time
interval;
"tonal sound" means specific sound which contains one or more distinguishable,
discrete, continuous tones or notes including, without limitation:
(a)
specific sound characterized by a "whine", "hiss", "screech" or "hum";
and
(b)
music;
"tonal sound adjustment" means a 0 - 6 dBA increase applied to specific sound
classified as tonal sound as determined using the approach described in ISO 1996-2
[2007] Annex C and a 0 dBA increase applied to specific sound that is not classified as
tonal sound;
"total sound" means the totally encompassing sound in a given situation at a given
time, usually composed of sound from many sources near and far;
"total sound level" means the equivalent continuous sound pressure level or Leq at the
point of reception produced by the total sound over the measurement time interval;
and
"vehicle" means a device in, on or by which a person or thing is or may be transported
or drawn along a highway, but does not include a device designed to be moved by
human power or device used exclusively on stationary rails or tracks.
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PART TWO: SOUND LEVELS
2.1 Quiet Zone Permitted Sound Levels
2.1.1 In a Quiet Zone a person must not make, cause or permit to be made or caused, any sound
that has a rating level which:
(a)
during the daytime exceeds:
(i)
55 dBA or 65 dBC when received at a point of reception in a Quiet
Zone;
(ii)
60 dBA or 70 dBC when received at a point of reception in an
Intermediate Zone;
(iii)
70 dBA or 80 dBC when received at a point of reception in an
Activity Zone; or
(b)
during the nighttime exceeds:
(i)
45 dBA or 55 dBC when received at a point of reception in a Quiet
Zone;
(ii)
50 dBA or 60 dBC when received at a point of reception in an
Intermediate Zone;
(iii)
70 dBA or 80 dBC when received at a point of reception in an
Activity Zone.
2.2
Intermediate Zone Permitted Sound Levels
2.2.1 In an Intermediate Zone a person must not make, cause or permit to be made or caused,
any sound that has a rating level which:
(a)
during the daytime exceeds:
(i)
60 dBA or 70 dBC when received at a point of reception in a Quiet
Zone;
(ii)
60 dBA or 70 dBC when received at a point of reception in an
Intermediate Zone;
(iii)
70 dBA or 80 dBC when received at a point of reception in an
Activity Zone; or
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(b)
during the nighttime exceeds:
(i)
50 dBA or 60 dBC when received at a point of reception in a Quiet
Zone;
(ii)
50 dBA or 60 dBC when the prescribed point of reception is
outdoors or 55 dBC when the prescribed point of reception is
indoors in an Intermediate Zone;
(iii)
70 dBA or 80 dBC when received at a point of reception in an
Activity Zone.
2.3
Activity Zone Permitted Sound levels
2.3.1 In an Activity Zone a person must not make, cause or permit to be made or caused, any
sound that has a rating level which:
(a)
during the daytime exceeds:
(i)
60 dBA or 70 dBC when received at a point of reception in a Quiet
Zone;
(ii)
65 dBA or 75 dBC when received at a point of reception in an
Intermediate Zone;
(iii)
70 dBA or 80 dBC when received at a point of reception in an
Activity Zone; or
(b)
during the nighttime exceeds:
(i)
50 dBA or 60 dBC when received at a point of reception in a Quiet
Zone;
(ii)
55 dBA or 65 dBC when received at a point of reception in an
Intermediate Zone;
(iii)
70 dBA or 80 dBC when received at a point of reception in an
Activity Zone.
2.4
Summary of Permitted Sound Levels by Zone
2.4.1 For convenience, the outdoor sound level limits set out in sections 2.1 to 2.3 are
summarized in the table in Schedule B, attached to and forming part of this Bylaw.
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2.5
Properties Where Specific Modifications or Exceptions to Rating Levels Apply
2.5.1 Properties listed in Schedule C of this Bylaw are subject to the rating levels set-out in
Schedule C. Except as modified or excepted in Schedule C, the rating levels in sections 2.1
- 2.3 of this Bylaw apply to such properties.
2.6
Assessment at Locations Affected by Residual Sound
2.6.1 Where the total sound level exceeds all of the prescribed sound limits identified in sections
2.1 to 2.3 and is influenced by the residual sound at the point of reception such that the
specific sound cannot be accurately measured, the specific sound should be measured at
distances close to the source and then predicted at the point of reception using an
internationally accepted calculation standard such as ISO 9613-2.
2.7
Role of Inspector
2.7.1 Any inspector may measure sound levels with an approved sound meter, and may enter
at all reasonable times upon any real property, to determine compliance with the provisions
of Part Two of this Bylaw.
PART THREE: PROHIBITED TYPES OF NOISE
3.1
Noise Disturbing Neighbourhood
3.1.1 A person:
(a)
must not make or cause a sound in a street, park, plaza or similar public
place which disturbs or tends to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of persons in the neighbourhood or vicinity;
(b)
who is the owner or occupier of, or is in possession or control of, real
property must not make, suffer, or permit any other person to make, a sound,
on that real property, which can be easily heard by a person not on the same
premises and which disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of persons in the neighbourhood or
vicinity.
3.1.2
Subsection 3.1.1 does not apply if a sound level may, in the determination of the
inspector, practically be measured and the sound level is in compliance with Part Two of
this Bylaw.
3.2
Prohibited Types of Noise
3.2.1 The following sounds are prohibited because they are objectionable, or liable to disturb the
quiet, peace, rest, enjoyment and comfort of individuals or the public notwithstanding that
such sounds may not constitute a violation of any other provision of this Bylaw:
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(a)
the sound made by a dog barking, howling or otherwise, or the sound
created by any other animal, continually or sporadically or erratically for
any period in excess of one-half hour of time;
(b)
the sound made by a combustion engine that is operated without using an
effective exhaust muffling system;
(c)
the sound made by a vehicle or a vehicle with a trailer resulting in banging,
clanking, squealing or other like sounds due to an improperly secured load
or improperly secured equipment, or due to inadequate maintenance;
(d)
the sound made by a vehicle horn or other warning device used except under
circumstances required or authorized by law;
(e)
the sound made by amplified music, whether pre-recorded or live, after 2:00
a.m. and before 8:00 a.m. on any day;
(f)
sound produced by audio advertising which:
(i)
is directed at pedestrians or motorists on any street or sidewalk; or
(ii)
can be heard on any street or sidewalk.
(g)
except as permitted under section 4.1.1(l), the sound caused by lawn and
garden power equipment; and
(h)
except as permitted under section 4.1.1(m), the sound caused by
construction.
PART FOUR: EXEMPTIONS
4.1
Specific Exemptions
4.1.1
Exempted from the general sound restrictions in Part 2 is sound made:
(a)
by a police, fire, ambulance or other emergency vehicle;
(b)
by a horn or other signalling device on any vehicle, boat or train where such
sounding is properly and necessarily used as a danger or warning signal;
(c)
by the use, in a reasonable manner, of an apparatus or mechanism for the
amplification of the human voice or music in a public park, public facility or
square in connection with a public meeting, public celebration, athletic or
sports event or other public gathering, if:
(i)
that gathering is held under a City issued permit or license or similar
agreement; or
(ii)
that gathering has received prior approval under section 4.2.1;
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(d)
by bells, gongs or chimes by religious institutions, or the use of carillons,
where such bells, gongs, chimes or carillons have been lawfully erected;
(e)
by works and activities authorized by the British Columbia School Board 38
(Richmond) and conducted by its employees, agents and contractors on
property owned or operated by British Columbia School Board 38
(Richmond);
(f)
by a parade, procession, performance, concert, ceremony, event, gathering or
meeting in or on a street or public space, provided that a permit, licence or
similar agreement has been granted by the City for the event;
(g)
by outdoor athletic activity that takes place between 8:00 a.m. and 10:30
p.m.;
(h)
by the use, in a reasonable manner, of the premises of a Community Care
Facility duly licensed under the Community Care and Assisted Living Act,
SBC, 2002, Chapter. 75, or from the use of a similar institution;
(i)
by works and activities authorized by the City and conducted by its
employees, agents and contractors on property owned (including, without
limitation dedicated roads, statutory rights of way, parks and other public
spaces) or operated by the City;
(j)
by a garbage collection service during the daytime;
(k)
by municipal works including, but not limited to, the construction and repair
of streets, sewers lighting and other municipal services, whether carried out
during the daytime or during the nighttime by, or on behalf of the City or the
Greater Vancouver Regional District or any other public authority, but,
unless the General Manager approves otherwise, does not include
construction carried out under and agreement to install City works as
described in section 940 of the Local Government Act;
(l)
by lawn and garden power equipment, provided that the use of the lawn
and garden power equipment takes place:
(i)
between 7:00 a.m. and 8:00 p.m. Monday through Friday; or
(ii)
between 10:00 a.m. and 8:00 p.m. on a Saturday, Sunday and
holiday;
(m)
by construction, provided that it has a rating level which does not exceed
85 dBA when measured at a distance of 15.2m (50 feet) from that source of
sound, and only:
(i)
between 7:00 a.m. and 8:00 p.m. Monday through Friday that is not a
holiday for any type of construction;
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(ii)
between 10:00 a.m. and 8:00 p.m. Saturday that is not a holiday for
any type of construction; and
(iii)
between 10:00 a.m. and 6:00 p.m. on a Sunday or holiday, provided
the construction is in connection with a residential building or
structure and undertaken personally by the owner or occupier of the
premises.
(n)
by the nightly cleaning of streets and sidewalks and the collection of garbage
from sidewalk refuse bins by or on behalf of the City;
(o)
by public transit or aeronautics;
(p)
by normal farm practices on a farm operation as defined by and protected by
the Farm Practices Protection (Right to Farm) Act; or
(q)
by an occupant of a strata lot or rental unit used for residential occupancy
where the source of the sound and the point of reception is within the
same building.
4.1.2
In respect to the exemption set-out in subsection 4.1.1(m), the owner or occupier of a
premises where construction with a construction value exceeding $150,000 is being
undertaken shall install and maintain a sign on the premises in accordance with the
following:
(a)
The sign shall measure:
(i)
at least 1.48 m2 for construction that is or is in respect to a single-
family dwelling or duplex (or two-family) dwelling; and
(ii)
at least 2.97 m2 for all other types of construction.
(b)
The sign shall meet the minimum dimensional size and placement
specifications and be in the format set-out in schedule D, attached to and
forming part of this Bylaw.
(c)
The sign shall include the following information:
(i)
permitted hours for construction noise, as set-out in section 4.1.1(m)
of this Bylaw;
(ii)
name of the company undertaking the construction, if applicable;
(iii)
the name and phone number of the general contractor, owner or other
person who is available to address complaints about the
construction on a 24 hour per day basis; and
(iv)
the phone number for the City's Community Bylaws Department,
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as shown on schedule D attached to and forming part of this Bylaw.
(d)
Unless the sign is secured to a building, the sign shall be supported by posts
and poles and be capable of withstanding all weather conditions.
(e)
The background colour for the sign shall be gray and the words shall be
white Helvetica medium block lettering, with a minimum letter height of
2.54 cm.
(f)
The owner or occupier shall maintain the sign required by this subsection
4.1.2 on the premises from the commencement date of any construction to
the date that the construction receives final building inspection notice
permitting occupancy.
4.2
Exemptions and Relaxations by Approval
4.2.1 A person may submit an application for an exemption or relaxation from the provisions
of this Bylaw to the General Manager, in a form and with content satisfactory to the
General Manager who may allow the exemption or relaxation with or without terms and
conditions or refuse the exemption or relaxation provided that the exemption or
relaxation is limited to a period of not more than forty-eight (48) hours.
4.2.2
With respect to exemptions or relaxations from the limitations imposed by section 4.1.1(m)
of this Bylaw for construction projects, the General Manager may grant the exemption if
satisfied that:
(a)
the volume of traffic in the area of the proposed construction is such as to
cause danger to the workers on the job, or to cause traffic congestion;
(b)
the impact and inconvenience to residents in the area of the proposed
construction can be minimized;
(c)
the construction cannot be undertaken efficiently or safely during the normal
working day; or
(d)
interruption of any service during normal working day would cause any
person undue hardship.
4.2.3
If an exemption or relaxation is granted by the General Manager the applicant must, at
least forty-eight (48) hours before the start of the exemption period, distribute a notice, in a
form and with content satisfactory to the General Manager, to all residences within a one
hundred (100) metre radius. Such a notice is to include, but will not be limited to, all times
and dates, the specific location and general description of the activity. The notice
requirement in this section is in addition to the signage requirement in section 4.1.2.
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4.2.4
An applicant who has been refused an exemption or relaxation by a decision of the General
Manager may apply to have Council reconsider that decision in accordance with the
following procedures:
(a)
the applicant may apply by notice to the City Clerk within 14 days of any
refusal by the General Manager to grant an exemption or relaxation;
(b)
the applicant may address Council in writing or in person concerning the
specific exemption or any future exemptions; and
(c)
Council may allow or revise the exemption or relaxation with or without
terms and conditions or refuse the exemption or relaxation.
4.3
Modification of Exception of Rating Levels by Bylaw Amendment
4.3.1
A person may, in respect to a specific property or specific properties, submit an application
for a modification of this Bylaw in respect to a rating level set out in section 2.1 - 2.3 of this Bylaw
to the General Manager in a form and with a content satisfactory to the General Manager who
shall refer the application to Council for consideration with recommendations.
PART FIVE: GENERAL
5.1
Severability
5.1.1
No provision of this Bylaw depends for its validity on the validity of any other provision.
5.2
Offences and Penalties
5.2.1 (a)
a violation of any of the provisions identified in this Bylaw shall result in liability
for penalties and late payment amounts established in Schedule A of the Notice of
Bylaw Violation Dispute Adjudication Bylaw No. 8122; and
(b)
a violation of any of the provisions identified in this Bylaw shall be subject to the
procedures, restrictions, limits, obligations and rights established in the Notice of
Bylaw Violation Dispute Adjudication Bylaw No. 8122 in accordance with the
Local Government Bylaw Notice Enforcement Act, SBC 2003, c.60.
5.2.2 Every person who contravenes any provision of this bylaw is considered to have
committed an offence against this bylaw and is liable on summary conviction, to a fine of
not more than Ten Thousand Dollars ($10,000), and each day that such violation is
caused, or allowed to continue, constitutes a separate offence.
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FIRST READING
SECOND READING
THIRD READING
ADOPTED
MAYOR
CITY CLERK
CITY OF
RICHMOND
APPROVED
for content by
originating
Division
APPROVED
for legality
by Solicitor
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SCHEDULE A TO BYLAW 8856
NOISE ZONES
Category
Quiet Zone
Intermediate Zone
Activity Zone
1. Standard Zoning
(subject to Category 4)
Residential
Zones
commencing with
RS, RC, RD, RI,
RT, RA
Residential /
Limited
Commercial
Zones
commencing with
RCL
Institutional
Zones
commencing with
ASY, HC
Mixed Use
Zones
commencing with
CN, CS
Mixed Use Zones
commencing
with
CDT
Commercial Zones
commencing with CL,
CC, CA, CEA, CG,
CP, CV, CR
Marina Zones
commencing with
MA1, MA2
Institutional
Zones commencing
with AIR, SI
Agriculture &
Golf Zones
commencing with
AG, GC
Industrial Zones
commencing with I,
IL, IB, IR, IS
2. Site Specific Zoning
(subject to Category 4)
Residential
Zones
commencing with
ZS, ZD, ZT, ZLR,
ZHR
Residential
(Other) Zones
commencing with
ZR
Mixed Use Zones
commencing
with
ZMU
Commercial
Zones commencing
with ZC
Public Zones
commencing with ZIS
Agricultural
Zones commencing
with ZA
Industrial Zones
commencing with ZI
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Category
Quiet Zone
Intermediate Zone
Activity Zone
3. Land Use Contracts
(subject to Category 4)
001-009, 011-
021, 023-027,
029-037, 040-050,
052-061, 063,
065-069, 071-077,
081-086, 088-090,
093-102, 104-117,
120-121, 123-125,
129-138, 140-165
or, if the Land
Use Contracts are
terminated and
replaced by
underlying
zoning, the
underlying
zoning.
010, 022, 028,
051, 062, 064, 070,
078, 079, 087, 092,
119, 122, 126, 128 or,
if the Land Use
Contracts are
terminated and
replaced by
underlying zoning, the
underlying zoning.
039, 091, 127,
139 or, if the Land
Use Contracts are
terminated and
replaced by
underlying zoning, the
underlying zoning.
4. Additional Designations
All parcels that
would otherwise be
classified as a Quiet
District that are in
Areas 1A or 2 as
outlined in the OCP
Aircraft Noise
Sensitive
Development Table
contained in Section
5.4 - Noise
Management in the
Richmond Official
Community Plan
Bylaw No 7100
All parcels
bordering a municipal
4-lane roadway,
Highway 91 or
Highway 99
All roadways
All railroad
rights-of-way
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SCHEDULE B TO BYLAW 8856
SUMMARY OF PERMITTED OUTDOOR SOUND LEVELS BY ZONE
Sound Receiver Zone
Quiet
Intermediate
Activity
Day
Night
Day
Night
Day
Night
Sound
Source
Zone
Quiet
55 dBA
65 dBC
45 dBA
55 dBC
60 dBA
70 dBC
50 dBA
60 dBC
70 dBA
80 dBC
70 dBA
80 dBC
Intermediate
60 dBA
70 dBC
50 dBA
60 dBC
60 dBA
70dBC
50 dBA
60 dBC
70 dBA
80 dBC
70 dBA
80 dBC
Activity
60 dBA
70dBC
50 dBA
60 dBC
65 dBA
75 dBC
55 dBA
65 dBC
70 dBA
80 dBC
70 dBA
80 dBC
Note: the permitted outdoor dBC sound level is 10 dB higher than the permitted dBA sound
level.
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SCHEDULE C TO BYLAW 8856
SPECIFIC MODIFICATIONS/EXCEPTIONS TO PART TWO: SOUND LEVELS
Property specific modifications / exceptions to the rating levels in Part Two: "Sound Levels" of
the Bylaw are set-out below. Except as modified or excepted below, the rating levels in Part
Two: "Sound Levels" apply.
Civic Address of
Sound Source
Civic Address of
Point of Reception
Permitted Sound Level
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SCHEDULE D to BYLAW NO. 8856
CONSTRUCTION NOISE EXEMPTION SIGN