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Concerts In Industrial Areas NOT EXEMPT From Noise Regulations

9/27/2017

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Comment:  (Actually a question from KHON TV)

(Follow-up Note:  We had to apologize to KHON.  In our haste we responded to concerts in "Industrial Areas," whereas his email addressed "Business District."  We explained that Business Districts are Class B zoning areas and, therefore, using the Table below, the noise levels are more restrictive than for "Industrial."  Our other comments and references are accurate.)

Hello - 

We're pursuing a follow-up story to the one we aired on our newscast last night - about a concert last Saturday night off 909 Kapiolani Boulevard in Kakaako.

Apparently - the business that allowed the concert on its property claims it can make noise because the venue is in a business district.

No one seems to be taking jurisdiction on this matter of large and loud concerts in business districts.

Assignment Desk Manager
KHON2 news
Ph. 591-4209

Quieter O'ahu Response:

Industrial areas do not, in fact, have carte blanche to create noise.  The Hawai'i Department of Health, State of Hawaii Administrative Rules,  Title 11, Chapter 46 (subsection 11-46-3) establishes zoning classifications for the island of O'ahu.  Specifically:
Quote
"Zoning districts" means the land use districts established by rules or ordinances adopted by council, legislature, county, or state government agencies.
§11-46-3 Classification of zoning districts. This section shall describe the zoning districts as specified in Table I, maximum permissible sound levels in dBA, found in section 11-46-4, and as provided in section 11-46-4:
(1) Class A zoning districts include all areas equivalent to lands zoned residential, conservation, preservation, public space, Open space, or similar type.
(2) Class B zoning districts include all areas equivalent to lands zoned for multi-family dwellings, apartment, business, commercial, hotel, resort, or similar type.
(3) Class C zoning districts include all areas equivalent to lands zoned agriculture, country, industrial, or similar type.
Unquote

Therefore, an "Industrial Area" would be defined as zoning Class C.

At subsection 11-46-4 the rules outline maximum permissible noise levels for each of these zones as:
Quote
§11-46-4 Maximum permissible sound levels in dBA
(a) The maximum permissible sound levels specified in Table I, as provided in this subsection and in section 11-46-3, shall apply to the following excessive noise sources: stationary noise sources; and equipment related to agricultural, construction, and industrial activities. 

Table I. Maximum permissible sounds levels in dBA.

Zoning Districts    Daytime (7 a.m. to 10 p.m.)    Nighttime (10 p.m. to 7 a.m.)
Class A                     55                                             45
Class B                     60                                             50
Class C                     70                                             70


(b) The maximum permissible sound levels in Table I, as provided in subsection (a), shall apply to any excessive noise source emanating within the specified zoning district, and at any point at or beyond (past) the property line of the premises in a manner deemed appropriate by the director.
(c) Noise levels shall not exceed the maximum permissible sound levels for more than ten per cent of the time within any twenty minute period, except by permit or variance' issued under sections 11-46-7 and 11-46-8.
​Unquote

We see from the above table that the maximum daytime and nighttime noise level for Zone C is 70dBA.  While there are numerous noise level comparison charts available, this link is to the California Department of Transportation noise level comparison chart:  http://www.dot.ca.gov/dist2/projects/sixer/loud.pdf 

Note that subpara (c) immediately above references subsections 11-46-7 and 11-46-8.  You can find these at this link:  http://www.nonoise.org/lawlib/states/hawaii/hawaii.htm .  In essence there are no variances for concert noise, and if you're planning a concert that will exceed 70dBA then a Noise Permit issued by the Hawai'i Department of Health is required.  Guidance for these permits can be found at:  http://health.hawaii.gov/irhb/noiseforms/ .  Also, you may want to contact the Department of Health for their perspective on concert permitting.  Their contact information is:
Indoor and Radiological Health Branch
99-945 Halawa Valley Street
Aiea, HI 96701
Phone: (808) 586-4700
Fax: (808) 586-5838
Hours: Monday – Friday 7:45am – 4:30pm (except for State holidays)
Jeffrey Eckerd, Program Manager, jeffrey.eckerd@doh.hawaii.gov

Bottom line: 
1. An industrial area is not exempt from noise regulations
2. Concerts "should" require a Noise Permit from the Dept of Health
3. Enforcement of noise that does not have a noise permit is the jurisdiction of HPD.  Any citizen aware of noise like this can call HPD and request that they verify that a noise permit has been issued and what were the parameters of the permit (time, duration, noise, etc.).


Hope this is helpful.

A Quieter O'ahu
 

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Loud Helicopters Over Waikiki

9/19/2017

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Comment:

Hi Quieter Oahu,
I am a resident of the Kapahulu neighborhood and over the past two years I have observed noisy helicopter traffic getting worse and worse. It used to be that the occasional helicopter would fly along the coastline of Waikiki, but in recent months the frequency of helicopters buzzing Waikiki beach has increased drastically, sometimes three helicopters call all be seen from the beach at the same time! 

Now these helicopters are flying directly over our neighborhood at all hours of the day, and it is extremely irritating. This past Friday, we had a helicopter circling over our house AT NIGHT!! It was a new "fireworks tour" being offered by one of the helicopter companies. 

This HAS to stop. Do you have any experience dealing with helicopter issues? I did some research online and found your site. There also is an active group on Big Island called HiCOP (http://www.hicop.org/) that seeks to curb helicopter noise there. 

I am interested in connecting with others to stop this incessant noise pollution. Please let me know if you would be willing to take on this issue.
Mahalo,

Quieter O'ahu:

Aloha,
We, too, have seen an uptick in the number of reports of loud helicopters.  Seems the primary areas are from Waikiki out to Hanauma Bay where they buzz the Hawaii Kai neighborhood as part of their East Oahu/Koko Crater/Hanauma Bay tours.  I've attached a copy of the O'ahu Noise Reference Manual.  Although dated 2008, it is still the current version.  We recommend three approaches for helicopter/aircraft noise.  At page 6 of the Reference Manual you'll find numbers for the FCC and the Hawai'i Department of Transportation, Aircraft Division (DOTA).  Both accept reports about aircraft - from a "safety of flight" perspective - they will tell you they don't regulate noise.  But safety of flight rules stipulate that aircraft, and I believe this includes helicopters, operate at not less than 1000 feet over congested areas.  I believe Waikiki qualifies as "congested."  Third, living in Waikiki you're fortunate that you have a very active Neighborhood Board.  You can find your board representatives at this link: http://www.honolulu.gov/cms-nco-menu/site-nco-featured/191-site-nco-cat/682-test.html .  The Diamond Head/Kapahulu/St. Louis Heights Board No. 5 meets the 2d Thursday of each month at 6:30 at the Ala Waitlist Clubhouse, 2d Floor, 404 Kapahulu Avenue.  Recommend you contact your board and identify this issue for discussion at board meetings.  They can invite reps from the FCC and DOTA to respond to citizen questions, and is you most accessible level of Gov't to address this very valid grievance.  I believe you'll find others attending who are similarly like-minded on the issue of helicopters.

We will post you input, minus identifying info, for others to read and comment to.  We will also add your provided email address to our distribution for noise and related information that we periodically disseminate.  You can unsubscribe at any time.

Good luck on carrying forward.  Please update us should you find allies or other paths of approach.

Mahalo,
A Quieter O'ahu

0 Comments

Yet Another Loud Harley Davidson - Is Anyone Surprised?

9/10/2017

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Comment:

Every nite or every other nite at 8-1030pm my dumb neighbor starts up his Harley Davidson bike and speeds off. It's super loud and my kids are sleeping or grams is watching tv and practically screams or panics when she hears it cause it's so loud!!! Like seriously at nite!!! Have cominsense and courtesy!!!!! Dummies these days I swear.

Quieter O'ahu Response:

Aloha,
​
Yes, as you probably noticed from reviewing our website we are very aware of the issues surrounding the loud, illegally modified, exhaust systems of most of the Harley Davidsons on O'ahu.  What may surprise you is that despite the Hawaii Periodic Motor Vehicle Inspection (PMVI) Inspector's Guide For Motorcycles ( https://hidot.hawaii.gov/highways/files/2013/01/mvso-PMVI-Manual-for-Inspectors-of-Motorcycles.pdf ) guidance on page 5 that motorcycles equipped with exhausts louder than originally equipped should fail inspection, inspectors completely ignore this and pass inspection for these motorcycles anyway.  Also, despite the NUMEROUS statutes and ordinances prohibiting the noise levels of these exhausts and this noise, HPD issues virtually no citations.  We also address that fact on our website.  But you are not powerless.  Email your elected officials and let them know that you're not satisfied with current enforcement of statutes and ordinances, and that you are NOT OKAY with business-as-usual.  You can find email information for your representative to city council and to your neighborhood board at the links below. 

City Council:   https://www.honolulu.gov/component/content/article/172-site-ccl-cat/1740-ccl-view-council-members.html?Itemid=597
Neighborhood Boards (Yours is Neighborhood Board 14)   https://www.honolulu.gov/cms-nco-menu/site-nco-featured/191-site-nco-cat/682-test.html#NB14 

Thank you for your interest in our website.  We have added you to distribution for noise and related information.

Mahalo,
A Quieter O'ahu
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Input Received From The Opposition - Who Else Could It Be?

9/1/2017

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Quieter O'ahu Comment:

Every now and then you experience a bright moment in website management that makes it all worthwhile.  We just received the input form below.  We somehow don't think it's from anyone who supports reducing noise across O'ahu.  Rather, most likely from someone who believes they have the right to make as much noise as they like - regardless of what it does to YOUR hearing, YOUR health, or YOUR quality of life. From the tone of the note we must be doing something right in posting information to make the public more informed about noise pollution, and we will continue to do so.  And to the anonymous submitter who is too shy to provide a real name and contact information, Mahalo for the inspiration to keep charging!
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