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The following are exceptions to the maximum permitted noise levels established in RMC 6.36.030:

A. Exceptions at Any Time. The following sounds are exceptions to the provisions of this chapter at any time:

1. The maximum permitted noise levels as established in 6.36.030 may be exceeded by five dBA for a total of 15 minutes in any one-hour period, or 10 dBA for a total of five minutes in any one-hour period, or 15 dBA for a total of 1.5 minutes in any one-hour period.

2. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations.

3. Sounds created by railroad trains engaged in interstate commerce or mass transit.

4. Sounds created by warning devices not operating continuously for more than five minutes.

5. Sounds created by bells, chimes, and carillons.

6. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible.

7. Sounds originating from City-approved parades and other public events.

8. Sounds caused by natural phenomena and unamplified human voices.

9. Sounds caused by motor vehicles when regulated by Chapter 173-62 WAC.

10. Sounds from the startup of refinery boilers.

11. Sounds caused by emergency equipment and work necessary in the interests of law enforcement or for the safety, health or welfare of the community. Nothing in this section shall be construed to permit law enforcement, ambulance, fire or other emergency personnel to make excessive noise in the performance of their duties when such noise is clearly unnecessary.

12. Sounds caused by residential generators when operating in an emergency. Commercial generators are not included as an exception.

13. Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways except when such sounds are received in residential zones (Class A EDNA).

B. Daytime Exceptions. The following may exceed the maximum permissible noise levels of 6.36.030 on weekdays between the hours of 7:00 a.m. and 10:00 p.m., and on weekends between the hours of 9:00 a.m. and 10:00 p.m.

1. Sounds originating from residential property related to temporary projects for the maintenance or repair of homes, grounds and appurtenances.

2. Sounds from new construction, additions or remodels of single-family homes and accessory structures in residential zones (Class A) caused by the homeowner. Sounds from construction by hired contractors shall be limited to the hours specified in subsection E.2 of this section.

3. Sounds created by the discharge of firearms at authorized shooting ranges.

4. Sounds created by motorized watercraft.

5. Sounds from the installation or repair of essential utility services.

6. Sounds originating from forest harvesting and silvicultural activities.

7. Sounds created by blasting.

C. Twenty-Four-Hour Residential Zone Exceptions. Within residential zones (Class A EDNA), the following activities are subject to the daytime maximum permissible noise levels at all times (24 hours a day):

1. Sounds created by existing electrical substations and stationary equipment used to convey water, wastewater or natural gas by a utility.

2. Sounds created by sources in industrial and manufacturing districts which, over the previous three years, have consistently operated in excess of 15 hours per day as demonstrated routine or as a consequence of process necessity. Changes in working hours or activity, which would increase the noise allowed under this exception, require the approval of the Administrator.

D. Manufacturing Park Land Rezoned to Residential Zone Exceptions. Manufacturing Park land that is rezoned to a residential zone on or after April 14, 2007, shall be considered Class C receiving property and Class A source property for the purpose of calculating maximum permissible noise levels. Interior portions (residences and associated indoor space) of a residential development shall be required to achieve noise attenuation to 45 dBA through insulation, site design, or other methods.

E. Construction Noise Exceptions.

1. Sounds from temporary construction may exceed the maximum permissible noise levels between the hours of 7:00 a.m. and 10:00 p.m. unless it impacts residential zones (Class A EDNA).

2. Construction noise that impacts residential zones (Class A EDNA) has the following restricted hours unless it is for single-family home repair, maintenance or construction and meets the requirements set forth in subsections B.1 and B.2 of this section:

Monday through Friday:

7:00 a.m. to 7:00 p.m.

Saturdays:

9:00 a.m. to 6:00 p.m.

Sunday or Legal Holiday:

Prohibited

(Legal holidays for enforcement of this subsection shall be limited to New Year’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving, the day after Thanksgiving and Christmas.)

3. The point of measurement shall be at the property boundary of the receiving property or anywhere within the receiving property.

4. The Planning Director, or the Technical Committee for street and utility projects, may authorize expanded hours of temporary construction if at least one of the following criteria is met:

a. Construction is necessary to accommodate transportation improvements or other work within the right-of-way, or construction on schools and essential government facilities which cannot be undertaken during exempt hours. In considering expanded hours for street and utility projects, the Technical Committee shall evaluate the project duration, potential noise impacts, traffic and safety impacts and cost of the project with and without expanded hours. If expanded hours are necessary, the Director of Public Works shall cause a public notice board to be posted to inform neighboring property owners of the scope and duration of the construction project. The size, shape, and other characteristics of the public notice board shall be reasonably calculated to provide the required notice, as determined by the Public Works Director.

b. Emergency work.

c. Sounds caused by construction will not exceed the maximum permissible noise levels contained in 6.36.030. (Ord. 2590 § 2 (part), 2011).