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<chapter heading="Chapter 31B. Noise Control - Regulations">
  <section heading="COMCOR 31B.00.01 Procedures Governing the Measurement of Noise Levels in Montgomery County, Maryland">
    <regulation heading="COMCOR 31B.00.01 Procedures Governing the Measurement of Noise Levels in Montgomery County, Maryland">
      <subsection heading="31B.00.01.01 Definitions">
        <paragraph indent="2">The following words shall have the meaning assigned below for the purpose of these procedures:</paragraph>
        <paragraph indent="2">A.   Ambient Noise - The total noise associated with a given environment, excluding the noise source of interest.</paragraph>
        <paragraph indent="2">B.   Decibel-A-Weighted (dBA). The sound level, in decibels, measured with a sound level meter using the A-weighting network or scale as specified in ANSI S1.4-1983 (Specification for Sound Level Meters).</paragraph>
        <paragraph indent="2">C.   External Calibration - The testing under controlled conditions of the sound level monitoring system, by use of a calibration device, whose sound level output and frequency is accurately known, for the purpose of ascertaining the accuracy of the system within the meaning of Section 31B-7(d) of the Code. (The system includes a microphone, microphone cable, sound level meter and its internal components.)</paragraph>
        <paragraph indent="2">D.   Field Crest Factor - A field crest factor, for the purposes of making a determination of impulsive noise, must be accomplished using an impulse precision sound level meter and will be calculated using:</paragraph>
        <paragraph indent="4">Field Crest Factor - (Max IP (dBA)) - (Max SR (dBA))</paragraph>
        <paragraph indent="4">Where   Max IP = Maximum impulse peak sound level</paragraph>
        <paragraph indent="4">Max SR = Maximum slow response sound level</paragraph>
        <paragraph indent="2">E.   Impulsive Noise.</paragraph>
        <paragraph indent="3">(1)   Noise characterized by short bursts of acoustical energy, having:</paragraph>
        <paragraph indent="4">(a)   A rapid rise to a maximum pressure followed by a somewhat slower decay;</paragraph>
        <paragraph indent="4">(b)   A duration not greater than 1 second; and</paragraph>
        <paragraph indent="4">(c)   A field crest factor of 10 dBA, or greater.</paragraph>
        <paragraph indent="3">(2)   Examples of impulsive noise sources are weapons fire, pile drivers, and some rock drills.</paragraph>
        <paragraph indent="2">F.   Intermittent Noise - A noise which goes on and off but which is steady while it is on.</paragraph>
        <paragraph indent="2">G.   Large Reflecting Surface - Surfaces which may cause an interference with the noise measurements being taken (e.g., wal1s, floors, etc.)</paragraph>
        <paragraph indent="2">H.   Noise.  Any steady-state or impulsive sound occurring on either a continuous or intermittent basis that annoys or disturbs humans or that causes or tends to cause an adverse psychological or physiological effect on humans.</paragraph>
        <paragraph indent="2">I.   Noise disturbance. Any sound that is:</paragraph>
        <paragraph indent="3">(1)   Unpleasant, annoying, offensive, loud, or obnoxious;</paragraph>
        <paragraph indent="3">(2)   Intermittent or continuous;</paragraph>
        <paragraph indent="3">(3)   Abnormal for the time of day or location where it is produced;</paragraph>
        <paragraph indent="3">(4)   Produced or correctable by human agency; and</paragraph>
        <paragraph indent="3">(5)   Prejudicial to the reasonable enjoyment of health, comfort, or safety of any individual or causes injury or damage to persons, property, or the conduct of business.</paragraph>
        <paragraph indent="2">J.   Periodic noise. Noise characterized by repetitive fluctuations in level of 10 dBA or more that occurs at a repetition rate between 0.5 repetitions per minute and 2.0 repetitions per second.</paragraph>
        <paragraph indent="2">K.   Qualification - A laboratory type calibration including a series of tests using the full frequency sweep capability of microphone plus meter, plus A-weighting network demonstrating compliance with ANSI specification S1.4. This is not a required calibration within the meaning of Section 31B-7 of the Noise Control Ordinance which discusses the field calibration of the sound level meter.</paragraph>
        <paragraph indent="2">L.   Qualified - Calibrated by an authorized acoustical standards laboratory or an authorized factory representative.</paragraph>
        <paragraph indent="2">M.   Quasi-Steady Noise - A rapid series of impulses that have the same effect on the meter as a steady noise.</paragraph>
        <paragraph indent="2">N.   Rapidly Fluctuating - Continuous noise whose level varies rapidly over a range greater than 3 dBA on the fast scale during the course of the measurements.</paragraph>
        <paragraph indent="2">O.   Steady Noise - Noise whose level varies less than 3 dBA read on the slow scale during the course of the measurements.</paragraph>
        <paragraph indent="2">P.   Sound Level.  The level observed on an approved sound level meter, as specified in Section 31B-7 of the Code.</paragraph>
        <paragraph indent="2">Q.   Source.  Any activity, occupation, business or operation conducted on land or water or in or upon a building or other structure, including streets and thoroughfares.</paragraph>
        <paragraph indent="2">R.   Source of Violation - Consists of a single source, or of several distinct sources if all are being operated on the property of a single owner.</paragraph>
        <paragraph indent="2">S.   Tonal noise.  Any sound that is composed of one or more pure tones.  A pure tone means any sound that can be distinctly heard as a single pitch. For the purposes of this Regulation, a pure tone exists if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by 5 dB for center frequencies of 500 hertz and above and by 8 dB for center frequencies between 160 and 500 hertz and by 15 dB for center frequencies less than or equal to 125 hertz.</paragraph>
        <paragraph indent="2">T.   Violator.  Any person actually causing, operating, responsible for or otherwise having direct or indirect control over any use which is proved to violate any provision, standard, regulation or rule of this Regulation.</paragraph>
      </subsection>
      <subsection heading="31B.00.01.02 Measurements">
        <paragraph indent="2">The intent of the following measurement section is to specify straightforward procedures for measuring sound levels for compliance with the Montgomery County Noise Control Ordinance, applicable to the large majority of expected situations, and to specify the limits of applicability of these procedures, i.e., situations in which acoustical specialists and/or specialized equipment may be required to supplement these procedures.</paragraph>
        <paragraph indent="2">The following procedures shall be reviewed periodically with reference to changes in the practice of noise measurement, instrumentation, County Code, and legal precedent.</paragraph>
        <paragraph indent="2">A.   Equipment</paragraph>
        <paragraph indent="3">The following equipment shall be used:</paragraph>
        <paragraph indent="3">(1)   Sound-level meter and microphone meeting Type II specifications per the current ANSI S1.4.  For measurements of tonal noise and impulsive noise, the meter and microphone shall meet Type I specifications.  The meter shall be qualified annually with equipment traceable to the Bureau of Standards.</paragraph>
        <paragraph indent="3">(2)   External calibration device with a known sound level output at a single frequency between 200 Hz and 1000 Hz.</paragraph>
        <paragraph indent="3">(3)   Windscreen with insertion loss less than 0.5 dB below 8 kHz.</paragraph>
        <paragraph indent="3">(4)   Stopwatch capable of cumulative operation and accurate to 2% or better.</paragraph>
        <paragraph indent="3">(5)   Wind speed indicator with at least 20% accuracy at 12 miles per hour.</paragraph>
        <paragraph indent="3">(6)   Earphones with impedance conforming to the sound level meter manufacturer's specifications.</paragraph>
        <paragraph indent="2">B.   Sound Level Meter Calibration</paragraph>
        <paragraph indent="3">(1)   The sound level meter shall be externally calibrated immediately before a series of measurements at each test site and if necessary, adjusted to read within 0.2 dBA of the level specified by the calibration unit. Measurements may be assumed to be valid if calibration checks before and after a series of measurements agree to within 0.5 dBA, otherwise these measurements shall not be used.  Such calibration checks shall also be made immediately after the series of measurements and at least once per hour during the measurement series to ensure continuing accuracy of the equipment.</paragraph>
        <paragraph indent="3">(2)   A battery check shall be performed immediately before and after a series of measurements at each test site. If either battery check is unsatisfactory, the measurements shall not be used for enforcement purposes.</paragraph>
        <paragraph indent="2">C.   Equipment Settings</paragraph>
        <paragraph indent="3">(1)   Steady (including Intermittent, Slowly Fluctuating or Quasi-Steady) Noise.</paragraph>
        <paragraph indent="4">a.   A windscreen shall be used for all outdoor measurements.</paragraph>
        <paragraph indent="4">b.   The "A" scale shall be used on the sound level meter.</paragraph>
        <paragraph indent="4">c.   The attenuator shall be set so that maximum levels fall between the zero mark and full scale mark on the meter scale. (Wait at least five (5) seconds after changing the attenuator to take measurements.)</paragraph>
        <paragraph indent="4">d.   The slow meter setting shall be used on the sound level meter.</paragraph>
        <paragraph indent="3">(2)   Tonal Noise.</paragraph>
        <paragraph indent="4">a.   A Type I sound level meter shall be used.</paragraph>
        <paragraph indent="4">b.   Measurements shall be made in one-third octave bands.</paragraph>
        <paragraph indent="4">c.   A wind screen shall be used for all outdoor measurements.</paragraph>
        <paragraph indent="4">d.   'The flat or linear scale shall be used on the sound level meter.</paragraph>
        <paragraph indent="3">(3)   Impulsive Noise.</paragraph>
        <paragraph indent="4">a.   Two Type I sound level meters shall be used.</paragraph>
        <paragraph indent="4">b.   A wind screen shall be used on both meters for outdoor measurements.</paragraph>
        <paragraph indent="4">c.   The impulse hold capability shall be used for measuring the peak sound level.</paragraph>
        <paragraph indent="4">d.   The A scale and slow meter setting shall be used to measure the slow response.</paragraph>
        <paragraph indent="4">e.   Two persons, one using the impulse hold and one using the slow response, will take measurements simultaneously.</paragraph>
        <paragraph indent="2">D.   Measurements Locations</paragraph>
        <paragraph indent="3">(1)   Measurements shall be taken at any location known to be on the property line of the alleged violator or outside the property of the alleged violator.  Any doubt regarding the actual location of the property line must be resolved in favor of the operator of the source being investigated. (One exception is where the law specifies otherwise - e.g., at least 50 feet from construction equipment.)</paragraph>
        <paragraph indent="3">(2)   The microphone shall be at least 3 feet above the ground while measurements are being taken.</paragraph>
        <paragraph indent="3">(3)   The microphone orientation shall be as specified by the manufacturer.</paragraph>
        <paragraph indent="3">(4)   No measurement shall be made closer than 3 feet to any large reflecting surface.</paragraph>
        <paragraph indent="3">(5)   Measurements conducted on private property must be done with permission of the owner or his representative, or under the authority of a search warrant or a court order.</paragraph>
        <paragraph indent="3">(6)   Outdoor measurements shall not be conducted in the presence of wind speeds greater than 12 miles per hour, nor in the presence of precipitation or fog.</paragraph>
        <paragraph indent="3">(7)   When measurements are made at the boundary of the property of an alleged violator, they shall be made at a minimum of two locations. The observer should walk the site boundary and note the trend of sound levels. The locations should be selected to meet one or more of the following criteria:</paragraph>
        <paragraph indent="4">a.   Local maximum; the location where the highest A-weighted sound level is measured.</paragraph>
        <paragraph indent="4">b.   Local minimum; the location where the lowest A-weighted sound level is measured.</paragraph>
        <paragraph indent="4">c.   Sensitive locations; considering sound sources and receivers, including upper floors of nearby structures.</paragraph>
        <paragraph indent="4">d.   Locations nearest to habitations.</paragraph>
        <paragraph indent="2">E.   Measurement Procedures</paragraph>
        <paragraph indent="3">(1)   General</paragraph>
        <paragraph indent="4">a.   Unless impracticable, earphones should be used while noise measurements are being made to ensure that the meter is responding properly to the noise source being monitored.</paragraph>
        <paragraph indent="4">b.   The sound level meter shall be held in front of the observer. The observer shall be oriented with respect to the principal sound source so that the sound energy arrives at the microphone at an orientation specified by the equipment manufacturer.</paragraph>
        <paragraph indent="4">c.   Survey measurements should initially be taken using a Type II sound-level meter, unless there has been a complaint or other reason to believe that a Tonal Noise or Impulsive Noise is present. If the operator believes, after the initial survey measurements, that a Tonal Noise or an Impulsive Noise exists, further measurements should be made using a Type I sound-level meter.</paragraph>
        <paragraph indent="3">(2)   Steady (including Intermittent, Slowly Fluctuating or Quasi-Steady) Noise.</paragraph>
        <paragraph indent="4">a.   A measurement of the ambient noise level shall be required. If the ambient noise level is fluctuating, the procedure in 31B.00.01.03E.(2)f shall be used. If the ambient is within 10 dBA of the source sound level, apply the correction found in the following table to determine the noise due solely to the source being investigated.</paragraph>
        <paragraph indent="0">CORRECTION FOR MEASURED AMBIENT SOUND PRESSURE LEVELS (in dBA)</paragraph>
        <paragraph indent="6">Difference (in Decibels Between   Correction (in Decibels) to be</paragraph>
        <paragraph indent="6">Sound Pressure Level Measured   Subtracted from Sound</paragraph>
        <paragraph indent="6">with Sound Source Operating and   Pressure Level Measured with</paragraph>
        <paragraph indent="6">Ambient South Pressure Level   Sound Source Operating to</paragraph>
        <paragraph indent="6">Alone               Obtain Sound Pressure Level</paragraph>
        <paragraph indent="11">Due to Sound Source Alone</paragraph>
        <paragraph indent="6">less than   4            See 31B.00.01.02H(2)</paragraph>
        <paragraph indent="8">4            2.2</paragraph>
        <paragraph indent="8">5            1.7</paragraph>
        <paragraph indent="8">6            1.3</paragraph>
        <paragraph indent="8">7            1.0</paragraph>
        <paragraph indent="8">8            0.8</paragraph>
        <paragraph indent="8">9            0.6</paragraph>
        <paragraph indent="8">10            0.4</paragraph>
        <paragraph indent="6">more than   10            0</paragraph>
        <paragraph indent="4">b.   Where extraneous noise, lack of space, or inaccessibility of a desired measuring location makes measurement of a specific source difficult, and the property owner agrees or where otherwise authorized by law, the measurement may be taken at a point on a line between the desired location and the nearest edge of the source. When this procedure is followed, a correction for spreading loss must be subtracted from the readings.</paragraph>
        <paragraph indent="5">For a point source, this correction in dBA is 20 log (Dd/Da), where Dd is the desired distance and Da is the actual distance from the nearest edge of the source to the point of measurement. The result will be a conservative (i.e., possibly low) value for the level at the desired location.  Actual readings as well as corrected results must be reported.</paragraph>
        <paragraph indent="4">c.   In the presence of an apparent pure tone, the microphone shall be moved continuously along an arc at least 3 feet long.  Record the maximum and minimum readings.  If the minimum is within 3 dBA of the maximum, average the two, if not, use the maximum minus 3 dBA as the basis for further action. If the reading is within 5 dBA of the allowable limit, make further measurements as in 31B.00.01.02.E.4 to determine whether a tonal noise exists.</paragraph>
        <paragraph indent="4">d.   Before citing a violation of a noise limit which may not be exceeded regardless of duration, allow a 2.5 dBA grace to account for all possible inaccuracies.  It is recommended that several measurements showing such violations be taken with at least 20 seconds between successive measurements.</paragraph>
        <paragraph indent="4">e.   When the fluctuations of the indicating pointer on the sound level meter are less than 3 dBA on the slow scale, the noise is considered to be steady and the level is taken to be the numerical average of the maximum and minimum levels during the period of observation.</paragraph>
        <paragraph indent="4">f.   If the level fluctuates constantly over a range greater than 3 dBA on the slow scale, the-noise is considered to be fluctuating.  A set of measurements should be taken by reading the sound-level meter indications to the nearest decibel at approximately equal time intervals of between 5 seconds and 20 seconds.</paragraph>
        <paragraph indent="5">The operator should avoid visually averaging the indications of the sound-level meter. The reading should be obtained by glancing at the indicator and noting the sound level at that instant. Recordings at the same interval should be continued until the number of observations is at least ten times the range of the readings in decibels. The range is the difference between the maximum and minimum levels.</paragraph>
        <paragraph indent="4">g.   If the noise is intermittent, the average level during the “on” period is the noise level of interest. When the level is steady for five seconds or more, the slow scale should be used; when the level is steady for one to five seconds, the fast scale should be used. For shorter bursts, the noise should be treated as impulsive, and the field crest factor should be measured as in 31B.00.01.02.E(3) below.</paragraph>
        <paragraph indent="5">If the field crest factor is less than 10 dBA, a noise containing bursts shorter than one second shall be considered quasi-steady.  If the level during the “on” period exceeds the maximum allowed level, then duration measurements should be taken in accordance with 31B.00.01.02F.</paragraph>
        <paragraph indent="2">(3)   Impulsive Noise.</paragraph>
        <paragraph indent="4">a.   A 5 dBA penalty for impulsive noise may be applied without additional instrumentation if the source of the noise is clearly impulsive.</paragraph>
        <paragraph indent="4">b.   Several distinct readings indicating a violation of a noise limit must be obtained before issuing a citation.</paragraph>
        <paragraph indent="4">c.   For purposes of making a determination of impulsive noise, the field crest factor must be measured. Using a sound level meter with impulse-hold capability, the maximum impulse peak A-weighted sound level must be measured. The maximum slow response A-weighted sound level must also be measured. Then the</paragraph>
        <paragraph indent="6">Field crest factor - (Max IP (dBA)) - (Max SR (dBA))</paragraph>
        <paragraph indent="6">Where</paragraph>
        <paragraph indent="7">Max IP = Maximum impulse peak sound level</paragraph>
        <paragraph indent="7">Max SR = Maximum slow response sound level</paragraph>
        <paragraph indent="4">d.   If the noise has a field crest factor of 10 dBA or greater, has a duration not greater than one second, and displays a rapid rise to a maximum level followed by a somewhat slower decay, then it is an impulsive noise.</paragraph>
        <paragraph indent="2">(4)   Tonal Noise.</paragraph>
        <paragraph indent="4">a.   A sound composed of one or more pure tones is a tonal noise. The maximum permissible sound levels established by Subsections 31B-5b and 31B-8a of the Montgomery County Code shall be reduced by 5 dBA for a tonal noise.</paragraph>
        <paragraph indent="4">b.   To establish the existence of a pure tone, one-third octave band sound pressure levels must be measured using a Type I sound level meter without weighting. Levels of the ambient noise and of the tone with the ambient must be measured, and corrections specified by 31B.00.01.02.E(2)a must be applied to determine the level of the tonal noise in each band.</paragraph>
        <paragraph indent="5">Measurements must be made for a series of contiguous bands, including the band containing the tone and the two contiguous one-third octave bands. Measurements should be made in a sufficient number of bands to allow for the possibility that more than one pure tone exists.</paragraph>
        <paragraph indent="4">c.   A pure tone exists if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous bands by 5 dBA for center frequencies of 500 hertz and above, by 8 dB for center frequencies between 160 and 500 hertz, or by 15 dB for center frequencies less than or equal to 125 hertz.</paragraph>
        <paragraph indent="2">F.   Duration Measurements</paragraph>
        <paragraph indent="3">(1)   The County ordinance specifies maximum levels which may not be exceeded even momentarily, and levels which may be exceeded for a certain period of time, i.e., 30 seconds per hour, 3 minutes per hour, and 12 minutes per hour.</paragraph>
        <paragraph indent="3">(2)   Measurement of the time-above levels may be made using an accumulating stopwatch and using the noise measurement techniques described in 31B.00.01.02C, D, and E.  The operator shall start  the stopwatch when the meter reading exceeds the level being monitored and stop it when the reading falls below that level.</paragraph>
        <paragraph indent="3">(3)   The level being monitored for duration measurements shall be the applicable one found in the Montgomery County Code, Chapter 31B, plus a 2.5 dBA grace to account for possible meter inaccuracy.  If measurements are taken at a point between the property line and the source, (31B.00.01.02 E(2)b), then a correction for spreading loss must be added to the time-above level in the ordinance to insure a valid simulation of the time above at the property line.</paragraph>
        <paragraph indent="3">(4)   An additional grace on duration measurements shall be allowed to account for possible inaccuracy in stopwatch duration measurements.  Durations of 60 seconds per hour, 4 minutes per hour, or 15 minutes per hour must be recorded before issuance of citations for 30 seconds, 3 minute, or 12 minute violations, respectively.</paragraph>
        <paragraph indent="3">(5)   This procedure may be applied to Steady (including Intermittent, Slowly Fluctuating, or Quasi-Steady) or Tonal Noise Noise.  This procedure may not be applied to Impulsive or Rapidly Fluctuating or Periodic Noise.</paragraph>
        <paragraph indent="2">G.   Data and Reports Required</paragraph>
        <paragraph indent="3">The operator shall provide all pertinent information on the noise data form for field measurements.</paragraph>
        <paragraph indent="3">For each set of readings, the following information shall be required.  Date, time, location, air temperature, operator’s name; wind speed and direction; all instrumentation models and identifying numbers; a dimensioned sketch of site, including the north direction, measurement points, noise sources, and buildings; measurement of noise peaks and steady levels to the nearest decibel; duration; description of special techniques employed; description of noise, noting especially if there is an apparent pure tone or impulsive content; meter damping used (fast or slow); measurement of ambient with source off, description of ambient if obvious (highway, dogs, etc.); if the ambient level is 4-10 dBA below the level found with the source operating, corrections are required to obtain the source noise level.  These corrections must be shown.</paragraph>
        <paragraph indent="2">H.   Special Measurements</paragraph>
        <paragraph indent="3">(1)   The measurement of noise produced by motor vehicles in transit is prescribed by State and Federal Laws.  Enforcement by police officers is provided for by State Law.</paragraph>
        <paragraph indent="3">(2)   Any situation in which the offending noise source cannot be demonstrated to increase the total noise at the measurement point by at least 4 dBA over the ambient level shall be considered unmeasurable by the techniques described in these procedures.</paragraph>
        <paragraph indent="3">(3)   Any situation in which readings exceed the statutory limits but are less than the statutory limit plus the grace limit must be measured with more specialized techniques and/or more accurate equipment prior to deciding whether the source is in compliance with the County Ordinance.  In such case, consultation with qualified professional personnel shall be required.</paragraph>
        <paragraph indent="3">(4)   No sound level meter readings are necessary in order to establish the existence of a noise disturbance.  However it must be shown that a sound has all five of the elements in the definition of a noise disturbance in order to be so established.</paragraph>
      </subsection>
      <subsection heading="31B.00.01.03 Effective Date">
        <paragraph indent="2">These regulations shall take effect immediately upon their adoption by the County Executive.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="COMCOR 31B.00.02 Schedule of Fees for Exemption from the Noise Control Ordinance">
    <regulation heading="COMCOR 31B.00.02 Schedule of Fees for Exemption from the Noise Control Ordinance">
      <subsection heading="31B.00.02.01" />
      <subsection heading="31B.00.02.02 Initial Fees">
        <paragraph indent="2">An initial fee corresponding to the activity and source (A, B or C pursuant to the Chart in 31B.00.02.06) for which the exemption is requested shall be paid at the Montgomery County Revenue counter when the application for temporary or special exemption is made to the Director, Department of Environmental Protection.  All checks shall be made payable to Montgomery County, Maryland.</paragraph>
      </subsection>
      <subsection heading="31B.00.02.03 Public Hearing Fees">
        <paragraph indent="2">An additional fee shall be paid if a public hearing is required as determined by the Director.</paragraph>
      </subsection>
      <subsection heading="31B.00.02.04 Total Fee">
        <paragraph indent="2">The total fee shall be paid prior to the Director’s rendering of a decision on the exemption request.  The total fee shall consist of the initial application fee and the hearing fee (if a public hearing is held).</paragraph>
      </subsection>
      <subsection heading="31B.00.02.05 Transcript Copies">
        <paragraph indent="2">Transcripts of public hearings may be purchased directly from the transcription firm at the usual rate for such a service, therefore, this cost is not included as part of the total fee.</paragraph>
      </subsection>
      <subsection heading="31B.00.02.06">
        <paragraph indent="2">The following schedule of fees is hereby adopted pursuant to the authority contained in Sections 31B-12, “Temporary Exemption” and 31B-13, “Special Exemption” of the Montgomery County Code 1984, as amended.  This Executive Regulation and schedule of fees contained herein supersedes Executive Regulations 2-77, 20-81, and 1-86 which relate to this same subject.</paragraph>
        <paragraph indent="2">A.   Exemption Application Fees</paragraph>
        <paragraph indent="3">1.   Fee Schedule</paragraph>
        <paragraph indent="7">Total Cost = (A, B) + C</paragraph>
        <paragraph indent="2">B.   Definitions</paragraph>
        <paragraph indent="3">The terms used in the Exemption Application Fee Schedule shall have the meanings which follow.</paragraph>
        <paragraph indent="3">1.   Single Source.  A single mobile or stationary device, activity, occupation, business or operation which produces noise in excess of the levels permitted by Chapter 31B.</paragraph>
        <paragraph indent="3">2.   Multiple Sources.  More than one mobile or stationary device, activity, occupation, business, or operation, any of which individually produce noise in excess of the levels permitted by Chapter 31B.</paragraph>
        <paragraph indent="3">3.   Multiple Sites.  More than one location, property, premises, or structure which are not contiguous where one or more noise sources may be operating and where the sources at each site are under the control of one applicant.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="COMCOR 31B.00.03 Control of Noise from Heat Pumps and Air Conditioners on Property in Residential Zones">
    <regulation heading="COMCOR 31B.00.03 Control of Noise from Heat Pumps and Air Conditioners on Property in Residential Zones">
      <subsection heading="31B.00.03.01 Purpose">
        <paragraph indent="2">This regulation is established to control the noise from outdoor heat pumps and air conditioners which are installed on property in residential zones with lot areas less than 12,000 square feet, except as excluded by 31B.00.03.02 and 31B.00.03.05.  It is created under authority conferred upon the County Executive by Subsection 31B-3(d) of the Noise Control Ordinance, Chapter 31B, Montgomery County Code 1984, as amended, and Subsection 17-2(a) of Chapter 17, “Electricity,” Montgomery County Code 1984, as amended.</paragraph>
      </subsection>
      <subsection heading="31B.00.03.02 Limitations on Scope">
        <paragraph indent="2">(a)   This regulation does not apply to outdoor heat pumps and air conditioners installed to serve:</paragraph>
        <paragraph indent="3">(1)   Buildings on property in residential zones, or in mixed-zones, which are used in whole or in substantial part for purposes other than as dwelling units;</paragraph>
        <paragraph indent="3">(2)   Apartment buildings more than 30 feet in height; or</paragraph>
        <paragraph indent="3">(3)   Condominium or cooperative residential buildings where both the sound source and sound receiver are located on the same premises.</paragraph>
        <paragraph indent="2">(b)   All heat pumps and air conditioners not covered by this regulation must comply with the maximum permissible sound levels at the property line which are in Section 31B-5, “Maximum Permissible Sound Levels Generally,” of the Noise Control Ordinance.</paragraph>
      </subsection>
      <subsection heading="31B.00.03.03 Definitions">
        <paragraph indent="2">(a)   Tonal noise:</paragraph>
        <paragraph indent="3">(1)   Is any sound that is composed of one or more pure tones.  A pure tone means any sound that can be distinctly heard as a single pitch, and</paragraph>
        <paragraph indent="3">(2)   In this regulation, a pure tone exists if the sound pressure level within the one-third octave band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by —</paragraph>
        <paragraph indent="4">(A)   5 dB for center frequencies of 500 hertz and above, or</paragraph>
        <paragraph indent="4">(B)      8 dB for center frequencies between 160 and 500 hertz, or</paragraph>
        <paragraph indent="4">(C)      15 dB for center frequencies less than or equal to 125 hertz.</paragraph>
        <paragraph indent="2">(b)   dB:      is the abbreviation for decibel.</paragraph>
        <paragraph indent="2">(c)   dBA:      is the abbreviation for decibels measured on the A scale of a sound level meter.</paragraph>
        <paragraph indent="2">(d)   Director:   is the Director of the Department of Environmental Protection or his designee.</paragraph>
      </subsection>
      <subsection heading="31B.00.03.04 Standards">
        <paragraph indent="2">(a)   The maximum permissible sound level at the property line for the outdoor unit of any heat pump or air conditioner located on residential lots less than 12,000 square feet in area must not exceed 60 dBA.</paragraph>
        <paragraph indent="2">(b)   If the sound is determined to be a tonal noise as defined in 31B.00.03.03, the maximum permissible sound level at the nearest property line must not exceed 55 dBA.</paragraph>
        <paragraph indent="2">(c)   As an exemption from 31B.00.04(a), the maximum permissible sound level at the property line for the outdoor unit of any heat pump or air conditioner manufactured before July 1, 1989, located on residential lots less than 12,000 square feet in area must not exceed 65 dBA.  If the sound from an outdoor unit manufactured before July 1, 1989, is determined to be a tonal noise, the maximum permissible sound level at the property line must not exceed 60 dBA.  This subsection 4(c) expires on July 1, 1999.</paragraph>
      </subsection>
      <subsection heading="31B.00.03.05 Exemption">
        <paragraph indent="2">If it is not practical to comply with 31B.00.03.04 of this regulation, the owner may apply for a Special Exemption in accordance with Section 31B-13 of the County Code:</paragraph>
        <paragraph indent="2">(a)   The exemption application must be submitted at least twenty-eight days prior to starting the installation of the outdoor heat pump or air conditioner.</paragraph>
        <paragraph indent="2">(b)   The Director must notify the owners and the occupants of the adjacent properties of this application by mail or hand delivery.</paragraph>
        <paragraph indent="2">(c)   Notified owners and occupants will be given one week after receipt of this notice to reply in writing.</paragraph>
        <paragraph indent="2">(d)   In approving any Special Exemption, the Director may either specify a period for its duration or make it permanent.</paragraph>
        <paragraph indent="2">(e)   If the exemption is for a limited period, the owner of the building must notify the purchaser in writing of the expiration date of the exemption prior to executing any applicable sales agreement.</paragraph>
        <paragraph indent="2">(f)   The Director may waive the fee required to be submitted with an application for a Special Exception, if the Director finds that the owner has made a good faith effort to mitigate noise from equipment installed before July 1, 1989, with the best technology available.</paragraph>
      </subsection>
      <subsection heading="31B.00.03.06 Responsibilities">
        <paragraph indent="2">(a)   Owner. After July 1, 1989, the owner of an existing or replacement outdoor unit is responsible for complying with the maximum permissible sound level requirements of 31B.00.03.04.</paragraph>
        <paragraph indent="2">(b)   Director.</paragraph>
        <paragraph indent="3">(1)   The Director may assign a designee to enforce this regulation.</paragraph>
        <paragraph indent="3">(2)   The Director has the authority to :</paragraph>
        <paragraph indent="4">(A)   issue notices and orders to remove equipment or install a sound barrier for any unit which is violating the property line sound levels cited in 31B.00.03.04.</paragraph>
        <paragraph indent="4">(B)   require replacement, modification, redesign of the installation, or repairs to any outdoor heat pump or air conditioner system which is in violation of this regulation or associated exemption currently in effect.</paragraph>
        <paragraph indent="4">(C)   grant exemptions as provided in See 31B.00.03.05.</paragraph>
        <paragraph indent="3">(3)   The Director may issue notices of violation as well as civil or criminal citations.</paragraph>
      </subsection>
      <subsection heading="31B.00.03.07. Penalties">
        <paragraph indent="2">(a)   It is unlawful for an owner, as specified in Subsection 6(a), not to comply with the maximum permissible sound levels described in 31B.00.03.04 of this regulation.</paragraph>
        <paragraph indent="2">(b)   Such a failure is a violation of Subsection 31B-5(b)(2) of the County Code, 1984.</paragraph>
      </subsection>
      <subsection heading="31B.00.03.08 Severability">
        <paragraph indent="2">The provisions of this regulation are severable.  If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.</paragraph>
      </subsection>
      <subsection heading="31B.00.03.09Sunset Date for 31B.00.03.04(c)">
        <paragraph indent="2">31B.00.03.04 expires on July 1, 1999.</paragraph>
      </subsection>
      <subsection heading="31B.00.03.10 Effective Date">
        <paragraph indent="2">This regulation becomes effective on July 1, 1989.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="COMCOR 31B.00.04 Leaf Blower Rebate Program">
    <regulation heading="COMCOR 31B.00.04 Leaf Blower Rebate Program">
      <subsection heading="31B.00.04.01 Definitions">
        <paragraph indent="1">In this Section, the following items have the meanings indicated.</paragraph>
        <paragraph indent="1">Department means the Montgomery County Department of Environmental Protection.</paragraph>
        <paragraph indent="1">Director means the Director of the Montgomery County Department of Environmental Protection or the Director’s designee.</paragraph>
        <paragraph indent="1">Electric leaf removal equipment means a handheld, backpack, or walk-behind device that is (1) designed to move leaves or any other type of unattached debris or material by generating a concentrated stream of air, including devices that accept vacuum attachments; and (2) powered by only electric means, including battery-powered and corded leaf blowers, leaf vacuums, and batteries and charges required to power such equipment.</paragraph>
        <paragraph indent="1">Eligible equipment means leaf removal equipment designated by the Department as satisfying the criteria necessary for the purchaser to receive a rebate under the program.</paragraph>
        <paragraph indent="1">Gas powered leaf removal equipment means a combustion engine powered handheld, backpack, or walk-behind leaf blower or leaf vacuum.</paragraph>
        <paragraph indent="1">Leaf removal business means an individual or entity that (a) earns income using leaf removal equipment to perform paid work, and (b) has a business mailing address located in Montgomery County.</paragraph>
        <paragraph indent="1">Non-revenue qualifying business means a leaf removal business that generated an annual revenue of $250,000 or more in the preceding year or employs 6 or more employees.</paragraph>
        <paragraph indent="1">Program means the leaf removal equipment rebate program.</paragraph>
        <paragraph indent="1">Rebate means an amount of money, or a discount provided by the Department, for purchase of eligible equipment.</paragraph>
        <paragraph indent="1">Resident means a person that owns or rents and maintains their property.</paragraph>
        <paragraph indent="1">Revenue qualifying business means a leaf removal business that generated an annual revenue of less than $250,000 in the preceding year or employs 5 or fewer employees.</paragraph>
        <paragraph indent="1">Retailer means a licensed entity that sells eligible equipment.</paragraph>
      </subsection>
      <subsection heading="31B.00.04.02 Program Established">
        <paragraph indent="1">There is an electric leaf removal equipment rebate program (“rebate program”) to partially offset the cost for County residents and businesses to replace gas powered leaf removal equipment with electric leaf removal equipment.</paragraph>
      </subsection>
      <subsection heading="31B.00.04.03 Eligibility Criteria">
        <paragraph indent="0">A Montgomery County resident or leaf removal business may qualify to receive a rebate under the rebate program if the resident or leaf removal business has a Montgomery County street mailing address.</paragraph>
      </subsection>
      <subsection heading="31B.00.04.04 Application">
        <paragraph indent="1">a.   An applicant that satisfies the eligibility criteria under Section 31B.00.04.03 must apply to the Department in a form prescribed by the Director not later than December 31, 2026, to receive a rebate.</paragraph>
        <paragraph indent="1">b.   The Director must make the application available online via the Department’s website.</paragraph>
        <paragraph indent="1">c.   The application must be pre-approved by the Director prior to the purchase of eligible equipment.</paragraph>
        <paragraph indent="1">d.   An applicant may only submit one application and receive a rebate once per 12-month period as designated by the Department.</paragraph>
        <paragraph indent="1">e.   The Director may deny an applicant for rebates if:</paragraph>
        <paragraph indent="2">1.   the Department receives multiple applications from the same applicant or address; or</paragraph>
        <paragraph indent="2">2.   the applicant requests a rebate for items that the Department has not designated as eligible equipment.</paragraph>
      </subsection>
      <subsection heading="31B.00.04.05 Funding and Limitations">
        <paragraph indent="1">a.   All rebates awarded under the rebate program are subject to appropriation and the availability of funds.</paragraph>
        <paragraph indent="1">b.   A rebate must not exceed the cost of the eligible equipment listed in an application.</paragraph>
      </subsection>
      <subsection heading="31B.00.04.06 Rates and Categories">
        <paragraph indent="0">For purposes of determining the applicable rebate rate, applicants are assigned to the following categories:</paragraph>
        <paragraph indent="1">a.   Resident. An applicant that is a County resident may receive only one (1) rebate limited to the cost of the eligible equipment listed in the applicantion. The rebate must not exceed $100.</paragraph>
        <paragraph indent="1">b.   Revenue qualifying business. An applicant that is a revenue qualifying business may receive a rebate limited to cost of the eligible equipment listed in the application. The rebate for a revenue qualifying business must not exceed $1,500 per 12-month period.</paragraph>
        <paragraph indent="1">c.   Non-revenue qualifying business. An applicant that is a non-revenue qualifying business may receive a rebate limited to the cost of the eligible equipment listed in the application. The rebate award for a non-revenue qualifying business must not exceed $1,000 per 12-month period.</paragraph>
      </subsection>
    </regulation>
  </section>
</chapter>