Fairhaven Board of Health Enforcement...

Fairhaven Board of Health Enforcement Actions

Posted in the Fairhaven Forum

Jack Kelly

Jamestown, RI

#1 Jun 17, 2013

310 CMR 7.10 Noise

(1) No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit unnecessary emissions from said source of sound that may cause noise

310 CMR 7.52 Enforcement Provisions
"Any police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized by the DEP to enforce, as provided in M.G.L. c. 111, S 142B, any regulation in which specific reference to 310 CMR 7.52 is cited."
Noise is defined in the Regulations as "...sound of sufficient intensity and/or duration as to cause or contribute to a condition of air pollution."

Local boards of health in Massachusetts are required by state statutes and regulations to perform many
important and crucial duties relative to the protection of public health, the control of disease, the
promotion of sanitary living conditions, and the protection of the environment from damage and
pollution. These requirements reflect the legislature’s understanding that many critical health problems
are best handled by the involvement of local community officials familiar with local conditions.

Nuisances: Investigate nuisances which in the board’s opinion may be injurious to health. The board
shall destroy, prevent or remove such nuisances, and shall make regulations relative to
nuisances. M.G.L. c.111, s.122.

Community Sound Level Criteria

A source of sound will be considered to be in compliance with the DEP noise regulation 310 CMR 7.10(1) if the source does not:

Increase the broadband sound level by more than 10 dB(A) above ambient, or
Produce a pure tone condition.

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