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Ordinance 1750ORDINANCE 1750 AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING CHAPTER 10, ARTICLES I THROUGH 6, TO TITLE X THEWEOF, CONSISTING OF SECTIONS 10-1011 THROUGH 10-1063, RELATING TO NOISE INSULATION STANDARDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1. The Alameda Municipal Code is hereby amended by adding Chapter 10, Articles I through 6, to Title X thereof, consisting of Sections 10-1011 through 10-1063, to read: CHAPTER 10. NOISE INSULA- TION STANDARDS Article 1. Purpose Sec, 10-1011. The purpose of this chapter is to establish uniform minimum noise insulation per- formance standards to protect persons within new hotels, mo- tets, apartment houses, and dwellings other than detached single-family dwellings from the effects of excessive noise, includ- ing but not limited to hearing loss or impairment and persistent in- terference with speech and sleet). Article 2. Application and Scope Sec. 10-1021. The Provisions of this chapter relating to noise in- sulation Performance standards apply to new hotels, motels, apartment houses and dwellings other than those dwellings which satisfy the provisions of section 10-1022. Sec. 10-1022. The Provisions of this chapter do not apply to de- tached single-family dwellings which are not constructed as part of a subdivision requiring a final subdivision moo and which are not located within a high ex- posure area. Article 3. Definitions Sec. 10-1031. The following special definitions shall apply to this chapter as applicable: (a) Impact Insulation Class (I IC): A single number rating for ceiling-floor construction that represents the ability of the con- struction to isolate impact noise, where measurement Procedure is based on ASTM E492-73T and as defined in UBC Standard No, 35-2. (b) Sound Transmission Class (STC): A single figure rating for floor-ceiling and interior wall Partition construction that represents the ability of the con- struction to isolate airborne noise, where measurement Procedure is based on ASTM E90-70 or ASTM E366-71 and as defined in UBC Standard No. 35 -1. (c) Detached Single-Family Dwelling: Any single-family dwelling which is separated from adjacent Property lines by three (3) feet or more or is separated from adjacent build- ings by six (6) feet or more. (d) High Expgsure Area: An area where the total community noise equivalent level (the CNEL of all sources), as deter- mined by the general plan, at- tafns or exceeds 65 dB. Article 4. Sound Transmission Control Between Dwelling Units Sec. 10 -1041. Wall and Floor- ceiling Assemblies. wall and floor-ceiling assemblies separaf- ing dwelling units or guest rooms from each other and from Public space such as interior corridors and service areas shall Provide airborne sound insulation for walls, and both airborne and im- Pact sound insulation for floor- ceiling assemblies. Sec. 10-1042. Airborne Sound Insulation. All such separating ails and floor-ceiling as- semblies shall Provide an air- borne Sound insulation equal to that required to meet a Sound Transmission Class (STC) of So (45 if field tested) as defined in UBC Standard No. 35.1. Penetrations or openings in construction assemblies for pip- ing, electrical devices, recessed cabinets, bathtubs, soffits, or heating, ventilating or exhaust ducts shall be sealed, lined, in- sulated or otherwise treated to maintain the required ratings. Dwelling unit entrance doors from interior corridors together with their Perimeter seals shall have a Sound Transmission class (STC) rating of not less than 30 and such Perimeter seals shall be maintained in good operating condition, Sec. 10-1043, Impact Sound in- sulation, All separating floor- ceiling assemblies between separate units or guest rooms shall Provide impact sound in- sulation equal to that required to meet an Impact Insulation Class (I IC) of 50 (45 if field tested) as defined in UBC Standard No. 35-2, Floor coverings may be included in the assembly to obtain the required rating, and must be re- tained as a Permanent Part of the assembly and may only be replaced by other floor covering that Provides the some sound in- sulation required above. Sec. 10-1044. Tested As- semblies. Field or laboratory tested wall or floor-ceiling designs having an STC orliCof5O or more as determined by UBC Standard 35-1, 35-2 or 35-3 may be used without any additional field testing when in the opinion of the Building Officials the laboratory tested design has not been compromised by flanking paths. Tests may be required by the Building Official when evidence of compromised separations is noted. Sec. 10-1045. Field Testing. Field testing, when required, shall be done under the super- vision of a Person experienced in the field of acoustical testing and engineering, who shall forward test results to the Building Of- ficial showing that the minimum sound insulation requirements stated above have been met. Sec. 10-1046. Airborne Sound Insulation Field Tests. When required, airborne sound insula- tion shall be determined accord- ing to the applicable Field Air- borne Sound Transmission Loss Test procedures of UBC Standard No. 35-3. Aft sound transmitted from the source room to the receiving room shall be con- sidered to be transmitted through tho foci — rfifi — Alameda City Ordm*ances Ordinance No. i New Series Sec. 10-1047. Impact Sound In- sulation Field Test. When required, impactsound insulation shall be determined in accor- dance with UBC Standard No. 35-2. Article 5. Noise Insulation from Exterior Sources Sec. 10-1051. Location and Orientation. Consistent with land use standards, residential struc- tures located in noise critical areas, such as proximity to select system of county roads and city streets (as sp - ecifled in ss 196.4 of the State of California Streets and Hlahways Code), railroads, rapid transit lin&s, dirports, or indus- trial areas shall be designed to prevent the intrusion of exterior noises beyond prescribed levels with all exterior doors and win- dows in the closed position. Proper design shall include, but shall not be limited to, orientation of the residential structure, set- backs, shielding, and sound in- sulation of the building itself. Sec. 10-1052. Interior Noise Levels. Interior community noise equivalent levels (CNEL) with windows closed, attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room. Sec. 10-1053. Airport Noise Source. Residential structures to be located within an annual CNEL contour (as defined in Title 4, Subchapter 6, California Ad- ministrative Code) of 60 dB require an acoustical analysis showing that the structure has been designed to limit intruding noise to the prescribed allowable levels. CNEL's shall be as deter- mined by the general Plan. Sec. 10-1054. Vehicular and In- dustrial Noise Sources, Residen- tial buildings or structures to be located within exterior com- munity noise equivalent level contours of6OdB of an existing or adopted freeway, expressway, major street, thoroughfare, bridge, railroad, rapid-transit line or industrial noise source shall require an acoustical analysis showing that the proposed building has been designed to limit intruding noise to the prescribed allowable levels. CNEL's shall be as deter- mined by the general plan. Exception: Railroads, where there are no nighttime (10:00 P.m. to 7:00 a.m.) railway operations and where daytime (7:00 a.m. to 10:00 p.m.) railway operations do not exceed four (4) per day. Sea. 10-1055. Parks, Playgrounds and Schools. Residential buildings or struc- tures to be located within exterior community noise equivalent level contours of 60 dB of an existing park, playground or school shall require an acoustical analysis showing that the proposed build- ing has been designed to limit in- truding-noise to the prescribed allowable levels. CNEL's shall be as determined by the general plan. Sec. 10- 1056. High Exposure Area. Buildings located within a high exposure area shall require an acoustical analysis showing that the structure has been designed to limit noise to the prescribed allowable levels. CNEL's shall be as determined by the general Plan. Article 6. Compliance Sec. 10-1061. Acoustical Analysis Report. Evidence of compliance shall consist of sub- mittal of an acoustical analysis report, prepared under the supervision of a Person experienced in the field of acous- tical engineering, with the application for building permit. The report shall show topographical relationship of noise sources and dwelling site, identification of noise sources and their characteristics, predicted noise spectra at the exterior of the proposed dwelling structure considering present and future land usage, basis for the prediction (measured or obtained from published data), noise attenuation measures to be applied, and an analysis of the noise insulation effectiveness of the proposed construction show- ing that the prescribed interior noise level requirements are met. If interior allowable noise levels are met by requiring that win- dows be unopenable or closed, the design for the structure must also specify the means that will be employed to provide ventila- tion, and cooling it necessary, to provide a habitable interior en- vironment. Sec. 10-1062, Field Testing, Only when inspection indicates that the construction is not in accordance with the approved design, field testing may be required. Interior noise measurements shall be taken under conditions of typical maximum exterior noise levels within legal limits. A test report showtog compflance or non- compliance with the prescribed interior allowable levels shall be submitted to the Building Of- ficial, Sec. 10-1063. Field Testing Costs. Where a complaint as to noncompliance with this chapter requires 6 field test fo resolve the complaint, the complainant shall post a bond or adequate funds in escrow far the cost of said testing. Such costs shall be chargeable to the complainant when such field tests show that compliance with these regulations is in fact present. If such tests show non- compliance, then such testing costs shall be borne by the owner or builder. Alameda Cl Onfinances Ordinance No, 1 79 New Series Section 2. The City Council finds that: (1) The City is subiected to a multiplicity of noise sources from surrounding freeway, airport and industrial facilities within and without the City; (2) The City is by and large made up of detached single - family residential structures and that such structures shall con- tinue to predominate in new con- struction; (3) The changes made by this ordinance to the regulations of Title 25, Chapter 1, Subchapter 1, Article 4, Section 1092 are reasonably necessary because of local conditions; (4) The ordinance, together with such changes, will require the diminution of noise levels permitted by Section 1092; and (5) The modifications and changes to Section 1092 are need- ed in the City of Alameda. Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, sub - division, paragraph; sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, Subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. Section 4, This ordinance shall be ef- fective thirty (30) days from and after thedateof its final passage. TERRY LA CROIX, JR. Presiding Officer of the Counci I Attest: ETHELM. PITT City Clerk 1, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of January, 1975, by the foliowing vote, to wit: AYES Councilmen Corica, Hurwitz, McCall and President La Croix,,Jr., (4). NOES: None. ABSENT: Councilman Beckam, (1). IN WITNESS. WHEREOF, I have hereunto set-my hand and affixed the official seal of said City this 22nd day of January, 1975. (SEAL) ETHEL M. PITT City Clerk of the City of Alameda Legal No. 930. Publish: Jan. 24, 1975.