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Neighborhood noise
subject to state laws

Question: I will soon start homeowner construction on a new home, with neighbors bordering our property. What is the requirement regarding notifying surrounding neighbors, specifically about noise factors, and when we can start and finish work?

Answer: You should file a "notice to construct" with the state Department of Health's Noise, Radiation and Indoor Air Quality Branch.

However, that notice does not require you to notify your neighbors, said branch manager Russell Takata.

Depending on how much work is involved, you may need to get a noise permit. A permit is not required if your project is valued at less than $250,000, Takata said.

State law allows construction to take place between 7 a.m. and 6 p.m. weekdays, and between 9 a.m. and 6 p.m. Saturdays. No construction is supposed to take place on Sundays or state holidays.

Call Daryn Yamada, supervisor of the Noise Section, at 586-4700 for more information.

Q: The Star-Bulletin had a story about the popularity of air conditioners. But do people who have air conditioners consider how noisy they are? We have a neighbor who just put one in and it's so loud. Can't anything be done to require quiet air conditioners?

A: Call the state Department of Health's Noise, Radiation and Indoor Air Quality Branch at 586-4700.

An inspector can check to see if the noise levels are allowable under Chapter 46 of the department's administrative rules. The allowable noise levels are based on the zoning for an area.

Q: Is there a law stating what time occupants of an apartment building are supposed to stop doing repairs? It's 11:45 p.m. and the people in an apartment next to my building are pounding, drilling, breaking down rubbish and talking loudly. This has been going on for two weeks, including Sundays and beginning at 6 a.m. Who can I contact? There must be a decent time frame by law which requires these people to start and end work at certain times.

A: There are restricted times for construction, but in this case, you're advised to call police.

The applicable law is Chapter 711-1101(1)(b) of the Hawaii Revised Statutes, dealing with disorderly conduct stemming from "unreasonable noise."

An officer would be sent to determine if the noise your neighbors make can be deemed unreasonable, said police spokeswoman Michelle Yu. If so, a warning would be issued. If an officer has to be sent again, the officer has the option of taking enforcement action, Yu said. The offense would be a petty misdemeanor.

Noise is unreasonable if, considering various factors (time of day, etc.), one's "conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation ..."

The law also says, "The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation."

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