N.J. Admin. Code § 7:29-1.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:29-1.5 - Exceptions

(a) The operational performance standards established at 7:29-1.2 shall not apply to any of the following noise sources:

1. Agricultural activities;

2. Bells, chimes or carillons, which may include electronic devices that imitate the sounds of bells, chimes or carillons, while being used in conjunction with religious services;

3. Emergency energy release devices;

4. When public health or safety is involved, emergency work to provide electricity, water, or other public utilities; to conduct emergency construction or demolition work; to make emergency repairs to public roadways or bridges; to address emergency incidents such as the cleanup of spills of hazardous materials; or upon written approval of the authorized enforcement agency, to utilize sound producing devices to relocate wildlife;

5. Motor vehicle racetrack facilities engaged in the racing of motor vehicles;

6. National Warning System (NAWAS): Systems used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Department of Law and Public Safety;

7. Noise of aircraft flight operations;

8. Public celebrations that are government-sponsored or government-permitted events;

9. Public roadways;

10. Surface carriers engaged in commerce by railroad when the noise sources in question are trains in motion, operating retarders, train horns and whistles, or performing locomotive load test cell stands;

11. The unamplified human voice;

12. Use of explosive devices: These are regulated by the New Jersey Department of Labor and Workforce Development under the 1960 Explosive Act (N.J.S.A. 21:1A-1 to 21:1A-21 );

13. Normal operation of a handgun, rifle, shotgun, skeetshooting or trapshooting range which has been maintained continuously in the same location since January 24, 1972; or

14. Emergency electricity generators at an industrial, commercial, or community service facility in use during an electrical outage.

N.J. Admin. Code § 7:29-1.5

Amended by R.1985 d.129, effective 3/18/1985.
See: 16 N.J.R. 1682(a), 17 N.J.R. 699(b).
Substantially amended.
Petition for Rulemaking: Regulations governing noise control pertaining to motor vehicle race tracks.
See: 23 N.J.R. 3535(a).
Petition for Rulemaking: Noise control for racetracks; public hearing.
See: 24 N.J.R. 2299(a), 24 N.J.R. 3440(d).
Amended by R.1995 d.302, effective 6/19/1995.
See: 27 N.J.R. 1091(a), 27 N.J.R. 2390(c).
In (a) added 13.
Public Notice: Notice of Receipt of and Action on a Petition for Rulemaking.
See: 29 N.J.R. 4718(c), 29 N.J.R. 5334(a).
Petition for Rulemaking.
See: 32 N.J.R. 1873(a), 32 N.J.R. 2132(a), 32 N.J.R. 4144(a).
Amended by R.2000 d.247, effective 6/19/2000.
See: 32 N.J.R. 1115(a), 32 N.J.R. 2230(b).
Rewrote (a)4.
Petition for Rulemaking: Exception for surface carriers engaging in commerce by railroad: noise control.
See: 38 N.J.R. 1245(a).
Petition for Rulemaking: Compliance and Enforcement: action on petition for rulemaking: Noise Control rules.
See: 38 N.J.R. 1586(b).
Recodified from N.J.A.C. 7:29-1.4 and amended by R.2007 d.227, effective 8/6/2007.
See: 38 N.J.R. 2774(a), 39 N.J.R. 3372(a).
Rewrote the section. Former N.J.A.C. 7:29-1.5, Performance test principle, recodified to N.J.A.C. 7:29-1.6.
Amended by R.2012 d.127, effective 7/2/2012.
See: 42 N.J.R. 3024(a), 43 N.J.R. 3300(a), 44 N.J.R. 1881(a).
In (a)14, substituted ", commercial, or" for "or commercial facility, or a public service or".