[§342F-4.5]  Projects exempt from noisepermit requirements.  (a)  Except as provided in subsection (b), anyconstruction project:

(1)  For a dwelling; or

(2)  With a total cost of less than $250,000 based onthe value of the project listed on the building permit,

shall be exempt from the noise permit requirementsof section 342F-4; provided that written notification of the intent toconstruct shall be submitted to the department by the person responsible forthe construction project.  The notification shall include informationconcerning the person responsible for the construction project, type ofconstruction, location, and estimated duration of the construction project. The notification also shall include an acknowledgment that the constructionproject shall be subject to operational times and a maximum noise level ofseventy-eight decibels when measured at any point at or beyond the propertyline of the construction premises.

(b)  The exemption in subsection (a) shall notapply to any construction project which:

(1)  Emits noise in excess of the maximum permissiblesound levels established under the state community noise code adopted by thedepartment which occur:

(A)  Before 7:00 a.m. and after 6:00 p.m. onMonday to Friday;

(B)  Before 9:00 a.m. and after 6:00 p.m. onSaturday; and

(C)  On Sunday and holidays; or

(2)  Uses hoe-rams or pile drivers;

provided that subsection (a) shall not apply to aconstruction project that emits noise exceeding seventy-eight decibels,regardless of the time of occurrence of the noise.

(c)  Violation of this section shall be subjectto a fine not exceeding $100 per violation; provided that each day of aviolation shall constitute a separate offense; and provided further that aviolation exceeding five days shall be subject to the penalties under section342F-9(b).

(d)  As used in this section:

“Construction” means any or all activitiesincluding those activities necessary or incidental to the erection, demolition,renovation, or alteration of buildings.

“Dwelling” means a room or rooms connectedtogether constituting an independent housekeeping unit for an individual or afamily, and containing facilities for bathing, cooking, or both.

“Notification” means a formal notice to thedepartment of the intent to construct a project exempt from noise permitrequirements under subsection (a). [L 1999, c 57, pt of §1]