HomeMy WebLinkAbout4009Ordinance No. 4009
AN ORDINANCE ADDING SECTION 24-242, ENTITLED RESIDENTIAL
GENERATOR NOISE, TO ARTICLE IV OF CHAPTER 24 OF THE BUTTE
COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Section 24-242 is added to Article 1V, entitled "General Development
Regulations" of Chapter 24, entitled "Zoning", of the Butte County Cade to read as
follows:
24-242 Residential Generator Noise
{a) Purpose. The purpose of this section is to provide minimum requirements for the
operation of residential generators, in order to reduce noise levels and protect the health,
property, and well being of Butte County residents and visitors.
{b) Definitions. The definition of terms in this section shall be as follows:
{1) Agriculture. The use of land for commercial agricultural purposes as defined in
Section 24-305.
{2) Decibel. The logarithmic unit of measurement that quantifies sound levels.
{3) Emergency. Disaster or extreme peril to the safety of persons, the environment, and
property caused by such conditions as fire, flood, storm, epidemic, riot, earthquake, or
hazardous materials.
(4) Noise level. The sound pressure level in decibels obtained by using a sound level
meter.
(S) Residential generator. A machine that produces electricity to support residential uses,
including supplying power directly to a residence or far incidental residential activities.
(c) Applicability. This section shall apply to the operation of residential generators. This
section does not apply to the area of applicability for Standards for Limited Density
Owner-Built Rural Dwellings. Allowable noise levels for Limited Density Owner-Built
Rural Dwellings are defined under Article Vl, Chapter 2G of the Butte County Code.
{d) Standards.
{1}Noise levels. Residential generators shall not produce more than ffty-five (SS)
decibels at any point along ar outside the property line.
(2) installation. Permanent generators shall be permanently secured on a minimum 3
and 112 inch thick concrete slab extending a minimum of two feet beyond the generator on
all sides, or shall be anchored as required in the manufacturer's installation instructions to
prevent vibration.
(3) Compliance with Noise Standard. Residential generators not meeting the noise
standard shall be brought into compliance in any of the following ways:
a. Cessation of operation;
b. Retrofitting of the generator with amanufacturer-approved muffler or exhaust silencer;
c. Repair of the generator;
d. Replacement of the generator with a conforming generator; or
e. Enclosure of the generator in conformance with subsection (d) (4) of this section.
(4} Enclosure. if needed to comply with the maximum decibel level, generators shall be
enclosed in a sound reduction enclosure approved by the Building Official. This structure
shall be fully enclosed; and may be constructed consistent with published County
guidelines for generator noise reduction, or may be a commercially manufactured
enclosure. Generator enclosures shall reduce noise to the level required by this section.
Enclosures shall be constructed to meet current California Building Code standards, shall
provide a minimum of thirty {30) inches of interior structural clearance to allow access on
all sides of the generator, and shall be adequately ventilated and vented. The Director of
Development Services shall publish and maintain guidelines for the construction of
effective generator noise reduction enclosures.
(e) Exceptions. The standards of this section are not applicable to generator noise from
the following sources:
{1) The use of any generator related to or connected with an emergency, in order to
protect Life or property; or during a temporary power outage; and
{2) The operation of any generator for commercial agricultural use.
{f} Noise level measurement. The County may conduct field testing to verify noise levels;
and/or the County may require the operator to conduct field testing. If the operator is
required to verify noise levels, a test report showing compliance shall be provided by the
operator and submitted to the Director of Development Services at the operator's
expense. For the purpose of evaluating conformance with the standards of this section,
noise levels shall be measured as follows:
(1) Use of meter. Any noise measurement made pursuant to this section shall be made
with a sound Level meter calibrated and operated according to the manufacturer's
instructions; and
{2) Meter location. Exterior noise levels shall be measured at any point along or outside
the property line. Where practical, the meter shall be positioned f ve feet above the
ground and away from reflective surfaces.
(g) Enforcement. Any person who violates any of the provisions of this section shall be
subject to the provisions of Chapter 41, entitled "Code Enforcement Policies and
Procedures", of this code.
Section 2. Severability. if any provision of this Ordinance or the application thereof
to any person or circumstances is for any reason held to be invalid by a court of
competent jurisdiction, such provision shall be deemed severable, and the invalidity
thereof shall not affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or application
thereof.
Section 3. Effective Date and Publication. This Ordinance shall take effect thirty
(30) days after the date of its passage. The Clerk of the Board of Supervisors is
authorized and directed to publish this ordinance before the expiration of fifteen (15)
days after its passage. This Ordinance shall be published once, with the names of the
members of the Board of Supervisors voting for and against it, in the
Enterprise Record, a newspaper of general circulation published in the County of
Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 27th day of October, 2009, by the fallowing vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly.
NOES: N/A
ABSENT: N/A
NOT VOTING: NIA
~~
Bill Connelly, Chair of the
Butte County Board of Supervisors
ATTEST:
Gregory G. Itu~ria,
Interim Chie d Fs five Officer
and Clerk ~~ i
By