Recommended Pollution Control Clauses for Construction Contracts

3. Noise Control

3.1 Noise control - general requirements
3.1.1 The Contractor shall observe and comply with the Noise Control Ordinance and its subsidiary regulations.
3.1.2 The Contractor shall ensure that all plant and equipment to be used on the Site are properly maintained in good operating condition and noisy construction activities shall be effectively sound-reduced by means of silencers, mufflers, acoustic linings or shields, acoustic sheds or screens or other means, to avoid disturbance to any nearby noise sensitive receivers.
3.1.3 For carrying out any construction work other than percussive piling during the time period from 0700 to 1900 hours on any day not being a general holiday (including Sundays), the Contractor shall comply with the following requirements
  1. The noise level measured at 1m from the most affected external facade of the nearby noise sensitive receivers from the construction works alone during any 30 minute period shall not exceed an equivalent sound level (Leq) of 75dB(A).
  2. The noise level measured at 1m from the most affected external facade of the nearby schools from the construction works alone during any 30 minute period shall not exceed an equivalent sound level (Leq) of 70 dB(A) [65 dB(A) during school examination periods]. The Contractor shall liaise with the schools and/or the Hong Kong Examinations and Assessment Authority to ascertain the exact dates and times of all examination periods during the course of the contract.
  3. Should the limits stated in the above sub-clause(a) and (b) be exceeded, the construction shall stop and shall not re-commence until appropriate measures acceptable to the Engineer that are necessary for compliance have been implemented.
  4. The Contractor shall adopt, where necessary and practicable, the use of quieter construction equipment and/or methods when carrying out the construction works, including demolition works, foundation works, site formation works, road opening works, etc. Examples of quieter construction methods and equipment can be found on the EPD's website:…
  5. No percussive pilling shall be carried out, unless the Engineer considers other non-percussive means (such as bored piling, press-in piling, helical piling) not practical.
  6. Rock excavation or fracture shall be carried out by non-explosive or non-percussive means (such as chemical expansion agent, hydraulic splitting, crushing) unless the Engineer considers them not practical. When blasting is to be carried out, less noisy technique (such as pulse plasma fragmentation) shall be considered unless the Engineer considers it not practical. Rock blasting using explosives should only be carried out as a last resort, and shall not be done during 7 p.m. to 7 a.m. and any time on a general holiday, including Sunday, to avoid noise impact at sensitive hours.
3.1.4 Before the commencement of any work, the Engineer may require the methods of working, plant equipment and sound-reducing measures to be used on the Site to be made available for trial demonstration inspection and approval to ensure that they are suitable for the project.
3.1.5 The Contractor shall devise, arrange methods of working and carry out the Works in such a manner so as to minimise noise impacts on the surrounding environment, and shall provide experienced personnel with suitable training to ensure that these methods are implemented.
3.1.6 Notwithstanding the requirements and limitations set out in Clause 3.1.3 above and subject to compliance with Clauses 3.1.2 and 3.1.5 above, the Engineer may upon application in writing by the Contractor, allow the use of equipment and the carrying out of any construction activities for any duration provided that he is satisfied with the application which, in his opinion, is considered to be of absolute necessity and adequate noise insulation has been provided to the schools to be affected, or of emergency nature, and not in contravention with the Noise Control Ordinance in any respect.
3.1.7 The Contractor shall, when necessary, apply for a construction noise permit in accordance with the Noise Control (General) Regulations prior to the commencement of the relevant part(s) of the works, display the permit as required and provide a copy to the Engineer.
3.1.8 Measures that are to be taken to protect adjacent schools and other adjacent noise sensitive receivers, if necessary and practicable, shall include, but not be limited to, the use of quieter construction methods and equipment, and adequate noise barriers/enclosures. The barriers/enclosures shall be of substantial construction and designed to reduce transmission of noise (simple plywood hoarding will not be sufficient). The barriers/enclosures shall be designed to meet the requirements given on the EPD's website:…. The location and details of the barriers/enclosures shall be submitted to the Engineer for approval before works commence adjacent to schools and other noise sensitive receivers.


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