If you work in the construction industry in the city of São Paulo, you’ve certainly heard about Decree No. 60.581, which regulates construction noise emissions in the city. You might even be familiar with the document and have memorized the established noise limits. Even so, you probably still have many questions about what needs to be done to comply with the noise decree.
In this article, we aim to explain the rules of Decree No. 60.581 in a straightforward way and introduce a noise monitoring system that can help you take action in real time, ensuring that the noise produced at your site stays within the decree’s established limits.
Decree No. 60.581 – regulates construction noise control
Decree No. 60.581, published on September 27, 2021, “regulates noise control during the execution of construction works in the Municipality of São Paulo.” This means that every construction project subject to an Execution Permit in the city of São Paulo must comply with the noise limits set by this decree, except for certain situations we’ll present next.
If the provisions of the decree are not followed, violators are subject to penalties based on Article 146 of the Law No. 16.402 – Land Subdivision, Use and Occupancy Law, as outlined in item 12, Table 5, annexed to the LPUOS.
Noise emission limits set by Decree No. 60.581
It’s impossible to carry out a construction project without increasing the typical noise levels in the area. That’s why the decree states that “the worsening” of noise pollution will be considered normal due to the increase in noise-emitting agents (various types of machines and noisy construction activities).
Even though it’s understood that discomfort from noise is inevitable during construction, it’s essential to have regulations to ensure noise levels don’t exceed acceptable limits, especially during rest periods.
This is precisely the purpose of Decree No. 60.581, which sets noise emission limits based on days of the week and times. These limits are shown in the following table.
Cases not subject to the noise decree limits
Not all construction projects are required to comply with the noise emission limits set by Decree 60.581: specifically, public works and emergency works.
Other private civil constructions are also exempt from the limits in the following situations: loading and unloading, earthmoving phase, foundation, demolition, and structure, as long as the days and hours specified in the decree are respected.
If there is any violation concerning these times and days, which condition these two exceptions, the penalties described in Article 5 must be applied.
Penalties for violating the Decree
By the end of this article, you’ll be ready to take the necessary actions to avoid any trouble regarding your construction’s noise emissions and with noncompliance with the decree.
In any case, it’s important to clarify the penalties violators might face if the site’s noise exceeds the established limits.
To start, the decree considers violators to be “the property owner or holder, and, when applicable, the technical manager of the project.”
The penalties, as set out in Article 5 of the decree, become more severe with each recurrence:
1st notice: in addition to a fine (the amount set in the Table 5, annex of LPUOS), an official notice will be issued to stop the irregularity.
2nd notice: if the violation recurs, the fine will be double the previous amount and another notice will demand the issue be resolved.
3rd notice: the third notice results in a fine three times greater than the first and a shutdown of the project.
Recurrence means every infraction after the first for the same work, within a one-year interval.
Measurements to confirm compliance, as well as the issuance of citations, are carried out by PSIU – Technical Division for Urban Silence Inspection.
In cases where the violation persists, according to Article 7 of the decree, PSIU can take more drastic measures, referring the case to the Police Department, CREA or CAU, and the Department of Defense of the Environment and Heritage of the General Attorney’s Office of the Municipality (DEMAP).
How to avoid being penalized under the Decree
The best way to comply with any noise emission law is through careful planning. For example, scheduling the noisiest phases for times when higher noise limits are permitted is a great start.
However, with construction projects, this planning can be tricky due to the range of phases, machines, and equipment involved.
Another complicating factor is that the duration of a project can range from months to two or three years (or more), depending on the size and complexity. This long period raises the chances of noise issues with neighbors, for example.
So how do you plan efficiently to ensure you won’t have noise problems? The answer is simple: monitor the noise emitted from your site!
To plan construction activities during less restrictive times, you need to know the noise levels emitted in each phase. There’s no way to do this except by measuring with proper equipment.
However, as mentioned before, a project goes through many phases, with various noisy machines, over long periods. So, a simple, short-term, or single-phase measurement isn’t enough. In construction, continuous, long-term monitoring is necessary.
At this point, you’re probably thinking long-term monitoring won’t be economically feasible for your project with its tight budget. This is where we introduce OTOH, a low-cost system developed specifically for this purpose: long-term noise monitoring.
Next, learn more about this system and how we can help you and your company avoid noise decree penalties and maintain good relationships with neighbors.
OTOH and construction site noise monitoring
OTOH is a smart, low-cost sound monitoring system that lets you check noise levels in real time. With strategically placed sensors on your site, you can analyze noise data through a user-friendly platform, using a computer or mobile device.
Monitoring noise levels in real time allows you to identify the noisiest sources on-site, leading to efficient activity planning and quick, precise action.
Finally, with the insights provided by OTOH, you’ll be able to clarify information for the local community, plan your construction activities, and have a secure tool to prove compliance with the limits set by Decree 60.581.
To learn more about this innovative noise monitoring system and get all your questions answered, get in touch with the OTOH team!
