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GateKeeper said:
Actually if you read some of the posts made by the OP, it was measured and apparently it's just a bit over the legal limit of where it should be, that is if it was measured correctly, then again if By-law was out there and on several occasions, I am sure they would have measured it and written an order of compliance to have the unit moved, I have to wonder why this was not done...


But I am curious on one thing OP, you say he is in contravention of a "Noise By-Law" really ? where is this By-Law, I don't think I have ever heard of a noise By-Law being used against an air conditioner.

Can you point this out for me in the By-Laws for your City

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Noise bylaws normally include the vague "though shall not disturb" or "clearly audible" in addition to any other points.

In Kingston's case

4.1 No person shall, at any time, make, cause or permit the making of noise within the City that is the result of any of the activities described in Schedule A and that is audible to:
(1) a person in a premises or a vehicle other than the premises or vehicle from which the noise is originating; or
(2) a person in a residence other than the residence from which the noise is originating.
(By-law No. 2004-52)

A quick review of their schedule A does not list A/C condensers as a source, so it shouldn't apply.

As an example of one that deals specifically with A/C (Markham):
http://www.markham.ca/NR/rdonlyres/B2B44081-0736-46E0-8575-4614679082CA/0/bylaw_2003137_080905.pdf

No person shall emit or cause or permit the emission of sound resulting from: . . .
(3) from any air conditioning device of a type referred to in Schedule 4 - Publication NPC-216 unless the device:. . .

Vaughan noise bylaw
8. AIR CONDITIONERS, HEAT PUMPS, AND SIMILAR DEVICES
No person shall use or operate or cause to be used or operated any residential air conditioner, heat pump, or similar device, the noise from which has a level greater than 61 dBA when measured at the point of reception.
 
GreyGhost said:
Noise bylaws normally include the vague "though shall not disturb" or "clearly audible" in addition to any other points.

In Kingston's case

4.1 No person shall, at any time, make, cause or permit the making of noise within the City that is the result of any of the activities described in Schedule A and that is audible to:
(1) a person in a premises or a vehicle other than the premises or vehicle from which the noise is originating; or
(2) a person in a residence other than the residence from which the noise is originating.
(By-law No. 2004-52)

A quick review of their schedule A does not list A/C condensers as a source, so it shouldn't apply.

As an example of one that deals specifically with A/C (Markham):
http://www.markham.ca/NR/rdonlyres/B2B44081-0736-46E0-8575-4614679082CA/0/bylaw_2003137_080905.pdf

No person shall emit or cause or permit the emission of sound resulting from: . . .
(3) from any air conditioning device of a type referred to in Schedule 4 - Publication NPC-216 unless the device:. . .

Vaughan noise bylaw
8. AIR CONDITIONERS, HEAT PUMPS, AND SIMILAR DEVICES
No person shall use or operate or cause to be used or operated any residential air conditioner, heat pump, or similar device, the noise from which has a level greater than 61 dBA when measured at the point of reception.
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good luck on using the Noise By-Law, unless it's some old crappy clunky unit, it's not gonna fly, and I don't see any one going to use this to have it turned off....

your example for Markham, seems to be for a Commercial enviroment or while a contractor is doing something, not in a residential setting, with a homeowner running his air conditioner to cool himself during a warm period

Vaughn has it right, it will eliminate some of the old and antiquated units still in existence, but put in a new unit that meets or exceeds the Db levels and your good to use...

I don't see the Noise By-Law helping out the OP

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GateKeeper said:
good luck on using the Noise By-Law, unless it's some old crappy clunky unit, it's not gonna fly, and I don't see any one going to use this to have it turned off....

your example for Markham, seems to be for a Commercial enviroment or while a contractor is doing something, not in a residential setting, with a homeowner running his air conditioner to cool himself during a warm period

Vaughn has it right, it will eliminate some of the old and antiquated units still in existence, but put in a new unit that meets or exceeds the Db levels and your good to use...

I don't see the Noise By-Law helping out the OP

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NPC-216 required by Markham is specifically for residential units only (and in general, all townhouses won't pass and side yard a/c's won't pass). That being said, I haven't heard of Markham enforcing it on existing houses, just new developments.

If you read noise bylaws, most have a ton of activities that are technically not allowed, but very rarely enforced (for example almost every noise bylaw in ontario only allows car washes to operate Monday-Saturday during daytime hours, no operation at night, on sundays, or holidays is allowed. When was the last time you saw a carwash that wasn't open 24/7?)

The OP's problem is most appropriately dealt with by setback, but without a survey, measuring to the property line can be difficult (many houses have 1.2 m setback on one side and 0.6 m on the other, the property lines are normally not half way between houses). In the GTA it is very rare to have a side yard A/C that could meet the 1.2 m setback requirement (although it does happen in some locations, mostly with pie shaped lots or stepped houses).
 
I asked unofficially and was told this....since not all details were provided, the answer was given as per the info I provided, an official ruling would only be given if an officer was on scene and did their investigation.

in Mxxxxxx ,we would have complainant fill out a noise diary as to dates and times of noise No time limit for A/C units
If the a/c meets setback and is fairly new I can’t see this going further
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Every place has it's own by-laws and how they are enforced

Like mentioned the only sure fire way, is to check the setback of the unit and use that as your argument and reason to have it moved
 
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GateKeeper said:
I asked unofficially and was told this....since not all details were provided, the answer was given as per the info I provided, an official ruling would only be given if an officer was on scene and did their investigation.



Every place has it's own by-laws and how they are enforced

Like mentioned the only sure fire way, is to check the setback of the unit and use that as your argument and reason to have it moved
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There's some wording somewhere about being able to use your property without disturbance. Ie a constant hum is known to have problems associated with health issues. That's what the anti-wind power people are saying is happening, only people can't measure that "hum" apparently. You definitely can here, the house passageway acts like a noise amplifier bouncing the sound between solid walls right to my overlooking bedroom windows and actually through the upper siding covered walls.

a-hole is currently building a fence down the property line, more for privacy for his sun room than anything else. It may cut the sound out for the downstairs rooms but I told him that it's unlikely to do much for the upstairs windows as the fence isn't tall enough to stop the sound rebounding. Yes the unit is placed illegally by my measurements, as was the last one. I'll wait and see what the fence does but if it doesn't change anything I'll insist that the bylaw guys make him move the AC.

I have explained to him many many times that the 100% guaranteed solution to the noise problem is moving his ****ing AC unit and putting it in the back yard like every other person in the neighbourhood does. My AC installer said he'd never put a unit where the neighbour put his.
 
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