Jackhammering in the lobby of my building

[rc6000]

The owner of my building is doing "renovations" (to increase our MCIs of course, my opinion). On Sept 6 they started to break up the floor in the lobby, using jackhammers. Now, I looked at the DEP's noise booklet on line, A Guide to New York City's Noise Code (http://www.nyc.gov/html/dep/pdf/noise_code_guide.pdf). On page two is a list of sounds (by source) and the sound level. A jackhammer is listed as 110 db. On page 3, it says, "Noise that exceeds the ambient sounds level by more than 10 decibels as measured from 15 feet from the source as measured from inside any property or on a public street is prohibited." Doesn't this mean that jackhammers inside a residential building are, per se, prohibited? Am I missing something?

Many tenants in the building have called 311 many times but the DEP sent two inspectors out and found nothing. The sound is deafening in the apartments, in the hallways. You cannot stand in the lobby without injuring your ears. YET, they found nothing.

Very confused.

[10ants]

Having lived through more than one of these:

Best to just put up with it and try to get it over in as few days as possible - the only other ways to break concrete are with giant saws or sledgehammers, both of which are slower and shriekier.

Calling 311 is likely to slow down the process and leave your lobby unusable.

[rc6000]

You have a point but what bothers me is why this is permitted in the first place. As far as I can tell, it's not allowed at all. There is no actual need to break up the lobby floor. There is nothing structurally wrong with it. This is purely a cosmetic choice (and a bad one because now our lobby is looking like Grand Prospect Hall, where all your dreams come true).

So, I don't mind delaying it at all. In fact the more the better. But my basic question is: Is it illegal?

[concord]

JACK-HAMMERS

I don’t have an answer to the legality question.


PHOTOS FOR MCI CHALLENGE

You should take ‘before’ and ‘after’ photos of the lobby.

With this evidence you can prove to which extent renovations were done. When the LL files the MCI application he shall likely exaggerate his filing with incredible expenses.

You, as a tenant, have the right to challenge an MCI application’s validity.


COSMETIC WORK

It really sucks, if you are correct, that a LL can do purely cosmetic renovation and use such expense to increase your rent. You may wish to do some digging and see if there is a way to prevent it.

[10ants]

There are numerous reasons that might have wanted to do this -- floor could have shifted or have cracks, there could be embedded pipes or wires that he needed to get to, the lobby floor might have been too slippery, too uneven, beyond its life, cracked tiles, etc.

There are smaller electric or lower power pneumatic indoor jackhammers; the DOB's noise rating is probably for the big ones that get used to break up streets.

If you have a smartphone, you can download decibel meter apps so that you can measure it.