Noise debate expected to get rowdy.

Contractors will have a chance to voice their opinions on the city's new noise code--which many believe may add to unwieldy construction costs throughout the city--at a public hearing planned for January 18.

The code--which was revamped my Mayor Michael Bloomberg last year for the first time last year since 1974--will go into effect this July. It is intended to diffuse all noise associated with outdoor activities, from hot dog vendor's carts bells to air conditioners buzz.

However regulating noise associated with the construction industry is the most complex challenge for the city, said Charles Sturcken, spokesperson for the Department of Environmental Protection.

Details of the ordinance have yet to be ironed out, but it will require contractors to hash out a noise mitigation plan before starting any work and posting the plan on construction sites. Inspectors will be sent out to sites if complaints are lodged to enforce rules.

The General Contractors Association managing director Chris Ward helped work on the new noise code, but remains concerned that the public complaint driven method of reporting violations could get out of hand, and may result in fines and refiling fees that could put an unreasonable burden on contractors.

"When a contractor bids, the amount of money you are going to have to put in your bid to recover from these violation reports is unknown. It will make for an uneven playing field among contractors," Ward said.

Ward also is concerned about the added burden of costs of new technology the plan will require, additional equipment, such as sound mufflers for jackhammers and backhoes, and thicker construction fences.

"It is still unclear whether the best available technology is either available or affordable on the market right now, and what the best available technology is," he said. "Construction costs are already way above what most contractors budgets can support."

Ward is optimistic about both the promise of the DEC to work hand in hand with contractors to come up with a compromise set of rules, and some flexibility built into the enforcement process. For example, if an inspector visits a site in response to a complaint, and the company has posted a mitigation plan but it is not working, the owner may have 48 hours to come up with an alternative plan.

"The new laws will seek to strike a balance, developed in conjunction with the construction industry to have construction businesses develop noise mitigation strategies and is not meant as a regulatory bar," Sturcken said.

The hearing will take place Jan. 18 at 10 a.m. at 59-17 Junction Blvd. Written comments can also be submitted for the meeting. Contact the DEP for further information.