Noise is a common complaint among occupants of residential condominium buildings. Resolving these complaints requires an understanding of how sound moves through a building and the obligations of a condominium when addressing the complaints.
Here are some common questions that may arise when a condominium faces a noise issue:
How does the Ontario Condominium Act and its regulations address noise?
The Ontario Condominium Act, 1998, and its associated regulations do not provide a strict definition of “noise nuisance.” However, they set out the framework for condominium governance and dispute resolution, including addressing issues like noise complaints.
How do the condominium declaration and rules address noise?
The condominium declaration is a legal document that outlines the rights and responsibilities of unit owners and the condominium corporation. It may include provisions related to noise control or restrictions on certain activities. Condo corporations can establish specific rules and bylaws that address noise-related matters. These rules may set acceptable noise levels, quiet hours, and procedures for handling noise complaints. Particular details may also vary depending on the individual condominium corporations’ bylaws, rules and declarations.
When is noise considered a nuisance?
Noise is generally considered a nuisance when it interferes with a resident’s peaceful enjoyment of a unit. Common examples of noise nuisances include loud music, barking dogs, loud parties, and construction noise during restricted hours.
What are the primary considerations when a noise complaint is received?
Balancing the interests of residents is essential. Condo corporations must consider the rights of unit owners to use their property as they see fit while also ensuring that noise and other disturbances do not unduly disrupt the rights of other residents. The condominium corporation must also consider their declaration, rules and bylaws when dealing with a noise complaint.
What are the condominium’s roles and responsibilities in dealing with a noise complaint?
Condo corporations must enforce the corporation’s declaration, rules, and bylaws, which include addressing noise complaints and taking steps to resolve disputes. The condo corporation may issue warnings, fines, or penalties for repeated noise violations.
How can a condominium manage noise complaint claims effectively?
Clear communication between residents and the condominium corporation management is essential when addressing noise complaints. Residents should first try to resolve minor noise issues directly with their neighbours whenever possible. When noise complaints cannot be resolved, residents are encouraged to document and record the noise complaints and their dates and times and provide descriptions of the disturbances.
The condominium management should investigate noise complaints subjectively to determine their validity. The investigation of noise complaints may involve consulting experts, such as acoustics engineers. Alternative dispute resolution methods, such as mediation, should be used before resorting to legal action. Legal action through the Condominium Authority Tribunal (CAT) or the Courts may be necessary when all else fails.
Both residents and condominium corporations must be aware of the rights and responsibilities regarding noise nuisances, as outlined in the condominium’s governing documents and applicable bylaws. Legal advice and guidance from a lawyer experienced in condominium law may be necessary to navigate complex noise complaints effectively. It is, therefore, essential to consult legal counsel for advice tailored to specific situations that cannot be addressed by other means.
How Sound Moves Through A Building
Addressing a noise complaint requires identifying the source of the noise and how it moves through the building to reach the affected occupants. Sometimes, identifying the source of the noise can be difficult, especially if it originates from mechanical equipment. Sound moves through a building in two ways. It can transmit through the air and also through the building structure.
1. Air-borne sound
Air-borne sound transmission refers to the propagation of sound waves through the air from one source to another. This type of sound transmission occurs when sound waves travel through the air and are detected by the human ear or other sound receptors. Examples of air-borne sound include human conversations, music, television and radio, appliances, traffic, etc.
Air-borne sound can travel through building components such as walls, floors, windows, and doors and can also travel through openings, gaps, or penetrations in these components. The ability of building components to block or attenuate air-borne sound is an essential consideration in architectural and acoustic design.
Various soundproofing techniques and materials can reduce air-borne sound transmission between spaces. These techniques include adding insulation within walls or ceilings, using double or triple-glazed windows, sealing gaps in cracks, employing acoustic barriers and isolators, and using sound-absorbing materials like acoustic panels and ceiling tiles.
Sound transmission class
Sound Transmission Class (STC) is a rating system used to classify the resistance of building partitions, including walls and floors, to air-borne sound transmission. For example, at an STC rating of 25, soft speech can be understood through walls or floors. At an STC rating of 50, normal speech is not audible. An STC rating of 65 signifies superior soundproofing.
The STC rating is not specific to the type of building material (e.g., wood or steel). Instead, the STC rating evaluates the overall sound transmission resistance of the system as an assembly of materials. STC ratings typically apply to various types of building construction, including wood-framed buildings. The higher the STC rating, the better the assembly’s ability to reduce air-borne sound transmission.
Below are some general STC ratings for common wall and floor constructions found in wood-framed buildings. Wood-frame buildings are light, so they tend to transmit more low-frequency noise than most building assemblies made of heavier materials. For example, a wood frame wall will typically transmit more low-frequency noise than one constructed of concrete.
Wood-frame buildings have wall and floor assemblies constructed of multiple elements, which are susceptible to changes or errors in their installation in the field. They also have discontinuities that create flanking paths for sound to bypass or “short-circuit” the solid portion of the assemblies. As a result, the STC rating assigned to the assembly is a theoretical rating that may not be achieved in practice.
Wood-stud wall with drywall on both sides: A typical wood stud wall with drywall on both sides may have an assigned STC rating in the range of 30 to 45, depending on factors such as wall thickness, insulation and the quality of the construction.
Double-layer drywall: Adding a second layer of drywall on one or both sides of a wall can significantly improve sound insulation. This may achieve assigned STC ratings in the range of 45 to 60 or higher, depending on the specific configuration.
Insulation: The use of acoustic insulation within wall or floor cavities can further improve STC ratings by reducing sound transmission through the assembly. The effectiveness will depend on the type and thickness of insulation used.
Specialized wall assemblies: In some cases, specialized wall assemblies, such as staggered stud walls or resilient channels, may be employed to achieve higher assigned STC ratings. These assemblies are designed to minimize sound transmission.
Floor-ceiling assemblies: For floors in wood-frame buildings, similar principles apply. The combination of subflooring, joist spacing and sealing materials can be used to achieve specific assigned STC ratings.
2. Structure-borne sound
Structure-borne sound is distinct from air-borne sound. While air-borne sounds travel through the air, structure-borne sounds generated by impact or mechanical equipment can transmit vibrations through building structures.
Impact noises occur when an object contacts a structural element. The impact force causes vibrations that propagate through the building materials and are heard as noise in adjacent areas. Footsteps and furniture movement on the floor are examples of impact noises.
Often, structure-borne noises are generated by mechanical equipment and systems, and are often felt or heard in adjacent places. Typical mechanical equipment leading to structure-borne sound transmission includes HVAC systems, elevators, garbage chutes, generators, industrial machinery, pumps and motors, commercial kitchens, and fitness equipment.
Various measures can be taken to mitigate structure-borne sound transmission from mechanical equipment, such as isolation, acoustic barriers, decoupling, soundproofing, and regular maintenance. Mitigating structure-borne sounds may require different approaches than those used for mitigating air-borne sounds.
Impact evaluation class (IEC)
IEC is a classification system that assesses the potential for structure-borne sound transmission in building elements, like floors and walls. This classification is particularly relevant in the context of sound insulation and acoustic design in buildings and to evaluate how well the building component or construction assembly can mitigate the transmission of impact sounds.
IEC comprises several categories, often denoted by letters (e.g., IIC, ICC, IBC). The exact categories and naming conventions may vary depending on the specific standards or guidelines used in a particular region. For example, the impact insulation class (IIC) is commonly used to measure floor-ceiling assemblies’ impact sound insulation performance. The IIC rating represents the ability of a floor-ceiling system to reduce the transmission of impact sounds from one floor to another.
Finally, when dealing with structure-borne sound transmission through building structures from physical impacts, the IEC classification system can be used to assess the ability of building elements to reduce the transmission of these impact sounds. The IEC classification aims to inform architects, builders, and occupants about how effectively a particular construction assembly can minimize the transmission of structure-borne noise within a building.
Building Code Requirements
Wood-frame buildings are susceptible to flanking path sound transmission whereby sound travels through openings or discontinuities such as the intersections of floors and walls, service outlets in walls, ducts, or anywhere smoke can travel. These flanking paths allow sound to effectively short-circuit the opaque sections of walls and floors.
In 2020, the Ontario Building Code (OBC) introduced requirements for buildings to achieve certain minimum Apparent Sound Transmission Class ratings (ASTC). This rating is a measure of on-site sound transmission, which accounts for flanking paths.
Before the requirements for ASTC ratings came into effect in 2020, the OBC contained requirements for STC ratings only. Therefore, buildings built before 2020 are more susceptible to flanking transmission. Notwithstanding the addition of ASTC requirements in 2020, structure-borne sound transmission remains unaddressed in the OBC at the time this article was written.
The 2020 OBC requires that assemblies meet the specified ratings for both STC and ASTC. The requirements for meeting ASTC ratings include on-site testing or meeting prescriptive requirements to address flanking transmission.
The requirements for STC rating include a minimum rating of 50 or greater between occupied compartments and corridors and a minimum STC rating of 55 between occupied compartments and elevators and garbage chutes. These requirements aim to ensure a reasonable level of sound insulation to promote occupant comfort and privacy.
Measuring Sound Transmission
Air-borne and structure-borne sound transmissions are measured using specific techniques and metrics to assess the level of noise or vibration in different situations. The results are then used to assess the effectiveness of individual materials, building assemblies, or other measures for reducing sound transmission.
Achieving a specific STC and ASTC rating involves careful design, construction practices, and appropriate materials. The designed ratings for a given assembly can vary depending on workmanship and the quality of materials used.
In some situations, the minimum requirements set out in building codes may not achieve the level of performance desired. In these cases, builders and architects should consult with an acoustic specialist to design building assemblies with improved sound transmission performance.
Mina Tesseris P. Eng., LEED AP, LCCI is a Senior Forensic Engineer/General Manager at Arbitech Inc. (mtesseris@arbitech.ca). Denis Gagnon, P. Eng., is a Senior Forensic Engineer at Arbitech Inc. (dgagnon@arbitech.ca).
