Question: Is there a state agency that’s responsible for noise issues? My parents live behind a restaurant that has an exhaust fan that is making a lot of noise. It’s running about 12 hours a day, so it’s very annoying to my parents and my brother. I don’t think this is a police issue because it’s not like a bunch of kids are playing loud music late at night or anything like that, so I was wondering if there is a state agency that I could contact to get this issue resolved. We have gone over to the restaurant and talked to them, and they basically just laughed in our face.
Answer: Yes. The Noise Section of the state Department of Health’s Indoor and Radiological Health Branch handles complaints such as this. Call 586-4700 on Oahu to begin the complaint process. An inspector may be dispatched to determine whether the sound violates noise standards.
Hawaii state law (Chapter 342F) and Hawaii Administrative rules (Title 11, Chapter 46, “Community Noise Control”) recognize excessive noise as a public health issue, ranking noise pollution — like air and water pollution — as a threat to public health and welfare on Oahu.
The Noise Section provides links to the statute and other information at health.hawaii.gov/irhb/noise. The noise you describe would fall in the “industry” or “stationary equipment” categories.
Excessive noise from stationary equipment such as an exhaust fan could be due to improper maintenance and might be resolved with repairs, according to the DOH’s reference manual. But since you have already contacted the restaurant and been rebuffed, the appropriate next step is to call the Noise Section and lodge a complaint, according to the manual.
Q: What can I do or who can I call about real-estate signs on public sidewalks that promote open houses? For the second time this month, I had to get off my bike and move an open-house sign that was blocking a sidewalk in Kaimuki so my kids could continue to ride their bikes on the sidewalk. Why do the real-estate people get a pass for blocking public access? Can I advertise my business for half a day a week throughout the city on a public sidewalk? Where does the Outdoor Circle stand on this issue? Would HPD issue a fine?
A: These signs are never supposed to be on city sidewalks or the city right of way; they are allowed on private property only. Report violations to the city’s Department of Planning and Permitting.
“If people see these signs on public sidewalks, they should provide the Department of Planning and Permitting with as much information as possible, such as the name of the agency, and we will contact the company and issue a warning. A photograph of the sign, date it was taken and location, also would help,” said Art Challacombe, DPP deputy director. “If our inspectors find an illegal sign, we will issue a notice of violation to the company. If the sign is not removed, we will send a work order to the Department of Facility Maintenance, which will remove the sign and bill the owner for the work.”
You didn’t mention the Realtor involved, so Kokua Line contacted the Honolulu Board of Realtors, a trade organization representing Oahu’s real-estate industry, for a general response.
“The Honolulu Board of Realtors takes such incidents very seriously, as the safety of our communities and the well-being of the public — particularly our keiki — are paramount to our Realtors. HBR, together with Realtor offices across Oahu, has pledged to remind Realtors through various communication channels to be considerate of neighbors when helping to sell a home by ensuring that their signs do not block sidewalks, as signs in improper locations are considered litter,” said Scott Kim, an account executive at Becker Communications Inc., speaking on behalf of the group.
Kim also mentioned that complaints should be directed to DPP.
The Outdoor Circle maintains a visual guide to sign laws on its website, a handy resource that includes the rules for open-house signs (which must be located on private property, and limited in size and number). You can see the full guide at outdoorcircle.org/signage.html.
As for riding bicycles on the sidewalk, that generally is allowed in residential areas but not in business districts. You were riding in a residential area of Kaimuki.
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; fax 529-4750; or email kokualine@staradvertiser.com.