D.C. Mun. Regs. tit. 20, r. 20-2808

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 20-2808 - LEAF BLOWERS
2808.1

Except as provided under § 2808.2, no person shall sell, offer for sale, or use, at any time, a leaf blower in the District of Columbia that has an average sound level exceeding seventy (70) dB(A) at a distance of fifty feet (50 ft.) from the leaf blower as measured in accordance with § 2808.5 of this section. A leaf blower shall not be used at nighttime, between the hours of 8:30 p.m. and 8:00 a.m. in the District of Columbia.

2808.2

Upon the effective date of the District of Columbia Noise Control Amendment Act of 1992 ("1992 Act"), a person who sells, at retail, a leaf blower in the District of Columbia that exceeds the maximum sound level established in § 2808.1 of this section must provide conspicuous notice to the consumer that the leaf blower may not be used in the District.

2808.3

A person who purchased a leaf blower prior to the effective date of the 1992 act, or who can demonstrate that the leaf blower was manufactured prior to the effective date of the 1992 Act, may use that leaf blower for the next five (5) years, even though its average sound level exceeds the standard established in § 2808.1 of this section, if its use is otherwise permitted by the Act.

2808.4

In addition to any other enforcement measure authorized under this act, the Mayor may inspect and, upon request, require a person to produce any leaf blower that is sold, offered for sale, or used, in order to determine compliance with this act. The Mayor shall use, to the extent possible, a manufacturer's written sound level representations, design and use specifications, and approximate manufacture date, as appropriate, as aids to determine compliance. A person who in good faith relies on a manufacturer's written sound level representation is not subject to penalties under § 13 for violation of the Act.

2808.5

Compliance with sound level requirements of this act shall be determined in accordance with a sound measurement testing standard for leaf blowers that has been deemed by the Mayor to be acceptable and adopted by regulation.

D.C. Mun. Regs. tit. 20, r. 20-2808

Section 2 of the District of Columbia Noise Control Amendment Act of 1992, D.C. Law 9-135, 39 DCR 4079 (June 12, 1992)