Question: Can we serve a by-law breach for offensive, non-compliant noise from an industrial fan?
Answer: Don’t just rely on the by-law enforcement, but also on other authority enforcement.
You would enforce a breach of a by-law about noise and any other by-law you could include. Remember, when there’s a breach, sometimes you can include one or two by-laws on the notice, and then you can get a penalty per by-law rather than just one.
Also, look at engaging other authorities, such as councils. Find out where compliance isn’t met, and have other authorities step in to give you more weight and power.
Don’t just rely on the by-law enforcement, but also on other authority enforcement.
This post appears in the July 2023 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
Does the nuisance provision apply to nuisance from fan exhaust equipment that is strata company owned ion the roof which is common property? Would the strata company as a whole be in breach of this provision or the individual members of council for allowing the nuisance to continue once it has been brought to their attention?
Hi Kolio
This Q&A will assist:
Question: An air conditioning plant sits on the roof directly above our apartment and causes us concern from a low frequency fan noise. What can we do about the noisy exhaust fan?
For the past 15 years I have managed the building I have also lived in for the past 20 years. I occasionally get notified by residents of the top level of higher-than-usual fan exhaust fan noise being evident. When I investigate it is actually quite difficult to spot the offending fan as from the roof side these all make quite a lot of noise, even when operating perfectly normally. It’s only when you switch off fans while communicating with someone in the affected unit that you can identify which one it is. As soon as this is done, the fan motor in question is reconditioned by an old-style engineering shop (windings, bearings etc) and refitted, and the problem is eliminated. You DON’T want to install a new fan if possible as these are junk. Our 1982 vintage fan motors are only just starting to fail after 36 years, whereas the new motors made in some backyard operation in Vietnam or China last 7 years at best. Hang onto your old fans and get them reconditioned as they don’t build them like that anymore.
As to the question of complaints from people who don’t like the fan noise, even when the fans are proven to be operating as per spec and in perfect working order, and the way they where were when the building was commissioned, this is like people who move into close proximity of a busy international airport and then object to the aircraft noise and want the airport moved or changes made to the operating times to reduce the noise, or someone who moves in next to a long established amusement park and objects to the shrieks coming from people on the big dipper and want the park closed down.
In both the above cases the noisy facility was already in place, and operating within their approved noise envelope. The same applies to rooftop exhaust fans. Provided they’re working as they were when first installed, and were approved, and properly maintained so they operate as normal, there is no case to embark on costly alterations to satisfy the delicate requirements of a top-floor dweller with noise phobia.
A man (unknowingly) suffering from acousticophobia moved in on the top floor of the building I manage and immediately began complaining of the fan noise. I had the fan replaced, but that wasn’t enough! He when objected to the noise of rushing air at the ceiling vent grill that occurs when you have an exhaust fan operating in a bathroom or laundry. You can change fan motors but not the laws of physics, so despite my best efforts, the man eventually conceded defeat and moved, and his long suffering wife, to somewhere else. I think people like this guy really should consider moving to the country far away from any man-made noises, or cows!
In this particular case, it was an old building that had had many modifications and there were no ‘as built’ or design drawings. So by carrying out the air flow pre-reads we then built the data base regarding which riser was serving which apartment including how many bathrooms, en-suites and laundry’s. Using that data and applying AS 1668.2, we then selected the correct fans fit for purpose and restored the ventilation to comply with standards.
Hi Tracey,
Would you be able to point me to some of the companies that install EC fans on apartment buildings?
Thank you
Just wondering how this is going to provide BCA F4 AS1668.2 conformance pertaining to the necessity of minimum 25L/s for all toilets and laundry exhausts as well as kitchen exhaust.
There is a reason why these systems are balanced to reflect design air quantities.