Section 24-220. Noise mitigation plan

(a) Each person, corporation or other
  business entity performing construction work in the city shall adopt and
  implement  a  noise  mitigation  plan  for  each  construction  site  in
  accordance  with  the  provisions  of  this  subchapter  and  such rules
  whenever any one or more  of  the  construction  devices  or  activities
  listed  above  or in the department's rules are employed or performed at
  the site.
    (b)  Such  plan  shall  be  adopted  prior  to  the  commencement   of
  construction  at the site or, with respect to emergency work, as defined
  in the department's rules, within three days thereafter, and shall apply
  to all work at the site throughout the construction  process.  The  plan
  shall  provide  in  detail  the  noise  mitigation  strategies, methods,
  procedures and technology, as prescribed in the rules of the  department
  or  specifically approved by the commissioner in accordance with section
  24-221 of this code, for each device or activity employed  or  performed
  at  the  site.  Each  permit  holder  or  other person in charge of such
  construction site will be accountable for compliance with such rules and
  shall ensure that each person performing construction work at  the  site
  shall  be  aware of the plan and shall be responsible for complying with
  those provisions that affect his or her work.
    (c) A copy of the plan shall be kept  at  the  construction  site  and
  shall  be  made  available  for  inspection  upon the request of persons
  authorized to enforce the provisions of this code.
    (d)  The  plan  shall  be  amended  whenever  additional  devices   or
  activities  unforeseen  at the commencement of construction are employed
  at the site or at the direction of the commissioner in  accordance  with
  section 24-223 of this subchapter.
    (e)  A plan need not be filed with or approved by the department prior
  to the commencement of construction if it conforms in  all  respects  to
  the  rules  of  the  department with respect to construction devices and
  activities employed or performed at the construction site. A  plan  that
  deviates  in  any  respect  from  such  rules  or  an  alternative noise
  mitigation plan required to be certified in  conjunction  with  a  undue
  hardship  application  pursuant  to  paragraph (5) of subdivision (e) of
  section  24-223  shall  be  subject  to  the  prior  approval   of   the
  commissioner in accordance with section 24-221 of this code.
    (f)  This  section  shall not apply to construction work in connection
  with the  alteration  or  repair  of  an  existing  one  or  two  family
  owner-occupied  dwelling  classified in occupancy group J-3 or a convent
  or rectory.