As used in this chapter, the following terms shall have the
meanings indicated:
ENGINEER
A professional engineer licensed to practice in the State
of New York.
REGULATED VIBRATION
A vibration that meets or exceeds the vibration perception
threshold at any point along any property line of the real property
whereat the vibration is being created.
VIBRATION PERCEPTION THRESHOLD
The minimum ground- or structure-borne vibrational motion
necessary to cause a person of normal and reasonable sensitivity to
be aware of the vibration by such direct means as, but not limited
to, sensation by touch or visual observation of moving objects. It
shall be an affirmative defense in any prosecution of a violation
of this chapter that the person aware of the vibration was not a person
of normal and reasonable sensitivity.
Within 10 business days following the last date upon which the
regulated vibrations were permitted under the vibration permit, the
owner shall file with the Building Inspector a certification by the
owner's engineer certifying that such engineer was personally
present during the creation of all regulated vibrations and that at
no time did any of such regulated vibrations violate the conditions
of the vibration permit or any other provisions of this chapter, together
with the report and recording of the independent testing laboratory
that was monitoring the regulated vibrations.
A violation of this chapter shall be subject to the penalties provided in Chapter
116.