Noise that annoys

Residents in a condominium building next to National Bank of South Carolina in downtown Charleston say noise from the bank's air conditioning unit is so loud it keeps them up at night. And one fed-up resident filed a lawsuit, alleging the bank's chiller is a public nuisance.

Attorneys for the bank, meanwhile, unsuccessfully asked a judge to dismiss the lawsuit, arguing that people who live in cities "inherently suffer annoyance and inconvenience," and that the resident failed to consult a doctor about his disturbed sleep or use a sound machine or "any sort of white noise to stifle the sound."

The bank's noisy unit sits a few feet away from the condos at 85 Cumberland St. in the far corner of the bank's parking lot. The chiller's high-pitched drone can be heard throughout the neighborhood, including the cemeteries next to Circular Congregational and St. Philip's churches.

A recent Post and Courier Watchdog report on loud heating, ventilating and air conditioning systems determined that this unit generates a 75-decibel whine, a noise level roughly akin to a vacuum cleaner or twice as loud as a typical conversation.

David Bailey, a resident who lives in condominiums next to the bank, said in a lawsuit that he can hear the noise through his windows. "I don't sleep soundly as a result of it," he said in a deposition in connection with the legal complaint. "It's just constant ... it's like a barking dog, you know." Bailey alleged in the lawsuit that the unit has created an "unlawful nuisance."

Contacted by Watchdog, John Brand, branch manager of NBSC, said "we've been kind of hands-off on" the issue and have let the building's property manager handle the noise concerns. The bank leases the building from Buck Investments, which uses CB Richard Ellis Carmody as a property manager. Charles Carmody, managing partner, said that a contractor examined the chiller a year and a half ago and found it was working properly.

"We thought (the noise) issue had been resolved," he said.

The lawsuit suggests otherwise. In a deposition, the bank's lawyers grilled Bailey about whether he used earplugs, tried sleeping medication and consulted a doctor because of his sleeping problems.

Bailey answered that he hadn't tried medication, and that earplugs didn't help much and were uncomfortable. He said he didn't need to go to a doctor because he knew what was causing his sleeping issues -- the noise from the unit.

In October, the bank filed a motion asking a judge to dismiss the lawsuit, saying that people "living in organized communities inherently suffer annoyance and inconvenience from each other incident to city life." In its motion, the bank said the noise didn't rise to the level of a "nuisance."

The judge denied the bank's motion and ordered the case to proceed.

Tiarna Harman, the bank's attorney in Charleston, declined to comment on the case.

Bailey's lawyer, Ronnie Richter, also had no comment.

The noisy situation on Cumberland Street raises questions about the city's noise ordinance.

Unlike some municipalities, Charleston's noise ordinance doesn't have a specific decibel level that defines when a noise becomes an unlawful nuisance. That's not the case in Berkeley County, which has a new ordinance that prohibits noises louder than 65 decibels in residential areas at night.

Some courts have struck down municipalities' noise ordinances because they were too vague.

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According to acoustics experts, people's perceptions of sound double for every 10-decibel increase. Watchdog's 75-decibel measurement of the bank's unit would be roughly twice as loud as allowed under Berkeley County's ordinance.

Charleston County's ordinance prohibits noises louder than 75 decibels, which Roger M. Andrews, general manager of BRC Acoustics & Technology Consulting in Summerville, said is "almost ridiculously high."

He said Seattle and other communities in Washington State have set noise limits at 45 decibels in residential areas, adding that "they probably have taken it to the other extreme. But it does work. Some people grumble, but at the end of the day the noise levels in that city are low and nobody's going out of business because of it."

Researchers are finding that noise pollution isn't just an irritant. Last year, the International Commission on Biological Effects of Noise compiled studies showing that prolonged exposure to excessive noise can negatively affect the heart, blood pressure and sleep.

The group also cited studies showing that louder noises make people more aggressive.

In October, the World Health Organization reported that half of the urban areas in Europe endure noise pollution from road, rail and air traffic loud enough to disrupt sleep, impair learning and trigger hypertension. The study said that long-term average exposures to noise above 55 decibels can lead to elevated blood pressure and heart attacks.

Reach Tony Bartelme at 937-5554 or tbartelme@postandcourier.com.