Berkeley, CA Noise from Specific Sources: HVAC & Mechanical Noise (2026)
Key Facts
- Covered equipment
- AC units, compressors, pumps, fans
- Standard
- Enclosed/muffled to avoid Noise Disturbance
- Residential exterior limit, nighttime
- 45-55 dBA depending on zone
- Enforcing agency
- Environmental Health Division / NCO
- Complaint trigger
- 1 non-anonymous complaint (2 commercial)
Summary
Air conditioners, compressors, and pumps in Berkeley must be enclosed or muffled enough to avoid a noise disturbance under the code's exterior and interior sound limits. The Environmental Health Division treats these units as 'fixed noise sources' subject to the same zone-based dBA tables as any other stationary equipment.
13.40.020.M. "Fixed noise source" means a stationary device which creates sounds while fixed or motionless, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. ... 13.40.070.B.11(b) Any motor, machinery, pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a Noise Disturbance in accordance with Section 13.40.050 or 13.40.060.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
Berkeley Municipal Code Section 13.40.020(M) defines a 'fixed noise source' as a stationary device that creates sound while fixed or motionless, expressly including machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. Section 13.40.070(B)(11)(b) then makes it a prohibited act for any motor, machinery, or pump, such as swimming pool equipment, to run without being sufficiently enclosed or muffled and maintained so it does not create a Noise Disturbance under Sections 13.40.050 or 13.40.060. Those sections cap exterior sound crossing a residential property line at 45 dBA overnight/55 dBA daytime in R-1/R-2 zones, 55/60 dBA in R-3-and-above zones, and 60/65 dBA in commercial zones, each measured on a sliding minutes-per-hour schedule.
A rooftop or side-yard condenser running continuously that pushes neighboring interior sound above 40 dBA overnight under the interior standard in Section 13.40.060 is independently actionable. A violation under this catchall requires both an NCO warning and a follow-up sound measurement under Sections 13.40.030(C) and 13.40.040 before it becomes chargeable, per the procedure table in Section 13.40.070. The EHD may grant a case-by-case exception under Section 13.40.080(D) where enclosure retrofits are not economically or technically feasible, appealable to the City Manager within 30 days.
Violations & Fines
Enforcement of this equipment catchall follows the standard two-step process: an NCO warning under Section 13.40.030(C), then a measurement under Section 13.40.040, before a citation issues. Under Section 13.40.030(B), a violation of Chapter 13.40 may be charged as a misdemeanor or infraction under BMC Chapter 1.20, and is separately declared a public nuisance abatable under Sections 11.40.010 through 11.44.030.
Frequently Asked Questions
Is a noisy AC condenser regulated in Berkeley?
What decibel level triggers action against an AC unit?
Can a homeowner get an exception for an old unenclosed unit?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California noise from specific sources overview
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