PITTSBURGH – Two Pittsburgh couples are suing a rehabilitation center over a commercial fan alleging it violates the city of Pittsburgh's noise control ordinance.
Robert and Shelia Molyneaux and Robert and Ellie Bernstein filed a suit Sept. 6 in the Allegheny Court of Common Pleas against Squirrel Hill PA Management LLC, Squirrel Hill Wellness and Rehabilitation Center and others seeking preliminary and permanent injunctive relief.
The plaintiffs reside at the Imperial House condominium complex and the Squirrel Hill Wellness and Rehabilitation Center is adjacent to it, the suit states. The plaintiffs allege the rehabilitation center has a commercial fan and ventilation unit on top of the building.
According to the suit, the fan is "clearly audible" from at least 75 feet away at a decibel level of more than 65 dB. The plaintiffs claim that even with their windows closed, the noise from the fan keeps them awake and is causing "endangerment" of their health and well-being including emotional stress.
"Whether running consistently or intermittently, the commercial fan and the noise emanating therefrom annoys and disturbs a reasonable person of normal sensitivities," the plaintiff's complaint states.
Despite sending written notices to the defendants explaining about the "invasive noise" caused by the fan's stopping and starting for 30 to 50 second intervals at a time at all hours of the day and night, the plaintiffs allege there has been no remedy.
The plaintiffs seek to preliminarily and permanently enjoin the defendants from operating the fan and an order requiring the defendants to install noise-dampening materials. They also seek punitive damages and litigation costs.
The plaintiffs are represented by John Richardson of Bernstein-Burkley PC in Pittsburgh.