Making Noise: What To Do When Corporations Turn a Deaf Ear
by C. L. Cook
 I live in an old building, beside the Royal Jubilee hospital, in the City of Victoria. My south-facing windows offer a million dollar view of the Olympic Mountain Range's "purple majesty" and the leafy, if not bucolic, lowland border of the City and its staid neighbour, Oak Bay.
The building itself is populated by a mixture of locals, old and young, various international students, and first generation migrants.
It's a quiet place to live for the most, though the walls be a little thin.
Below, beyond the edge of the parking lot, are a half-dozen houses, running a hundred meters or so parallel to the apartment. From my window, I can assess the condition of all their roofs, and follow the progress of the varied landscaping endeavors of their inhabitants.
Above the treeline, the sparrows, robins, crows, gulls, raptors, (and swallows in all of my years here past but this one) hunt, nest, and lark about. Often too, during the summer months, turkey vultures can be seen high above, lazily turning wide circles, catching the thermals rising from the roof and parking lot of my other neighbour, Safeway, Canada.
Having the Safeway next door is convenient; they're open late, seven days a week, very nearly 365 days a year. But, running later, and all of the days of the year, is the A/C, refrigeration, ventilation, and exhaust fans and blowers.
[UPDATED below]
A Baffling Reluctance
Industrial-sized, and looking a little worse for their many seasons
in the sun, the Safeway people do keep them maintained; and, when one
of the units goes out of kilter, a call to the operations people at the
store is usually all it takes to have repairs made directly.
It was just such an occasion a couple months back that began the
series of events culminating, for now, on the page you're reading.
The clatter of what I presumed was a fan blade striking its housing brought me to the window. It wasn't the first time, and as I had done before, I dialed up the Safeway to let them know they had a problem on the roof. It was a little after office hours, and the girl I spoke to said the maintenance guy had gone home, and any repairs would have to wait until tomorrow.
The overall, regular noise coming from the fans had bothered me for a while; in the colder, and winter months, when windows are more usually closed, you notice it less; but now, with spring breaking into summer, I wondered if this wasn't a good time to broach the subject of remediation of the ever emanating white noise next door.
She seemed uncertain as to what could be done, but did offer an astonishing observation. She recommended I go through a formal complaint process, because, and I'll paraphrase, "Corporate doesn't deal with people, just officials." I thought this an amazing admission, and said; "You want me to call City Hall, and lodge a noise complaint with the by-law people!?" My tone worried her, I suppose. She back-pedaled, advising I call the manager the next day.
I took her advice on both counts. The next day, I called City Hall, and gave the details to its By-law Enforcement office. They told me they would send someone along, and let me know. I phoned the manager too, but schedule conflicts delayed our conversation by some two weeks. In that time, I heard back from the city.
Hard of Hearing
By-law Enforcement officer, Andrew Dolan sent this e-mail message along:
"I attended the parking lot of your building this morning in order to investigate your noise complaint. The roof-top fan unit was in operation as usual, however, no unusual noise was detected. Further, the volume of noise was not in violation. Unfortunately, I am not able to assist you in this matter."
Andrew Dolan
Senior Bylaw Officer
Bylaw & Licensing Services Division
Legislative & Regulatory Services Department
City of Victoria
I replied:
"thanks for looking into it, Andrew; of course it is a 24 hour operating fan. Did you take decibel measurements, and are not the standards different after 11 pm?"
Andrew responded:
"Chris, I didn't take a day-time reading as it would not be that accurate given the level of ambient noise in the background (traffic, etc.). From past experience, however, I can assure you that the current level does not exceed the permitted levels.
Your residence is located in the 'Quiet District' and the Safeway is located in the 'Intermediate District' as detailed in the City's Noise Bylaw. The daytime maximum is 60 dBA (decibels) which drops to a nighttime (after 10pm) maximum of 50 dBA.
Had I felt a noise level reading was warranted it would have to be taken from the point of reception (inside your residence with the windows closed). Even in an older building like yours the level of noise heard today (even with traffic) would not measure in violation.
The fan will always sound louder at night as there is less ambient noise. The reality is, however, that it only sounds louder but is actually the same noise level it is during the day. Unfortunately, I can be of no further assistance in this matter."
Andrew Dolan, Senior Bylaw Officer
While happily informed of my location in the "Quiet District," it seemed the City was to do nothing about my "intermediately" noisy neighbour.
Roger and Me
 When store manager, "Roger" and me finally did connect, he was entirely put out, angrily demanding the name of the woman who'd previously recommended I go through the City. I said I didn't remember, and brought him up to speed with my experience with Andrew and City Hall. This seemed to mollify him somewhat.
While not denying what the anonymous employee had, rashly it seemed now, told me about corporate policy, he wanted to give me the impression that Safeway, Canada was a good and caring neighbour.
I asked if it would be possible for Safeway to muffle the fans; perhaps with some padded fencing, or some such? I thought it would be a small enough thing to do, and a great proof of the neigbourliness Roger assured me was his company's intent.
I suggested, given the number of Safeway stores, there must be some precedent where noise remediation was necessary, and perhaps the solution too had precedent.
He seemed skeptical, but said he would check with the chain's technical people and get back to me.
We talked for more than twenty minutes; he insisted Safeway had done a lot to make sure they didn't bother the neighbours. For example, semi-truck loading hours were restricted, and signs placed so trucks would not be left idling while they waited to load. He sounded disappointed I hadn't appreciated these past efforts, assuring me, the store had received no more than a couple noise complaints in his time as manager.
When I thought he was not going to be moved to action, I mentioned my determination that something be done, even if it meant petitioning the neighbourhood, and/or going to the press. He said that sounded like a threat. Not a threat, I assured, merely a process.
What To Do?
A few more weeks passed, and just when I thought Roger had forgotten me, I received a phone message. The upshot: Roger had talked to their maintenance adviser for the province of British Columbia, who, he said, felt there was nothing they could do to make the fans quieter.
He advised me I was welcome to take the matter up further with the City, saying; "[W]e have done our part to make sure we're compliant..."
You can hear the full message here. So, to recap Roger: There's nothing Safeway can do; we believe we are compliant, so doing nothing is enough; good luck to you, and adieu.
The Heart of Safeway
I checked out Safeway on the internet. Their corporate page is a little thin, but does contain a "community" page. There, I learned Safeway has a heart, and that heart beats for: * people * products * community * planet. It sounded promising; I could count myself in on three out of four, and as an actual resident of the planet my whole life, I could maybe even go four for four!
They continue:
"Safeway and our 29,000 Canadian employees share a passion for supporting the people and communities that we share. We buy Canadian, demonstrate environmental leadership and donate $24 million annually in charitable contributions."
They're also a Fortune 100 company, traded on the New York Stock Exchange, and boast annual sales of more than $41 billion. And, on their 'About' page I discovered more about Safeway's dedication to animal welfare, seafood sustainability, and their efforts to lessen their carbon footprint through recycling plastic bags for lawn furniture and plastic decking, composting at some of their many stores, and their membership in the "sustainability consortium," that presumably does for grassroots environmentalist organizations what supermarkets did for the corner grocer.
The corporate line all looked very hopeful. Perhaps dealing with the locals, as well meaning as they were, was not the way to go; maybe I should take my issue to the top, and talk to headquarters.
Dear Safeway; I've been having some trouble with your Fort and Foul Bay branch here in lovely Victoria, British Columbia. Your policy statement, to wit: "Caring for the community is an integral part of Safeway - it's truly what lies in the heart of our company..." gives me great confidence we can work together to solve this to our mutual advantage. Please find below a brief synopsis of the issue.
Sincerely,
Your neighbour
Chris Cook
September 6, 2011
Deus ex Machina
Well, Safeway was prompt replying, almost machine-like in their efficiency in fact. Here's what they had to say in response to my letter:
"Mr. Cook
Thank you for your recent correspondence regarding the unsatisfactory experience you encountered with the level of service you received from Store Management. We appreciate you taking the time and effort to notify us of your concerns.
We sincerely apologize for the inconvenience you may have experienced. At Safeway, we strive for world class customer service and a positive shopping environment. We have escalated your concerns to the Store Manager and District Manager for further review on this matter.
Mr. Cook, should you require further assistance, you may reply to this email or phone us at 1-877-723-3929 and reference Contact ID 1940****. One of our associates will be happy to assist you.
Thank you for shopping at Safeway.
Sincerely, Safeway Customer Service Team"
Heartening. While awaiting the Store and District Managers' further review, I think the next step is to draw up a petition. The Neighbourhood Association's annual picnic is coming up, and perhaps I'll find Safeway has tested the patience of some of their other neighbours.
Unsure how to launch a petition program, I checked with one of the City's councilors to get a feel for the reaction to my actions so far. I've know Philippe Lucas on and off for about a decade. While not friends, I've interviewed him on various issues and know him to be a straight-shooting type of guy. I sent him along the link to this piece, asking his advice.
Here's that exchange:
Greetings again, Philippe; I'm curious to know your opinion on a
little issue. I've written an article on it, (linked below) and would
appreciate your insight.
cheers
chris
Hi Chris, Sounds really annoying, but it does sound like this slow bureaucratic corporate process is working its way to a solution; unfortunate that you've had to jump through so many hoops, however.
Best regards,
Philippe
At this point, I've jumped through Safeway's local, regional, and corporate headquarters hoops; I've gone to the City too, and still no action. This weekend is the annual Neighbourhood Association get-together, I'll take it to my neighbours to see what they have to say.
Here's the petition I'll take to them:
Public Petition to the City of Victoria Mayor and Council re:
Safeway's Noisome Operation at Fort and Foul Bay
Having exhausted all means of redress with the company regarding the constant noise of its roof-mounted refrigeration and A/C fans and blowers, the undersigned petition City of Victoria mayor and council change the Noise Bylaw designation of the Fort and Foul Bay Ave. branch of Safeway Canada from its current "Intermediate District" status to "Quiet District" to be in accord with its neighbours. The undersigned further request mayor and council instruct Safeway to bring its operation into compliance with that designation.
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