Highways Noise Immission Protection Regulation Bstlärmiv

Original Language Title: Bundesstraßen-Lärmimmissionsschutzverordnung - BStLärmIV

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995246/bundesstraen-lrmimmissionsschutzverordnung---bstlrmiv.html

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215. Regulation of the Federal Minister for transport, innovation and technology on noise pollution measures in the area of federal highways (bundesstraßen noise immission protection regulation BStLärmIV)

On the basis of section 7 paragraph 2 of the Federal Highway Act of 1971, BGBl. No. 286, last amended by Federal Law Gazette I no. 96/2013, is prescribed:

1 section

General terms and conditions

Scope of application

§ 1. This regulation applies to operational and construction-related noise emissions from federal highway projects, which according to § 4 section 1 or Section 4a of the Federal Highway Act of 1971 (BStG 1971), BGBl. No. 286, amended, or under the provisions of the environmental compatibility verification Act 2000 (EIA G 2000), Federal Law Gazette No. 697/1993, in its up-to-date version, are approved.

Definitions

§ 2. For the purposes of this regulation



1 "Neighbors" persons within the meaning of Section 7a para 2 of the Biersteuergesetz 1971 as amended by Federal Law Gazette I no. 96/2013 and in case of EIA requiring projects that in the sense of § 19 para 1 Z 1 EIA-G 2000 as amended by Federal Law Gazette I no. 14/2014, 2. "lounges" those spaces, that the prolonged stay of people intended for, 3. "working days" weekdays from Monday to Friday , 4. "Rule months" months after the construction schedule without Association to any given calendar month, and without taking into account of specific holidays. A rule has 20 business days.

Noise indicators

§ 3 (1) for the operational sound apply the Tag‐Abend‐Nacht‐Lärmindex paintings and the night-time noise indicator Lnight as defined in annex 1 of Directive 2002/49/EC on the assessment and management of environmental noise, OJ No. L 189 of the 18.07.2002 S. 12.

(2) for the construction-related noise below noise indicators:



1 LR, construction, day, W: on weekdays over the period the day a rule monthly energy averaged noise rating of construction noise;

2. LR, evening, W: on weekdays over the period tonight a rule monthly energy averaged noise rating of construction noise;

3. LR, construction, day, SA: the occurring day on a Saturday during the assessment level of construction noise;

4. LR, evening, SA: the occurring evening on a Saturday during the assessment level of construction noise;

5. LR, construction, day, so: the assessment level occurring day on a Sunday during the period of construction noise;

6 LR, evening, so: the assessment level occurring evening on a Sunday during the period of construction noise;

7 LR, night: the occurring night during the assessment level of construction noise.

Basis for the construction-related noise is the A‐bewertete energy-equivalent continuous sound level LAeq pursuant to section 3.1 of the ÖNORM ISO 9613‐2: 2008‐07‐01.

(3) following periods apply for the calculation of noise indicators referred to in paragraphs 1 and 2:



1 day: 06:00 19:00, 2nd night: 19:00 22:00 and 3rd night: 22:00 06:00.

(4) in the mentioned in paragraph 2 and article 11, paragraph 1 ÖNORM ISO 9613‐2: 2008‐07‐01 may be http://ibr.austrian-standards.at free of charge access via the portal.

Decisive Immissions site

§ 4. Neighbors on the facade at the height of the respective floors of the object is the decisive Immissions site for the calculation of noise indicators referred to in article 3, paragraph 1 and 2. The Immissions site is also relevant for the assessment of the effects of noise and the identification of required at most roadside or object-side noise protection measures.

Assessment scale

§ 5. The health risk and the unacceptable disturbance are to assess how the noise Immissions affect a healthy, normal empfindendes child and a healthy, normal sentient adults.

2. section

Rules for the operational sound

Limit values

§ 6 (1) for project-related emission increases from road transport allowed project-related, outbound traffic on the Federal rhinestone discharge race Immissions entry is limited in neighbours as follows to reach an emission limit value in accordance with paragraph 2:



Lden





=





55.0 dB







Lnight





=





45.0 dB





(2) the following emission limit values apply for the assessment of undue harassment by neighbors by road traffic noise:



Lden





=





60.0 dB







Lnight





=





50.0 dB





Emissions from road transport are deemed to be reasonable, even if the project-related emission increases are related to the pollution in the Nullplanfall, irrelevant. In the area of 60.0 dB < Lden ≤ 65.0 dB as well as in the area of 50.0 dB < Lnight ≤ 55.0 dB projects-related emission increases by up to 1.0 dB are irrelevant.

(3) the following emission limit values apply for the assessment of health risk to neighbors by road traffic noise:



Lden





=





65.0 dB







Lnight





=





55.0 dB





Exceeding these Immissions limit values, project-related emission increases from road transport in the individual case must be assessed. Project-related emission increases by more than 1.0 dB, based on the pollution in the Nullplanfall, are in any case inadmissible.

(4) paragraphs 1 to 3 do not apply for employees of neighboring businesses and owners of facilities, where regular people temporarily staying, with regard to the protection of these persons, the permissible project-related emissions entry and the Immissions limit values in individual cases are set for them.

(5) Vorhabensbedingte immission erhoehungen, which arise from the operation of other issuers of sound than the street, are to calculate and to assess in each individual case.

Discovery and assessment

The noise emissions and ambient noise levels are § 7 (1) to calculate relevant prior of art, and for road traffic noise in determining the emission point 4.1 (authoritative traffic strengths) of the RVS 04.02.11 noise, as of 1 March 2006, and point 5.1 (emission sound level) of the RVS 04.02.11, as of March 31, 2009, are to apply (annex).

(2) for the assessment of noise nuisances caused by the operation of the Federal Highway project, the State at the forecast time without the project (Nullplanfall) and the State changed the project at the forecast time (Vorhabensplanfall) are to be used.

Roadside measures

Section 8 (1) for noise pollution, starting is the required to comply with the permissible project-related emission entry and the Immissions limit values in accordance with § 6 noise for neighbors, with the exception of workers of neighboring farms within the meaning of § 6 para 4, mainly using roadside (active) noise protection measures to ensure traffic on Federal rhinestone discharge race. Roadside measures are considered to be particularly noise barriers, noise protection wall, embedding in the incision and a combination of these.

(2) section 1 does not apply to objects or parts of the object, whose stock, new,- or conversion at the time of issue of the permit is not permitted.

Object-side measures

§ 9 (1) if in noise pollution, starting from the traffic on the Federal rhinestone discharge race, active noise protection measures to comply with the permissible project-related ambient air entry and the Immissions limit values in accordance with § 6 are not technically possible or feasible in terms of the purpose of the recoverable only under a disproportionate economic effort, the protection for premises by means of object-side measures is allowed in addition to or instead of active noise protection measures.

(2) neighbors, except those referred to in section 6 (4), at project-related noise increases, starting from the traffic on the Federal rhinestone discharge race, the permissible project-related emissions entry for Lnight exceeded pursuant to § 6 paragraph 1 and roadside measures must be taken, not they are eligible for the installation of sound insulation fans in lounges on the affected facades without changing existing window.

(3) when neighbors, except those referred to in section 6 (4), in relevant project-related noise increases the exposure limit value for Lden exceeded pursuant to section 6 para 2 and roadside measures must be taken, not they are entitled to the replacement of existing Windows and doors against sound-insulating Windows and doors in common areas on the affected facade as far as existing Windows and doors provide insufficient protection. Neighbors, except those referred to in section 6 (4), in relevant project-related noise increases the exposure limit value of Lnight exceeded pursuant to section 6 para 2 and roadside measures must be taken, not they are entitled to the installation of sound insulation fans and the replacement of existing Windows and doors against sound-insulating Windows and doors in common areas on the affected facades as far as existing Windows and doors provide insufficient protection.

(4) is exceeded when neighbors pursuant to section 6 para 4 the permissible project-related emission entry set out in each individual case or one of the Immissions limit values laid down in the case and are roadside not to take action, they are entitled to object-side measures in common areas on the affected facades, as far as existing Windows and doors provide insufficient protection.


(5) in the field of access routes in the subordinate road network, as well as in the case of article 6, paragraph 5, it is permissible to make sure the noise protection solely by object-side measures.

3. section

Regulations for the construction-related noise

Thresholds and limits

If the assessment level of construction noise not exceed threshold values, the noise Immissions are § 10 (1) in any case permitted:



LR, day, W





=





55.0 dB







LR, evening, W





=





50.0 dB







LR, day, SA





=





55.0 dB







LR, evening, SA





=





50.0 dB







LR, construction, day, so





=





55.0 dB







LR, evening, so





=





50.0 dB







LR, night





=





45.0 dB





 

(2) Baubedingte sound immissionen are also allowed, as long as the limits referred to in paragraph 4, if the assessment level of construction noise does not exceed the thresholds set out in the table below in relation to the use of the area.

 





Area use





Threshold values in dB







Day





Evening





Night







Mixed areas such as offices, shops, commercial buildings without major disruptive noise, apartments, hospitals and area for companies without noise





LR, day, W ≤ 60.0





LR, evening, W ≤ 55.0





LR, night ≤ 50.0







LR, day, SA ≤ 60.0





LR, SA, evening 55,0 ≤







LR, construction, day, so ≤ 55.0





LR, evening, so ≤ 55.0







Area for companies with commercial and industrial Gütererzeugungs and service facilities





LR, day, W ≤ 65.0





LR, evening, W ≤ 60.0





LR, night ≤ 55.0







LR, day, SA ≤ 60.0





LR, SA, evening 55,0 ≤







LR, construction, day, so ≤ 55.0





LR, evening, so ≤ 55.0





 

(3) Baubedingte sound immissionen are, as long as the limits referred to in paragraph 4 are respected, also also allowed the assessment level of construction noise does not exceed the ambient noise level as a threshold value.

(4) to assess the health hazard following limits apply to the assessment level of construction noise:

 





 





Day





Evening





Night







Working day





LR, day, W ≤ 67.0 dB





LR, evening, W ≤ 60.0 dB





LR, night ≤ 55.0 dB







Saturday





LR, day, SA ≤ 60.0 dB





LR, evening, SA ≤ 55.0 dB







Sunday





LR, construction, day, so ≤ 55.0 dB





LR, evening, so ≤ 55.0 dB





 



If these limits are exceeded, the construction noise in individual cases is to assess.

(5) paragraphs 1 to 4 do not apply for the workers of neighboring farms and the owners of facilities, where regular people temporarily staying, with regard to the protection of these persons, the permissible construction noise in the case is set for them.

(6) if the emissions from the construction traffic in public transport do not exceed the given traffic noise emissions in the public transport network and the construction-related traffic noise emissions do not exceed the limits laid down in paragraph 4, they are certainly valid.

(7) holidays are to be judged like Sundays.

Discovery and assessment

§ 11 (1) the assessment level pursuant to § 3 para 2 are 9613-2:2008 07-01 to ÖNORM ISO to calculate and reaction times of individual construction operations and traffic figures for the site traffic are the determination of the level of assessment to be based.

(2) in determining the level of assessment pursuant to § 3 para 2, the noise pollution of construction noise are generally with a customization value of + 5.0 dB to provide. This does not apply however for the site traffic, it is comparable with the traffic noise from public roads.

(3) the construction-related emissions no longer than one month per year, exceed on weekdays on the day the threshold values pursuant to § 10 para 1 so the assessment level LR, day, W 3.0 DB must be reduced. Will threshold values applied the assessment in accordance with section 10, paragraph 2 or 3, sentence 1 from exceeding these thresholds shall apply.

Mitigation measures

§ 12. Exceeded a threshold in accordance with section 10, paragraph 1, construction-related noise emissions are also reasonable, if mitigation measures are checked, and insofar as these are connected in regard to the achievable aim not at disproportionate cost, actually implemented. To the mitigation measures, the use of low-noise appliances, machinery and construction methods, building-side (active) noise protection measures, local and temporal optimization include the construction sequence, Lärmmonitoring, public relations depending on the requirement. Will thresholds applied the assessment in accordance with section 10, paragraph 2 or 3, sentences 1 and 2 from exceeding these thresholds shall apply.

Object-side measures

13. (1) exceeds the assessment level despite proportionate mitigation measures in accordance with article 12



1 the limits for the day or night in accordance with § 10 section 4 or 5, entitled the neighbors on the replacement of existing Windows and doors against sound-insulating Windows and doors in common areas on the affected facade, as far as existing Windows and doors provide inadequate protection;

2. the limit values for the night in accordance with § 10 section 4 or 5, are eligible for the installation of sound insulation fans and the replacement of existing Windows and doors against sound-insulating Windows and doors in common areas on the affected facade neighbors, as far as existing Windows and doors provide insufficient protection.

(2) the respective assessment levels exceed the limit values in accordance with section 10 (4), the Federal Highway Administration can offer not loaded lounges through the duration of that period neighbors, as an alternative to the object-side measures, noise, which has led to the limit exceeded pursuant to § 10 para 4. The neighbor agrees to this offer, the claims become void on object-side measures. This also applies to neighbors according to § 10 para 5.

4 section

Common provisions for operational and construction-related noise

Implementation of object-side measures

§ 14. The quality requirements for noise protection measures in accordance with article 9 and article 13, and the areas in which these actions to take are to set are in the permit notification. The authority of the Federal Highway Administration in the permit notification can apply to the further concretization of measures, to carry out detailed investigations. The cost of object-side measures are to be borne by the Federal Highway Administration. If at the time of issue of the decision granting stock, new, and modification of the object or object part is not allowed, no entitlement to object-side noise protection.

Linguistic equal treatment

§ 15. So far as the terms used in this regulation relate to natural persons, the selected form applies to both sexes. In the application of these terms to certain natural persons the respective gender-specific form is to use.

Transitional provisions

Section 16 (1) federal highway projects that were submitted before the entry into force of this regulation to the authority for approval, is allowed to use other adjustment values corresponding to the State of the art instead of the adjustment value according to § 11 para. 2.

(2) on federal highway projects, which were filed before entry into force of this regulation to the authority for approval and are subject to any EIA-obligation, the 3rd section is not applicable.

Bures