215. Regulation of the Federal Minister for Transport, Innovation and Technology on noise emission protection measures in the area of federal roads (Bundesstraßen-noise emission protection ordinance-BStnoise IV)

On the basis of Section 7 (2) of the Federal Criminal Law 1971, BGBl. No 286, as last amended by the Federal Law BGBl. I No 96/2013, shall be arranged:

Section 1

General provisions

Scope

§ 1. This regulation applies to operating and construction-related switching emissions from federal road projects, which are subject to § 4 (1) or § 4a of the Bundesstraßengesetz 1971 (BStG 1971), BGBl. No 286, as amended, or in accordance with the provisions of the Environmental Impact Assessment Act 2000 (UVP-G 2000), Federal Law Gazette (BGBl). No 697/1993, as amended.

Definitions

§ 2. For the purposes of this Regulation:

1.		"Neighbours" persons within the meaning of Section 7a (2) BStG 1971 in the version of the Federal Law BGBl. I n ° 96/2013 and, in the case of EIA-subject-related projects, those within the meaning of Section 19 (1) (1) of the UVP-G 2000 in the version of the Federal Law BGBl (Federal Law Gazette). I No 14/2014,
2.		"recreation rooms" means those rooms which are intended for the longer stay of persons,
3.		"working days" weekdays from Monday to Friday,
4.		"Rule month" months after the scheduled construction schedule without allocation to a given calendar month and without taking into account specific holidays. A regular month has 20 working days.

Noise Dices

§ 3. (1) For the operational sound, the day-evening-night-noise shall apply. the and the night noise indicator L Night , as defined in Annex 1 to Directive 2002/49/EC on the assessment and control of environmental noise, OJ L 80, 23.3.2002, p. No. OJ L 189 of 18.07.2002 p. 12.

(2) The following noise indices shall apply to the construction-related sound:

1.		L r, Construction, Day, W : the energy-averaged assessment level of construction noise over the working days over the period of the day over a regular month;
2.		L r, construction, evening, W : the energy-related assessment level of construction noise over the working days over the period of the evening over a regular month;
3.		L r, Construction, Day, Sa : the noise level of the building noise occurring on a Saturday in the day-to-day period;
4.		L r, construction, evening, Sa : the level of assessment of construction noise occurring on a Saturday in the evening;
5.		L r, Construction, Day, So : the level of assessment of construction noise occurring on a Sunday in the day-to-day period;
6.		L r, Construction, Evening, So : the level of assessment of construction noise occurring on a Sunday in the evening;
7.		L r, construction, night : the noise assessment level of the noise during the period of the night.
Basis for the construction-related sound is the A-weighted energy-equivalent continuous sound level L Aeq pursuant to point 3.1 of the ÖNORM ISO 9613-2:2008-07-01.

(3) For the calculation of the noise indices referred to in paragraphs 1 and 2, the following periods shall apply:

1.		Day: 06:00-19:00,
2.		Evening: 19:00-22:00 and
3.		Night: 22:00-06:00.

(4) ÖNORM ISO 9613-2:2008-07-01 referred to in paragraph 2 and section 11 (1) can be used free of charge via the http://ibr.austrian-standards.at portal.

Authoritative Immission

§ 4. The relevant immission location for the calculation of the noise indices in accordance with § 3 (1) and (2) shall be located in the case of neighbours on the facade at the level of the respective floors of the object. This immission location is also relevant for the assessment of the noise effects and the identification of any necessary roadside or object-side noise protection measures.

Assessment Scale

§ 5. The health risk and the unreasonable annoyance are to be assessed according to how the switching emissions affect a healthy, normally sensitive child and on a healthy, normally-sensitive adult.

Section 2

Arrangements for operational sound

Limits

§ 6. (1) In the case of immission increases resulting from road traffic, the permissible level of immission, which is caused by traffic on the federal road race, is up to the achievement of an immission limit according to para. 2 in the case of neighbours such as shall be limited:

L the	=	55.0 dB
L Night	=	45.0 dB

(2) The following emission limit values shall apply to the assessment of unreasonable annoyances of neighbours by road traffic noise:

L the	=	60.0 dB
L Night	=	50.0 dB

Immissions from road traffic are also considered reasonable if the immission increases, related to the immissions in the zero-plan case, are irrelevant. In the range of 60,0 dB < L the ≤ 65.0 dB as well as in the range of 50.0 dB < L Night ≤ 55.0 dB are irrelevant immission increases of up to 1.0 dB.

(3) The following emission limit values shall apply to the assessment of the health risk of neighbours by road traffic noise:

L the	=	65.0 dB
L Night	=	55.0 dB

If these immission limit values are exceeded, it is necessary to assess, on a case-by-case basis, immission increases caused by road traffic. Any immission increases of more than 1.0 dB due to the immissions in the zero-plan case are inadmissible at any rate.

(4) In the case of workers from neighbouring establishments and owners of establishments in which persons are regularly present on a temporary basis with regard to the protection of such persons, the conditions laid down in paragraphs 1 to 3 shall not apply; they shall be subject to the conditions laid down in the preceding paragraph. The immission entry and the emission limit values shall be determined in each individual case.

(5) Pre-order-related immission increases, which originate from the operation of other sound emitters than the road, must be calculated and assessed on a case-by-case basis.

Identification and assessment

§ 7. (1) The noise emissions and immissions shall be calculated in accordance with the state of the art in the field of road traffic noise, where noise protection, as of 1 March 2006, shall be taken into account in the determination of emissions point 4.1 (measurement traffic strengths) of the RVS 04.02.11 and point 5.1 (emission sound level) of RVS 04.02.11, as of 31 March 2009 (annex).

(2) For the assessment of the noise immissions caused by the operation of the federal road project, the condition at the time of the forecast without the project (zero-plan case) and the condition changed by the project at the forecast point in time (project planning case).

Road-side measures

§ 8. (1) In the case of noise emissions, on the basis of traffic on the federal road race, the noise protection required for neighbours, with the exception of the noise protection requirements, is required to comply with the permissible incident-related immission input and the immission limit values according to § 6. Employees of neighbouring establishments within the meaning of Section 6 (4), primarily by means of (active) noise protection measures on the roadside. Roadside measures are in particular noise protection walls, noise protection walls, incision in the incision and a combination thereof.

(2) Paragraph 1 shall not apply to objects or parts of the object whose existence, re-establishment, conversion or conversion is inadmissible at the time of the application of the seizure.

Object-side measures

§ 9. (1) If, in the case of noise emissions, active noise protection measures based on traffic on the federal road race, in order to comply with the permissible emissions-related immission input and the immission limit values according to § 6, technically not feasible or in the With regard to the achievable purpose, it is only possible to implement a disproportionate economic effort, in addition to or instead of active noise protection measures, the protection of premises is permitted by means of objective measures.

(2) In the case of neighbours, with the exception of those pursuant to § 6 (4), in the case of an increase in noise caused by the project, on the basis of traffic on the federal road race, the permissible exposure-related immission entry for L Night in accordance with Section 6 (1), and if measures on the road are not to be taken, they shall be entitled to the installation of sound-insulating fans in the living rooms on the facades concerned, without the exchange of existing windows.

(3) In the case of neighbours, with the exception of those in accordance with § 6 (4), with relevant subject-related noise increases, the immission limit value for L shall be: the in accordance with Section 6 (2) and are not required to take measures on the road, they shall be entitled to the exchange of existing windows and doors against sound-proof windows and doors in residence rooms on the facades concerned, to the extent that: existing windows and doors do not provide adequate protection. In the case of neighbours, with the exception of those according to § 6 (4), with relevant subject-related noise increases, the immission limit value for L Night in accordance with Section 6 (2), and are not required to take measures on the road, they shall be entitled to the installation of sound-insulating ventilation systems and the replacement of existing windows and doors against sound-proof windows and doors in common rooms at the the facades concerned, in so far as existing windows and doors do not provide adequate protection.

(4) If, in accordance with § 6 (4), the permissible amount of immission or one of the immission limits established in individual cases is exceeded in the case of a neighbour, and if measures on the road are not to be taken, they shall have no The right to object-side measures in a residence permit on the facades concerned, insofar as existing windows and doors do not provide adequate protection.

(5) In the area of access routes in the subordinate road network and in the case of Section 6 (5), it is permissible to ensure noise protection exclusively by means of measures on the object side.

Section 3

Arrangements for construction-related sound

Thresholds and limits

§ 10. (1) If the assessment level of the construction noise does not exceed the following threshold values, the sound emissions shall, in any case, be permitted:

L r, Construction, Day, W	=	55.0 dB
L r, construction, evening, W	=	50.0 dB
L r, Construction, Day, Sa	=	55.0 dB
L r, construction, evening, Sa	=	50.0 dB
L r, Construction, Day, So	=	55.0 dB
L r, Construction, Evening, So	=	50.0 dB
L r, construction, night	=	45.0 dB

(2) Construction-related sound emissions shall be permitted as long as the limit values referred to in paragraph 4 are complied with, even if the assessment level of the noise is the threshold values set out in the table below as a function of the territorial use does not exceed.

Territorial Use	Thresholds in dB
	Day	Evening	Night
Mixed area with z. Offices, shops, trade, administrative buildings without any significant disturbing noise emission, housing, hospitals and areas for establishments without sound emission	L r, Construction, Day, W ≤ 60.0	L r, construction, evening, W ≤ 55.0	L r, construction, night ≤ 50.0
	L r, Construction, Day, Sa ≤ 60.0	L r, construction, evening, Sa ≤ 55.0
	L r, Construction, Day, So ≤ 55.0	L r, Construction, Evening, So ≤ 55.0
Area for businesses with industrial and industrial goods production and service centres	L r, Construction, Day, W ≤ 65.0	L r, construction, evening, W ≤ 60.0	L r, construction, night ≤ 55.0
	L r, Construction, Day, Sa ≤ 60.0	L r, construction, evening, Sa ≤ 55.0
	L r, Construction, Day, So ≤ 55.0	L r, Construction, Evening, So ≤ 55.0

(3) Construction-related switching emissions shall be permitted, as long as the limit values as set out in paragraph 4 are complied with, even if the noise level of the construction noise does not exceed the ambient noise level as the threshold.

(4) In order to assess the health risk, the following limit values shall apply to the assessment level of the construction noise:

	Day	Evening	Night
Workday	L r, Construction, Day, W ≤ 67,0 dB	L r, construction, evening, W ≤ 60.0 dB	L r, construction, night ≤ 55.0 dB
Saturday	L r, Construction, Day, Sa ≤ 60.0 dB	L r, construction, evening, Sa ≤ 55.0 dB
Sunday	L r, Construction, Day, So ≤ 55.0 dB	L r, Construction, Evening, So ≤ 55.0 dB

If these limit values are exceeded, the construction noise shall be assessed in individual cases.

(5) In respect of the workers of neighbouring establishments and the holders of establishments in which persons are regularly present on a temporary basis with regard to the protection of such persons, the conditions laid down in paragraphs 1 to 4 shall not apply; the permissible construction noise shall apply to them in the case of: Individual cases.

(6) If the emissions from the construction site traffic in the public transport network do not exceed the given traffic noise emissions in the public transport network and the construction-related traffic noise emissions do not exceed the limit values laid down in paragraph 4 shall be admissible at any rate.

(7) Holidays are to be judged as Sundays.

Identification and assessment

§ 11. (1) The assessment level in accordance with § 3 (2) shall be calculated in accordance with ÖNORM ISO 9613-2:2008-07-01 and the determination of the assessment level shall be based on the exposure times of individual construction operations and the traffic figures for the construction site traffic.

(2) In determining the assessment level in accordance with section 3 (2), the noise emissions of the building noise shall in principle be provided with an adjustment value of + 5.0 dB. However, this does not apply to the construction site traffic, as far as it is comparable to the traffic noise of public roads.

If the building-related immissions on working days on the day exceed the threshold values in accordance with § 10 (1) no more than one month per year of construction, the assessment level L may be exceeded r, Construction, Day, W to be reduced by 3.0 dB. Where thresholds are used in accordance with Article 10 (2) or (3) of the assessment, the first sentence shall be deemed to have been exceeded.

Mitigation measures

§ 12. If a threshold is exceeded in accordance with Article 10 (1), construction-related sound emissions shall be reasonable even if mitigation measures are examined, and insofar as they are not associated with disproportionate effort with regard to the achievable purpose, will actually be implemented. The mitigation measures include, depending on the requirements, the use of low-noise appliances, machines and construction methods, building-side (active) noise protection measures, local and time-based optimization of the construction process, noise monitoring and public relations. If thresholds are used in accordance with Article 10 (2) or (3) of the assessment, the rates 1 and 2 shall apply from the exceeding of these thresholds.

Object-side measures

§ 13. (1) If the assessment level is exceeded in spite of proportionate mitigation measures in accordance with § 12

1.		the limit values for the day or evening according to § 10 (4) or (5), the neighbours shall be entitled to the exchange of existing windows and doors against sound-proof windows and doors in lounges on the affected facades, to the extent that existing windows , and shall not provide adequate protection;
2.		the limit values for the night in accordance with § 10 (4) or (5), neighbours are entitled to the installation of sound-insulating fans and the replacement of existing windows and doors against sound-proof windows and doors in living rooms on the affected facades, insofar as existing windows and doors do not provide adequate protection.

(2) In the event that the respective assessment level exceeds the limit values in accordance with § 10 (4), the Bundesstraßenverwaltung neighbours, as an alternative to the object-side measures, can use noise not burdened by noise over the period of that period. , which has resulted in the exceeding of the limit value in accordance with § 10 (4). If the neighbour agrees to this offer, the right to object-side measures shall not be required. This also applies analogously to neighbours pursuant to § 10 paragraph 5.

Section 4

Common rules for operational and construction-related sound

Implementation of object-side measures

§ 14. The approval certificate shall specify the quality requirements for noise protection measures in accordance with § 9 and § 13 and the areas in which these measures are to be taken. The authority of the Bundesstraßenverwaltung can apply in the letter of approval to carry out detailed investigations in order to further specify the measures. The costs of object-side measures must be borne by the Federal Road Administration. If at the time of the certification of the stock, rebuilding, rebuilding or conversion of the object or of an object part is inadmissible, there is no claim to object-side noise protection.

Linguistic equality

§ 15. In so far as the names used in this Regulation refer to natural persons, the chosen form shall apply to both sexes. The use of these designations for certain natural persons shall be based on the gender-specific form.

Transitional provisions

§ 16. (1) In the case of federal road projects which have been submitted to the Authority for approval before the entry into force of this Regulation, it is permissible to use, instead of the adjustment value in accordance with Article 11 (2), also other adaptation values corresponding to the state of the art. .

(2) On federal road projects which have been submitted to the Authority for approval before the entry into force of this Regulation and are not subject to an EIA obligation, the third party shall be 3. Do not apply section.

Bures