Sports facility noise protection ordinance
| Basic data | |
|---|---|
| Title: | Eighteenth ordinance for the implementation of the Federal Immission Control Act |
| Short title: | Sports facility noise protection ordinance |
| Abbreviation: | 18. BImSchV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 23 (1), Section 48b BImSchG |
| Legal matter: | Environmental law |
| References : | 2129-8-18 |
| Issued on: | July 18, 1991 ( BGBl. I p. 1588 , ber.p. 1790 ) |
| Entry into force on: | October 26, 1991 |
| Last change by: |
Art. 1 VO from June 1, 2017 ( Federal Law Gazette I, p. 1468 ) |
| Effective date of the last change: |
September 8, 2017 (Art. 2 of June 1, 2017) |
| Please note the note on the applicable legal version. | |
The Sports Facilities Noise Protection Ordinance (18th BImSchV) applies to sports facilities for which a permit is not required according to Section 4 of the Federal Immission Control Act . It defines immission guide values and rest periods. In particular, the night time period that requires rest, which otherwise begins at 10 p.m. and ends at 6 a.m. in Germany, is extended by one hour from 6 a.m. to 7 a.m. on Sundays and public holidays. In addition, rest periods are set every day from 8 p.m. to 10 p.m., on workdays from 6 a.m. to 8 a.m., on Sundays and public holidays from 7 a.m. to 9 a.m. and from 1 p.m. to 3 p.m.
A distinction is made between industrial areas, mixed areas, general and purely residential areas, and areas with schools, hospitals and spa facilities. In purely residential areas, a standard immission value of 45 dB applies during the morning rest periods . The calculation rules described in the ordinance can be used to determine whether the respective guide values are adhered to.
Terms
In view of the common terms sports field , sports facility and stadium, there are often uncertainties as to when the sports facility noise protection ordinance should be applied. All plants that were built before the ordinance came into force are subject to grandfathering - but only to a certain extent (so-called old plant bonus). A major change, e.g. B. Conversion or expansion of a sports facility to include additional seats, installation of a grandstand, means that the old facility bonus expires and the values stipulated in the ordinance must be adhered to in any case.
According to DIN 18035-1 (Sports fields, Part 1: Outdoor facilities for games and athletics, planning and dimensions), the sports field is "... an outdoor facility that is suitable for both organized competitive sports according to the nationally and internationally agreed rules of the sports associations and non-competitive sports , rule-open sports, exercise and leisure activities ".
The individual sports have different noise effects. Most ball sports (soccer, hockey, tennis) are associated with much more noise due to the impact noise than training grounds for athletics (running, high jump, long jump, shot put, etc.). However, the sports facility noise protection ordinance does not differentiate between individual sports and operators (schools, clubs). The establishment of a grandstand or the number of spectator seats are also not a criterion.
Demarcation
For places that are not covered by this ordinance, the regulations for recreational noise or regulations issued by the individual cities and municipalities apply. This is intended to regulate the operation of football fields , for example .
Noise effect
The noise effect can be determined by measurement or calculation. In the case of new or significantly modified systems, systems of comparable size and operation can serve as a basis for assessment. As part of the approval, conditions can already be issued if it is foreseeable that the guide values specified in the ordinance will not be complied with.
Also to be taken into account are the traffic noises that occur during the operation of the sports facility when motorized vehicles drive in and out. These traffic noises are to be calculated according to the traffic noise protection ordinance.
Web links
Individual evidence
- ↑ Art. 1 of the Ordinance of June 1, 2017 ( Federal Law Gazette I p. 1468 )
