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Noise protection: use of equipment - Exceptions
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
Relevant regulations on the operation of equipment and machines are contained in the Federal Immission Control Act (BImSchG) in conjunction with the Equipment and Machine Noise Protection Ordinance (32nd BImSchV).
In principle, these regulations are aimed at both entrepreneurs and private individuals.
Thus, according to § 7 Abs. 1 Nr. 1 of the 32nd BImSchV, devices and machines may not be operated in pure, general and special residential areas, small settlement areas, special areas that serve recreation, spa and clinic areas as well as on the grounds of hospitals and nursing homes outdoors on Sundays and public holidays or on weekdays in the period from 20:00 to 7:00. Specific rules exist for brushcutters, grass trimmers and grass edge trimmers, leaf blowers and leaf collectors which do not bear the Community eco-label (European Ecolabel) or which do not comply with the requirements for stage II permissible sound power levels laid down in Article 12 of Directive 2000/14/EC. These may also not be operated between 7:00 a.m. and 9:00 a.m., 1:00 p.m. and 3:00 p.m. and 5:00 p.m. and 8:00 p.m.
The competent authority under Land law may, in individual cases, allow exceptions to the restrictions of § 7 sec. 1 of the 32nd BImSchV. Approval is not required if the operation of the equipment and machines is necessary in individual cases to avert a danger in the event of storms or snowfall or to avert any other danger to people, the environment or material assets (§ 7 para. 2 of the 32nd BImSchV).
Who should I contact?
- To the State Office for the Environment of the State of Schleswig-Holstein (LfU), when it comes to the commercial use of the above-mentioned machines and devices,
- to your municipal, administrative or municipal administration when it comes to the non-commercial use of the above-mentioned machines and equipment.
What deadlines do I have to pay attention to?
The exemption must be applied for before the start of the work.
- Act on Protection against Harmful Environmental Effects by Air Pollution, Noise, Vibrations and Similar Processes (Federal Immission Control Act - BImSchG),
- §§ 7, 8 Equipment and Machine Noise Protection Ordinance (32nd BImSchV).
The text was automatically translated based on the German content.