NOISE FROM SPORTS AND LEISURE FACILITIES
5.2.1 18th Federal Immission Control Ordinance: Ordinance on the Prevention of Noise from Sports Facilities

The Ordinance on the Prevention of Noise from Sports Facilities (18th Federal Immission Control Ordinance) from 18 July 1991 is applicable to the construction, nature and operation of sports facilities unless they are subject to licensing pursuant to § 4 of the Federal Immission Control Act. Sports facilities are defined as stationary facilities for exercising, operated for this purpose (this does not include e.g. children's playgrounds or recreational sports activities on paths and in open land). Sports facilities also cover nearby facilities with a close spatial and operational relation, like parking lots or sports club restaurants.

The 18th Federal Immission Control Ordinance provides immission guide values for the construction and operation of sports facilities, which shall not be exceeded even after the inclusion of noise immissions from other sports facilities (table 5/1).

Single short-time peak values may not exceed the immission guide values by more than 30 dB(A) during the day and more than 20 dB(A) at night.

Furthermore, immission values of 35 dB(A) at daytime and 25 dB(A) at nighttime are designated for the inside of habitable rooms in dwellings which are connected, but not operationally associated, with sports facilities (e.g. within housing complexes). Single peak values may not exceed the last-mentioned values by more than 10 dB(A).

The determined periods are as follows: Daytime covers the period between 6 am and 10 pm on weekdays and between 7 am and 10 pm on Sundays and holidays. Nighttime is everything else. Rest periods are from 6 am to 8 am and from 8 pm to 10 pm on weekdays. On Sundays and holidays, the rest period is from 7 am to 9 am and from 8 pm to 10 pm plus the two hours from 1 pm to 3 pm. This noon rest must only be considered if sports facilities are used for more than four hours on Sundays and holidays between 9 am and 8 pm.

Table 5/1: Immission guide values in dB(A) pursuant to the 18th Federal Immission Control Ordinance

Exceptions to the regulations and orders can be granted if the noise from sports facilities is superposed by permanently predominant extraneous sounds. The competent authority can also fix hours of operation (except for open-air swimming pools and school sport facilities). Hours of operation shall not be set if the immission values are very rarely exceeded. Exceedances are rare if they occur on a maximum of 18 calendar days per year and have the character of an event. Further exceptions are granted for international or national sports events of extraordinary significance (e.g. Champions League or Europa League games).

Immission guide values in the context of rare events may be exceeded by at most 10 dB(A), provided that a level of 70 dB(A) is by no means exceeded outside the rest period at daytime, that of 65 dB(A) within the rest period and that of 55 dB(A) at night. Single short-time peak values may not exceed the immission guide values by more than 20 dB(A) during the day and more than 10 dB(A) at night.

An annex to the ordinance contains the determination and assessment procedure. What must be considered and taken into account separately besides the noise from the sports facility and its equipment are, if necessary, traffic noises from public circulation areas outside the facility provided that the traffic volume can be assigned to the facility.

Rating level and maximum level of single peak noises are determined on the basis of intensity, length and frequency of the noises. The assessment is made for the different periods (outside or within the rest periods). During the night, it must be realized for the most unfavourable full hour. If different emissions occur within an assessment period, the distribution of the occurring noises must be considered. The impulsive characteristics of noises (e.g. the bouncing of balls) are considered with an addition to the rating level. Sounds with discrete components and information incorporation (e.g. music, loudspeaker announcements) lead to an addition of 3 dB(A) or 6 dB(A) to the rating level due to their increased disturbing effect.

The rating levels can be determined through calculation or measurement; noise immissions for newly constructed sports facilities are determined according to the prognosis procedure described in No. 2 of the annex to the 18th Federal Immission Control Ordinance, while those of existing sports facilities are usually measured pursuant to No.3 of the annex. If the rating level is measured, it must be reduced by 3 dB(A) when compared with the immission guide values. This shall make allowances for the uncertainties associated with measurements in favour of the operator of an installation.

For older sports facilities, which had been built or permitted under building law before 1991 (when the 18th Federal Immission Control Ordinance came into effect), the responsible authority shall refrain from determining hours of operation if the immission guide values given in table 5/1 are exceeded by less than 5 dB(A) (bonus for old sites). But this is not applied to structurally modified or unused parts of such a sports facility. The above-mentioned guide values are also true for projected changes of use, like the conversion of a mini pitch into a beach volleyball playing field for example – but only if structural, technical and organizational measures do not suffice to adhere to the actual immission guide values after due consideration of the principle of proportionality.