Fundamental Rights Section the swimming pool, which had been displayed there to inform all cashiers, removed. Thus, there is nothing left that prevents the complainant from visiting the swimming pool, provided he observes the bathing rules. Excerpt from the 27th report of the Ombudsman Board to the Vienna State Parliament (2005) 2.8.4 Permit for living spaces with a distance of only approximately 8 metres from chimneys of a plant's heating facility (VA W/46-BT/05, MPRGIR-V-185/05) As tenant in an apartment complex in 1030 Vienna, erected by a housing and settlement cooperative in 2000, Ms. N.N. filed a complaint in January 2005 against malodours and noise caused by the chimney of a heating room on the directly adjacent property. The Ombudsman Board reviewed the case, obtained statements on the complaint from the City of Vienna and inspected the related construction files. The case was also broadcast on the TV programme 'Ombudsman – Equal Rights for Everyone' on February, 26 and September 10, 2005. Ms. N.N. has lived in an apartment on the fourth floor of the apartment complex since 2000. A building permit was issued on May 15, 2000, by way of an official notification, for this apartment by the City Administration of the City of Vienna, City Administration Department 37, Building Inspection, Decentralised Office for the third, fourth and fifth districts. This decision contains a reference to Sect. 114 para. 4 BauO (Bauordnung - Vienna Building Regulations) pursuant to which chimney exits must be built 3 metres higher than the window lintels of nearby living spaces facing the chimney exit in the same building or in other buildings on the same or on an adjacent property or on a property located directly across the street. This may involve changes in the construction of chimneys so that the exit heights comply with the above-mentioned provisions. At the time the building permit was issued, a chimney of the heating room of a directly adjacent locksmithery was located at less than 8 metres from Ms. N.N.'s living rooms. The chimney had been approved by decision of the City Administration of the City of Vienna, Town Planning Department, City Administration Department 36, of October 17, 1967 and June 20, 1968. 65