Fundamental Rights Section Ms. N.N.'s complaint proved justified, because the building authority had failed to take the necessary measures pursuant to Sect. 126 para. 4 of the Vienna Building Regulations without delay in connection with the imminent danger arising for the occupiers from the gas emissions of the chimney of the heating room, which was located at approximately 1.5 metre above the crest of the ground level workshop with a distance of only 8 metres from the nearest living room windows of the apartment complex at issue. Pursuant to the abovementioned provision, the owner of the lower building must be ordered either to increase the height of the chimney or to build another heating facility if the occupiers of neighbouring buildings are at risk because of fumes. Although the City Administration Department 37, Decentralised Office for the third and eleventh districts, had been informed by a petition of the housing and settlement cooperative, filed with the City Administration Department 37 on December 23, 2002, about the potential health risks arising from the gas emissions of the heating facility at issue for neighbours living nearby, it involved the City Administration Department 22 - Environmental Protection in the matter only almost two years later, namely in October 2004, and the District Health Department only in November 2004. It issued the required official notification only on May 30, 2005. Furthermore, the Ombudsman Board pointed out that the building permit for the apartment complex, whose living spaces are located, contrary to Sect. 114 para. 4 of the Vienna Building Regulations, within a distance of 10 metres from the exit of a chimney which is not three metres higher than the window ridge of the living spaces of the apartment complex, was issued by the City Administration of the City of Vienna, City Administration Department 37, Building Inspection, Decentralised Office for the 3rd, 4th and 5th districts, on May 15, 2000, without ordering at the same time either the owner of the lower house to increase the height of the smoke and exit gas chimneys or the owner of the higher building to reimburse the owner of the lower building for the costs for other heating facilities up to the maximum amount estimated for the increase in height pursuant to Sect. 126 para. 4 of the Vienna Building Regulations. The respective measures were taken only five years later by official notification of the City Administration of the City of Vienna, City Administration Department 37, Decentralised Office for the third and eleventh districts of May 30, 2005, which became final on June 17, 2005. 66