Fundamental Rights Section
measured on the boundary of the property. Therefore, doubt must be cast on the extent to
which the measurement values communicated to the official physician were relevant.
On March 31, 2003, the official physician again dealt with the facts of the complaint. From
the file documentation, it is not apparent that these comments were made available to the
plaintiffs.
With an 'official notification' dated May 28, 2003 in respect of GZ 163-29/2003, the mayor of
the Municipality of Ilztal rejected the application filed by the plaintiffs for removal of the siren
system, due to a lack of right to defence under the Styrian Fire Service Act 1985. The reasoning is stated as follows: 'The legal regulations in connection with the siren systems are
ultimately to be regarded as special regulations with respect to the Building Law'. The dispatch ends with the words: The Mayor. An illegible signature is added.
The appeal filed correctly in terms of form and deadline, was rejected by the Municipal
Council of the Municipality of Ilztal with an official notification dated November 24, 2003 in
respect of GZ. 163-69/2003. As justification, the Municipal Council states that it is not necessary to obtain an approval when complying with a legal obligation. This could 'even result
in grotesque situations, in an extreme case, that the mayor could not find a single location
in an entire village, where he could – in accordance with his legal obligation – grant his own
municipality the approval to mount a siren. According to the Municipal Council, this situation
arises also elsewhere in the Austrian legal system: Specific matters are to be regulated
factually and thus also the mounting of the fire service sirens in Neudorf.’
In this respect, the Ombudsman Board notes that:
Initially, the law dated March 5, 1985, enacted with the fire service regulations (Styrian Fire
Service Law 1985), Styrian Law Gazette 1985/49, in its valid version, is relevant. Pursuant
to Sect. 6 para. 1 of this Law, the Municipality is obliged to create and/or install, at suitable
locations, the public fire reporting facilities as well as alarm and reporting devices necessary to alarm the fire brigade. It is furthermore obliged to duly mark these facilities and devices and to ensure their operation and/or operativeness by regular inspections.
If the fire reporting facility consists of a technical facility (fire alarm facility) and if suitable
municipality-owned properties are not available, the owners/authorised agents of suitable
properties must tolerate the building and maintaining of public fire reporting and alarm facilities on their properties, as well as entering the property, without a right to claim compensa-
49
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