Fundamental Rights Section Excerpt from the 23rd/24th/25th Report of the Ombudsman Board to the Styrian Parliament (2003 – 2005) 2.4.3 Noise pollution by fire service sirens; accumulated misjudging of the legal situation – Municipality of Ilztal (VA ST/261-BT/03) On October 10, 2003, Mr. and Mrs. N.N. filed a complaint with the Ombudsman Board regarding the noise pollution by a siren system mounted on a neighbouring commercial building ..., KG (Katastralgemeinde – cadastral district) Neudorf. In an activated state, the acoustic pressure of the siren reached a level that was hazardous to health. From the documentation submitted, the Ombudsman Board gathered that an application by the plaintiff to remove the siren system was rejected by means of an 'official notification' from the mayor of the Municipality of Ilztal dated May 28, 2003 in respect of GZ. 16329/2003. Misgivings were raised against the decision in respect of formal and material law. The Ombudsman Board therefore approached the Municipal Council of the Municipality of Ilztal in an open appeal procedure. With a covering letter dated November 27, 2003, the mayor of the Municipality of Ilztal submitted the respective building file, attaching the appeal decision, which had been issued in the meantime. From the documents, the following facts arise: On November 29, 2002, the plaintiff filed a complaint with the Municipality of Ilztal, that on the neighbouring commercial building ..., KG Neudorf, a siren system had been installed, which resulted in 'noise nuisance, which is unreasonable and hazardous to health', when operated. The facility was built without appropriate building permission. Therefore, an application was filed for removal within the meaning of Article 41 Apr. 3 Styrian Building Code (specifically: Styrian Building Law 1995 in its valid version). With a letter dated February 20, 2003, the mayor of the Municipality of Ilztal notified the plaintiff about a noise level measurement. The measurement was carried out by the company that built the system. A letter from the responsible official physician with the Weiz Regional Administrative Authority refers to this. According to the physician, no hazard to health can be assumed with proper operation of the siren. In a statement comprising several pages, the plaintiffs criticised that the significant facts of the case had not been properly gathered. For example, the acoustic pressure had not been 48