Order of Beijing Municipal People’s Government
No.181
"Measures for the prevention and control of environmental noise pollution in Beijing" has been adopted at the fifty-sixth executive meeting of the Municipal People’s Government on November 17, 2006, and is hereby promulgated and shall come into force as of January 1, 2007.
Mayor Wang Qishan
November 27th, 2006
Measures of Beijing Municipality for the Prevention and Control of Environmental Noise Pollution
Chapter I General Provisions
Article 1 In order to prevent and control environmental noise pollution, protect and improve the living environment, these Measures are formulated in accordance with the Law of People’s Republic of China (PRC) Municipality on the Prevention and Control of Environmental Noise Pollution and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the prevention and control of environmental noise pollution within the administrative area of this Municipality.
Article 3 District and county people’s governments shall be responsible for the quality of acoustic environment within their respective administrative areas.
The municipal, district and county environmental protection administrative departments shall exercise unified supervision and management over the prevention and control of environmental noise pollution within their respective administrative areas.
The public security department is responsible for the supervision and management of social life noise and motor vehicle noise pollution prevention and control.
Road administrative departments are responsible for the supervision and management of noise pollution prevention and control of roads and urban rail transit.
The administrative department of quality and technical supervision shall supervise and manage the noise limits specified in the standards for industrial products and equipment.
Railway and civil aviation administrative departments shall, according to their respective responsibilities, supervise and manage the prevention and control of noise pollution of trains and civil aircraft respectively.
Planning, construction, industry and commerce, culture and other departments shall supervise and manage the prevention and control of environmental noise pollution according to their respective responsibilities.
Article 4 Residents’ committees and villagers’ committees shall assist the government and relevant departments in the supervision and management of noise pollution in residential areas and mediate disputes arising from noise among neighbors.
Article 5 All units and individuals have the obligation to protect the environment from noise pollution, and have the right to complain and report to the units and individuals that produce environmental noise pollution.
Chapter II Supervision and Administration of the Prevention and Control of Environmental Noise Pollution
Article 6 The district and county people’s governments shall, according to the standards of urban planning and acoustic environmental quality, delimit the applicable areas of various acoustic environmental quality standards within their respective administrative areas, and announce them to the public, and report them to the municipal environmental protection administrative department for the record.
The applicable area of environmental standards for aircraft noise around the airport shall be delineated by the municipal environmental protection administrative department in conjunction with the relevant municipal administrative departments and the relevant district and county people’s governments, and shall be implemented after being approved by the Municipal People’s government.
Article 7 When determining the construction layout, the planning administrative department shall reasonably delimit the noise-proof distance between the building and the traffic trunk line and put forward the corresponding planning and design requirements according to the national and municipal acoustic environment quality standards and the sound insulation design specifications for civil buildings.
Eighth new construction, renovation and expansion of construction projects that may produce noise pollution shall abide by the provisions of the state on environmental protection management of construction projects, and solicit the opinions of residents and units in the region before applying for environmental impact assessment and approval.
Article 9 The sound insulation quality of newly-built civil buildings to external environmental noise and supporting public facilities such as water supply, heating, elevators and ventilation shall conform to the relevant national and municipal standards.
The planning administrative department shall strengthen the supervision of the implementation of the mandatory standards for the design quality of building sound insulation; The construction administrative department shall strengthen the supervision of the implementation of the mandatory standards for the construction quality of building sound insulation.
Article 10 Enterprises and institutions that cause serious environmental noise pollution in areas where noise-sensitive buildings are concentrated shall be ordered to treat within a time limit. Units that have been treated within a time limit shall complete the treatment tasks on schedule.
The deadline for the management of small enterprises and institutions shall be decided by the district and county environmental protection administrative departments. During the period of treatment within a time limit, the unit that has been treated within a time limit may be ordered to stop using the equipment and facilities that produce noise pollution or limit the running time of the equipment and facilities.
Eleventh residential buildings are not allowed to set up restaurants and entertainment places that may produce noise pollution.
When selling new residential buildings, the real estate development enterprise shall clearly indicate the building sound insulation situation of the residential buildings sold and the acoustic environment of the place where it is located.
Twelfth environmental protection administrative departments have the right to conduct on-site inspections of environmental noise pollution prevention and control units that emit environmental noise. If serious noise pollution is found in equipment and facilities during on-site inspection, it may be ordered to stop using the equipment and facilities or limit the running time of the equipment and facilities. The inspected unit shall stop or use the equipment and facilities within the specified time.
The units under inspection shall truthfully reflect the prevention and control of environmental noise pollution and provide necessary information on the prevention and control of environmental noise pollution.
Thirteenth environmental protection administrative departments to conduct on-site inspection of environmental noise pollution prevention and control, should produce valid law enforcement certificates, and keep the technical and commercial secrets for the inspected.
Fourteenth environmental protection administrative departments and other departments responsible for the supervision and management of noise pollution prevention and control shall announce to the public the names and contact information of the institutions responsible for accepting noise pollution complaints and reports.
Chapter III Prevention and Control of Construction Noise Pollution
Fifteenth construction work to the surrounding living environment, the construction unit shall take effective measures to prevent and control noise pollution, so that the noise emissions meet the national standards for environmental noise emission at the construction site. The cost of taking noise pollution prevention measures is included in the project cost.
Article 16 The construction unit shall formulate a management system for the prevention and control of noise pollution on the construction site and make a public announcement, and arrange the noise-producing equipment and facilities on the side far away from the residential area.
Seventeenth senior high school entrance examination, college entrance examination and other special periods stipulated by the Municipal People’s government, in addition to emergency repair, it is forbidden to engage in noise-producing construction work in the concentrated area of noise-sensitive buildings.
Eighteenth noise-sensitive buildings are concentrated in the area, and it is forbidden to carry out construction operations that produce noise pollution at night. However, the key projects of the state and this Municipality, emergency repair and rescue operations, and continuous operations due to production process requirements and other special needs are excluded.
If it is really necessary to carry out construction work at night for key projects of the state and this Municipality due to production process requirements or other special needs, it shall obtain the approval document issued by the construction administrative department where the project is located.
Nineteenth night construction work, it should be announced to the surrounding residents. The contents of the announcement include: the name of the construction project, the name of the construction unit, the approval number of night construction, the start and end time of night construction, the content of night construction, the person in charge of the site and its contact information, and the supervision telephone number.
Chapter IV Prevention and Control of Traffic Noise Pollution
Article 20 When newly built, rebuilt or expanded expressways, expressways, trunk roads, urban elevated roads, railways and urban tracks pass through areas where existing noise-sensitive buildings are concentrated, noise pollution prevention measures shall be taken. The cost of taking noise pollution prevention measures is included in the project cost.
Twenty-first in the construction of noise-sensitive structures on both sides of existing roads, railways and urban tracks, the construction unit shall take necessary measures to prevent and control noise pollution. Make the indoor acoustic environment quality in noise-sensitive structures meet the national standards.
Article 22 The noise emission of motor vehicles in use in this Municipality shall conform to the noise emission standards for motor vehicles in use stipulated by the state.
In-use motor vehicle silencers and other noise pollution prevention and control equipment should be used normally, and modification, removal or idleness are prohibited.
It is forbidden to install and use external audio equipment except special vehicles. Special vehicles equipped with external audio equipment shall be used in accordance with regulations.
Article 23 The public security department may, according to the needs, designate road sections where traffic is restricted at night and areas where honking is prohibited around residential areas, and clearly define the time periods when traffic is restricted and honking is prohibited.
Twenty-fourth motor vehicle parking lot, waiting station, should choose a reasonable location or take other effective measures to reduce the impact of noise generated by vehicles on the surrounding living environment.
Twenty-fifth railway locomotives in the city built-up area, should be in accordance with the relevant provisions of the state and the city to limit the whistle.
Article 26 When formulating flight procedures at airports, relevant departments should consider the impact of noise and try to avoid areas where noise-sensitive buildings are concentrated.
When a civil aircraft takes off, lands or flies at low altitude, it shall abide by the prescribed flight procedures.
Twenty-seventh in the construction of buildings in the area where the aircraft noise environmental standards are applicable, the provisions of the applicable areas of the corresponding standards shall be implemented.
Chapter V Prevention and Control of Noise Pollution in Social Life
Twenty-eighth it is forbidden for any unit or individual to use audio equipment that interferes with others in areas where noise-sensitive buildings are concentrated. However, in the following circumstances, it is allowed to be used for a certain period of time, and the volume is controlled:
(a) large-scale social activities approved according to law;
(2) Class and break exercise;
(3) Emergency situations such as emergency rescue and disaster relief.
It is forbidden for commercial activities to use audio equipment outdoors or to attract customers by other methods of making noise and interfere with the surrounding living environment.
Twenty-ninth in the streets, squares, parks and other public places to organize entertainment, assembly and other activities, the use of household appliances, musical instruments and other audio equipment, should be controlled to avoid interference with the surrounding living environment.
Thirtieth processing, maintenance, catering, entertainment, fitness, supermarkets and other commercial service operators should take effective measures to prevent noise from production and business activities from interfering with the surrounding living environment.
Article 31 Where air conditioners, cooling towers and other equipment and facilities that may produce environmental noise pollution are used in commercial activities, their managers shall take effective measures to make their boundary noise meet the environmental noise emission standards stipulated by the state.
Thirty-second motor vehicle burglar alarms produced and sold in this Municipality shall meet the standards prescribed by the state.
Motor vehicles in this Municipality are not allowed to install and use motor vehicle burglar alarms that do not meet the standards.
The municipal administrative department of quality and technical supervision shall announce to the public the motor vehicle burglar alarm that does not meet the standard.
Thirty-third in the area where noise-sensitive buildings are concentrated, no noise shall be generated when setting or lifting the motor vehicle alert or looking for a car.
After the vehicle burglar alarm sounds, the user should deal with it in time to avoid disturbing the surrounding living environment by ringing for a long time.
Thirty-fourth use of household appliances, musical instruments or other indoor entertainment activities, should control the volume or take other effective measures to avoid interference with the surrounding living environment.
Thirty-fifth statutory rest days, holidays and working days from 12: 00 to 14: 00, from 18: 00 to 8: 00 the next day, it is forbidden to carry out decoration work that produces noise in residential buildings that have been completed and delivered. If renovation work is carried out in other time periods, measures shall be taken to reduce the interference to the surrounding living environment.
If renovation work is carried out in other buildings that have been completed and delivered for use, measures shall be taken to reduce the interference to the surrounding living environment.
Chapter VI Legal Liability
Thirty-sixth in violation of the provisions of the first paragraph of article tenth of these measures, did not complete the task of governance, by the competent administrative department of environmental protection at a fine of 30 thousand yuan; If the circumstances are serious, the municipal or district/county people’s government shall order it to suspend business, relocate or close down.
Thirty-seventh in violation of the provisions of the first paragraph of Article 12 of these measures, the inspected unit fails to stop or use the equipment and facilities that cause serious noise pollution within the specified time, and the competent administrative department of environmental protection shall impose a fine of not more than 30,000 yuan.
Article 38 In violation of the provisions of Article 16 of these measures, if the construction unit fails to formulate the management system for the prevention and control of noise pollution on the construction site and fails to arrange the noise-producing equipment and facilities far away from the residential area, the comprehensive law enforcement department of urban management shall order it to make corrections and may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 39 Whoever, in violation of the provisions of Article 17 of these measures, engages in noise-producing construction operations in noise-sensitive buildings concentrated areas during the senior high school entrance examination and college entrance examination and other special periods stipulated by the Municipal People’s Government, shall be ordered by the comprehensive law enforcement department of urban management to stop the illegal act and be fined not less than 10,000 yuan but not more than 30,000 yuan.
Fortieth in violation of the provisions of the second paragraph of Article 18 of these measures, without obtaining the approval documents for night construction, the comprehensive law enforcement department of urban management shall order it to stop the illegal act and impose a fine of 10,000 yuan to 30,000 yuan.
Forty-first in violation of the provisions of article nineteenth of these measures, the night construction work did not announce the relevant contents to the surrounding residents, and the comprehensive law enforcement department of urban management shall order it to make corrections and impose a fine of more than 5,000 yuan in 1000 yuan.
Article 42 If, in violation of the provisions of Article 30 of these Measures, operators of processing, maintenance, catering, entertainment, fitness, supermarkets and other commercial services fail to take effective measures, and noise generated by production and business activities interferes with the surrounding living environment, the competent administrative department of environmental protection shall order them to make corrections; Refuses to correct, a fine of 30 thousand yuan.
Forty-third in violation of the provisions of these measures, one of the following acts shall be given a warning by the public security department, and if it is not corrected after the warning, it shall be fined from 200 yuan to 500 yuan:
(a) the use of audio equipment that interferes with the surrounding living environment in areas where noise-sensitive buildings are concentrated;
(2) Commercial activities use audio equipment outdoors or use other noise-making methods to attract customers and interfere with the surrounding living environment;
(three) in the streets, squares, parks and other public places to organize entertainment, assembly and other activities, the use of audio equipment, noise interference around the living environment;
(four) not in accordance with the provisions of the second paragraph of article thirty-third of these measures in a timely manner, the motor vehicle burglar alarm sounded for a long time, which interfered with the surrounding living environment;
(five) did not control the volume or take measures in accordance with the provisions of article thirty-fourth of these measures, and the noise emitted from the family room interfered with the surrounding living environment;
(six) failing to carry out decoration work in accordance with the provisions of article thirty-fifth, which interferes with the surrounding living environment.
Forty-fourth in violation of these measures, in accordance with the planning, construction, industry and commerce, culture, transportation, quality and technical supervision and other relevant laws, regulations and rules should be dealt with, by the relevant departments in accordance with the law.
Forty-fifth units and individuals that are harmed by environmental noise pollution have the right to ask the perpetrators to eliminate the harm; Causing losses, have the right to claim compensation according to law.
Disputes over the liability for compensation and the amount of compensation may be settled through mediation by the competent administrative department of environmental protection or other supervisory and administrative departments, institutions and people’s mediation committees for the prevention and control of environmental noise pollution at the request of the parties concerned; If mediation fails, the parties may bring a suit in a people’s court. The parties may also directly bring a suit in a people’s court.
Article 46 If an administrative organ and its staff who are responsible for the supervision and management of the prevention and control of environmental noise pollution fail to perform their duties in accordance with the law, resulting in serious consequences, the competent administrative organ at a higher level or the supervisory organ shall order it to make corrections, and the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 47 These Measures shall come into force as of January 1, 2007. The Interim Measures for the Administration of Environmental Noise in Beijing promulgated by the Municipal People’s Government on March 8, 1984 and revised by the Municipal People’s Government on December 31, 1997 shall be abolished at the same time.