Article 4.5.3.1.

1.

LA95,1h of the original ambient noise is equal to or greater than the guide value given in Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment or, as appropriate, by all or part of an existing establishment to which a modification has been made, must on the one hand be limited to the LA95,1h of the original ambient noise decreased by 5 dB(A), and must on the other hand be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order.

2.

LA95,1h of the original ambient noise is less than the guide values specified for the areas in points 1, 4, [...] 6 or 7 of Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment or, as appropriate, by all or part of an existing establishment to which a modification has been made, must on the one hand be limited to the LA95,1h of the original ambient noise, and must on the other hand be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

3.

LA95,1h of the original ambient noise is less than the guide values specified for the areas in points 2, 3, 5, 8, 9 or 10 of Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment - or, as appropriate, by all or part of the existing establishment to which a modification has been made - must be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

4.

Without prejudice to the provisions of 1, 2 and 3, new category 1 or 2 establishments as well as modifications to existing category 1 or 2 establishments having a common wall and/or floor with inhabited spaces must comply with the following provisions:

the specific noise inside of the establishment, measured in the inhabited spaces with windows and doors closed, must be limited to the specific guide values stipulated in Appendix 2.2.2 to the present Order decreased by 3 dB(A).

5.

If the noise in the open air produced by an establishment has an incidental, fluctuating, intermittent or impulsive character, then the guide values given in Appendix 4.5.5 to the present Order are to be applied to the appropriate value. The appropriate value is the guide value given in Appendix 4.5.4 to the present Order for the different areas, decreased by 5 dB(A).

6.

The conditions stated in the present Section are represented diagrammatically in decision diagrams 4.5.6.1 and 4.5.6.3 in Appendix 4.5.6 to the present Regulation.