On December 3, six owners of the Pearl River Dijing community in Beijing pulled up a banner outside the Dijing sales center, which read: insist on the developers to solve the problem of elevator noise pollution.

The owners said that part of the commercial housing bedrooms in the Pearl River Dijing community are next to the elevators, and the noise generated by the operation of the elevators is killing them. Ms. Jia, the owner, was emotional and said that she had been looking for developers to reflect the matter three years ago, which has not been resolved so far.

Bedroom noise annoying

After that, the reporter came to Ms. Jia's home, from the perspective of the house structure: its master bedroom is next to the building's No. 1 elevator and part of the No. 2 elevator. When some residents use the elevator, the reporter can clearly hear the buzzing sound in the bedroom. When the elevator stops, there is a "click".

Ms. Jia said that it's a good time now. When the three elevators are running at the same time during the commuting time, the noise is even louder, especially when people are still at night. "I can't sleep without sleeping pills, and I'm constantly woken up.". In desperation, Ms. Jia moved into another small bedroom.

It is understood that the situation of several other owners is basically the same as that of Ms. Jia's, and Mr. Sun, the owner, said: "we have looked for the property and developers many times, and they have been procrastinating to solve the problem." Mr. Qin, the owner, decided to find a way for himself. He added more than 10 cm sound insulation layer to the walls and roof of his master bedroom, but the effect was still unsatisfactory.

A property official told reporters that he had been to the owner who reflected the problem: "the noise is really unbearable; there are houses with similar problems in several areas of the Pearl River Dijing community, but the property can not solve the problem, only to find developers."

But on the same day, the owners pulled a banner for nearly an hour and a half outside the Pearl River Dijing sales center, and the developer's principal never appeared. The reporter wants to go to the sales center to interview, but is also blocked by his staff. No matter what the reporter asked, the staff replied in three words: "I don't know."

The reporter learned that the developer's project department had replied to the local street office about this matter: the elevator installation met the environmental noise emission standard at that time, but considering the problem of disturbing the residents, the elevator company and other relevant units will be organized to put forward a comprehensive optimization noise reduction plan and implement it as soon as possible.

Obstruction of prosecution

In January this year, Ms. Jia invited Beijing Institute of labor protection science to measure the noise in the bedroom. According to the emission standard for industrial enterprises noise at boundary (hereinafter referred to as the "boundary standard"), the noise in the main bedroom is 41.3 decibels when three elevators are running at the same time; 40.1 decibels when No. 1 elevator is running alone, 36.3 decibels when No. 2 elevator is running alone, and 36.3 decibels when No. 3 elevator is running alone 34.4 dB.

In May, Ms. Jia sued for this. At first, she was full of confidence. According to Article 2 of the reply of the State Environmental Protection Administration of the people's Republic of China on the application of environmental protection standards for noise generated by equipment in buildings (hereinafter referred to as "07 reply"), the noise generated by elevators, pumps and other equipment in residential buildings can be evaluated by referring to the implementation of the noise standard for industrial enterprises (revised as the boundary mark in 2008) Quasi) etc.; in accordance with the plant boundary standards, the noise emitted by fixed equipment shall not exceed 40 decibels in the daytime and 30 decibels at night when it is transmitted to the indoor through the building structure in the bedroom and other rooms that need to be quiet at night.

At the same time, on September 17, 2009, Beijing Beiyuanjiayuan elevator noise case, known as the first case of elevator noise in China, was adjudicated. The court of first instance required the developer to take rectification measures according to the factory boundary standards. At that time, Beiyuanjiayuan sued the owner's elevator noise: two elevators operated at the same time for 33.3 decibels, and one elevator operated alone for 32.2 decibels.

However, in the middle of November, according to the latest Reply of the Ministry of environmental protection (hereinafter referred to as "09 reply"), the system and content of the factory boundary standard issued in 2008 have changed a lot compared with the original standard "industrial enterprise factory boundary noise standard", which is no longer applicable to the evaluation of noise generated by equipment (such as electric ladder) in residential buildings.

"If we still Sue according to the standards of the factory, the result may be that the case is rejected or lost," judge Qing Zhengke, Ms. Jia's acting lawyer

It's hard to find another way

What should I do? Qing Zhengke came up with another set of evaluation standards: Code for design of housing and code for design of sound insulation of civil buildings issued by the construction department, both of which are national standards. However, it is stipulated that the allowable noise level of residential bedroom is less than or equal to 50 decibels in the daytime and 40 decibels at night. Ms. Jia said she also hired a new testing unit to carry out the measurement according to the above standards, and the noise in the main bedroom still exceeded 40 decibels.

It seems that the prosecution conditions are complete, but neither qingzhengke nor Ms. Jia wants to take this step, "because winning the lawsuit may not solve the problem; we require developers to take measures to reduce the noise below 30 decibels, rather than below 40 decibels. Beiyuanjiayuan noise case is a good example, 33 decibels is enough to make people restless"!

Qing Zhengke said he didn't understand: the 07 reply itself was to solve the problem of elevator noise evaluation - about the noise problem caused by the elevator, water pump and other equipment in the residential building, the law on the prevention and control of environmental noise pollution and the measures for the prevention and control of environmental noise pollution in Beijing and other laws and regulations did not clearly stipulate the administrative department in charge of supervision and management and how to evaluate and so on《 There are also no specific provisions in the code for design of residential buildings and the standard for noise at boundary of industrial enterprises. "Now why did you send a letter to negate the 07 reply?"?

Qing Zhengke long term