Construction sites and film sets

Title IV of the Regulation (Articles 12-19) applies to the operational and management activities of temporary construction sites that involve exceeding the limits.
Construction sites are classified as:

• public or public utility projects (construction, road, infrastructure),

• private initiative: all other construction sites.

Noise emissions exceeding the limits produced by construction sites must be authorised with a specific permit.
Construction sites that meet the following three conditions are exempt:

• duration up to 3 working days

• operating from 08:00 a.m. to 07:00 p.m. (with an afternoon break from 12:00 a.m. to 15:00 p.m. pursuant to Article 65 of the Police and Urban Security Regulations)

• noise emissions on the facade of the receptors not exceeding the limit of 70 dB (Leq 30 minutes).

Construction sites for the urgent restoration of public services and for emergency interventions on public ground are exempt.
Film sets are assimilated to construction sites with regards to the preparation and related filming activities.

Requests for authorization to derogate from noise limits must be submitted at least 30 days in advance according to the instructions in Annex B of the regulation:

• if the construction site lasts < o = 180 days: complete application with requirements (start and end date, days and hours), location of the construction site, description of works and phases, machinery and systems, plan, description of controls,

• if the construction site lasts > 180 days: in addition to the above documentation, a DPIA signed by an acoustician is required. Below is provided the link to the National list of Technicians specialized in environmental Acoustics.

The Municipality can always request a DPIA signed by a qualified environmental acoustics expert. In the permit, the Municipality can specify hours and noise emission limits (art 15-16), as well as request sound measurements be carried out during the construcion site. Following an inspection, requirements may be modified by the Municipality.

HOURS
Permits are issued for activities that take place in:

• weekdays (except Saturday)

• hours: 8:00 a.m. -12:00 a.m. and 02:00 p.m. - 07:00 p.m.

If construction sites are near to sensitive sites, the permit is issued between 09:00 a.m. -12:00 a.m. and 03:00 p.m. - 07:00 p.m..
Noise emissions of private construction sites may be permitted at different hours than those indicated above only under two conditions:

• submission of a certification from the works manager with technical requirements due to the impossibility of respecting the timetables

• submission of a DPIA (Noise impact forecast documentation)

LIMITS

Permits are issued for limit values on the façade of the most exposed receptors equal to 70dB (leq 30 minutes). If the construction sites are located in buildings composed of multiple units, at least partially occupied by other receptors, or are near to sensitive sites, the permit will be issued with an absolute immission limit of 65 dB measured in front of the building.
If the receptors are located in the same building where the work is being carried out, the permit will be issued with an absolute emission limit of 60 dB measured with the windows closed.
Noise emissions for private construction sites with different limits than those indicated above can only be authorised under two conditions:

• submission of a certification from the works manager with technical requirements for the impossibility of respecting the  limits indicated above

• submission of a DPIA (Noise impact forecast documentation)

IMPORTANT
Noise emissions of public construction sites/film set installations and related filming may be authorised for different hours (even at night) and limits  than those indicated above, only under the following conditions:

• submission of a declaration of public interest issued on letterhead by the competent municipal office or other bodies and entities managing public services (see template at the bottom of the page)

• indication of the days, hours and plan of the area affected by the works or film sets

OBLIGATIONS

The authorization is issued upon payment of an administrative fee and must be retained and exhibited upon request.

The permit holder must take all necessary measures to minimize noise and inform all parties of the content of the acoustic exemption.

SANCTIONS

• Article 10, paragraphs 2 and 3 of Law No. 447/1995 (Framework Law for Noise Pollution) 
  2. Anyone who, in the operation or use of a fixed or mobile source of noise emissions, exceeds the limit values ​​referred to in Article 2, paragraph 1, established pursuant to Article 3, paragraph 1, letter a), shall be punished with an administrative sanction consisting of a fine ranging from €1.000,00 to €10.000,00 .
  3. Violation of the implementing regulations referred to in Article 11 and the provisions issued pursuant to this law by the State, regions, provinces, and municipalities shall be punished with an administrative sanction consisting of a fine ranging from €500,00 to €20.000,00.

• art. 8, paragraph 3 of  Regional Law no. 21/1999 (Regulations on noise pollution) 
  3. In addition to those provided for in article 10 of law no. 447/1995, the following administrative sanctions are established:
     a) anyone who violates the provisions regarding the exercise of outdoor or temporary activities referred to in article 7 is punished with an administrative sanction of a sum ranging from €300.00 to €900.00 ; 
     b) anyone who violates the provisions relating to the derogation authorizations referred to in article 7, paragraph 7 is subject to the same sanction;
     c) anyone who, in the operation or use of a fixed or mobile source, exceeds the limits set by the Municipality to protect the particularly sensitive areas referred to in article 2, paragraph 2(9), shall be punished with an administrative fine of between €1.000,00 and €3.000,00 .