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Exemption from the requirements of the 1st BImSchV

Teaser

The First Federal Emission Control Ordinance (1. BImSchV) sets forth requirements and rules for so-called small and medium-sized combustion plants – such as wood-burning stoves. Exceptions to certain requirements may be waived if certain conditions are met. To do so, an informal application must be submitted 

  • Service description

    The Lower Environmental Protection Authority may, upon request, (informal) grant exemptions from the provisions of § 22 of the 1st BImSchV , provided that, in individual cases, due to special circumstances would result in an unreasonable burden or otherwise lead to unreasonable hardship, and there is no reason to fear harmful environmental impacts.

    The basic requirements for an exemption under Section 22 of the 1st BImSchV are accordingly:
    1. Basic requirement for undue hardship = a heating system for which an exemption is to be requested, is the only means of space heating or hot water, such that the basic human need for heating and hot water may, under certain circumstances,(if there are multiple heating options, this basic need can be met by another heating option). In such a case, , for example, the proof be provided a heat pump has been installed to ensure the the basic needs mentioned above sufficient, and that an upgrade or replacement of the primary heating system (in this case: heat pump) is more cost-effective than installing a single-room fireplace is the applicant a massive financial burden.
    2. Unreasonable hardship exists and there are no harmful environmental impacts to to be feared. This means that both conditions must always be met. With regard to the assessment of exceptions to the discharge height pursuant to Section 19 of the 1st BImSchV, a case-by-case assessment should be conducted to determine whether the surrounding area could be exposed to harmful environmental effects(e.g., smoke), VDI 3781 Sheet 4 should be consulted. This VDI standard explains when, in each specific case, it can be assumed that the emissionswill be carried away into the open airflow (outside the recirculation zone of neighboring buildings) and thus no harmful environmental impacts are to be feared. For this purpose, the competent districtchimney sweepcan can provide further information.
    For Deviations from the discharge conditions pursuant to Section 19(1) of the 1st BImSchVon the grounds of disproportionateness (see § 19(1), sentence 7), there is also following option:
    • Possible deviations from the discharge conditions under Section 19(1) of the 1st BImSchV are not granted pursuant to § 22 of the 1st BImSchV, but rather on the basis of § 19( 1, sentence 7, of the 1st BImSchV.
    • To determine whether the discharge conditions under § 19(1) of the 1st BImSchV are being met or, if applicable, whether a case of disproportion within the meaning of § 19(1), sentence 7, of the 1st BImSchV, a review must be conducted pursuant to § 14(1) of the 1st BImSchV, the competent district chimney sweep is responsible
    • the grounds for a finding of disproportionateness within the meaning of this option should be chimney sweep in a comprehensible manner

  • Competent Authority

    Fulda District – Department of Construction and Housing 

  • What fees apply?

    There is a fee for processing an application for an exemption.


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