Mr. Li, who lives in a high-rise building, was suffering from the low-frequency noise emitted by the elevator all year round, and he could not solve the noise problem after five years, so he sued the elevator installation company and the maintenance company. A few days ago, the First Intermediate People's Court made a judgment on the case.
Since the elevator was installed in Mr. Li's building in 2018, Mr. Li often hears the humming sound of the elevator at home, although the noise is not loud, but this low-frequency noise is particularly obvious at night.
The appellee, Mr. Li, said: "I first asked the Pudong Environmental Protection Bureau to conduct the test, and they tested it after 10 p.m., and the noise at night exceeded the standard. ”
Mr. Li believes that low-frequency noise seriously affects normal life, and residential elevators should meet the standards of Class 1 sound environment functional areas in the "Sound Environment Quality Standards". As a result, the elevator installation company and the maintenance company were sued in court, requiring the installation company to rectify the elevator and bear more than 10,000 yuan for mental damages. In this regard, the elevator installation company and the maintenance company said that after two maintenance and rectification, the elevator has reached the standard of Class 2 sound environment functional area.
The appellant's elevator installation company said in court: "I have been doing elevators for decades, and it is the first time I have tested them at home!."The elevator has a standard, the elevator technical conditions have a measure of noise, rated operation, the noise of the machine room is less than or equal to 80 decibels, the process of opening and closing the door is less than or equal to 65 decibels, after several tests, including the test of their own engineers, are about 30 decibels. ”
After trial, the court held that the installation of shock-absorbing equipment was not considered at the beginning of the installation of the elevator involved in the case, and the noise generated by the elevator in the long-term operation state was significantly higher than that of the elevators in other buildings, and the inadequate installation and maintenance of the elevators were the main reasons for the low-frequency noise.
Judge Lu Ying of Shanghai No. 1 Intermediate People's Court: "We believe that the standard of the second-class living environment functional area of the community is actually the delineation of a large-scale standard, and we believe that in the residence, it is necessary to meet the standard of a very quiet and in line with the standard of life and rest, so we finally adopt the standard of the first-class living environment functional area." ”
In the end, the First Intermediate People's Court ruled that the elevator installation company and the maintenance company should bear 80% and 20% of the compensation liability respectively according to the infringement and damage consequences, and continue to rectify and optimize the noise problem.
Take a look at the news knews reporter Pan Wenting.