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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE FLOOR NOISE CONTROL OF MULTI-FAMILY HOUSING FACILITIES

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE FLOOR NOISE CONTROL OF MULTI-FAMILY HOUSING FACILITIES

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance shall be to prevent floor noise by prescribing matters necessary to control floor noise in multi-family housing facilities and contribute to the improvement of citizens' lives by resolving neighborly conflicts.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows:
1. The term "multi-family housing facilities" refers to facilities such as multi-family housing where two or more households jointly use the whole or part of the floor, wall, hallway, stair and other equipment of building but can live independently in the building.
2. The term "occupants, etc." refers to persons who fall under Article 2(1)7 of the Multi-Family Housing Management Act and any person who owns or leases and uses multi-family housing facilities.
3. The term "floor noise" refers to noise that is generated by the activity of occupants, etc. in multi-family housing facilities and may fall under Article 20(1) of the Multi-Family Housing Management Act and Article 2 of the Rules on Scope and Standards of Floor Noise in Multi-Family Housing.

Article 3 (Duties of the Mayor) The Mayor of Seoul Metropolitan City (hereinafter referred to as the "Mayor") shall endeavor to prevent floor noise and resolve any conflict arising therefrom so that occupants, etc. would not be disturbed by floor noise.

Article 4 (Rights and Obligations of Occupants, etc.) (1) Occupants, etc. shall have the right to live in an environment not disturbed by floor noise.
(2) Occupants, etc. shall endeavor to be considerate of neighbors by preventing floor noise and preventing neighbors from being disturbed by floor noise.
(3) Occupants, etc. shall cooperate with the municipal policy to prevent floor noise and resolve any conflict so that neighbors would not be disturbed by floor noise.

Article 5 (Relation with Other Ordinances) Except in cases specifically prescribed by relevant ordinances concerning floor noise control, what is prescribed by this Ordinance shall be followed.

CHAPTER II FORMULATION OF FLOOR NOISE CONTROL PLAN Article 6 (Formulation and Implementation of the Control Plan) (1) The Mayor shall formulate and implement a plan to control floor noise (hereinafter referred to as the "Control Plan") every year.
(2) The Control Plan shall include the following:
1. Objectives and directions of the Control Plan;
2. Major programs and plans;
3. Matters concerning promotion and education to prevent floor noise and resolve conflicts; or
4. Other matters necessary for the control of floor noise.

Article 7 (Surveys) The Mayor may conduct a survey of damage caused by floor noise in order to efficiently formulate and implement the Control Plan under Article 6.


CHAPTER III SUPPORT GROUP FOR RESOLUTION OF FLOOR NOISE CONFLICT Article 8 (Support Group for the Resolution of Floor Noise Conflict) (1) The Mayor may organize and operate a support group to resolve conflicts caused by floor noise (hereinafter referred to as the "Support Group") to enforce policies for floor noise control and solve civil petitions.
(2) The Support Group shall comprise experts in environment, architecture, and noise, persons with experience in civil petition counseling, mediation of conflict, etc. in light of their gender, etc.

Article 9 (Functions) The Support Group shall perform the following:
1. Counseling of civil petitions as to floor noise and mediation of conflict arising therefrom;
2. Instruction on the organization and operation of autonomous floor noise mediation organizations; or
3. Other important matters related to the control of floor noise that are recognized to be relevant by the Mayor.

Article 10 (Counseling of Floor Noise Civil Petitions and Mediations of Conflict) (1) It shall be deemed that the scope of civil petition counseling and mediation of conflict under subparagraph 1 of Article 9 shall be floor noise arising from multi-family housing facilities in Seoul Metropolitan City.
(2) The followings may be subject to the civil petition counseling and mediation of conflict:
1. Where a request or a recommendation of the autonomous floor noise mediation organization is refused;
2. Where a conflict is not solved notwithstanding mediation by the autonomous floor noise mediation organization; or
3. Where the Mayor recognizes that it is required to mediate conflicts caused by floor noise.
(3) Civil petition counseling and mediation of conflict shall be conducted in the following order; Provided, That where the Mayor recognizes as necessary, the following order may be changed or the procedures under any of the subparagraphs may be omitted:
1. Counseling or mediation by phone, writing, or online;
2. On-site counseling; or
3. Noise measurement.
(4) The occupant, etc. and the autonomous floor noise mediation organization shall actively cooperate in the civil petition counseling and mediations of conflict.

Article 11 (Measurement of Floor Noise) (1) Where a party (hereinafter referred to as the "Party") who receives the civil petition counseling and mediations of conflict under Article 10 requests, the Mayor may measure the floor noise. In such cases, the floor noise shall be measured only once for each matter.
(2) Where the Party requests to measure under paragraph (1), the Party shall prepare and submit a daily log of the floor noise to the Mayor.
(3) The Mayor shall measure the floor noise within 30 days from the date of request, unless there is a compelling reason not to do so; Provided, That the measurement may be postponed only once at the request of the Party.
(4) The Mayor may return a request in the following cases:
1. Where it is impossible to contact the Party (by phone, text message, etc.);
2. Where it is determined that the cause of the floor noise ceases to exist;
3. Where the Party postpones the measurement twice or more; or
4. Where the Mayor recognizes that it is of little necessity to measure.


CHAPTER IV AUTONOMOUS FLOOR NOISE MEDIATION ORGANIZATIONS Article 12 (Autonomous Floor Noise Mediation Organizations) The following autonomous mediation organizations may be established for the occupant, etc. of multi-family housing facilities to mediate any conflict caused by floor noise:
1. The floor noise control committee organized in the multi-family housing subject to the mandatory control under Article 2 of the Enforcement Decree of the Multi-Family Housing Management Act; or
2. The floor noise community communication committee for the occupant, etc. in multi-family housing facilities for which it is difficult to organize the floor noise control committee under subparagraph (1) above.

Article 13 (Organization of the Floor Noise Control Committee) (1) The Mayor may recommend the occupant representative council under Article 2(1)8 of the Multi-Family Housing Management Act to organize the floor noise control committee (hereinafter referred to as the "Control Committee") composed of the occupant, etc. in order to perform the following tasks:
1. Enactment of the living rules in light of floor noise;
2. Autonomous mediation of floor noise conflict;
3. Promotion and survey of the prevention of floor noise;
4. Guide on the procedures for conciliation of floor noise mediation organization;
5. Education for prevention of floor noise; or
6. Other matters necessary for the resolution of conflict caused by floor noise.
(2) Matters concerning organization, operation, required expenses, education expenses, consultation expenses, etc. of the Control Committee may be determined by the occupant representative council.

Article 14 (Organization of Floor Noise Community Communication Committee) (1) The Mayor may recommend heads of districts to organize and operate the floor noise community communication committee (hereinafter referred to as the "Community Communication Committee") for the occupant, etc. in multi-family housing facilities where it is difficult to organize the Control Committee.
(2) Matters concerning organization, operation, etc. of the Community Communication Committee under paragraph (1) above shall be determined separately by heads of districts.
(3) The Mayor may provide, within the scope of their budget, supports for meeting allowances and activities necessary for the Community Communication Committee to perform its duties.

Article 15 (Support) (1) The Mayor may provide members of the autonomous mediation organization with supports for education necessary to mediation conflict caused by floor noise.
(2) The Mayor may grant additional points to multi-family housing facilities that establish the autonomous mediation organization when such facilities file an application for community revitalization programs.


CHAPTER V EDUCATION, ETC. Article 16 (Preventive Education) The Mayor may conduct preventive education for citizens of Seoul Metropolitan City to prevent floor noise and resolve any conflict arising therefrom, and may request education to designated environmental education institutions, such as environmental education center, local environmental education center, etc. under Article 16 of the Environmental Education Promotion Act.

Article 17 (Promotions) The Mayor may publish or distribute promotional materials for the prevention of floor noise and the resolution of conflict or promote through press media.

Article 18 (Citations) The Mayor may award a citation to any institution, organization, or individual that contributes to the creation of sound living conditions for communities by preventing and resolving any conflict autonomously caused by floor noise in accordance with the Seoul Metropolitan Government Ordinance on Citations.

Addenda <Ordinance No. 6692, Jan. 4, 2018>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Revision of Other Ordinances)
The Seoul Metropolitan Government Ordinance on the Management of Multi-Family Housing is partially revised as follows:
Article 7 is deleted.