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Section 3* Smoke from Furnaces.
This section requires, subject to the provisions thereof, that all new furnaces,
except domestic, be capable of being operated continuously without emitting smoke when burning
fuel of a type for which they were designed.
Sub-section 3 states "A furnace to which sub-section (l) of this section applies shall
not be installed in a building or in any such boiler or plant as is mentioned in the said
sub-section (l), unless notice of the proposal to install it has been given to the local
authority, and any person who installs a furnace in contravention of this sub-section or on
whose instructions a furnace is so installed shall be guilty of an offence."
If the plans and specification for a new furnace are submitted to and approved by
a local authority the installation will be deemed to comply with the provisions of the
section, so it will not be an offence under this section if the furnace should at any time
emit smoke. There is, however, nothing to preclude action for offences under the other
sections of the Act.
It is an offence to install a new furnace without previously notifying the local
authority. It should be noted that notification is obligatory, but that the submission of
plans for approval is optional.
As has been stated above, in this connection the appropriate officers have considered
the implications of the section and agreed that the Borough Engineer and Medical Officer of
Health jointly examine all proposals submitted and report to the Health Committee accordingly.
Section 10A Height of Chimneys.
Section 10 of the Act arises directly from paragraph 106 of the Beaver Report
which states
"Special attention should be given both by the local authorities and the developers
to the height of new chimneys in order to secure adequate dispersal of the dust and sulphur
oxides in the chimney gases".
The section provides that a Local Authority shall reject the plans for a building
outside London (other than a building used, or to be used, as a residence, shop or office)
unless they are satisfied that the height of a chimney shown on the plans will be sufficient
to prevent, as far as practicable, the smoke, grit, dust or gases from becoming prejudicial
to health. Regard must be given to
(a) the purpose of the chimney,
(b) the position and description of building near thereto,
(c) the levels of the neighbouring ground, and
(d) any other matters requiring consideration in the circumstances.
When considering the technical considerations governing the height of chimneys,
regard should be had to the definition of "practicable" in Section 34. This reads:-
"practicable" means reasonably practicable having regard, amongst other things,
to local conditions and circumstances, to the financial implications and to the current
state of technical knowledge, and "practicable means" includes the provision and maintenance
of plant and proper use thereof.
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