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(a) that the contravention was due to the nature of the building and
equipment and not to failure in use or maintenance, and
(b) that it had not been practicable to make the alterations necessary to
prevent the emission of dark smoke.
On application, the local authority may at any time during the seven years
issue a certificate (for one year, but renewable) stating that they are satis
fied that it had not been practicable to make the required alterations. Such
a certificate may be limited to particular chimneys of a building.
GRIT AND DUST FROM FURNACES
SECTION 5 (Requirement that grit and dust from furnaces shall be minimised)
enacts that failure to use any practicable means there may be for minimising
the emission of grit and dust from any furnace used to burn solid fuel or solid
waste constitutes an offence.
SECTION 6 (Requirement that new furnaces shall be fitted with plant to arrest
grit and dust) provides that all new furnaces burning pulverized fuel or
burning one ton an hour or more of solid fuel in any other form must have grit
arresting plant installed in accordance with plans and specifications submitted
to and approved by the local authority. There is a right of appeal to the
Minister against a Council's refusal to approve plans.
SECTION 7 (Measurement of grit and dust emitted from furnaces) empowers the
Minister to make regulations covering the making and recording of measurements
of grit and dust emission, including the adaptation of the chimney, providing
and maintaining the necessary apparatus, and informing the local authority of
the results. Different regulations may be made for different types of
furnaces. These regulations will apply to furnaces burning pulverized fuel
and those burning more than one ton of fuel an hour, provided that the local
authority serves notice in writing to that effect. The Minister has to date
made no regulations under this section.
SECTION 8 (Information about furnaces and fuel consumed) enables a local
authority, for the purpose of performing their functions under Sections 6 and
7, to demand from an occupier such information as they may reasonably require
for that purpose Failure to give such information is an offence.
SECTION 9 (Grit and dust from outdoor furnaces, etc.) applies the provisions of
Sections 5, 6, 7 and 8 to the furnace of any boiler or industrial plant
attached to a building or for the time being fixed to or installed on any land.
SMOKE NUISANCES
SECTION 16 (Abatement of smoke nuisances) enacts that smoke other than that
from a domestic chimney or dark smoke from an industrial chimney shall, if it
is a nuisance to the inhabitants of the neighbourhood, be deemed to be a
nuisance which (in London) may be dealt with summarily under Section 282 of the
Public Health (London) Act, 1936 and the Fifth Schedule thereto.
SPECIAL CASES
SECTION 19 (Railway engines) extends the provisions of Section 1 of the Act
(Prohibition of dark smoke from chimneys) to railway locomotives.
SECTION 20 (Vessels) applies the provisions of Section 1 to vessels in specified
waters.
Public Health (London) Act, 1936. Sections 147 to 154 of this Act relating to
smoke are repealed as from 1st June, 1958.