Smoke Control Order Enforcement

Smoke from domestic chimneys is controlled by Smoke Control Orders, which restrict the types of fuels and fireplaces so that visible smoke is not persistantly emitted from the chimney. This is commonly referred to as a "smokeless zone".

 

All of the borough of Dudley is within a smoke control area therefore all combustion appliances must either burn smokeless fuel or the appliance must be an approved appliance to burn other fuels (wood, coal, etc) within a smoke control area.

 

It is an offence to burn any fuel in a fireplace – domestic or otherwise – unless it is a smokeless fuel or the appliance is specifically exempted by law (see exempted appliances below). This applies to any stove or appliance that is vented by a chimney so it includes greenhouse stoves and heaters. New properties built within Smoke Control Areas are also covered by this legal requirement.

 

Authorised smokeless fuels for open fires or unauthorised appliances in Smoke Control Areas include Anthracite, Sunbrite, Coalite and Homefire which can be ignited by bottled gas or firelighters. These fuels emit very low quantities of sulphur and 'particles' when burned. Further information about smokeless fuels and appliances is available on the HETAS website.

 

Exempted appliances
The Clean Air Act 1993 (section 21) provides powers for the Government to exempt fireplaces, stoves, boilers, etc., from the provisions prohibiting emissions of smoke in Smoke Control Areas and requiring people to burn only authorised smokeless fuels. Some exempted appliances are designed for home heating. Others such as small incinerators and boilers are used in industrial or commercial premises for burning specified materials, including particular types of waste material.

The process of exemption involves manufacturers applying to Defra, the appliances being tested to confirm that they are capable of burning an unauthorised or inherently smoky solid fuel without emitting smoke, and on passing being exempted by Order for general use in smoke control areas in England. A list of current exemptions with details of each appliance and materials and conditions which apply are available from Netcen website.

 

For further advice and guidance please contact us.