- Statutory Instrument 2006 No. 2704
The Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2006
© Crown Copyright 2006
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2006, ISBN 0110751868. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 11th October 2006 | ||
| Laid before Parliament | 17th October 2006 | ||
| Coming into force | 10th November 2006 |
The Secretary of State makes the following Order in exercise of the powers conferred by section 21 of the Clean Air Act 1993[1].
He is satisfied that the fireplaces exempted by this Order can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.
Citation, application and commencement
1. This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2006; it applies in England and comes into force on 10th November 2006.
Fireplaces exempted from section 20 of the Clean Air Act 1993
2. The fireplaces in the Schedule are exempt from the provisions of section 20 of the Clean Air Act 1993 (prohibition of smoke emissions in smoke control area) subject to the conditions in the Schedule.
Revocations
3. The following are revoked—
-
(a) the Smoke Control Areas (Exempted Fireplaces) (England) Order 2005[2]; and
(b) the Smoke Control Areas (Exempted Fireplaces) (England) Order 2006[3].
Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
11th October 2006
| Conditions | |||
| Fireplace | The fireplace must be installed, maintained and operated in accordance with the following specifications | Permitted fuel | |
| The Binder Wood Fired Boiler models RRK 22–49 (49 kW output) manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria. | The manufacturer's and Wood Energy Limited's instructions "Binder Equipment Installation, Commissioning and Maintenance" dated 17th May 2005, reference WELBinderManualrev0.doc, revision 0. | Wood pellets or wood chips (a). | |
| The Binder Wood Fired Boiler models RRK 80–175 (75–149 kW output) with cyclone models ZA 80–175 manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria. | The manufacturer's and Wood Energy Limited's instructions "Binder Equipment Installation, Commissioning and Maintenance" dated 17th May 2005, reference WELBinderManualrev0.doc, revision 0. | Wood pellets or wood chips (a). | |
| The Binder Wood Fired Boiler model RRK 130-250 (185-230 kW output), RRK 200-350 (250-300 kW output), RRK 400-600 (350-500 kW output) and RRK 640-850 (650-840 kW output) with cyclone model type ZA manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria. | The manufacturer's and Wood Energy Limited's instructions "Binder Equipment Installation, Commissioning and Maintenance" dated 17th May 2005, reference WELBinderManualrev0.doc, revision 0. | Wood pellets or wood chips (a). | |
| The Binder Wood Fired Boiler model RRK 1000 (1200 kW output) with multi-cyclone model MZA manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria. | The manufacturer's and Wood Energy Limited's instructions "Binder Equipment Installation, Commissioning and Maintenance" dated 17th May 2005, reference WELBinderManualrev0.doc, revision 0. | Wood pellets or wood chips (a). | |
| The Clearview Pioneer 400, Solution 400 and Pioneer Oven wood burning stoves fitted with a tamperproof mechanical stop on the air slide/damper manufactured by Clearview Stoves of More Works, Bishops Castle, Shropshire, SY9 5HH. | The manufacturer's instructions "Operating Instructions Clearview Vision/Vision Inset/Pioneer & Solution" dated 1st July 2006, reference V1/42, stamped and signed "Smoke Control". | Air-dried wood logs (a). | |
| The Dunsley Yorkshire Woodburning Stove manufactured by Dunsley Heat Limited. | The manufacturer's instructions dated 4th December 2004, reference D13W. | Untreated dry wood. | |
| The Dunsley Yorkshire Woodburning Stove and Boiler manufactured by Dunsley Heat Limited. | The manufacturer's instructions dated 4th December 2004, reference D13W together with the manufacturer's instructions dated 4th October 2004 reference GHD/DUN4B/1. | Untreated dry wood. | |
| The Orchard Ovens models: FVR Speciale 80, 100, 110, 110 × 160 and 120; TOP Superiore 100 and 120; GR 100, 120, 140, 120 × 160, 140 × 160, 140 × 180 and 180; OT 100, 120, 140, 120 × 160, 140 × 160, 140 × 180 and 180; the Valoriani Piccolo, all of which are manufactured by Valoriani of Via Caselli alla Fornace, 213, 50066 Reggello, Firenze, Italy. | The manufacturer's instructions dated 25th October 2004, references: | Untreated dry wood. | |
| Instruction | Model | ||
| OOLinst.1 | FVR 80 | ||
| OOLinst.2 | FVR 100 | ||
| OOLinst.3 | FVR 110 | ||
| OOLinst.4 | FVR 120 | ||
| OOLinst.5 | FVR 110 × 160 | ||
| OOLinst.6 | TOP 100 | ||
| OOLinst.7 | TOP 120 | ||
| OOLinst.8 | GR 100 and OT 100 | ||
| OOLinst.9 | GR 120 and OT 120 | ||
| OOLinst.10 | GR 140 and OT 140 | ||
| OOLinst.11 | GR 120 × 160 and OT 120 × 160 | ||
| OOLinst.12 | GR 140 × 160 and OT 140 × 160 | ||
| OOLinst.13 | GR 140 × 180 and OT 140 × 180 | ||
| OOLinst.14 | GR 180 and OT 180 | ||
| OOLinst.15 | Valoriani Piccolo. | ||
| The Quadra-Fire 2100 Millennium Freestanding Wood Burning Stove manufactured by Hearth & Home Technologies 1445 North Highway, Colville, WA 99114, USA. | The manufacturer's instructions dated 9th October 2003, reference 250–6931B. | Dry cured untreated wood of maximum size 38.1 cm × 10.16 cm × 5.08 cm. | |
| The Quadra-Fire Yosemite Freestanding Wood Burning Stove manufactured by Hearth & Home Technologies 1445 North Highway, Colville, WA 99114, USA. | The manufacturer's instructions dated 4th June 2003, reference 7004–187. | Dry cured untreated wood of maximum size 38.1 cm × 10.16 cm × 5.08 cm. | |
| The Quadra-Fire Cumberland Gap Freestanding Wood Burning Stove manufactured by Hearth & Home Technologies 1445 North Highway, Colville, WA 99114, USA. | The manufacturer's instructions dated 8th July 2003, reference 7006–186. | Dry cured untreated wood of maximum size 43.18 cm × 10.16 cm × 10.16 cm. | |
| The Type USP wood pellet-fired boilers, model numbers USP-10, 15, 20, 25 and 30, manufactured by KWB – Kraft und Wärme aus Biomasse Gesellschaft mit beschränkter Haftung (GmbH) of Industriestrasse 235, A- 8321 St. Margarethen an der Raab, Austria. | The manufacturer's instructions dated 28th July 2003, reference BA-USP 0703. | Wood pellets (a). | |
| The Type USV wood pellet- and wood chipfired boilers, model numbers USV-15, 25, 30, 40, 50, 60, 80 and 100, manufactured by KWB – Kraft und Wärme aus Biomasse Gesellschaft mit beschränkter Haftung (GmbH) of Industriestrasse 235, A-8321 St. Margarethen an der Raab, Austria. | The manufacturer's instructions dated August 2003, reference BA-USV 0803. | Wood pellets or wood chips(a). | |
| The Wood Waste Technology Heater, models WT10 and WT15, manufactured by Wood Waste Technology. | The manufacturer's instructions dated 19th January 2005, reference WT10 and WT15. | Hardwood and softwood offcuts (a). | |
(a) The fuel must not contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coatings.
(This note is not part of the Order)
This Order revokes and replaces the Smoke Control Areas (Exempted Fireplaces) (England) Order 2005 and the Smoke Control Areas (Exempted Fireplaces) (England) Order 2006.
It exempts the fireplaces in the Schedule from the provisions of section 20 of the Clean Air Act 1993 (prohibition of smoke emissions in smoke control area) subject to the conditions in the Schedule.
A regulatory impact assessment has not been produced as the instrument has no impact on the costs of business.
Notes:
[1] 1993 c. 11.back
ISBN 0 11 075186 8