LegalizeThe Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2008
Made: 3 December 2008
Laid before the National Assembly for Wales: 4 December 2008
Coming into force: 31 December 2008
The Welsh Ministers in exercise of the powers conferred upon the Secretary of State by section 21 of the Clean Air Act 1993[^f00001] and now vested in the Welsh Ministers[^f00002], and being satisfied that the classes of fireplace exempted by this Order can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke, hereby make the following Order:
Title, commencement, and application
1
- (1) The title of this Order is the Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2008 and it comes into force on 31 December 2008.
- (2) This Order applies in relation to Wales.
Classes of Fireplaces exempted from Section 20 of the Clean Air Act 1993
2
The classes of fireplace described in the Schedule are, upon the conditions therein specified, exempted from the provisions of Section 20 of the Clean Air Act 1993 (which prohibits smoke emissions in smoke control areas).
Revocation
3
The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2006 (S.I. 2006/2980 (W.271)) is revoked.
SCHEDULE — CLASSES OF FIREPLACE WHICH ARE EXEMPT
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s and Wood Energy Limited’s instructions entitled Binder Equipment Installation, Commissioning and Maintenance dated 17 May 2005, reference WELBinderManualrev0.doc, revision 0.
2
No fuel is to be used other than wood pellets or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s and Wood Energy Limited’s instructions entitled Binder Equipment Installation, Commissioning and Maintenance dated 17 May 2005, reference WELBinderManualrev0.doc, revision 0.
2
No fuel is to be used other than wood pellets or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s and Wood Energy Limited’s instructions entitled Binder Equipment Installation, Commissioning and Maintenance dated 17 May 2005, reference WELBinderManualrev0.doc, revision 0.
2
No fuel is to be used other than wood pellets or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s and Wood Energy Limited’s instructions entitled Binder Equipment Installation, Commissioning and Maintenance dated 17 May 2005, reference WELBinderManualrev0.doc, revision 0.
2
No fuel is to be used other than wood pellets or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated April 2005, reference Bedienungsanleitung Englisch v2.0 doc.
2
No fuel is to be used other than wood chips, wood pellets, or planed wood shavings, but excluding any such chips or pellets or shavings which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated April 2005, reference Bedienungsanleitung Englisch v2.0 doc.
2
No fuel is to be used other than wood chips, wood pellets, or wood shavings but excluding any such pellets or chips or shavings which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions entitled Operating Instructions Clearview Vision/Vision Inset/Pioneer & Solution dated 1 July 2006, reference V1/42, stamped and signed Smoke Control.
2
No fuel is to be used other than air-dried wood logs, but excluding any such logs which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 20 February 2007, reference 161 505 27 06/1.
2
No fuel is to be used other than wood pellets but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions, reference PM250 Issue 1.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 5 August 1998, reference A/22160 as amended by those dated 4 December 2004, reference D13.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 5 August 1998, reference A/22160 as amended by those dated 4 December 2004, reference D13.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 5 August 1998, reference A/22160 as amended by those dated 4 October 2004, reference GHD/DUN4B/1.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 4 December 2004, reference D13W.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 4 December 2004, reference D13W together with the manufacturer’s instructions dated 4 October 2004, reference GHD/DUN4B/1.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 5 March 2007, reference 004275101 011.
2
No fuel is to be used other than wood pellets, but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 2 October 2006, reference 004275115 REV 005.
2
No fuel is to be used other than wood pellets, but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 28 August 2006, reference 004275128 REV 002.
2
No fuel is to be used other than wood pellets, but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 12 July 2006, reference 004275110 REV 011.
2
No fuel shall be used other than wood pellets, but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated June 2005, reference Bedienungsanleitung Firematic V 1.1 ENG doc.
2
No fuel is to be used other than chipped wood, wood pellets, or planed wood shavings, but excluding any such wood, pellets or shavings which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed in accordance with the manufacturer’s installation instructions dated November 2003, reference M 060 01 03. The fireplace must be maintained and operated in accordance with the manufacturer’s instructions dated August 2002, reference 99229a.
2
No fuel is to be used other than wood chips with less than 35 per cent moisture content that meet ONORM (a) M 7133; 1998 size class G30 but excluding any such chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed in accordance with the manufacturer’s installation instructions dated November 2003, reference M 060 01 03.
2
No fuel is to be used other than wood chips with less than 35 per cent moisture content that meet ONORM (a) M 7133; 1998 size class G30 but excluding any such chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated August 2003, reference BO310003.
2
No fuel is to be used other than wood pellets, or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated November 2004, reference B0340004.
2
No fuel is to be used other than wood pellets, or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated January 2007, reference Gilles/0-145/1.
2
No fuel is to be used other than wood pellets, or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated January 2007, reference Gilles/150-300/1.
2
No fuel is to be used other than wood pellets, or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s operating instructions dated January 2008, reference Gilles 360/1.
2
No fuel is to be used other than wood pellets or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s operating instructions dated January 2008, reference Gilles 360/1
2
No fuel is to be used other than wood pellets or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s technical information and installation instructions dated October 2005, reference 4 204794/00 and operating instructions dated January 2006, reference 4 204 793/01.
2
No fuel is to be used other than wood pellets, but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s technical information and installation instructions dated June 2007, reference 4 204 794/01 and 4 204 793/02.
2
No fuel is to be used other than 6mm diameter wood pellets but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s technical information and installation instructions dated January 2006, reference 4 205 194/00 and 4 205 193/00 dated June 2006.
2
No fuel is to be used other than Wood logs with less than 20% moisture but excluding any such logs which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s technical information and installation instructions dated November 2007, reference STUman/01.
2
No fuel is to be used other than 6mm diameter wood pellets but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s operating instructions dated June 2008, reference STU/man/01/1.
2
No fuel is to be used other than 6mm diameter wood pellets, but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instruction manual, reference PM 249 Issue 1. A permanent stop must be in place on the secondary inlet to prevent closure beyond the 75 per cent open position.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with Euroheat Distributors (HBS) Limited’s operational instructions dated November 2006, reference IN1 141 Ed B.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 14 May 2008, reference BA TDS-05.2008.
2
No fuel is to be used other than wood pellets or wood chips but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated August 2005, reference BA TDS — 0805.
2
No fuel is to be used other than wood pellets or wood chips, but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 30 June 2007, issue No. 3.
2
No fuel is to be used other than seasoned logs of less than 20 per cent moisture and of a maximum length of 350mm, but excluding any such logs which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions reference 07/08.
2
No fuel is to be used other than untreated wood with less than 20 per cent moisture content but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 10 January 2008, reference 72146800.
2
No fuel is to be used other than wood logs with less than 20 per cent moisture, but excluding any such logs which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 4 February 2008, reference 72311200.
2
No fuel is to be used other than wood logs with less than 20 per cent moisture, but excluding any such logs which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 4 September 2007, reference 72610400.
2
No fuel is to be used other than wood logs with less than 20 per cent moisture, but excluding any such logs which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 1 January 2000, reference 72345600.
2
No fuel is to be used other than untreated dry wood which has been split, stacked and air dried; or air dried wood briquettes but excluding any such wood which contains halogenated organic. compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with Euroheat Distributors (HBS) Limited’s operational instructions dated January 2007, reference IN1 116 Edition D.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with Euroheat Distributors (HBS) Limited’s operational instructions dated November 2006, reference IN1 141 Edition B.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with Euroheat Distributors (HBS) Limited’s operational instructions dated November 2006, reference IN1 141 Edition B.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with Euroheat Distributors (HBS) Limited’s operational instructions dated January 2007, reference IN1 116 Edition D.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings
1
The fireplace must be installed, maintained and operated in accordance with Euroheat Distributors (HBS) Limited’s operational instructions dated November 2006, reference IN1 141 Edition B.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with Euroheat Distributors (HBS) Limited’s operational instructions dated April 2007, reference IN1 180 Edition C.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with Euroheat Distributors (HBS) Limited’s operational instructions dated January 2007, reference IN1 116 Edition C.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings .
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated February 2007, reference PE/HB/001.E.
2
No fuel is to be used other than wood pellets with a maximum diameter of 6mm and a maximum length of 4cm but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated March 2008, reference PBV 2000 CMP 1.4 (V2.31).
2
No fuel is to be used other than wood pellets with a maximum diameter of 6mm and a maximum length of 4cm but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 25 October 2004, references:
| Instruction | Model |
|---|---|
| OOL inst.1 | FVR 80 |
| OOL inst.2 | FVR100 |
| OOL inst.3 | FVR 110 |
| OOL inst.4 | FVR 120 |
| OOL inst.5 | FVR 110×160 |
| OOL inst.6 | TOP 100 |
| OOL inst.7 | TOP 120 |
| OOL inst. 8 | GR 100 andOT 100 |
| OOL inst.9 | GR 120 andOT 120 |
| OOL inst.10 | GR 140 andOT 140 |
| OOL inst.11 | GR 120×160 and OT 120×160 |
| OOL inst.12 | GR 140×160 and OT 140×160 |
| OOL inst.13 | GR 140×180 and OT 140×180 |
| OOL inst.14 | GR 180 andOT 180 |
| OOL inst.15 | Valoriani Piccolo |
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 9 October 2003, reference 250-6931B.
2
No fuel is to be used other than dry cured untreated wood of maximum size 38.1 cm × 10.16 cm × 5.08 cm but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 4 June 2003, reference 7004-187.
2
No fuel is to be used other than dry cured untreated wood of maximum size 38.1 cm × 10.16 cm × 5.08 cm but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 8 July 2003, reference 7006-186.
2
No fuel is to be used other than dry cured untreated wood of maximum size 43.18 cm × 10.16 cm × 5.08 cm but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 15 November 2007, entitled “Scan Andersen 4-5”, reference 09/05-GB
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions reference, PM176 — issue 4.
2
No fuel is to be used other than untreated dry wood but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated August 2003, reference BA-USV 0803.
2
No fuel is to be used other than wood pellets or wood chips but excluding any such pellets or chips which contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coatings.
1
The fireplaces must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 28 July 2003 reference BA-USP 0703.
2
No fuel is to be used other than wood pellets but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 2007, reference WF15 — WF16 — WF20 along with supplementary instructions reference 01 wfuk.2207.
2
No fuel is to be used other than untreated dry wood, but excluding any such wood which contains halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated August 2008, reference 092125/00.
2
No fuel is to be used other than wood pellets but excluding any such wood pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated May 2008, reference 0916197/00.
2
No fuel is to be used other than wood pellets but excluding any such pellets which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
1
The fireplace must be installed, maintained and operated in accordance with the manufacturer’s instructions dated 19 January 2005, reference WT10 and WT15.
2
No fuel is to be used other than hardwood and softwood offcuts, but excluding any such offcuts which contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings.
Signed
Jane Davidson — Minister for Environment, Sustainability and Housing, one of the Welsh Ministers — 3 December 2008
Explanatory note
(This note is not part of the Order)
Section 20 of the Clean Air Act 1993 (“the 1993 Act”) places a general prohibition on the emission of smoke in smoke control areas.
The Welsh Ministers may, by order made under section 21 of the 1993 Act, exempt specified classes of fireplace from the provisions of section 20, if they are satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.
This Order applies in relation to Wales.
This Order revokes and replaces with amendments the Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2006 (S.I. 2006/2980) (W.271).
Article 2 of the Order exempts the classes of fireplace listed in the first column of the Schedule to the Order from the provisions of section 20 of the 1993 Act, subject to the conditions in the second column of that Schedule.
A regulatory impact assessment has been prepared in connection with this Order. A copy can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.
Footnotes
[^f00001]: 1993 c. 11.
[^f00002]: The relevant powers of the Secretary of State were transferred to the National Assembly for Wales by Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and thereafter transferred to the Welsh Ministers by Section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).
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