Measurement of grit and dust from furnacesN.I.
11 .F1—(1) If a furnace to which Article 8 applies is used in any building the district council may, by notice in writing served on the occupier of the building, direct that the provisions of paragraph (2) shall apply to the furnace and those provisions shall apply accordingly.
(2) Where this paragraph is applied to a furnace, the occupier of the building shall comply with such requirements as may be prescribed as to—
(a)making and recording measurements from time to time of the grit, dust and fumes emitted from the furnace;
(b)making adaptations for that purpose to the chimney serving the furnace;
(c)providing and maintaining apparatus for making and recording the measurements; and
(d)informing the district council of the results obtained from the measurements or otherwise making those results available to it.
(3) The district council may, by subsequent notice in writing served on the occupier of the building, revoke any direction given under paragraph (1), without prejudice, however, to their power to give another direction under that paragraph.
(4) An occupier of a building who fails to comply with any requirements under paragraph (2) shall be guilty of an offence.
(5) In the case of a furnace to which Article 8 applies the occupier of the building in which the furnace is situate may, by notice in writing given to the district council, request the council to make and record measurements of the grit, dust and fumes emitted from the furnace.
(6) A notice given under paragraph (5) by the occupier of a building may be withdrawn by a subsequent notice in writing given to the district council by him or any subsequent occupier of that building.
(7) While a notice is in force under paragraph (5) the district council shall from time to time make and record measurements of the grit, dust and fumes emitted from the furnace to which the notice relates and the occupier shall not be under a duty to comply with any requirements under paragraph (2) in relation to the furnace, except those imposed by virtue of sub-paragraph ( b) of that paragraph.
(8) A direction under paragraph (1) applying paragraph (2) to a furnace shall contain a statement of the effect of paragraphs (5) to (7).
(9) The occupier of a building who by virtue of paragraph (2) is under a duty to make and record measurements of grit, dust and fumes emitted from a furnace in the building shall permit the district council to be present during the making and recording of those measurements.
F1prosp. rep. by 1997 NI 18