(1)This section applies to any furnace served by a chimney.
(2)An occupier of a building shall not knowingly cause or permit a furnace to be used in the building—
(a)to burn pulverised fuel;
(b)to burn, at a rate of 45.4 kilograms or more an hour, any other solid matter; or
(c)to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter,
unless the height of the chimney serving the furnace has been approved for the purposes of this section and any conditions subject to which the approval was granted are complied with.
(3)If on any day the occupier of a building contravenes subsection (2), he shall be guilty of an offence.
(4)A person having possession of any fixed boiler or industrial plant, other than an exempted boiler or plant, shall not knowingly cause or permit a furnace of that boiler or plant to be used as mentioned in subsection (2), unless the height of the chimney serving the furnace has been approved for the purposes of this section and any conditions subject to which the approval was granted are complied with.
(5)If on any day a person having possession of any boiler or plant contravenes subsection (4), he shall be guilty of an offence.
(6)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7)In this section “exempted boiler or plant” means a boiler or plant which is used or to be used wholly for any purpose prescribed in regulations made by the Secretary of State; and the height of a chimney is approved for the purposes of this section if approval is granted by the local authority or the Secretary of State under section 15.