2022

EH013 - Measuring gas or fumes from a neighbour’s log burner - 191222     

A member authority is currently investigating a case whereby a resident is reporting that since their neighbour have had a log burner installed, they are now experiencing fumes and an odour from their own fire when next door have the log burner on, they have also said that the installation has caused damage to their dividing wall.

They have reported this to the local authority and are stating the fumes are impacting on their health and they are contemplating moving out of the property until it is safe to return.

The fire service has been out twice to calls from the complainant and carried out carbon monoxide monitoring on both occasions, on the first visit no haze was witnessed and no adverse readings, on the second visit a haze was visible in the complainants address however, no adverse readings from the carbon monoxide tests.

The owner of the log burner was told not to use the log burner until someone had been to inspect it.

The enquiring authority’s understanding of the act suggests that they can serve an abatement notice for fumes or gases emitted from residential premises (s.79(1)(c) and s.79(4)), however, they have never had to do this, so they are trying to find out whether any other authorities have dealt with anything similar in the past and if so, what actions were taken.

The enquiring authority’s legal team have said, would they have to have some sort of expert evidence? “fumes” are defined as any airborne solid matter smaller than dust and “gas” is defined as including vapour and moisture precipitated from vapour – They are therefore asking how they know as to what is coming from the wood burner, i.e.  is it either a fume or gas?

They are therefore asking whether any other authority uses any equipment to investigate these types of reports and if so, could they provide details?