Guidance on the Control of Odour and Noise from ... - Defra

British Standards, and guidance from government departments. This section aims to
summarise the relevant legislation as well as guidance available.
3.2.1 Relevant legislation
� The Building Regulations 2000 [10] (in response to the Building Act 1984)
The main purpose of the Building Regulations is to protect the Health and Safety of
people in and around buildings. It is necessary to gain approval under the Building
Regulations for any new building, or any change to an existing building that involves
changes to the building structure. The Regulations are split into 14 parts, of which the
following are particularly applicable to commercial kitchens:
• Part B: Means of escape in the event of a fire, internal fire spread, external
fire spread including access and facilities for the fire service;
• Part F: Ventilation of buildings; and
• Part J: Air supply to heat producing appliances, discharge of the products
of combustion and the protection of buildings from the risk of fire due to
heat producing appliances, chimneys and flues.
Part B and Part J relate to fire safety in the kitchen, and are discussed further in the
section on fire safety. Part F is more specific to the requirements for the design of
ventilation systems in general. In terms of commercial kitchens, Part F refers to the
CIBSE (Chartered Institution of Building Services) Guide B2 [11] , section 3.6 sets out
the requirements for ventilation systems in commercial kitchens. Complimentary to
this, is Guide B3 [12] , which specifically deals with ductwork connected to ventilation
systems. As well as providing general design criteria, there are sections dealing
specifically with noise and fire issues.
� The Environmental Protection Act 1990 [8]
This Act places a duty on the Local Authority to investigate the likely occurrence of
statutory nuisance and where it does occur to require and enforce implementation of
measures to rectify them. Statutory nuisance is defined under the EPA 1990 for
England and Scotland and includes, in relation to noise and odour:
a) any fumes or gases emitted from premises so as to be prejudicial to health or
cause a nuisance;
b) any dust, steam, smell or other effluvia arising on industrial, trade or business
premises and being prejudicial to health or a nuisance; and
c) noise emitted from premises so as to be prejudicial to health or a nuisance.
In Northern Ireland Statutory nuisance is defined under the Local Government (NI)
Order ‘78/ Public Health (Ireland) Act 1878 as:
a) any factory, workshop, or workplace not kept in a cleanly state, or not
ventilated in such a manner as to render harmless as far as practicable any
gases, vapours dust, or other impurities generated in the course of the work
carried out therein that are a nuisance or prejudicial to health, or so
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