Air Conditioning Inspection Report Compliance Audit (commonly known as an ACI TM44)

Jane Meadows made this Freedom of Information request to Oxford City Council

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The request was successful.

Dear Oxford City Council,

This request relates to TM44 Air Conditioning Inspection Reporting, which is mandatory for buildings which are air conditioned above a statutory minimum size. Ministry of Housing, Communities and Local Government has recently taken over compliance.

Q. How many buildings do you occupy which have air conditioning. Provide addresses?
Q. Who is the responsible person for ensuring that your buildings are legally compliant on the TM44 requirement? Provide the name, position, address, email address and direct telephone number of the responsible person.
Q. All reports are mandatorily lodged on the MHCLG database. No reports are currently lodged or are out of date, you are therefore non-compliant. When do you intend to rectify the situation?
Q. Air conditioning and air handling systems can cause increased risk of Covid-19 spread, have you included the TM44 into your return to work risk assessments?
Q. If you use a Facilities Management Company to manage compliance, who are they?

Yours faithfully,

Jane Meadows

freedomofinformation, Oxford City Council

Dear Ms Meadows,
 
Oxford City Council – Reference:9527
 
Thank you for your email below.  Your request was received on 1^st October
2020 and you will be sent a response within 20 working days (of receipt)
in accordance with the Freedom of Information Act 2000/ Environmental
Information Regulations 2004 (EIR), subject to the information not being
exempt or containing reference to a third party.
 
The Information Commissioner’s Office (ICO) recognises the unprecedented
challenges all are facing during the coronavirus (COVID-19) pandemic.
 
In particular they understand that resources, whether they are finances or
people, may be diverted away from usual compliance or information rights
work. Whilst the ICO can’t extend statutory timescales, they will not be
penalising public authorities for prioritising other areas or adapting
their usual approach during this extraordinary period.
 
Therefore while the Council will make every effort to comply with the
Statutory Requirements you may experience understandable delays when
making information rights requests during the pandemic.
 
Yours sincerely
 
 
Kathryn Winfield
Freedom of Information Officer 
 
Kathryn Winfield | Freedom of Information Officer | Oxford City Council |
Law and Governance |
St. Aldate's Chambers | Oxford | OX1 1DS | Email: [email address]
| T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 

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freedomofinformation, Oxford City Council

Dear Ms Meadows,
 
Oxford City Council – Reference:9527
 
Further to the acknowledgement below, unfortunately, responding to your
request has been delayed because of the need to reprioritise work during
the current coronavirus (COVID-19) pandemic.
 
The Information Commissioner’s Office (ICO) recognises the unprecedented
challenges all are facing during the coronavirus (COVID-19) pandemic.  In
particular, they understand that resources, whether they are finances or
people, may be diverted away from usual compliance or information rights
work.  Whilst the ICO cannot extend statutory timescales, they will not be
penalising public authorities for prioritising other areas or adapting
their usual approach during this extraordinary period.
 
Please be assured that the Council remains committed to dealing with your
request and I will reply as soon as I am able.
 
Yours sincerely
 
Kathryn Winfield
Freedom of Information Officer 
 
Kathryn Winfield | Freedom of Information Officer | Oxford City Council |
Law and Governance |
St. Aldate's Chambers | Oxford | OX1 1DS | Email:
[1][email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
 
_____________________________________________

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freedomofinformation, Oxford City Council

Dear Ms Meadows,
 
Oxford City Council – Reference:9527
 
Further to the email below, I can now respond to your Freedom of
Information Act 2000 request received on 1^st October 2020 as follows:
 
This request relates to TM44 Air Conditioning Inspection Reporting, which
is mandatory for buildings which are air conditioned above a statutory
minimum size. Ministry of Housing, Communities and Local Government has
recently taken over compliance.
 
Q. How many buildings do you occupy which have air conditioning. Provide
addresses? 
     8 buildings- please see below

OCC Buildings With Air Conditioning. 26/10/2020
Estates
BARTON NEIGHBOURHOOD CENTRE Underhill Circus, Headington, OX3 9LS
Oxford
ST. ALDATES CHAMBERS St Aldate's, Oxford OX1 1DS
TOWN HALL St Aldate's, Oxford OX1 1BX
Community Centres
EAST OXFORD COMMUNITY CENTRE - 44b Princes Street, Cowley, OX4 1DD
Oxford
ROSE HILL COMMUNITY CENTRE (NEW) The Oval, Rose Hill, Oxford OX4 4UY
Depots
COWLEY MARSH DEPOT Marsh Road, Oxford, OX4 2HH
HORSPATH DEPOT Horspath Road, Oxford. OX4 2RH
EX BROWN BROS. Horspath Road, Oxford. OX4 2RH

 
Q. Who is the responsible person for ensuring that your buildings are
legally compliant on the TM44 requirement?
Provide the name, position, address, email address and direct telephone
number of the responsible person.
Paul Spencer, Certified Energy Manager, CMVP®, AEE | Energy & Carbon
Manager | Oxford City Council | St Aldate's Chambers, S.A . 1.7|109 St.
Aldate's | Oxford | OX1 1DS | T: 01865 252238
 
Q. All reports are mandatorily lodged on the MHCLG database. No reports
are currently lodged or are out of date, you are therefore non-compliant.
When do you intend to rectify the situation? 
 
We are compliant. All units that are required to have a TM44 report (i.e.
the units that are over the statutory minimum size) have a TM44 report.
 
We are carrying out a review of all our buildings containing air
conditioning to determine whether or not alternations or additions to the
properties over time mean they are now over the statutory minimum size and
require a TM44 report. This review is expected to be completed in May
2021.
 
Under section 21 of the Freedom of Information Act 2000, the Council is
not required to respond to requests where the information sought is
reasonably accessible by other means. 
The reports can be found on the MHCLG database by searching the addresses
above via the following link: 
[1]https://find-energy-certificate.digital....
 
Q. Air conditioning and air handling systems can cause increased risk of
Covid-19 spread, have you included the TM44 into your return to work risk
assessments?  
We have not included TM44 reports in our return to work risk assessments
because most of our units are below the statutory minimum size to require
a TM44 and, for the units over the statutory minimum size, the TM44 report
only looks at the efficiency and energy usage of the air conditioning,
neither of which are relevant to the spread of a virus. However, we are
currently in the process of reviewing our operation and maintenance
procedures, so this approach may change in the future.
 
Q. If you use a Facilities Management Company to manage compliance, who
are they? 
We have no permanent Facilities Management Company
 
If you disagree with any part of the response to your request, you are
entitled to ask the Council for an internal review of the decision(s)
made.  You may do this by writing to the Monitoring Officer, by either
email – [2][email address] – or by post to Monitoring Officer,
Oxford City Council, St Aldate’s Chambers, St Aldate’s, Oxford, OX1 1DS. 
After the result of the internal review, if you remain dissatisfied, you
may ask the Information Commissioner to intervene on your behalf.  You may
do this by writing to the Information Commissioner's Office, Wycliffe
Lane, Wilmslow, Cheshire, SK9 5AF.
 
Yours sincerely
 
Kathryn Winfield
Freedom of Information Officer 
 
Kathryn Winfield | Freedom of Information Officer | Oxford City Council |
Law and Governance |
St. Aldate's Chambers | Oxford | OX1 1DS | Email:
[3][email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
_____________________________________________

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