Information

The request was successful.

Dear Varndean College,

This request follows legal and mandatory legislation under the European Performance of Buildings Directive and specifically TM44 Air Conditioning Assessments certification. Your Air Conditioning Assessments Certificates should be readily available at all times and be lodged on the government Landmark database. Failure to have appropriate Certificates will be subject to fines of £300 per building, each week.

Q. It is a legal requirement that you hold valid TM44 Air Conditioning Assessments if any building has a total of more than 12kw of air conditioning present. Certificates are valid from 5 years of the issue date. Have you undertaken a TM44 Air Conditioning Assessments?
Q. Who is the responsible person for ensuring that your buildings are surveyed and assessed, please provide the name, address, email address and telephone number of the responsible person.
Q. If your TM44 Air Conditioning Assessments Certificates are in place, what is their expiry date?
Q. What was the order value of the works placed with the Company which undertook the work?
Q. Provide a breakdown of the price per building if available.
Q. How many Certificates were produced?
Q. Was the Assessor independent as required under the Regulations?
Q. Name the Assessor organisation.

Yours faithfully,

Paul Evans

Nicholas Carr, Varndean College

Dear Mr Evans
We consider this request to be of a commercially sensitive nature and as
such are not able to supply the information requested
Nicholas Carr, Executive Director of Resources, Varndean College, Brighton
^[1]Find us on Facebook[2] ^[3]Follow us on Twitter

References

Visible links
1. http://facebook.com/varndean
2. http://twitter.com/varndean
3. http://twitter.com/varndean

Dear Nicholas Carr,

You are mistaken in your application of the Freedom of Information Act 2000.

Commercial sensitivity is indeed a valid exemption (express provision within the Act) however this does not invalidate the request in totality. Rather you must apply this exemption to the relevant sub section within the request made.

Although addressed as a freedom of information request, the compendium of the topic; i.e have you undertaken a TM44 assessment? would fall within The Environmental Information Regulations 2004. For your reference I include the duty from the statutory implement.

5. (1) Subject to paragraph (3) and in accordance with paragraphs (2), (4), (5) and (6) and the remaining provisions of this Part and Part 3 of these Regulations, a public authority that holds environmental information shall make it available on request.
(2) Information shall be made available under paragraph (1) as soon as possible and no later than 20 working days after the date of receipt of the request.
(3) To the extent that the information requested includes personal data of which the applicant is the data subject, paragraph (1) shall not apply to those personal data.
(4) For the purposes of paragraph (1), where the information made available is compiled by or on behalf of the public authority it shall be up to date, accurate and comparable, so far as the public authority reasonably believes.
(5) Where a public authority makes available information in paragraph (b) of the definition of environmental information, and the applicant so requests, the public authority shall, insofar as it is able to do so, either inform the applicant of the place where information, if available, can be found on the measurement procedures, including methods of analysis, sampling and pre-treatment of samples, used in compiling the information, or refer the applicant to a standardised procedure used.
(6) Any enactment or rule of law that would prevent the disclosure of information in accordance with these Regulations shall not apply.

Please respond within the 20 day statutory timescale as valid from the initial point of request.

Further information can be found on the portal on whatdotheyknow which has facilitated this request.

Yours sincerely,

Paul Evans

Steve Wright left an annotation ()

A search for "TM44" on WhatDoTheyKnow shows almost 1,000 similar requests have been submitted to schools, colleges, prisons, councils, etc. The various requesters (who all seem to share the same grammatical errors in their English) are quite aggressive in their responses to anyone who does not meet their request.
They claim to be undertaking "Departmental Research on compliance", but if so there is a fatal flaw in this - i.e. they ask if you have the certificates, to which you can answer "No", but as they do not ask if you actually need a certificate, the "No" answer could either mean you have not complied, or you don't need to comply.
Also, the statement that those who are non-compliant “will” be subject to a “fine of £300 a week per building" is pure nonsense and unnecessarily threatening. If convicted you "may" be liable for a fine of up to £300, but no-one is ever going to be taken to court every single week for the same offence.
Interestingly there is a firm based in Skelmersdale which does air conditioning surveys, and which makes a similarly misleading statement on its website.

Nicholas Carr, Varndean College

Here is response to FOI request

This request follows legal and mandatory legislation under the European
Performance of Buildings Directive and specifically TM44 Air Conditioning
Assessments certification. Your Air Conditioning Assessments Certificates
should be readily available at all times and be lodged on the government
Landmark database. Failure to have appropriate Certificates will be
subject to fines of £300 per building, each week.

Q. It is a legal requirement that you hold valid TM44 Air Conditioning
Assessments if any building has a total of more than 12kw of air
conditioning present. Certificates are valid from 5 years of the issue
date. Have you undertaken a TM44 Air Conditioning Assessments?  Yes
Q. Who is the responsible person for ensuring that your buildings are
surveyed and assessed, please provide the name, address, email address and
telephone number of the responsible person. Nicholas Carr Executive
Director Resources, Varndean College, Surrenden Road,
[1][email address], 01273 508011
Q. If your TM44 Air Conditioning Assessments Certificates are in place,
what is their expiry date? Jan 2020
Q. What was the order value of the works placed with the Company which
undertook the work? Commercial Information
Q. Provide a breakdown of the price per building if available. Commercial
Information
Q. How many Certificates were produced? 1
Q. Was the Assessor independent as required under the Regulations? Yes
Q. Name the Assessor organisation.  Hugill Property Inspections

Yours faithfully,

Paul Evans

Nicholas Carr, Executive Director of Resources, Varndean College, Brighton
[2][IMG]
[3][IMG]      [4][IMG]     [5][IMG]

References

Visible links
1. mailto:[email address]
2. https://www.varndean.ac.uk/
3. https://facebook.com/varndean
4. https://twitter.com/varndean
5. https://plus.google.com/+varndeancollege