TM44 Air Conditioning Inspection Report Environmental Compliance Audit of Local Authorities

The request was successful.

Dear Dumfries and Galloway Council,
This request relates to UK Environmental Legislation, specifically TM44 Air Conditioning Inspection Reporting, which is mandatory for air-conditioned buildings. You as a Local Authority are duty bound to actively manage compliance in your Borough and to issue notices/fine non-compliant organisations.
Q. Have you set up a Building Control Officer to implement an active TM44 compliance programme ? Provide that person’s name and details.
Q. If you have not set up your compliance programme, when do you expect to do so, and who is in charge of the process?
Q. What specific actions have you undertaken to check on all building operators with air conditioning in your Borough?
Q. How do you notify affected organisations, and how much notice do you give them before issuing a fine?
Q. The fine is £300.00 per building for non-compliance, do you reinvest fines and allocate to the Department issuing notices?

Yours faithfully,

Paul Evans

Dumfries and Galloway Council

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

Thank you for your request for information which was received on 23/12/2019 which we are dealing with in terms of the above legislation. We have given your request the unique reference 456431 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 24/01/2020.

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If you have any queries in the meantime, please contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

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Dumfries and Galloway Council

Please find below the Council's response to your request 456431 which was received on 23/12/2019.

Details of request: This request relates to UK Environmental Legislation, specifically TM44 Air Conditioning Inspection Reporting, which is mandatory for air-conditioned buildings. You as a Local Authority are duty bound to actively manage compliance in your Borough and to issue notices/fine non-compliant organisations.
Q. Have you set up a Building Control Officer to implement an active TM44 compliance programme ? Provide that person?s name and details.
Q. If you have not set up your compliance programme, when do you expect to do so, and who is in charge of the process?
Q. What specific actions have you undertaken to check on all building operators with air conditioning in your Borough?
Q. How do you notify affected organisations, and how much notice do you give them before issuing a fine?
Q. The fine is £300.00 per building for non-compliance, do you reinvest fines and allocate to the Department issuing notices?

Response:

Q. Have you set up a Building Control Officer to implement an active TM44 compliance programme ? Provide that person?s name and details.

The task falls to the Building Standards Service. No individual person has been allocated to this task. An individual from the BS team will be assigned the task on a case by case basis.

Q. If you have not set up your compliance programme, when do you expect to do so, and who is in charge of the process?

Compliance process is in place

Q. What specific actions have you undertaken to check on all building operators with air conditioning in your Borough?

Process is as outlined in the Building Standards Technical Handbook published by the Scottish Government

Q. How do you notify affected organisations, and how much notice do you give them before issuing a fine?

Process is as outlined in the Building Standards Technical Handbook published by the Scottish Government. No breaches exist at this present moment in time.

Q. The fine is £300.00 per building for non-compliance, do you reinvest fines and allocate to the Department issuing notices?

No fines have been issued by this local authority.

Please be aware that the Council holds the copyright, where applicable, for the information provided and it may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material not being used in a misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

If you require any further clarification, please contact us. However, if you are not satisfied with the way in which your request has been dealt with, you can request us to carry out an internal review of the decision by emailing [email address] or writing to us within 40 working days of receiving this response.

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made online at www.itspublicknowledge.info/Appeal or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind Regards

FOI Unit
Dumfries and Galloway Council

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy