Dear East Ayrshire 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?
Thank you for contacting East Ayrshire Council. This is an automated
response to advise you that your email has been received and is now being
If you are making a Freedom of Information request, you will receive a
response within 20 working days.
If your enquiry concerns any other matter, your email will be passed to
the relevant section for appropriate action to be taken.
Dear Mr Evans,
As you have asked for information from a Scottish Local Authority, the
Freedom of Information (Scotland) Act 2002 (FOISA) applies. In addition,
as you have requested environmental information, the Environmental
Information (Scotland) Regulations 2004 (EIRS) also apply. The Scottish
Information Commissioner has provided some guidance on how public
authorities should deal with requests where both FOISA and EIRS apply, to
avoid having to provide two responses to the one request. In line with
this guidance I am declining to consider this request under FOISA as the
exemption in FOISA Section 39(2) - environmental information applies, and
I intend to respond in line with EIRS.
Q. Have you set up a Building Control Officer to implement an active TM44
compliance programme ? Provide that person’s name and details.
Answer; East Ayrshire Council are responsible for all enforcement action
under the Building (Scotland) Act. All buildings with an air-conditioning
system with an effective rating of 12kW or more should have received their
first inspection within 5 years of the acceptance of completion. Any
report of failure to inspect an air conditioning system would be dealt
with the area surveyor and may lead to an enforcement notice and action
under section 26 of the Building (Scotland) Act 2003.
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?
Answer; As above.
Q. What specific actions have you undertaken to check on all building
operators with air conditioning in your Borough?
East Ayrshire Building Standards have had no requirement to pursue any
action under Section 26 of the Building (Scotland) Act 2003 in relation to
the inspection of an air conditioning system.
Q. How do you notify affected organisations, and how much notice do you
give them before issuing a fine?
Answer; Enforcement covers a range of options, including negotiation and
advice, direct action by the council to rectify the issue itself. The
council’s enforcement protocol provides a fair and transparent process for
dealing with issues of non-compliance. It also provides a proportional
approach to enforcement.
Q. The fine is £300.00 per building for non-compliance, do you reinvest
fines and allocate to the Department issuing notices?
N/A. Where compliance is not achieved, the owner has committed an offence
and the local authority can carry out any necessary works and recover
costs from the owner. A local authority is entitled to recover its costs
may make a charging order in favour of itself and register it in the
appropriate land register.
Any inspections of an existing air-conditioning system would be carried
out by accredited experts who are members of protocol organisations who
are approved by Scottish Government to carry out such inspections.
Information on current protocol organisations can be found on the Building
Standards Division web pages at www.scotland.gov.uk/epc
I trust this information is of assistance to you and I attach a leaflet
that sets out your rights with regards to making a request for
Head of Service
Planning & Economic Development
East Ayrshire Council, Headquarters, London Road, Kilmarnock KA3 7BU
Tel: 01563 57 6767
Email: [email address]
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