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TM44 Air Conditioning Inspection Report Environmental Compliance Audit of Local Authorities

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Dear Cheshire West and Chester 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 Trading Standards 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 Government Non-Domestic EPC Register contains all records of existing TM44 Air Conditioning Inspection Reports, with expiry dates. Buildings not shown on the Register are non-compliant. Do you make use of the Register?
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

FOI West, Cheshire West and Chester Council

RE: Your request under the Freedom of Information Act 2000

 

Case Reference: RFI 2052

 

Dear Paul Evans

 

Thank you for your email dated 18/12/2019.

 

It will be treated as a request within the meaning of the Act: this means
that we will send you a full response within 20 working days, either
supplying you with the information which you want, or explaining to you
why we cannot supply it.

 

If we need any further clarification or there is any problem we will be in
touch.

 

 

Disclosures Team

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

 

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FOI West, Cheshire West and Chester Council

Dear Paul Evans,

 

Thank you for your request for information of 18^th December 2019 which
has been logged as RFI 2052 and has been dealt with under the Freedom of
Information Act 2000. We confirm that Cheshire West and Chester Council
holds information relating to your request.

 

For the purpose of clarity your request has been reproduced below, with
responses;

 

Q1. Have you set up a Trading Standards Officer to implement an active
TM44 compliance programme. Provide that person’s name and details. 

 

Q2. If you have not set up your compliance programme, when do you expect
to do so, and who is in charge of the process? 

 

There is no statutory duty for the Council to implement an active
compliance programme. The statutory duty in the Energy Performance of
Buildings (England and Wales) Regulations 2012 is to enforce the relevant
regulations. TM44 is a Technical Memorandum issued by the CIBSE as
guidance on conducting air conditioning inspections, it is not issued as
guidance to local authorities. Regulatory Services enforces a large volume
of legislation and Cheshire West and Chester Regulatory Services
undertakes rigorous service planning in prioritising the many competing
demands for their services. In the absence of any complaints or enquiries,
enforcement of the Regulations has not been deemed a priority within the
Regulatory Services Team. 

 

Q3. What specific actions have you undertaken to check on all building
operators with air conditioning in your Borough?

 

The provision of/or extension of an air conditioning system within a
commercial building is classed as a change to the buildings energy status.
As such it is considered notifiable work under the Building Regulations.
However the Building Regulations are only concerned about the energy usage
of the system and do not require inspection of its operation to take
place. The building regulations only apply to new building work and not
pre-existing systems in existing buildings.

 

Q4. How do you notify affected organisations, and how much notice do you
give them before issuing a fine?

We currently have no specific procedural rules in place. Our published
Enforcement Policy applies, these can be viewed on our website
[1]www.cheshirewestandchester.gov.uk   

 

Q5. The Government Non-Domestic EPC Register contains all records of
existing TM44 Air Conditioning Inspection Reports, with expiry dates.
Buildings not shown on the Register are non-compliant. Do you make use of
the Register?

 

We would use the Register, should we receive an enquiry

 

Q6. The fine is £300.00 per building for non-compliance, do you reinvest
fines and allocate to the Department issuing notices?

 

Any income generated from PCN’s in relation to this would be used to
offset the cost of enforcement

 

 

 

We trust this answers your queries.

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction. Where applicable, the Council has also
told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Disclosures Team within
40 working days from the date of the Council’s response.

 

You are entitled to a review by the Council if:

•             You are dissatisfied with the Council’s explanation of why
the application was not dealt with within the 20 working day time limit.

•             All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

•             A reason for the disclosures under the request being refused
is not received.

•             You consider that exemptions have been wrongly applied,
and/or

•             You consider that a fee has been wrongly applied.

 

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking. The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Disclosures Team can be contacted by email via:
[2][Cheshire West and Chester Council request email] or at the following address:

 

Disclosures Team

Cheshire West and Chester Council

4 Civic Way

Ellesmere Port

CH64 0BE

 

The Disclosures Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:

 

[3]https://www.cheshirewestandchester.gov.u...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [4]www.ico.org.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

 

Disclosures Team – Customer Relations and Information

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [5][email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

 

 

FD

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References

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1. http://www.cheshirewestandchester.gov.uk/
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3. https://www.cheshirewestandchester.gov.u...
4. http://www.ico.org.uk/
5. mailto:[email address]

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