TM44 Air Conditoning

Paul Evans made this Freedom of Information request to East Sussex County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Response to this request is long overdue. By law, under all circumstances, East Sussex County Council should have responded by now (details). You can complain by requesting an internal review.

Dear East Sussex County Council,

You will be aware that all buildings in the UK with more than 12kw of combined air conditioning should have what is called a TM44 Air Conditioning Assessment lodged on the Government Landmark database every 5 years. Your buildings appear to have not got these Certificates and may be unlawful.

When do you intend to get these TM44 surveys undertaken?

Climate change is important, why have you not complied with this Legislation?

Who, specifically, is responsible for this issue; please supply all contact details?

We are compiling a register of non-compliant Organisations, please be aware that your responses will be tracked for use and forwarded to Government Departments.

Yours faithfully,

Paul Evans

Freedom of Information, East Sussex County Council

 

 

Dear Mr Evans

 

EIR Request ref:  6462 / TM44 Air Conditoning

 

Thank you for your request for information about the above. Your request
was received on 2/12/2015 and I am dealing with it under the terms of the
Environmental Information Regulations 2004.

We always aim to respond as quickly as possible, and in this case will do
so no later than 2/1/2016, which is the 20 working day deadline. The
deadline is counted from the first working day we receive it, not the date
a letter is written / posted or an email sent.

In some circumstances a fee may be payable and if that is the case, I will
let you know. A fees notice will be issued to you, and you will be
required to pay before we proceed in dealing with your request.

Please quote the above reference number in any communication regarding
this request.

 

Yours sincerely

 

 

 

Jeremy Coleman

Customer Information Officer

 

East Sussex County Council

Communities Economy and Transport Directorate

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [1][East Sussex County Council request email]   web: [2]www.eastsussex.gov.uk/foi

P  please consider the environment - do you really need to print this
email

 

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References

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1. mailto:[East Sussex County Council request email]
2. http://www.eastsussex.gov.uk/foi

Freedom of Information, East Sussex County Council

 

 

Dear Mr Evans

 

EIR Request ref:  6462 / TM44 Air Conditoning

 

Thank you for your request for information about the above, which has been
dealt with under the terms of the Environmental Information Regulations
2004. Your request and our response are set out below. Please note that
any information we provide is subject to the copyright and reuse of
information terms and conditions set out at the bottom of this email.

 

REQUEST

 

     You will be aware that all buildings in the UK with more than 12kw

     of combined air conditioning should have what is called a TM44 Air

     Conditioning Assessment lodged on the Government Landmark database

     every 5 years. Your buildings appear to have not got these

     Certificates and may be unlawful.

    

     When do you intend to get these TM44 surveys undertaken?

    

     Climate change is important, why have you not complied with this

     Legislation?

    

     Who, specifically, is responsible for this issue; please supply all

     contact details?

 

RESPONSE

 

1.    Most East Sussex County Council (ESCC) buildings do not have air
conditioning with a combined capacity in excess of the 12kw threshold that
requires a TM44 Air Conditioning Assessment. Where they do, the
assessments have been carried out.

    

2.    For ESCC sites that do exceed the 12kw threshold for TM44 Air
Conditioning Assessments the required assessments have been undertaken at
the time that the legislation came in. These will require renewal in 2016
which we have procured a contractor to undertake.

    

3.    Not applicable – see previous answers.

 

4.    TM44 Air Conditioning Assessments for the ESCC non school estate are
funded and managed from the maintenance budget managed by Peter Bowley,
Maintenance Manager – [1][email address].

 

TM44 Air Conditioning Assessments for schools are their responsibility to
fund and organise from their devolved budget. ESCC offers schools approved
contractors to undertaken but they do not have to use these.

    

 

I hope that this answers your enquiry. If you believe that the County
Council has not complied with the EIR in responding to your request, you
may ask for an internal review. If you wish to do so, please set out the
grounds of your appeal in writing to:

 

Philip Baker, Assistant Chief Executive, East Sussex County Council,
County Hall, St Anne’s Crescent, Lewes, East Sussex. BN7 1UE.

or by email to him at [2][email address]

 

Please quote the EIR reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113.  [3]www.ico.org.uk

 

 

Yours sincerely

 

 

Amilia Holland

Customer Information Adviser

 

East Sussex County Council

Communities, Economy and Transport Directorate

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [4][East Sussex County Council request email]   web: [5]www.eastsussex.gov.uk/foi

P    please consider the environment - do you really need to print this
email

 

 

 

Copyright and Re-Use of information

1. Providing you with documents under the Freedom of Information Act does
not give you an automatic right to re-use those documents in a way that
would infringe copyright – for example by making multiple copies, or by
publishing / issuing copies to the public.

2. Copyright in the information is owned by East Sussex County Council
and/or its contractor(s) unless otherwise stated. Brief extracts of the
material can be reproduced under the “fair dealing” provisions of the
Copyright Design and Patents Act 1988 (S.29 and S.30) for the purposes of
research for non-commercial purposes, private study, criticism, review and
news reporting.

3. We do not give permission for this information to be used for the
purposes of direct marketing.

4. If you wish to use this information then, in accordance with the
Regulations on the Re-use of Public Sector Information 2015, you must
first ask our permission. Such re-use may or may not involve the granting
of a licence and the application of a Fee.

 

 

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
mailto:[email address]
3. http://www.ico.org.uk/
4. mailto:[East Sussex County Council request email]
5. http://www.eastsussex.gov.uk/foi