Frequently Asked Questions
Your Responsibilities
Who is responsible for ensuring the check is organised and carried out?
The person responsible is defined in TM44 as ‘the person who controls the operation of the system’. This is usually the owner of the system whereby the individual owns the building unless a tenant takes total responsibility for a building and its services or they have installed it locally themselves. Whereby a system is managed on a facilities management basis, regardless of any contractual clauses, the responsibility lies also with the landlord or tenant to ensure the inspection is done.
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How do I know if the Directive applies to my air conditioning?
All air conditioning systems with an effective rated output of more than 12kw must be inspected by an energy assessor. This includes systems consisting of individual units which are less than 12kw but where the combined effective rated output is more than 12kw. For example, if you have 3 units which are all 5kw, although each individual unit is less than the specified 12kw, combined they equal 15kw meaning the inspection is still necessary.
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Where do I find out the effective output of the air conditioning?
The effective output of an individual air conditioning unit or system is usually found on the rating plate attached to the unit. It may also be stated in the operating and maintenance manual or from the manufacturer’s website. Where the system is covered by a maintenance contract, the output should be known by the contractor and should be reported in the maintenance records.
What are the benefits of having an inspection?
Although the inspections are mandatory, they do also provide many benefits, including:-.
• Saving on the running costs of the system.
• Reducing your Carbon Footprint.
• Receiving expert advice on ways to improve efficiency, faults, maintenance and the adequacy of the current system.
• Maintaining Accreditation (e.g. ISO)
• Maintaining accreditation to ISO 9001 and 14001
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What does it cover?
The inspection will examine the refrigeration and air moving equipment that are part of air conditioning systems and their controls. Documentation will also be examined such as manuals and maintenance records. It is also important for the assessor to advise if the system is suitably sized and provide guidance on ways in which system performance can be improved.
Please note: - It is not part of the inspection itself for the assessor to identify hazards or unsafe aspects of the installation, operation or maintenance of systems and separate arrangements. Also the inspection does not include the energy assessor repairing any problems identified in the inspection.
What will my report include and where do I access this to show I have had it completed?
As a minimum your report will include:-
• The likely efficiency of the system and any suggestions made for improvement
• Any faults identified during the inspection and suggested actions
• The adequacy of the installed controls and control settings and any suggestions made for improvement
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The current size of the installed system in relation to the cooling load and any suggestions for improvement
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Summary of the findings and the key recommendations
Once completed a copy of the report is issued and is also lodged onto the Central Register with a unique reference number.
Do I have to act on any recommendations?
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There is no legal requirement to act on the recommendations, however often these do contribute to the efficient running of the system, a reduction in carbon emissions and a reduction in operating costs for the building occupants.
What happens if I don’t have the inspection completed or if I don’t do it every 5 years as a minimum?
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The Directive has been introduced to ensure air conditioning is policed properly and is as efficient as possible, both for the environment and the consumer. It is vital that the Directive is followed as it is a statutory requirement. Put simply, failure to have the inspections completed as per the Directive is breaking the law and can result in the following:-
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A penalty charge notice may be issued
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Trading Standards may conduct an investigation
The penalty charge for failure to have an inspection is currently fixed at £300 and can be repeated until inspection has been carried out. A further penalty can be issued for failure to provide a copy of the inspection report when requested to an officer of an enforcement authority within 7 days. This is fixed at £200. The penalties can be charged repeatedly until the inspection has been completed.
The only way to appeal a penalty charge notice is by requesting a review. If a person is unsatisfied with the outcome of a review then they can appeal to the county court within 28 days after they are given notice confirming the penalty charge notice by the local weights and measures authority.
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If there is anything you feel hasn’t been answered, or you have any general queries,
please don’t hesitate to contact us or follow the useful links below.
Learn more about Air Conditioning Inspections TM44
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