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DCLG TM44 Policy update sets the scene for Trading Standards non - Compliance Notices, Enforcement, Fines

Sept
15th, 2012 | By Chris | Category:  Air Conditioning Inspections

Policy update 5 issued not long ago deals with how CLG intend to start dealing with those Air Conditioning Operators who are flouting the law by not having a TM44 certificate in place. Mandatory lodgement came in this April, together with a revised TM44 and the policy update, which is a good informative update for effected Operators to read, the question & answer section gives a Government view. Reading between the lines, ACI are of the opinion that this is the start of a TM44 compliance campaign which will see more action. ACI Reports are getting increasing numbers of calls from building operators who have had a letter or visit from compliance officers.

On the questions the Government have been asked, and provided answers, the following are important;

Q. Why was statutory lodgement not implemented when the requirement for air conditioning systems to have an inspection reports was first introduced ?
A. The Department for Communities and Local Government agreed a light touch approach as a trial period with industry when the regulations were first implemented.

Q. What other measures will be adopted to gather data and improve compliance?
A. Non-Domestic Energy Performance Certificates and Display Energy Certificates lodged on the National Energy Performance register can identify which buildings have an air conditioning system. We (CLG) will use this information to identify which buildings do not have an air conditioning report.

Q. How do enforcement authorities know that an inspection is required?
A. Local weights and measures authorities have been issued with guidance which informs them of the duties for ensuring that owners of air conditioning systems with an effective rated output over 12kw are in possession of an inspection report. This guidance has been updated to include the statutory lodgement of air conditioning inspection reports.

ACI Reports take the view that the answers indicate a far more serious approach than CLG took in 2011, before statutory lodgement, when the “light touch” period was in place. Those Operators who have been thinking that Trading Standards have not been taking the legislation seriously are in for a shock, the reason why there were not many fine notices given out prior to April 2012 has now become clear; it was a soft approach which has now ended. CLG clearly state that they intend to use the National Energy Performance register to check up on Operators, in addition to “walk in” visits which have been happening throughout the UK.


Read more; Policy update 5 – Energy Performance Certificate compliance and enforcement,
External link PDF document,   Click here>


     

     

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