Control of air conditioning systems
Posted by Mike Gordon on 22 July 2015 12:19 PM

The person who controls the operation of the system is the person who controls the technical functioning of the system, not someone who does no more than adjust the temperature or whose only responsibility is to adjust the controls.

The owner of the system will usually control the operation of the system even where day to day operation is contracted out to another person or organisation. Where a tenant takes total responsibility for a building and its services (e.g. full repairing and insuring lease), then the tenant will control the system.

Where the operation and management of the system is carried out on a day to day facilities management basis, or a servicing company provides routine servicing and maintenance, the contract may specify the facilities management or servicing company as the controller of the system with responsibility for ensuring that inspections are carried out. Depending on the terms of such a contract the facilities management or servicing company may accordingly become responsible under the regulations also. Even in such cases, however, the landlord or tenant retains a parallel duty to ensure the air conditioning inspection has been done.

Where air conditioning systems are installed locally by a tenant, the responsibility will lie with the tenant as they own the system