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Periodic audit of energy efficiency of building cooling system

Building Control Act 1989

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—(1) Subject to subsection (2), the Commissioner of Building Control may, by notice served on the owner of any of the following buildings, require an audit to be carried out as to whether the cooling system of the building meets the prescribed energy efficiency standard applicable to such cooling system (called in this Part an energy audit):(a)any building in respect of which an application for planning permission is submitted to the competent authority under the Planning Act 1998 on or after 1 December 2010;(b)any prescribed building which has undergone a major energy-use change under this Part.(2) A notice under subsection (1) may be issued —(a)to the owner of any building in respect of which the application for planning permission is submitted to the competent authority under the Planning Act 1998 on or after 1 December 2010 —(i)at any time after the temporary occupation permit or, if no temporary occupation permit is issued, the certificate of statutory completion is issued in respect of that building; and(ii)thereafter at intervals of not less than 3 years after the date of the last notice under this section; and(b)to the owner of any prescribed building which has undergone a major energy‑use change —(i)at any time on or after the third anniversary of the date of the approval of the as‑built score mentioned in section 22FE(1)(b)(i); and(ii)thereafter at intervals of not less than 3 years after the date of the last notice under this section.(3) The owner of a building on whom a notice is served under subsection (1) must, within the period specified in the notice under that subsection or such longer period as the Commissioner of Building Control may allow in any particular case —(a)appoint a person mentioned in section 22FG to carry out the energy audit; (b)if the cooling system does not meet the applicable prescribed energy efficiency standard, carry out any maintenance work or take any other measures in relation to the cooling system to ensure that it meets the applicable prescribed energy efficiency standard; and(c)submit the report of the energy audit to the Commissioner of Building Control in such form and manner as the Commissioner of Building Control may specify.(4) Any owner of a building who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.(5) The Commissioner of Building Control may, on the application of an owner of a building in any particular case, modify any requirement in relation to the prescribed energy efficiency standard for the cooling system of the building, subject to any conditions that the Commissioner of Building Control may impose.

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