The person who controls the operation of the system is regarded as 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 the occupier of the building takes total responsibility for a building and its services (e.g. full repairing and insuring lease), then the occupier 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 the contract the facilities management or servicing company may become responsible under the regulations also. In such cases, however, the landlord or building occupier retains a parallel duty to ensure that an air conditioning system has been inspected.
Where air conditioning systems are installed locally by the building occupier, the responsibility will lie with the occupier as they own the system.
Mike Gordon
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