Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Having regard to Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, in particular its article 9;
Considering the environmental code, including its article L. 224-1;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) of 7 January 2010;
The State Council (section of public works) heard,
Decrete:
Section 2 of chapter IV, title II, of Book II of the Environmental Code (regulatory part) is supplemented by sub-section 5, which reads as follows:
"Subsection 5
« Inspection of air conditioning systems and heat pumps
reversible of a nominal refrigeration power greater than 12 kilowatts
"Art.R. 224-59-1.-For the purposes of this subsection, it is defined as:
" ―" air conditioning system": combination of all the components necessary to ensure a form of air treatment in which the temperature is lowered and can be controlled, possibly in combination with a control of air aeration, humidity and air purity. Air conditioning systems can be centralized systems, bi-block systems (mono-split), multi-split systems and variable refrigerant flow, heat pumps on reversible water loop or reversible heat pumps;
"– "centralized system": system in which the generator equipment delivers cold through air treatment units and/or through pressure fluid circuits (water);
"– "reversible heat pump": a device or installation that removes heat or cold in the air, water or earth to provide cold or heat to the building;
“– “Heat pump on reversible water loop”: system in which a series of reversible individual heat pumps are connected by a common fluid circuit to a central boiler and a heat discharge centre;
"– "Useful nominal refrigeration power of an air conditioning system": refrigerating power of the cold production device declared by the manufacturer and measured under the nominal performance conditions defined in EN 14511;
" ― "documentary inspection": inspection carried out, without inspection of the air conditioning system to be controlled, by the collection and verification of the documents and information required to carry out the periodic inspection. A documentary inspection is the work that should be completed before undertaking an on-site inspection.
"Art.R. 224-59-2.-In accordance with 2° of II of section L. 224-1, the air conditioning systems and the reversible heat pumps defined in section R. 224-59-1 and whose effective rated refrigeration power is greater than 12 kilowatts are subject to the periodic inspection defined in this subsection.
"If one of the individual heat pumps of a heat pump on a reversible water loop exceeds a useful nominal refrigeration power of 12 kilowatts, the inspection covers the entire system.
"Art.R. 224-59-3.-The inspection is carried out on the initiative of the owner or the condominium union.
"Art.R. 224-59-4.-The inspection must be conducted at least once every five years.
"In the event of replacement of an air conditioning system or a reversible heat pump or installation of a new air conditioning system or a new reversible heat pump, the first inspection shall be carried out no later than the calendar year following replacement or installation.
"Art.R. 224-59-5.-The inspection includes the documentary inspection, the assessment, during the on-site inspection, of the performance of the air conditioning system and its dimensioning in relation to the cooling requirements of the building, as well as the provision of the necessary recommendations for the proper use of the system in place, the possible improvements of the entire facility, the possible interest of replacing the building and other possible solutions.
"It shall give rise to the handover by the person who has conducted the inspection of a report within a maximum period of one month following his visit to the inspection sponsor referred to in section R. 224-59-3, who shall keep it and be made available to the agents listed in section L. 226-2 for a period of ten years.
"The technical specifications and modalities of the inspection, including the content of the report, are set by order of Ministers responsible for energy, the environment, construction, health and industry, respectively.
"Art.R. 224-59-6.-I. ― The person performing the inspection must not have any connection to the objectivity and independence of the inspection, including:
" — the owner of the air conditioning system or the reversible heat pump being inspected, or its agent;
"a company that has made the installation of the air conditioning system or the reversible heat pump under inspection;
"a company that performs the maintenance, maintenance or operation of the air conditioning system or the reversible heat pump under the inspection or has an ongoing energy performance contract for the inspection.
“II. ― It also prohibits participation in the implementation of any recommendations that may be provided following the inspection.
"Art.R. 224-59-7.-The inspection is carried out by a natural person whose competences have been certified by an accredited body according to the NF EN ISO / CEI 17024 "Compliance rating ― General requirements for certification bodies conducting the certification of persons".
"Art.R. 224-59-8.-By derogation from the provisions of Article R. 224-59-7, any national legally established and authorized to carry out similar operations in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area may exercise this activity in France, provided that the authorization available in that State has guarantees equivalent to those required under Article 224.
"Art.R. 224-59-9.-The certification of competencies under section R. 224-59-7, the criteria of which are defined by joint decree of ministers responsible, respectively, for energy, construction, health and industry, is issued according to the technical knowledge in the field of air conditioning systems and reversible heat pumps and the ability to carry out the various inspection stages of the inspection,
"Art.R. 224-59-10.-Organizations authorized to issue the certification of the competencies referred to in Article R. 224-59-7 are accredited by a body signatory to the multilateral European agreement taken in the framework of the European coordination of accreditation bodies.
"This accreditation, the criteria of which are defined by a joint decree of Ministers responsible for energy, construction, health and industry, respectively, is given in consideration of the internal organization of the organization in question, the requirements of those responsible for the missions of examiner and its ability to monitor certified persons.
"Art.R. 224-59-11.-A certifying body cannot establish an inspection report. »
The first inspection of existing air conditioning systems and existing reversible heat pumps shall take place within:
- two years from the publication of this decree for centralized systems, reversible heat pumps and heat pumps on reversible water loops whose effective rated refrigeration power is greater than 100 kilowatts;
- three years from the issuance of this Order in Council for all other air conditioning systems and reversible heat pumps with a useful nominal refrigeration power greater than 12 kilowatts.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Economy, Industry and Employment, the Minister of Health and Sports and the Secretary of State responsible for housing and urban planning are responsible, each with regard to it, for the execution of this Decree, which will be published in the French Republic.
Done in Paris, March 31, 2010.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Secretary of State
responsible for housing and urban planning,
Benoist Apparu
