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Attachment 2

Australian And New Zealand Noise Labelling and Limit Scheme – Revised Recommendations For Air Conditioners

August 2010

Prepared by NSW Department of Environment, Climate

Change and Water for the Working Group on Noise Labelling

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Contents

Summary ................................................................................................................................................. 3 Glossary................................................................................................................................................... 5 1.0 Background ................................................................................................................................ 6 1.1 Environment Protection and Heritage Council........................................................................... 6 1.2 Links with Paper “Australian and New Zealand Noise Labelling and Limit Scheme –

Recommendations for Portable Equipment” .............................................................................. 6 1.3 Mutual Recognition Act 1992 and Trans Tasman Mutual Recognition Agreement 1997 ......... 7 1.4 Support for Noise Labelling ....................................................................................................... 7 1.6 Preliminary Industry Consultation ............................................................................................. 7 1.7 Acoustic Consultant’s Report..................................................................................................... 8 1.8 Further Consultation with Industry ............................................................................................ 8 1.9 Indication of Extent of Noise Nuisance from Air Conditioners in Australia ............................. 8 1.10 Existing Regulatory Approaches to Air conditioners................................................................. 9 1.11 Market for Air Conditioners....................................................................................................... 9 1.12 Current Noise Labelling of Air Conditioners........................................................................... 10 2.0 Technical Issues and Recommendations .................................................................................. 11 2.1 Definition for Air Conditioners................................................................................................ 11 2.2 Noise Limits for Air Conditioners............................................................................................ 12 2.3 Specify Sound Pressure Level or Sound Power Level ............................................................. 12 2.4 Application of Air Conditioner Noise Information .................................................................. 13 2.5 Australian Labelling Standards ................................................................................................ 14 2.6 Establishing the Cooling Capacity ........................................................................................... 15 2.7 Noise Level Test Procedures for Air Conditioners .................................................................. 15 2.8 The Sound Power Level and the Operating Mode ................................................................... 18 2.8.1 Non inverter refrigerated machines...................................................................................... 18 2.8.2 Inverter refrigerated machines ............................................................................................. 18 2.8.3 Evaporative machines .......................................................................................................... 20 2.9 Alternative Test Procedures for Inverter Machines.................................................................. 21 2.10 Acoustic Laboratories .............................................................................................................. 22 2.11 Frequency Analysis and Tonality............................................................................................. 22 2.12 Specifying Enforcement Test Procedure .................................................................................. 23 2.13 Screening Test for Machines In-situ ........................................................................................ 24 2.14 Displaying Noise Information ................................................................................................. 24 2.14.1 Labelling of air conditioners ................................................................................................ 24 2.14.2 Packaging/card display ........................................................................................................ 28 2.14.3 Brochures ............................................................................................................................. 28 2.14.4 Website database.................................................................................................................. 28 2.15 Statistical Sampling.................................................................................................................. 29 2.16 Phasing in of Scheme ............................................................................................................... 30 3.0 Regulatory Options and Compliance/Enforcement.................................................................. 31 3.1 Clear and Transparent Requirements ....................................................................................... 31 3.2 Proper Education of Suppliers.................................................................................................. 31 3.3 Effective Identification of Non-compliance............................................................................. 31 3.4 Effective and Efficient Enforcement Regime........................................................................... 32 4.0 Regulatory Impact Statement ................................................................................................... 34 5.0 Additional Work to be Undertaken if RIS Supports Introduction of ANZ Scheme................. 35 5.1 Further Consultation with Industry .......................................................................................... 35 5.2 Regulation, Compliance and Enforcement............................................................................... 35 5.2 Scheme Website and Noise Level Database ............................................................................ 35 5.3 Scheme Education Program ..................................................................................................... 35 Appendix 1 – List of Organisations Consulted ..................................................................................... 37 Appendix 2 – Acoustic Consultant’s Report ......................................................................................... 38 Appendix 3 – Regulatory Approaches to Air Conditioners in Jurisdictions ......................................... 42 Appendix 4 – Existing NSW Air conditioner Label ............................................................................. 45 Appendix 5 - Review of Australian Jurisdiction Approaches to Assessing Tonality........................... 46

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Summary This paper investigates issues related to the inclusion of air conditioners within an Australian and New Zealand (ANZ) Noise Labelling and Limit Scheme. The information in this paper is limited to issues specifically related to the noise labelling of air conditioners. The companion paper, “Australian and New Zealand Noise Labelling and Limit Scheme – Recommendations for Portable Equipment” provides general information related to the proposed ANZ Noise Labelling and Limit Scheme. It is proposed that air conditioners be assessed together with portable equipment in a single Regulatory Impact Statement (RIS). In May 2010 the Environment Protection and Heritage Standing Committee agreed to the funding of a RIS for portable equipment and air conditioners.

The principal recommendations for air conditioners are:

1. That the ANZ noise labelling and limit scheme define air conditioners as follows:

“Domestic air conditioner means a split, packaged or ducted mechanical system, including a devices of the kind commonly known as an evaporative system:

a. that is capable of controlling air temperature and distribution and that may also control the humidity and cleanliness of the air, and

b. that may be configured to operate with a cooling capacity of 30 kilowatts or less.” 2. That the ANZ noise labelling and limit scheme not require limits for air conditioners. 3. That the ANZ noise labelling and limit scheme use sound power levels for any requirements for air conditioners. 4. That use of the AIRAH on-line calculator be promoted for air conditioners in any educational material prepared for the ANZ noise labelling and limit scheme. 5. That the ANZ noise labelling and limit scheme refer to:

relevant ISO test standards with regard to sound power level rating of equipment; and ISO 7574-3 and ISO 7574-4:1985 “Acoustics - Statistical methods for determining and

verifying stated noise emission values of machinery and equipment” with regard to sampling methodology.

6. That the ANZ noise labelling and limit scheme require the cooling capacity:

of refrigerated air conditioner units to be determined in accordance with AS/NZS 3823.1 for non-ducted systems and AS/NZS 3823.1.2 for ducted systems; and

of evaporative air conditioners to be determined in accordance with Australian Standard AS2913-2000.

7. That the ANZ noise labelling and limit scheme:

permit the manufacturer or supplier to determine which noise test standard to use to determine the sound power levels of their machines; and

require ISO 13261:1998 “Sound power rating of air-conditioning and air-source heat pump equipment part 1: Non-ducted outdoor equipment” to be used in conjunction with any of the relevant standards and tests used.

8. That, if the RIS determines the scheme should proceed, a standard needs to be developed to specify a set of operating procedures and conditions to be applied when noise tests are being undertaken on inverter machines in the over-speed mode at maximum compressor speeds in the cooling and heating cycles.

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9. That the ANZ noise labelling and limit scheme require the sound power levels in whole numbers to be provided when machines are operating in the following modes:

Refrigerated non-inverter machines: at MEPS energy rated capacity in the cooling cycle at MEPS energy rated capacity in the heating cycle at maximum fan and compressor speed in the cooling cycle at maximum fan and compressor speed in the heating cycle

Refrigerated inverter machines: at MEPS energy rated capacity in the cooling cycle at MEPS energy rated capacity in the heating cycle at over-speed maximum compressor speed in the cooling cycle at over-speed maximum compressor speed in the heating cycle

Evaporator machines: when fans are operated at the highest available setting.

10. That the ANZ noise labelling and limit scheme not require the installation of devices or software that would cause machines to operate at particular test speeds. 11. That EPHC funding to establish an alternative acoustic laboratory with a climate control facility to test inverter machines not be considered at this stage. 12. That the RIS assess whether to require frequency data to be provided in product brochures for air conditioners. 13. That enforcement agencies use a noise test with an uncertainty factor no greater than plus or minus 1.5 dB(A) when conducting noise tests for enforcement purposes. 14. That the ANZ noise labelling and limit scheme provide that:

enforcement agencies may use ISO 9614-2:1996 “Acoustics – Determination of sound power levels of noise sources using sound intensity – Part 2: Measurement by scanning” when conducting screening checks on machines in use; and

a 2 dB(A) tolerance will be applied when conducting in-situ screening checks. 15. The RIS process be used to assess the costs and benefits of the following options and combinations of these options:

Refrigerated machines: requiring the higher of the sound power levels determined in the MEPS cooling capacity

and heating capacity test conditions to be noted on a label on the indoor units requiring the levels required in Recommendation 9 to be noted on a label on the outdoor

units requiring the levels required in Recommendation 9 to be noted on an internet database requiring the levels required in Recommendation 9 and frequency information (if

supported by the RIS process) to be noted within a product brochure at the point of sale in retail outlets

Evaporator machines: requiring the sound power level determined when the machine is operated at the highest

available setting on a label on the units requiring the sound power level determined when the machine is operated at the highest

available to be noted on an internet database requiring the sound power level determined when the machine is operated at the highest

available setting and frequency information (if supported by the RIS process) to be noted within a product brochure at the point of sale in retail outlets.

16. That for enforcement purposes, the ANZ noise labelling and limit scheme takes into account ISO 7574-3 and ISO 7574 -4:1985 “Acoustics - Statistical methods for determining and verifying stated noise emission values of machinery and equipment for use by manufacturers”.

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17. That the length of any phase-in period be further discussed with industry and finalised if the RIS determines the scheme should proceed 18. That the approaches to regulation, compliance and enforcement be further refined and finalised if the RIS determines the scheme should proceed. 19. That the relative merits of the different options for the labelling of air conditioners proposed in this paper for air conditioners be considered in the RIS to be prepared for portable equipment Glossary AIRAH - Australian Institute of Refrigeration Air Conditioning and Heating ANZ – Australia/New Zealand AREMA - Air Conditioning and Refrigeration Equipment Manufacturing Association of Australia DECC - Department of Environment and Climate Change DECCW – NSW Department of Environment, Climate Change and Water EPHC – Environment Protection and Heritage Council EU – European Union ISO – International Standards Organisation MEPS - Minimum Energy Performance Standard SPL – Sound Pressure Level Lw – Sound Power Level LwA – A Weighted Sound Power Level

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1.0 Background 1.1 Environment Protection and Heritage Council In April 2008 the Environment Protection and Heritage Council (EPHC) agreed to form a Working Group to scope a consistent noise labelling scheme for noisy domestic articles. It was agreed that a staged approach would be adopted to test the merits of the scheme on a small range of articles in the first instance and, if this is successful, the scheme could be widened to cover other articles known to cause noise nuisance. In November 2008 the Council agreed to investigate a number of fixed and portable articles for stage one of the proposed Australian and New Zealand (ANZ) noise labelling scheme. Articles were included in stage one if they are commonly used outdoors in residential areas, are relatively noisy, and labelling would be a straight forward and effective mechanism to reduce their noise nuisance. The Council also agreed to investigate the potential for setting maximum noise limits for portable articles. The establishment of an ANZ noise labelling and limit scheme for the fixed and portable articles satisfied the Council filter criteria for national environment issues on a range of fronts. As these articles are available throughout Australia and New Zealand, noise from these articles is not a single jurisdictional problem. Furthermore, government regulation is required as there is no evidence that market forces alone will promote the uptake of quieter technology. In September 2009 the Environment Protection and Heritage Standing Committee (EPHSC) agreed that for portable articles, the ANZ Noise Labelling and Limit Scheme should be based on the European Union (EU) Noise Directive. In May 2010 the EPHSC agreed to the funding of a Consultation Regulatory Impact Statement for portable articles and air conditioners. In September 2009 the EPHSC agreed that heat pump water heaters should not be included in the fixed articles for stage one of the ANZ scheme. Air conditioners are not covered by the EU scheme and due to complex technical issues around the testing of air conditioners, the EPHSC agreed to fund an acoustical consultant to investigate and report on the main issues and options. The consultant’s final report, provided in March 2010, raised several new issues that required further investigation. In May 2010 the EPHSC agreed that further consultation should occur with industry and air conditioners should also be assessed in the RIS. 1.2 Links with Paper “Australian and New Zealand Noise Labelling and Limit Scheme –

Recommendations for Portable Equipment” The information in this paper is limited to issues related to the noise labelling of air conditioners. The companion paper, “Australian and New Zealand Noise Labelling and Limit Scheme – Recommendations for Portable Equipment” provides general information related to the proposed ANZ Noise Labelling and Limit Scheme. This includes information related to, for example, the:

benefits of noise labelling advantage of an Australian and New Zealand scheme limitations of relying on collateral benefits implications of the World Trade Organisation Technical Barriers to Trade alternatives to labelling regulatory options compliance and enforcement options.

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1.3 Mutual Recognition Act 1992 and Trans Tasman Mutual Recognition Agreement 1997 The NSW Protection of the Environment (Noise Control) Regulation 2008 and WA Noise Abatement (Noise Labelling of Equipment) Regulations (Number 2) 1985 require air conditioners with a cooling capacity of 12 kW or less to be labelled. However, the Mutual Recognition Act 1992 (MRA) and Trans-Tasman Mutual Recognition Agreement 1997 (TTMRA) limit the effectiveness of individual jurisdictional schemes. Briefly, these instruments mean that single jurisdictional labelling provisions cannot be enforced against the sale of goods that are:

manufactured in a jurisdiction that does not have equivalent provisions, or

imported from overseas into a jurisdiction that does not have equivalent provisions and then transported into a jurisdiction with the provisions.

An Australian and New Zealand region-wide approach is required to enable any noise requirements to be enforced effectively. This approach would also support economic integration and provide a level playing field to industry. 1.4 Support for Noise Labelling The Health Effects of Environmental Noise – Other than Hearing Loss published by enHealth Council (2004) recommended that agencies “consider the need for a mandatory national standard for noise labelling equipment.” The Australian Consumers’ Association supports product labelling as a way of giving consumers information on which to base an informed choice. Manufacturers can be drawn into resolving complaints due to the inappropriate installation of their product and are interested in having a scheme in place that prevents noise issues arising. The Air Conditioning and Refrigeration Equipment Manufacturing Association of Australia (AREMA) supports a mandatory approach. Industry has noted that a mandatory scheme will ensure a level playing field for industry and provide reliable information in a standard recognisable format easily applied by consumers and installers. 1.5 Staged Approach The Council agreed that a staged approach would be adopted to test the merits of the ANZ noise labelling and limit scheme on a small range of articles in the first instance and, if this is successful, the scheme could be widened to cover other articles known to cause noise nuisance. It is proposed that investigations regarding stage two of the ANZ noise labelling and limit scheme would commence about five years after the commencement of stage one. For fixed articles, stage two of the scheme may, for example, investigate articles such as, heat pump water heaters, pool pumps and rainwater tank pumps. 1.6 Preliminary Industry Consultation To focus discussion on the development of a workable scheme, DECCW conducted preliminary industry consultation on behalf of the Noise Labelling Working Group from March to May 2009. Relevant industry associations and manufacturers were provided with preliminary consultation papers and invited to participate in targeted consultation. Responses to a number of the questions within the paper were received through the Air Conditioning and Refrigeration Equipment Manufacturing Association of Australia (AREMA) from four air conditioner manufacturers. (See Appendix 1) These companies were all supportive of mandatory requirements to make the sound power levels of equipment readily available to consumers. Additional specific comments are noted within the relevant sections below.

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1.7 Acoustic Consultant’s Report In December 2009, the EPHSC engaged an appropriately experienced and qualified acoustical/mechanical engineering consultant to assist with a number of technical questions around the noise testing and labelling of air conditioners. A final report from the consultancy was accepted by the EPHC Noise Labelling Working Group in March 2010. A copy of the report together with a summary of the terms of reference and key items noted and recommended in the report is provided at Appendix 2. 1.8 Further Consultation with Industry The acoustic consultant’s report raised a number of new technical issues and DECCW conducted further consultation with industry on behalf of the Noise Labelling Working Group during May and June 2010. Manufacturers who provided feedback during the preliminary consultation or attended the workshop conducted by the acoustic consultant were provided with further consultation papers and invited to participate in a workshop. This paper and workshop focussed on the technical issues around the noise testing of inverter air conditioners. A list of the organisations that participated is provided in Appendix 1. 1.9 Indication of Extent of Noise Nuisance from Air Conditioners in Australia The extent of noise nuisance from air conditioners is illustrated by the following: 10% of the 227 submissions received by NSW DECC in 2007 on the review of the NSW

Protection of the Environment Operations (Noise Control) Regulation (hereafter referred to as the NSW Noise Control Regulation) sought increased controls on air conditioner noise. (Only 9% of the submissions sought increased controls on barking dogs, which are generally the most common source of noise complaints to councils.)

Based on a review of NSW council State of Environment Reports, it is estimated that approximately 600 complaints about air conditioner noise are made to councils in the Sydney metropolitan area each year. (Note: Not all councils provide figures specifically for air conditioners in their reports.)

In 2007 DECCW received a submission from the NSW Local Government and Shires Associations seeking a maximum noise limit for air conditioners.

In 2010 DECCW received a letter from the Australian Institute of Local Government Rangers noting a growing number of complaints about air conditioning units due to the decreasing size of allotments, increased size of houses and the fact that houses are becoming closer together.

The 2009 “NSW Department of Fair Trading Strata Schemes Management Act 1996 - Review of Model By-law Hanging of Washing – Report to the Minister for Fair Trading” notes that there has been “… a significant increase in the use of air conditioning. In 1990 about 26% of Australian Households had air conditioning and 8% had evaporative cooling. By 2005, 47% or households had air conditioning and 13% had evaporative cooling.”

The 07/08 ACT Environment Protection Authority Annual Report detailed a 24% increase in noise complaints from the previous reporting period, with the increase mainly attributable to external reverse-cycle air conditioners, amplified music systems in residential premises and a rise in building and construction activity.

The 2003/04 WA Department of Environment and Conservation (DEC) Local Government Noise Complaints Survey Report identified a significant problem with managing air conditioner noise, related not only to the number of complaints but also to the complexity of resolving these complaints.

Subsequent WA DEC reports indicate that air conditioner noise continues to be an issue, and indicate that a total of about 250 complaints are made to WA councils each year. Based on community noise and noise complaints surveys, WA DEC has estimated that approximately 130 people are annoyed by air conditioner noise for every person that complains.

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Recent EPA Victoria research with local government and residents showed noise is not typically considered during the purchase or installation of equipment such as air-conditioners and local government surveys found reports of domestic air conditioner noise to local government are common and very challenging to resolve, particularly where noise was not considered during installation.

EPA Victoria’s Regulatory Impact Statement for its Residential Noise Regulations indicated that, despite noise labelling for some equipment and a noise installation guide from the AIRAH, there tends to be limited understanding of noise in the installation industry.

Brisbane City Council (which has a population base of nearly one million) has identified a significant problem with managing air conditioner noise and a training program was developed for installers in conjunction with AIRAH to assist with proactively avoiding noise issues.

1.10 Existing Regulatory Approaches to Air conditioners The various jurisdictions in Australia and New Zealand have a range of regulatory approaches to neighbourhood noise and a summary of these, as provided by the various jurisdictions, is presented in Appendix 3. An analysis of all of the approaches indicates that an ANZ labelling scheme for air conditioners would not be inconsistent with any of the existing regulatory approaches in any of the jurisdictions but would complement these approaches and assist in protecting amenity in each jurisdiction. 1.11 Market for Air Conditioners Window/wall air conditioner systems are single units containing a compressor, evaporator, condenser and fan that sit in a window or a purpose built opening in an external wall. AREMA has indicated that although these systems represented the majority of sales several decades ago, they now account for only around five percent of total sales for non-ducted systems. This is primarily because these systems have a low energy efficiency, and it is anticipated that as the mandatory energy performance standards (MEPS) requirements for air conditioners are further tightened, the proportion of sales for these systems will be further reduced. Split air conditioner systems have an external unit, which includes a compressor, fan and condenser and an indoor unit that includes a fan and evaporator. AREMA has indicated that around 95 percent of the external units sold in Australia are imported and that, because of the relatively large size of Australian homes, the larger of these units are often those with a cooling capacity that would be used in commercial situations in Asia or Europe. The cooling capacity of these systems ranges from around one to eight kW, and AREMA has indicated that an eight kW system is considered to be very large. About 700,000 to 1,000,000 of these systems are sold in Australia per annum. Multi-split air conditioner systems work the same as split systems, other than that they have one external unit and up to 20 or 30 indoor units. These systems are primarily used in commercial situations where there is no option other than to put a single outdoor unit on the roof of the building. As the efficiency of systems decreases significantly as the distance between the external and indoor unit increases, and there are generally more options to install either a number of single split systems or a ducted system at a residential premise, multi-split systems are not generally installed in homes. Ducted air conditioner systems have a single external unit, which is similar to a window/wall system, and distribute the modified air through the premises via a system of ducts. Industry has indicated that approximately 100,000 of these systems are sold in Australia each year and about 60,000 of these are installed in residences. Of the total figure, about 40 per cent of these have a cooling capacity between about five and 12 kW and about 60 per cent have a cooling capacity of between around 12 and 25 kW. Some residential ducted systems are also manufactured in New Zealand.

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About 10 to 20% of domestic refrigerated air conditioner external units operate at only one fan and compressor speed and control the air temperature by turning off and on at certain intervals depending upon the temperature compared to the thermostat setting. The remaining 80 to 90% are variable output compressor type air conditioners that operate with variable fan and compressor speeds, and control the air temperature by varying these speeds in accordance with the temperature compared to the thermostat setting. The most common form of variable output compressor is called an "inverter" however there are other types available. Some units have an initial over-speed period where they will run at a slightly higher capacity for a set time to pull down the temperature of a hot room or increase the temperature in a cold room. When they reach the set point temperature they can reduce capacity to maintain that level without cycling as much as a normal unit would.

Air conditioners may be cooling only or reverse cycle which can be used for either heating or cooling.

Evaporative air conditioner systems use a fan to blow air across a wet surface and the cooling effect of the water evaporating to reduce the temperature of the air. AREMA has indicated that these systems are only effective in relatively dry environments such as Western Australia, South Australia, Victoria and inland NSW where they may constitute up to 30 or 40 per cent of total sales. These systems are mainly manufactured in Australia by about five different companies and industry has indicated that about 60,000 units are sold annually. The Commonwealth Government’s MEPS energy rating website1 lists approximately 270 different brands of domestic air conditioners which may be available on the Australian market. The Australian Government Department of Resources, Energy and Tourism “Consultation Regulatory Impact Statement: Minimum Energy Performance Standards for Air Conditioners: 2011” indicates there are around 100 different suppliers of air conditioners and around 400 different models available in Australia. Industry has indicated that around 80% of domestic air conditioners are supplied by the top five manufacturers and 90% by the top ten manufacturers. Industry has also indicated that around 90% of the product available in Australia is imported and the Australian percentage of the world market is around one per cent. Reverse cycle air conditioners are commonly used in New Zealand for space heating and are generally referred to as heat pumps. As well as importing inverter machines, air conditioners are also manufactured in New Zealand and a significant proportion of this product is exported to Australia. 1.12 Current Noise Labelling of Air Conditioners The NSW Protection of the Environment (Noise Control) Regulation 2008 and WA Noise Abatement (Noise Labelling of Equipment) Regulations (Number 2) 1985 require air conditioners with a cooling capacity of 12 kW or less to be labelled. The European Union (EU) Noise Directive is focussed on mobile equipment and therefore air conditioners are not covered, however information related to the EU energy labelling system indicates that for units under 12 kW “on every label you will find: the noise rating in dB (where applicable)”. Approximately 270 different brands of air conditioners are available on the Australian market. As well as variations in the level of labelling and availability of noise information for different brands within jurisdictions, the level of labelling may also vary between jurisdictions. Where noise level information is provided, there is no certainty as to how the levels were calculated or that the level stated reliably provides the sound power level of the equipment. Some manufacturers specify sound pressure levels rather than sound power levels and this may also cause confusion in the market place. 1 www.energyrating.gov.au

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During research conducted at seven retail outlets in the Sydney region in 2008, 19 split system or wall mounted air conditioner brands were noted. In summary:

Thirteen of these were major brands and NSW noise labels were attached noting the outside sound power level (Lw).

Two brands had non NSW labels noting the Lw. Two brands had non NSW labels with levels that were considered to be sound pressure

levels (SPLs) rather than Lws, but no distance was provided. Two brands had no labels at all, although the brochure for one of these provided the

Lws. A review of eleven product brochures collected during this research indicated:

One brand had the SPL at one metre noted. One brand has a SPL noted but it is unclear at what distance. The Lw for one brand was provided in a layout considered to be potentially confusing to

the community. Lws for domestic air conditioners range from around 53 to 77 dB(A).

2.0 Technical Issues and Recommendations 2.1 Definition for Air Conditioners The definition within the NSW Noise Control Regulation 2008 is:

“domestic air conditioner means a split or packaged mechanical system:

(a) that is capable of controlling air temperature and distribution and that may also control the humidity and cleanliness of the air, and

(b) the nominal cooling capacity of which does not exceed 12 kilowatts, but does not include a device of the kind that is commonly known as an evaporative system, and does not include a device that is designed exclusively for heating.”

Although evaporative systems are not included within the current NSW definition, these systems can also be noisy. The acoustic consultant’s report notes that evaporative systems are widely used for domestic purposes in inland areas of Australia, where the air tends to be drier, and these machines should be included within the scheme. Ducted systems used in domestic situations have also emerged as a noise issue in some areas in recent times. To ensure a level playing field for industry, ducted and evaporative models used in domestic situations should be included within the scheme. A 2005 submission to DECC by AIRAH indicated units with a higher capacity than 12 kW are being installed in some large residences and suggested the upper capacity limit be raised to, for example, 20 kW. The preliminary industry consultation indicated that domestic units currently range up to 25 kW. The acoustic consultant’s report notes that manufacturers have indicated that systems with a 25 kW capacity are regularly installed in domestic situations and have been installed with a capacity up to 28 kW. The report recommends noise labelling of refrigerated and evaporative domestic air conditioners should apply to those with a thermal rating up to 30 kW. AIRAH has indicated in the past that “input power” could be used as the measure rather than “cooling capacity”, as the level of noise emitted from units is likely to correlate more closely with the input power. AIRAH noted that, for example, of two units with equal cooling capacity, the unit with the lower input power will be more efficient and is therefore likely to be quieter. However, the preliminary industry consultation indicated that cooling capacity should continue to be used as this is the first selection criteria used by consumers and, to get high efficiency, some manufacturers increase the air flow across the condenser resulting in increased noise levels.

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The definition needs to be worded so as not to include, for example, fan heater systems and therefore the suggested definition includes the wording “… that may be configured to operate with a cooling capacity of…”. The suggested definition will also capture reverse cycle air conditioners commonly used in New Zealand for space heating and generally referred to as heat pumps. The suggested definition will not capture heat pumps that are designed only for water and space heating. Industry has noted that reverse cycle air conditioners that are only used for space heating may easily be altered so they will not have a cooling function. Therefore if any jurisdictions considered it would be beneficial to ensure all machines to be used as heat pump space heaters were captured by the scheme, the suggested definition may need to be amended to achieve this. Many companies make a limited range of external condenser units that can be connected to a range of indoor evaporator units in many configurations. The maximum sound power level of the external unit will vary depending upon the size and number of indoor units connected to it. To ensure all external units which may be installed in domestic situations are captured, the definition of machines to be included within the scheme should cover “machines which may be configured to operate with a cooling capacity of 30 kilowatts or less”. Recommendation: 1. That the ANZ noise labelling and limit scheme define air conditioners as follows:

“Domestic air conditioner means a split, packaged or ducted mechanical system, including a devices of the kind commonly known as an evaporative system: a. that is capable of controlling air temperature and distribution and that may also

control the humidity and cleanliness of the air, and b. that may be configured to operate with a cooling capacity of 30 kilowatts or less.”

2.2 Noise Limits for Air Conditioners Limits are not considered appropriate for air conditioners as they are fixed in position and, with the assistance of noise labelling, equipment with an appropriate noise level can be purchased and installed and/or the equipment can be acoustically treated or shrouded where necessary to prevent nuisance to neighbours. If the management of noise issues continues to be significant for air conditioners installed after the introduction of the ANZ scheme, the option to introduce noise limits for this equipment could be further investigated in stage two of the ANZ scheme. If the ANZ scheme requires sound power levels of different models to be placed on a website, a valuable data set to inform decisions regarding appropriate limits should be available after about five years. Recommendation: 2. That the ANZ noise labelling and limit scheme not require limits for air conditioners. 2.3 Specify Sound Pressure Level or Sound Power Level A sound source radiates a certain amount of power into the surrounding air, which gives rise to sound pressure waves in the air. The logarithmic magnitude of these waves, referred to as the sound pressure level (SPL), may be measured at different distances from the source. For the SPL level noted on a label to be meaningful to the community, the label needs to indicate at what distance from the source the level occurs. For existing labelling schemes that use SPLs, these distances vary for different purposes and between different jurisdictions. For some air conditioners the SPL at one metre is used. The Japanese standard JIS B 8616:2006 “Package Air Conditioners” uses SPL at 1.5 metres and noise levels may sometimes appear in product brochures in this format. The use of SPLs at varying distances from the source has the potential to confuse purchasers.

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The power a sound source radiates into the surrounding air is called the sound power level (Lw). Because Lws cannot be measured directly, SPLs are generally measured at specific distances from the source and standard calculations are then used to determine the Lw at the source. The NSW and WA labelling schemes use Lws for air conditioners and the AIRAH on-line noise calculator, designed to prevent noise issues arising from inappropriate installation, is set up to use Lws. The Lw is an absolute universally recognised parameter that is not dependant upon distances and can be used for ratings and to compare sound levels etc. If the SPL at a particular distance needs to be understood, this can easily be calculated from the Lw. The international standard ISO 31-2:1992 “Quantities and units - Part 2: Periodic and related phenomena” and Australian standard AS2900.7-2002 “Quantities and Units Part 7: Acoustics” are consistent and require that the symbol for sound power level be “Lw”. The Australian standard AS3781-1990 “Acoustics – Noise labelling of machinery and equipment” which is relevant to fixed articles requires that labels display the sound power level and that measurements be A-weighted and therefore sound power levels for labelling purposes be noted as “LwA”. The A-weighting is applied so the level better approximates the response of the human ear to sound. Although some air conditioner brochures use sound pressure levels at various distances, during the consultation, industry has supported using LwA, the EU Noise Directive uses LwA for portable articles and the acoustic consultant’s report recommends using LwA. Using LwA would result in clear standard information that is understood by industry and more likely to be understood by the community. Recommendation: 3. That the ANZ noise labelling and limit scheme use sound power levels for any requirements for air conditioners. 2.4 Application of Air Conditioner Noise Information Air conditioners may be installed in a variety of situations and noise levels impacting upon neighbours may be influenced by factors such as the sound level of the unit, the distance to neighbours, the nature of any barriers and the number or reflective surfaces in the area. Domestic air conditioners have a significant range of sound power levels and guidance material can be used to inform purchasers and installers so units meet any local requirements designed to prevent neighbours from being disturbed. Existing guidance material for air conditioners, which relies on accurate sound power levels for units being readily available, includes:

the AIRAH on line calculator - which can be accessed at: www.fairair.com.au/calculator.noise.aspx

Victorian Environment Protection Authority publication “Cool Air – Quietly and Efficiently: a guide to buying and operating an air conditioner”2

WA Department of Environment and Conservation publication “An Installer’s Guide to Air Conditioner Noise” 3

The Australian Environmental Council brochure: “Air Conditioner Noise” which can be accessed in the NSW DECCW Noise Guide for Local Government4.

The AIRAH on line calculator is a useful and easily operated tool for the community and installers to use. However to make it universally applicable it would be ideal if it was updated and AIRAH has indicated that it is not currently in a financial position to undertake the necessary work. If the ANZ noise labelling and limit scheme is adopted, the Council could investigate providing funding to support AIRAH to update the calculator. 2 http://epanote2.epa.vic.gov.au/EPA/publications 3 http://www.dec.wa.gov.au/pollution-prevention/noise/publications.html 4 http://www.environment.nsw.gov.au/noise/nglg.htm

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Recommendation: 4. That use of the AIRAH on-line calculator be promoted for air conditioners in any educational material prepared for the ANZ noise labelling and limit scheme. 2.5 Australian Labelling Standards Australian Standard AS3781-1990 “Acoustics – Noise labelling of machinery and equipment” is based on ISO 4871-1984 “Acoustics – Noise labelling of machinery and equipment” and applies to machinery and equipment which is essentially stationary in nature”. This standard is therefore relevant to air conditioners and sets out, for example:

the test codes that need to be used to determine the sound power level of the equipment;

the factors that need to be considered when testing only a sample of the total lot to ensure reproducibility including repeatability (the standard refers to ISO 7574 Acoustics – Statistical methods for determining and verifying stated noise emission values of machinery and equipment and notes that the manufacturer needs to take into account the possibility that the labelled value might be verified by methods in accordance with parts one to four of this ISO standard;

the manner in which the noise emission of machinery and equipment is to be expressed for labelling purposes; and

the minimum information to be given in a label attached to the machine or in commercial or technical documents supplied to consumers by the manufacturer.

ISO 4781 – 1984, which AS3781-1990 is based on, has been replaced by ISO 4871:1996 “Acoustics - Declaration and verification of noise emission values of machinery and equipment”. This 1996 standard gives information on the declaration of noise emission values, describes acoustical information to be presented in technical documents and specifies a method for verifying the noise emission declaration. The use of Australian Standards is voluntary. Rather than base relevant requirements for air conditioners within the ANZ noise labelling and limit scheme on AS3781-1990, or arrange for this standard to be updated taking into account the revised ISO 4781:1996 standard (which could be a costly exercise for no real gain), ISO 4781:1996 was reviewed by the acoustic consultant. The acoustic consultant’s report noted that while the earlier ISO 4871-1984 refers only to sound power level, the latest version, ISO 4871:1996, is complicated and would result in confusion and therefore any reference to ISO 4871-1984 or ISO 4871-1996 should be avoided. The report recommends all the requirements for the ANZ scheme should be written into legislation so the label size, appearance, durability, location on the air conditioner, advertising and packaging and all other technical details on the noise label are fully specified. ISO test standards should only be referred to with regard to thermal rating and sound power level rating and Australian Standards should only be referred to where ISO Standards are not applicable. ISO 7574-3 and ISO 7574 -4:1985 Acoustics - Statistical methods for determining and verifying stated noise emission values of machinery and equipment should be referred to and recommended in the scheme for use by manufacturers to determine the number of units to be tested and the applicable sampling methodology. Recommendation: 5. That the ANZ noise labelling and limit scheme refer to:

relevant ISO test standards with regard to sound power level rating of equipment; and ISO 7574-3 and ISO 7574-4:1985 “Acoustics - Statistical methods for determining and

verifying stated noise emission values of machinery and equipment” with regard to sampling methodology.

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2.6 Establishing the Cooling Capacity Both industry and enforcement agencies need to use a uniform approach when determining which machines have a cooling of capacity of 30 kilowatts or less and are therefore subject to the scheme. Therefore the scheme needs to specify the tests to be used when determining the cooling capacity of machines. For air conditioners, the NSW scheme relies on the Australian Environment Council (AEC) Technical basis for the regulation of noise labelling of new air conditioners in Australia, July 1984. This only applies to units with a cooling capacity up to 12 kW. For the purpose of determining the cooling capacity of the device, the AEC test procedure refers to AS1861-198, however, this standard has been superseded by:

AS/NZS3823: Performance of household electrical appliances - room airconditioners Part 1.1: Non ducted airconditioners and heat pumps - Testing and rating for performance; and

AS/NZS3823: Performance of electrical appliances - airconditioners and heat pumps Part 1.2: Test Methods - Ducted airconditioners and air-to-air heat pumps - Testing and rating for performance.

AS/NZS 3823.1 parts 1 and 2 are based on ISO 5151 and ISO 13253 respectively and are used when units are assessed for the Minimum Energy Performance Standard (MEPS) requirements. In order to minimise costs to industry it appears appropriate to use the same standards as the MEPS scheme to avoid any test duplication. The MEPS scheme does not require energy rating of evaporative air conditioners. The acoustic consultant’s report recommends that for evaporative machines Australian Standard AS2913-2000 Evaporative Airconditioning Equipment can be used to determine the cooling capacity. It would be expected that the cooling capacity of these machines would only need to be determined where machines are approaching the 30 kW cut off point to determine if they are required to have their sound power level determined. Industry has noted that the maximum capacity for domestic machines is currently only around 18 kW. Recommendation: 6. That the ANZ noise labelling and limit scheme require the cooling capacity:

of refrigerated air conditioner units to be determined in accordance with AS/NZS 3823.1 for non-ducted systems and AS/NZS 3823.1.2 for ducted systems; and

of evaporative air conditioners to be determined in accordance with Australian Standard AS2913-2000.

2.7 Noise Level Test Procedures for Air Conditioners The NSW scheme includes a noise test procedure for air conditioners based on the Australian Environment Council (AEC) Technical basis for the regulation of noise labelling of new air conditioners in Australia, July 1984. This document only applies to machines with a cooling capacity up to 12 kW. The test procedure requires testing when the controls are set at maximum heating and at maximum cooling. The WA labelling requirement does not specify a test procedure. Australian Standard AS3781-1990 “Acoustics – Noise labelling of machinery and equipment” sets out the test codes that need to be used to determine the sound power level of equipment. However, a number of the standards containing these test codes have been revised since AS3781-1990 was published.

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A relatively new Irish standard for the measurement of noise from air conditioners was published in July 2008: I.S. EN 12102:2009 “Air Conditioners, Liquid Chilling packages, heat pumps and dehumidifiers with electrically driven compressors for space heating and cooling – Measurement of airborne noise – Determination of the sound power level”. This standard indicates that for noise testing purposes, the following standards may be applied:

ISO 3741:1999 “Acoustics – Determination of sound power levels of noise sources using sound pressure – Precision methods for reverberation rooms”

ISO 3743-1:1994 “Acoustics - Determination of sound power levels of noise sources - Engineering methods for small, movable sources in reverberant fields - Part 1: Comparison method for hard-walled test rooms”

ISO 3743-2:1994 “Acoustics - Determination of sound power levels of noise sources using sound pressure - Engineering methods for small, movable sources in reverberant fields - Part 2: Methods for special reverberation test rooms”

ISO 3745:2003 “Acoustics - Determination of sound power levels of noise sources using sound pressure - Precision methods for anechoic and hemi-anechoic rooms”

ISO 9614-1:1993 “Acoustics - Determination of sound power levels of noise sources using sound intensity - Part 1: Measurement at discrete points”

ISO 9614-2:1996 “Acoustics - Determination of sound power levels of noise sources using sound intensity - Part 2: Measurement by scanning”

ISO 9614-3:2002 “Acoustics - Determination of sound power levels of noise sources using sound intensity - Part 3: Precision method for measurement by scanning”.

Preliminary industry consultation indicated that ISO 3741:1999, ISO 3743 -1:1994, ISO 3743 -2:1994 and ISO 3745:2003 could be applied as appropriate. The acoustic consultant’s report recommends that any of noise tests within the eight standards listed in Table 1 of the report (partially reproduced in the Table below) may be used to assess the noise level of units. The uncertainty factors for these noise tests range from plus or minus 0.5 to 4.0dB. Any uncertainty factors need to be added to the test result to ensure all of the machines of a particular model have the maximum possible level stated. The report also recommends the manufacturer be free to choose which noise standard to use. The report also noted ISO 13261:1998 Sound power rating of air-conditioning and air-source heat pump equipment part 1: Non-ducted outdoor equipment should be used in conjunction with any of these standards. This standard includes useful information such as in clause 4.4 “Sound measurements shall not be made with air velocities over the microphone exceeding 2 m/s.”

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Table 1: Noise Test Standards Recommended in Acoustic Consultant’s Report Standard

Uncertainty Factor

3741:1999 “Acoustics – Determination of sound power levels of noise sources using sound pressure – Precision methods for reverberation rooms”

± 0.5 dBA

3743-1:1994 “Acoustics - Determination of sound power levels of noise sources - Engineering methods for small, movable sources in reverberant fields - Part 1: Comparison method for hard-walled test rooms”

± 1.5 dBA

3744:1994 “Acoustic – Determination of sound power levels on noise sources using sound pressure – Engineering method in an essentially free field over a reflecting plane”

± 1.5 dBA

3745:2003 “Acoustics - Determination of sound power levels of noise sources using sound pressure - Precision methods for anechoic and hemi-anechoic rooms”

± 0.5 dBA

3746:1995 “Acoustics - Determination of sound power levels of noise sources using sound pressure – Survey method using an envelop measurement surface over a reflecting plane”

± 3.0 dBA

3747:2009 “Acoustics - Determination of sound power levels of noise sources using sound pressure – Comparison method in-situ”

± 4.0 dBA

9614.1 – 1993 “Acoustics - Determination of sound power levels of noise sources using sound intensity - Part 1: Measurement at discrete points”

± 1.5 dBA

9614.2 – 1996 “Acoustics - Determination of sound power levels of noise sources using sound intensity - Part 2: Measurement by scanning”

± 1.5 dBA

Allowing manufacturers or suppliers to use whatever noise test method they consider appropriate for their circumstances will provide flexibility and minimise the application of onerous requirements, particularly for local manufacturers. As three machines of each model will generally need to be noise tested and the costs for each test in an offsite acoustic laboratory, including set up, are likely to be at least $3,000, local manufacturers who may produce low volumes (of, for example, 10 models) could incur noise testing costs ranging upwards of $90,000. Providing flexibility will in some circumstances enable local manufacturers to conduct the majority of noise testing at their own manufacturing plants which may be reality checked against a sample of tests conducted in an acoustic laboratory. Recommendation: 7. That the ANZ noise labelling and limit scheme:

permit the manufacturer or supplier to determine which noise test standard to use to determine the sound power levels of their machines; and

require ISO 13261:1998 “Sound power rating of air-conditioning and air-source heat pump equipment part 1: Non-ducted outdoor equipment” to be used in conjunction with any of the relevant standards and tests used.

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2.8 The Sound Power Level and the Operating Mode As machines have a number of different operating modes with different noise levels, it is necessary to determine in which operating modes it is necessary and feasible to require noise information to be provided. The current test procedure within the NSW scheme requires testing when the controls are set at maximum heating and at maximum cooling.

The standards used to rate the thermal capacity of refrigerated machines for MEPS purposes, AS/NZS 3823.1.1 for non-ducted units and AS/NZS 3823.1.2 for ducted units, require the cooling capacity to be established at 35°C dry bulb outside and 27°C dry bulb / 19°C wet bulb inside. (These standards also specify the heating capacity test conditions.) Once installed, machines may operate in more extreme conditions or have over-speed or maintenance modes that result in a sound power level higher than when operating in these test conditions. Manufacturers also provide for some machines to operate between 25% and 110% of the MEPS rated capacity.

AS/NZS 3823.1.1 and AS/NZS 3823.1.2 also provide that the ‘maximum’ cooling capacity of refrigerated machines be established at 43°C outside and 32°C inside. The noise level when a machine is operating at this cooling capacity may in many cases be more representative of the maximum noise level a machine is capable of in the cooling mode than the noise level at the MEPS rated capacity. Industry has noted that 43°C is not the point of maximum capacity demand but generally the maximum outside air condition for R410A refrigerant charged machines to operate. These conditions are therefore normally used for the maximum cooling test but do not necessarily reflect the nosiest operating conditions. Providing the sound power level of machines at the MEPS rated capacity is considered useful as it provides a guide to the noise level likely to occur when the machine is operating towards the higher end of its capacity in the majority of conditions in which it will operate. NSW, Victoria and the Northern Territory all have requirements that air conditioners not be audible in neighbouring residences during certain hours at night. Therefore it is important that as far as practicable, the maximum sound power level also be provided because calculations based on a level lower than this may result in a machine that causes a noise nuisance being installed. 2.8.1 Non inverter refrigerated machines

The acoustic consultant has noted that the condensers for non-inverter refrigerated machines operate at only one speed, and therefore the noise measurement for these machines is straight forward. Operation at maximum thermal capacity and therefore the maximum noise level can be readily achieved by setting the thermostat to an extreme temperature.

2.8.2 Inverter refrigerated machines Approximately 70 to 85% of machines sold in Australia are inverter type machines which only produce their maximum sound power level in certain conditions. (Some major manufacturers only make inverter machines and the trend appears to be for all machines to be of this type.) Industry has noted that the compressor speed in a typical inverter air conditioner is controlled by a sophisticated microprocessor based on input from multiple sensors, timers and user selections. The sensors include indoor and outdoor temperature sensors, multiple temperature sensors around the refrigeration circuit and in some models, pressure transducers and current transformers.

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Most inverter machines have modes where they will automatically run at a slightly higher capacity for a set time – for example:

over-speed modes to quickly reduce the temperature of a hot room or increase the temperature of a cold room; and/or

defrost maintenance modes to remove icing up of components in cold conditions. (This occurs more frequently when it is cold and humid.)

As an example, it is noted that for one inverter model the following noise levels apply (in sound pressure levels) – MEPS rated capacity: 44 dB(A), defrost maintenance level: 47 dB(A) and before defrost level: 51 dB(A). Therefore there is a 7 dB(A) difference between the noise level at MEPS rated capacity and the maximum noise level around defrosting. Some models will not operate at maximum speed under high ambient conditions due to one or a combination of pre-defined operating limits. For example, many inverter machines apply restrictive control to the maximum compressor speed when the system is operating near the upper limits of its operating range (e.g. around 40 deg C) to prevent the machine itself from overheating. Therefore establishing the test conditions in which an inverter machine emits the maximum sound power level is not straightforward and the existing ISO noise test standards do not specify any relevant test procedures or conditions. Although the major manufacturers that export into the region have sophisticated acoustic laboratories in which tests can be performed, only one laboratory with a climate control facility is available in Australia that could be used by local manufacturers and for enforcement purposes. Any test procedures and conditions specified would need to be reliably achievable in that laboratory. Establishing test procedures and conditions that enable the maximum sound power level to be accurately and consistently established during defrost maintenance mode is problematic. Industry has noted the following issues:

Complexities around setting the environmental conditions to initiate a defrost cycle. Problems with repeatability as the noise level emitted may vary between different defrost

cycles, primarily due to differences in the level of ice build up. (As well as outdoor and indoor temperature, this will also be critically dependent on the outdoor humidity.)

Interference from other short duration noises generated during the defrost cycle (e.g. the noise from gushing gas).

Insufficient time to conduct testing as the overall length of the cycle can be less than a minute during which time the compressor is speeding up and then slowing down so there may not be a steady state time interval long enough to accurately record a sound power level. (For example, ISO 3743-2, which is commonly used to determine the sound power level, requires the measurement to be made over at least 30 seconds.)

Establishing test procedures and conditions for reliably testing the maximum sound power level during the cooling and heating over-speed modes (i.e. maximum compressor speeds) is considered more achievable. Industry has indicated that it would be relatively straightforward to create the procedures and conditions in which machines will operate in a steady state in these modes for at least ten minutes and in some cases up to one hour. Industry has noted that research testing conducted by manufacturers indicates little variation in noise levels between over-speed modes and defrost maintenance modes, other than the valve noise that occurs with some machines during the defrost mode. This valve noise is unlikely to cause a noise nuisance because it only occurs at the beginning and end of the defrost period and defrosting only occurs in cold conditions when neighbour’s windows would normally be closed. In some cases the predominant noise source may be the fan, however fan speed will generally be related to the compressor speed and therefore testing at the maximum compressor speed during over-speed modes should provide the higher end sound power levels which would be useful to ensure machines do not cause a noise nuisance in most cases.  

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Although industry has indicated that the difference between cooling and heating modes for a model is generally only 1 or 2 dB(A), to ensure relevant information is available for machines installed in different climatic conditions, the scheme could require the sound power level to be provided when machines are operating in the following different modes:

at MEPS energy rated capacity in the cooling cycle at MEPS energy rated capacity in the heating cycle at over-speed maximum compressor speed in the cooling cycle at over-speed maximum compressor speed in the heating cycle

The operating conditions for the MEPS rated capacity in the cooling and heating cycle are provided in AS/NZS 3823.2:2009 and the ISO noise tests (for example, ISO 3741:1999, ISO 3745:2003 and ISO 3743-1:1994) can be applied in these conditions. A new standard for inverter machines could be sought which specifies the operating procedures and conditions to achieve the over-speed maximum compressor speeds in the cooling and heating cycles during which noise tests can be conducted. If a new standard is not forthcoming, the scheme could specify these test operating procedures and conditions. When developing any testing regime, the possibility would need to be considered that “circumvention” systems could be written into the appliance operating software, to recognise when a product is operating under test conditions and adjust performance to produce a favourable outcome for the test. As far as practicable, the testing regime should also be designed to accommodate future technological developments. 2.8.3 Evaporative machines The consultant’s report notes that Australian Standard AS2913-2000 Evaporative Airconditioning Equipment can be used to assess the noise level of evaporative units. This standard requires that the sound power be determined using ISO 9614-2 or any of the methods described in AS 1217.2 to AS 1217.6. The AS1217.2 to AS1217.6 series was withdrawn in 2006 and not superseded directly by any other standards. However, a review of the acceptable standards recommended by the consultant for refrigerated machines indicates that these standards may also be applied to evaporative machines. As noted in section 2.8.1, Part 3.2.5.4 of AS 2913-2000 requires that when the sound power level of evaporative air conditioning equipment is established “fans shall be operated at the highest available setting”. Therefore, no matter which of the standards and tests within them are applied, these should be the test conditions. Part 3.2.5.4 of AS 2913-2000 requires that when the sound power level of evaporative air conditioning equipment is established “fans shall be operated at the highest available setting” and notes that “additional data may be obtained at lower speed setting”. As evaporative machines do not have compressors and the noise associated with the fan (primarily the fan blades but in some cases the fan motor) and possibly in some cases the air passing through the evaporator cause the noise, this procedure would result in the maximum sound power level being established. Recommendations: 8. That, if the RIS determines the scheme should proceed, a standard needs to be developed to specify a set of operating procedures and conditions to be applied when noise tests are being undertaken on inverter machines in the over-speed mode at maximum compressor speeds in the cooling and heating cycles.

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9. That the ANZ noise labelling and limit scheme require the sound power levels in whole numbers to be provided when machines are operating in the following modes: Refrigerated non-inverter machines:

at MEPS energy rated capacity in the cooling cycle at MEPS energy rated capacity in the heating cycle at maximum fan and compressor speed in the cooling cycle at maximum fan and compressor speed in the heating cycle

Refrigerated inverter machines: at MEPS energy rated capacity in the cooling cycle at MEPS energy rated capacity in the heating cycle at over-speed maximum compressor speed in the cooling cycle at over-speed maximum compressor speed in the heating cycle

Evaporator machines: when fans are operated at the highest available setting.

2.9 Alternative Test Procedures for Inverter Machines The acoustic consultant noted that some inverter machines have hard wired test switches that can be used to make the machine run at its maximum thermal capacity for a certain period. A number of major manufacturers have noted that these devices are not fitted to their machines, although in some cases the machines have a test run function that results in the machine operating in the MEPS testing conditions or are designed to lock in at particular operating conditions that the machine recognises as being the MEPS testing conditions.

Consideration could be given to requiring that all inverter type machines offered for sale in Australia and New Zealand be fitted with test switches or software which enable the machine to run at the required capacity for around 30 minutes. However, industry has noted that adding a function that is not already provided would require a redesign of the outdoor unit printed circuit board and control logic. Considering the vast majority of systems are imported into the region and Australia/New Zealand have only about one per cent of the total market share, industry has noted that importers may find it difficult to source compliant product. Industry has also noted that in many cases a single outdoor condenser unit is produced that is used to power several different models and therefore the hard wired test switch would need multiple positions. Local manufacturers could consider installing these switches or functions voluntarily to minimise their own test costs. If these switches were relied on for enforcement testing purposes, there may be instances where testing in a laboratory with climate control facility is required to ensure the switch is resulting in the machine operating at the required capacity. The acoustic consultant noted that for those machines that do not have a hard wired test switch, an alternative is to control the machine from an especially programmed laptop. However, the software for each manufacturer is unique and access codes required. Using this approach would require the cooperation of the manufacturer and enforcement agencies would not necessarily know whether the required operational mode was occurring. Recommendation: 10. That the ANZ noise labelling and limit scheme not require the installation of devices or software that would cause machines to operate at particular test speeds.

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2.10 Acoustic Laboratories The acoustic consultant reported that any of the seven acoustic laboratories in Australia and two acoustic laboratories in New Zealand listed in Table 2 of the report should be approved for use to verify the Sound Power Level of non-inverter type air conditioners, and inverter type air conditioners providing the appropriate thermal load capability is available. One laboratory has been identified that has the facility to apply the thermal load necessary when noise testing inverter air conditioners for enforcement purposes. The consultant has noted that all of the standards listed in Table 1 of the report require a one third octave band frequency analysis from 125 to 8,000 Hz. The lowest frequency in the 125 Hz band is 100 Hz and the highest frequency in the 8,000 Hz band is 10,000 Hz. The identified laboratory has a 170 cubic metre reverberation chamber and therefore cannot accurately test frequencies between 125 and 100 Hz. However the consultant has subsequently noted that by far the predominant noise level for air conditioners occurs in the 500 to 1000 Hz frequency range and not accurately measuring below 125 Hz will not affect the determination of the overall maximum sound power level. The laboratory has subsequently also stated that this is the case. The acoustic consultant’s report notes that the cost of laboratory hire and testing generally ranges between $1,500 and $3,000 for each test and the installation of the air conditioning system for testing is the responsibility of the client and this cost can be similar to the cost of laboratory hire and testing. The report also noted that the construction of a new testing laboratory with a climate control facility would be at least $1.4M, not including land costs, and would cost approximately $200,000 per year to operate. The report also recommended that at least one existing laboratory should be retrofitted with a thermal load capability and noted the cost of retrofitting a laboratory would probably be at least $100,000. Recommendation: 11. That EPHC funding to establish an alternative acoustic laboratory with a climate control facility to test inverter machines not be considered at this stage. 2.11 Frequency Analysis and Tonality Tonality occurs when a noise contains a prominent frequency and is characterised by a definite pitch. Tonality can be identified if a frequency analysis is undertaken and one frequency band is significantly higher than the adjacent frequency bands. Making it a requirement of the scheme that this one third octave band frequency data be supplied would enable any tonality to be identified The Australian Environment Council (AEC) Technical basis for the regulation of noise labelling of new air conditioners in Australia, July 1984, which the NSW scheme is based on, defines “tonal component” as “any one-third octave A-weighted band with a sound pressure level that exceeds the arithmetic average of the two adjacent one third octave A-weighted band sound levels by more than 5 dB.” When determining the sound power level, this document requires the sound power level to be adjusted by +5 db(A) when the noise of the unit under test has one or more tonal components. Industry considers that new machines are not tonal and tonality primarily results from maintenance issues or occurs when installation results in machines resonating with the connected ductwork/pipework. Industry considers it unnecessarily onerous to have to supply frequency data. There is no strong evidence at this stage that a significant proportion of new machines are tonal.

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The acoustic consultant’s report noted that all of the standards listed in Table 1 of the report require one third octave band frequency analysis from 125 to 8,000 Hz. Although the report noted that very few new air conditioners are tonal, it recommended that if the noise is tonal, a 5 dB penalty factor should be added to the sound power level on the label. However, not all jurisdictions currently use the same methods for assessing tonality or add the same number of decibels to the actual level measured to compensate or penalise for tonality. A table of the different approaches is at Appendix 5. The lowest frequency in the 125 Hz band is 100 Hz and the highest frequency in the 8,000 Hz band is 10,000 Hz. For enforcement testing purposes, to verify if the data provided by manufacturers is correct, a number of laboratories have been identified in Australia and New Zealand that are capable of measuring the full frequency range of non-inverter type machines. However, these laboratories do not have the capability to apply a thermal load, and therefore cannot accurately test inverter type machines. One laboratory has been identified which has this capability, however it only has a room size of 170 cubic metres and is not able to accurately measure frequencies between 125 and 100 Hz. Nevertheless, this laboratory could be used to verify the majority of frequency bands for enforcement purposes. It is understood that the vast majority of manufacturers currently conduct acoustic testing that provides the required frequency data and making it a requirement that this data be provided within brochures for every model sold would enable jurisdictions to apply their own requirements with respect to tonality. As the jurisdictions have different approaches to assessing and compensating for tonality a penalty for tonality should not be incorporated into the scheme unless all jurisdictions harmonise their approaches. Recommendation: 12. That the RIS assess whether to require frequency data to be provided in product brochures for air conditioners. 2.12 Specifying Enforcement Test Procedure Industry has noted that variations occur in the noise levels from different tests and therefore it is important for manufacturers to be sure of what noise tests enforcement agencies will use. The uncertainty factors for the noise tests identified in the acoustical consultant’s report range from plus or minus 0.5 to 4.0dB. Although it is proposed that industry may use whatever noise tests considered appropriate, in order to limit the likelihood of highly technical arguments in court, for refrigeration systems enforcement agencies should use a laboratory noise test with an uncertainty factor of no more than plus or minus 1.5 dB(A). When conducting enforcement testing the uncertainty factor needs to be subtracted from the test result.

These tests include:

ISO 3741:1999 Acoustics – Determination of sound power levels of noise sources using sound pressure – precision methods for reverberation room (uncertainty factor - plus or minus 0.5 dB(A))

ISO 3745:2003 Acoustics - Determination of sound power levels of noise sources using sound pressure – Precision methods for anechoic and hemi-anechoic rooms (uncertainty factor - plus or minus 0.5 dB(A))

ISO 3743-1:1994 acoustics – Determination of sound power levels of noise sources – Engineering methods for small movable sources in reverberant fields – Part 1 Comparison method for hard-walled test rooms (uncertainty factor - plus or minus 1.5 dB(A)).

Although tests with an uncertainty factor of 0.5 dB(A) would be preferred, the use of ISO 3743-1:1994 may be necessary in some circumstances because the acoustic laboratory identified for enforcement purposes for inverter type machines is compliant to this standard.

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Any procedures for inverter machines established as recommended in section 2.9 would be applied to inverter machines. Also as recommended in section 2.8, ISO 13261:1998 “Sound power rating of air-conditioning and air-source heat pump equipment part 1: Non-ducted outdoor equipment” would be used in conjunction with any of the standards and tests used. Recommendation: 13. That enforcement agencies use a noise test with an uncertainty factor no greater than plus or minus 1.5 dB(A) when conducting noise tests for enforcement purposes. 2.13 Screening Test for Machines In-situ The acoustic consultant’s report recommends that any in-situ screening test used by enforcement agencies to determine if a particular model may need further testing should be conducted in accordance with ISO 9614-2:1996 Acoustics – Determination of sound power levels of noise sources using sound intensity – Part 2: Measurement by scanning. The report also recommends a tolerance of 2dB(A) be applied when conducting screening tests. Industry has noted that installed machines may have higher noise levels than expected if the frequency of any vibration produced by the machine resonates with the natural frequency of the pipe-work and any screening testing conducted would need to be mindful of this possibility. Recommendation: 14. That the ANZ noise labelling and limit scheme provide that:

enforcement agencies may use ISO 9614-2:1996 “Acoustics – Determination of sound power levels of noise sources using sound intensity – Part 2: Measurement by scanning” when conducting screening checks on machines in use; and

a 2 dB(A) tolerance will be applied when conducting in-situ screening checks.

2.14 Displaying Noise Information Traditionally noise level information has been displayed on labels on the equipment. The existing NSW and WA schemes require labelling of equipment. The European Union Noise Directive for portable equipment requires labelling of equipment and the levels to be noted on a website. The MEPS scheme requires the energy rating information for all air conditioners to be listed on an energy rating database and for some air conditioners to also be on a label on the article. 2.14.1 Labelling of air conditioners Noise labels on units have the following potential benefits.

They provide uniform and reliable noise data which can assist in ensuring an appropriate unit is purchased and installed correctly.

Labels on indoor units on display in retail outlets alert the consumer in the shop to the potential for noise issues. A label is a clear and present indication that noise is an issue and has value similar to a road stop sign or a health warning on a cigarette packet.

Labels on outdoor units: o alert the owner and installer to potential noise issues at the time of installation o give a direct indication to a neighbour who is considering complaining as to

whether the machine is appropriate for the location, particularly if they apply the noise level on the label in, for example, the online noise calculator

o give a direct indication to a regulator (on receipt of a complaint) as to whether the unit is likely to be an issue.

The existing NSW label for air conditioners is provided at Appendix 4.

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Australian Standard AS3781-1990 “Acoustics – Noise labelling of machinery and equipment” requires labels for fixed articles to contain at least the following information:

the wording “Noise output (LwA)”, followed by the labelled value (the numerical value which indicates, as an integer, the limit below which the A-weighted sound power level of the single machine and/or a large proportion of the lot shall lie when the machine is new);

the reference to the appropriate labelling code, or in the absence of a labelling code, the appropriate measurement test code;

identification of the labelled product (lot), for example, by the serial number or date of manufacture/delivery; and

information on whether lot labelling “(L)” or individual labelling “(I)” was prescribed. If labelling is required for indoor units, the existing NSW label specification of 5 cm x 10 cm with the sound power level number(s) displayed in figures at least one cm high could be used as a guide for what has worked successfully in the past. Any label should refer to any scheme website that is established or database that also lists the noise data. AREMA has provided advice indicating that to fix labels to the indoor unit would cost about $1-2 per unit if fixed to units in the factory at the time of manufacture in Australia or overseas and about $10 if fixed to units in Australian warehouses if the unit is manufactured overseas. Although it is the outdoor units of split air conditioner systems that have the potential to cause noise nuisance, retail outlets often only display the indoor unit in their showrooms. If labels were to be used to assist people make a choice when purchasing a machine at a retail outlet, a label noting the sound power level of the outdoor unit needs to be on the indoor unit. If labels are required on the indoor units of machines displayed in retail outlets, it is paramount that these be kept as simple as possible and not be cluttered with complicated information.

NSW, Victoria and the Northern Territory all have requirements that air conditioners not be audible in neighbouring residences during certain hours at night. Therefore, for these jurisdictions, even though machines may have a number of operating modes and noise levels, it would be preferable for the maximum sound power level to be stated on the label. This would assist in ensuring appropriate equipment is purchased and any calculations based on the available information do not result in a machine being installed that causes a noise nuisance. To limit any competitive disadvantage that may arise from overstating the maximum sound power level or not noting night-time setting sound power levels on a label, the label could, for example, state: “This machine may have quieter operating modes – refer to manufacturer’s specifications [or the MEPS energy rating or ANZ noise labelling scheme website].”

Industry has provided the following reasons why the maximum sound power level should not be required to be noted on a label on the machine, even if information is available on a website. Where machines are labelled with the maximum noise level and are on display at a retail outlet, purchasers may make an uninformed decision and in some cases purchase a machine that is not the most suitable for their situation because:

Some air conditioners have night-time settings, with sound power levels significantly lower than the maximum sound power level, which can be set to operate when more restrictive environmental noise requirements apply. (Based on information supplied by industry, it is estimated that this issue would apply to around 5% of machines.)

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Some companies make a limited range of external condenser units that can be connected to a range of indoor evaporator units in multiple configurations and the maximum sound power level of the condenser unit will vary depending upon the size and number of evaporator units connected to it. Although the final configuration would be known at the point of sale, it would not necessarily be known at the point of manufacture or packing and the sound power level of the final configuration may be significantly lower than the maximum sound power level the evaporator is capable of. (Based on information supplied by industry, it is estimated that this issue would apply to around 3% to 5% of inverter machines.)

Many inverter machines only run at the maximum level for relatively short over-speed or maintenance defrost periods and for some machines the maximum sound power level could occur in the heating mode. (Assigning the maximum noise level for an inverter machine based on the over-speed mode would disadvantage this product compared to an equivalent product that has a fixed speed compressor. Assuming the fixed speed unit has the same noise level in MEPS rated conditions, in real use the fixed speed unit would be more likely to produce a noise complaint as it would cycle on and off at a higher noise level than an equivalent inverter machine which would run at a constant but lower speed and noise level on a summer evening when neighbour’s windows are more likely to be open.)

The sound power level at the MEPS cooling capacity energy rating could be noted on the label as industry has indicated this generally reflects the louder range of noise levels machines are likely to emit under normal operating conditions. As it is very important that labels be kept as simple as possible, only one figure should be provided on the label and this should be the louder of either the heating or cooling cycles. If this approach were adopted, to address the issue noted above regarding NSW, Victoria and the Northern Territory, it would be necessary to qualify the level with, for example, “This machine may have noisier operating modes – refer to manufacturer’s specifications [or the MEPS energy rating or ANZ noise labelling scheme website].”

For example:

OUTDOOR UNIT SOUND POWER LEVEL

AT MEPS COOLING CAPACITY ENERGY RATING :

XX dB(A)

NOTE: THIS MACHINE MAY HAVE NOISIER OPERATING MODES – REFER TO MANUFACTURER’S SPECIFICATIONS

CHECK ANY LOCAL NOISE LAWS BEFORE PURCHASING

OR INSTALLING

FOR FURTHER INFORMATION REFER TO: www.anznoiselabelling.gov.au

However manufacturers that have a significant share of the market have provided the following reasons why they consider labels should not be required on the machines:

Only a single model from a range is commonly displayed to represent multiple models that use the same indoor unit casing and therefore the sound power level information for the required model may not be on display.

Although required to have information listed on the MEPS database, ducted and three phase units are no longer required to have energy labels as the Commonwealth Government recognises that they are rarely displayed at retail outlets.

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Around 45% of air conditioner sales are made through non-retail channels such as air conditioner specialists or builders and these products are rarely displayed at retail outlets.

At least one major brand with around 20% of the market share for split systems does not sell through mass retail chains and therefore labelling would have limited practical application for these products.

One major manufacturer has noted that customers investigate the noise levels through the manufacturer’s brochures or website rather than looking at a label.

Many outdoor units sold in the region are made in global factories and may be sold into many markets without modification. Any mandatory labelling requirement reduces supply chain flexibility and adds to the cost of the end product for consumers in the region.

The possibility that purchasers may confuse the noise level of the outdoor unit, noted on a label on the indoor unit, with the noise level of the indoor unit needs to be considered.

If labelling of indoor units was required, it could be limited to those that are actually displayed at retail outlets.

Some jurisdictions consider that a label on the outside unit would facilitate enforcement work in their jurisdictions. Enforcement officers would be able to look over the fence from the affected neighbouring residence, note the level on the label, determine if the machine is inappropriate for the location and, if not, fine the installer. For this to be practicable, the label on the outside unit would need to be durable, of a size and in a location that makes it readily accessible and easily read by enforcement officers looking from a neighbouring property. To facilitate this approach, an offence of tampering with labels would need to considered. If a data base of noise levels is established, this could be used to verify that the information on the label is accurate.

It is also possible that a label on the outdoor unit of the machine is more likely to be referred to by the installer and will therefore facilitate the machine being sited in an appropriate location. As noted above if labels are required on indoor units, it would be most appropriate for these to provide the noise level at the MEPS energy rating capacity. As some jurisdictions have requirements that air conditioners not be audible in neighbouring residences during certain hours at night, reference by installers to a label that only has this level could be very problematic as the machine may emit noise levels greater than 5 dB(A) above this level. As a minimum, any label on the outdoor unit should make reference to another source of information (such as the website that includes the noise data) that provides the maximum noise levels. Preferably any label on the outdoor unit should be more comprehensive than the indoor unit label and provide all the necessary noise levels relevant to all jurisdictions.

The scheme is focussed on ensuring manufacturers supply uniform and reliable noise data that is readily available in all jurisdictions. Even if labels were not a requirement of the scheme, the education program noted in section 5.3 below would be designed to ensure purchasers and installers then apply the noise level information provided on a database or in brochures to prevent noise impacts from air conditioners arising. In many situations there are only a limited number of locations where the machine may be installed. Rather than relying too heavily on the installer referring to the label when the machine is just about to be installed, it may be more appropriate to focus on ensuring the noise level of the machine is factored into the process as early as possible by both the purchaser and installer.

Once the required noise data is more readily available and an effective education program in place, individual jurisdictions may be more likely to consider including provisions within their legislation that focus on installers and, for example, make it an offence to install an air conditioner that causes a noise nuisance. Those jurisdictions that already have these provisions may be more likely to enforce them. This would also assist in ensuring the noise data provided on a website is referred to and properly applied.

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Focussing on providing noise data on a database and possibly brochures would address industry’s concerns about labelling. 2.14.2 Packaging/card display Packaging provides a large surface where all of the relevant noise data provided on a website database could also be displayed. Relatively inexpensive air conditioners are often sold at bulk stores where the units on sale remain packaged. Industry has noted that packaging does not necessarily provide an opportunity to display all the relevant information as some units are transported in crates or plastic bags. The same issues that apply to the labelling of imported product would apply to requiring the information to be noted on packaging. Requiring the information to be available at retail outlets on a card display could be considered. However, models will be changing constantly and it could prove difficult for retailers to keep up to date and problematic to enforce. If the noise information was required to be on a database on the internet, retailers could easily access the information as necessary within their outlets and make it available to consumers if requested. 2.14.3 Brochures Brochures are generally available at retail outlets and could be required to include noise level information. Currently, some brochures express noise level information in sound pressure levels at various distances and not sound power levels. Therefore a requirement that brochures contain the required information and express it as sound power levels may reduce confusion in the market place. Brochures would contain adequate space to list all of the necessary sound level information as well as the frequency data if this is required. This approach would require suppliers who manufacture overseas to provide brochures specifically for use in Australia/New Zealand. Where it may not be cost effective for small suppliers to have brochures especially printed for this region, they could use stickers or include an additional information sheet. 2.14.4 Website database The possibility of including noise levels on a website database should be investigated. All of the relevant information could be readily displayed and explained on a website and avoid providing simplistic information on a label which may mislead purchasers and installers. There was overwhelming support from the air conditioner industry during preliminary consultation for this approach. In the first instance consideration could be given to incorporating the noise level data into the air conditioner section of the Commonwealth Government MEPS energy rating website so purchasers could identify both the energy and noise rating of machines on a single webpage. This approach is supported by industry. Although multi-split and evaporative systems are not currently listed on the energy rating website, the Commonwealth is currently proposing that multi-split systems be incorporated into the MEPS scheme. There may also be scope to include noise data for evaporative systems. The energy rating website is currently being redesigned and this may provide an opportunity to progress this approach.

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The MEPS scheme requires registration forms with the energy efficiency data and a registration fee to be supplied to the participating State and New Zealand authorities. This fee, together with funding from the Commonwealth Government is used to fund the energy rating website which is the responsibility of the Commonwealth and is administered by a consultancy. For new product, the feasibility of including noise data on the MEPS registration forms and an additional fee could be investigated. The back capture of data for product already on the market may require a separate form and fee. If the noise data cannot be incorporated into the energy rating website, the noise level database could be part of any ANZ noise labelling and limit scheme website that may be established. However resources may not be available for a separate noise labelling website to be established and maintained. In order to enable suppliers to state all the relevant information, it may be necessary to provide space on any database for additional information such as night-time mode noise levels to be voluntarily stated. However, a scheme that only requires noise data on a website may not have the same value as a scheme that requires noise labels on the machines. A label is highly visible while noise levels on a website are hidden data which is only viewed by those who search for it. Consumers are unlikely to consider air conditioner noise and ask the salesperson about noise levels unless something has drawn their attention to the issue. Installers are also unlikely to access a website to check the noise level of a machine before they install it unless a sustained education campaign and, possibly a number of prosecutions, alert their attention to the issue. Recommendation: 15. The RIS process be used to assess the costs and benefits of the following options and combinations of these options: Refrigerated machines:

requiring the higher of the sound power levels determined in the MEPS cooling capacity and heating capacity test conditions to be noted on a label on any indoor units displayed at the point of sale

requiring the levels required in Recommendation 9 to be noted on a label on the outdoor units

requiring the levels required in Recommendation 9 to be noted on an internet database requiring the levels required in Recommendation 9 and frequency information (if

supported by the RIS process) to be noted within a product brochure at the point of sale in retail outlets

Evaporator machines: requiring the sound power level determined when the machine is operated at the highest

available setting on a label on the units requiring the sound power level determined when the machine is operated at the highest

available to be noted on an internet database requiring the sound power level determined when the machine is operated at the highest

available setting and frequency information (if supported by the RIS process) to be noted within a product brochure at the point of sale in retail outlets.

2.15 Statistical Sampling

Statistical sampling factors are applied to address uncertainties associated with production variation and are provided in standards such as ISO 7574-3 and ISO 7574 - 4:1985 “Acoustics - Statistical methods for determining and verifying stated noise emission values of machinery and equipment for use by manufacturers”. The acoustic consultant’s report notes that although ISO 7574-3 and ISO 7574-4:1985 indicate sample sizes may range from one to 10 or more, three is the typical sample size.

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If a single unit is found to have a level above that stated on the label, it may be argued that this is a result of the uncertainties around sampling and it would be unreasonable to prosecute for a breach in relation to that article when all of the others in the production run may comply, particularly when the statistical methods within the relevant standards contain uncertainties. For enforcement purposes, the MEPS scheme “Statistical Basis for the Determination of Check testing Validity Criteria” within http://www.energyrating.gov.au/admin-guidelines.html notes” under the current system, a single unit is tested and if this fails the screen test criterion for energy (currently 110%), a further 3 units are tested. If the average of these 3 units exceeds 110% of the manufacturer’s claim, the model is deemed to have failed. Because of the logarithmic nature of the decibel scale, it is not appropriate for the noise labelling scheme to adopt this approach. Decibels need to be averaged logarithmically and the average will therefore tend to be close to the highest figure. The following approach is therefore suggested.

If the first machine tested in the acoustical laboratory has a level that is reasonably less than the level on the label (e.g. more than 2 or 3 dBA less than the level on the label), there is no need for further testing.

If the first machine is within 2 or 3 dB(A) or above the level on the label, a second machine is tested.

If the first and second machine are both above the level on the label the enforcement agency should be in a strong position to claim an offence has occurred.

If the first machine was only close to the level on the label but the second machine is above the level on the label, then a third machine is tested.

If the third machine is also above the level on the label, the enforcement agency should be in a strong position to claim an offence has occurred.

If the third machine is not above the level on the label but either the first or second machine were significantly above the level on the label (e.g. more than 6 dB), the enforcement agency should also be in a strong position to claim an offence has occurred.

This approach would limit the number of machines, and therefore the number of expensive noise tests, to a maximum of three tests. It would also result in the investigation only proceeding when two individual machines are determined to have levels above the level on the label or one has a level significantly above the level on the label. To avoid highly technical arguments in court, it may be appropriate for enforcement agencies to apply a compliance tolerance margin of, for example, 3 dB and not claim an offence has occurred unless at least one of the two machines has a level that is at least 3 dB above the level on the label. Industry has indicated machines of a particular model generally vary by only one or two decibels but possibly up to 3 decibels. Recommendation: 16. That for enforcement purposes, the ANZ noise labelling and limit scheme takes into account ISO 7574-3 and ISO 7574 -4:1985 “Acoustics - Statistical methods for determining and verifying stated noise emission values of machinery and equipment for use by manufacturers”. 2.16 Phasing in of Scheme During consultation with industry, it was noted that it may be necessary to provide a period for manufacturers to re-test all existing models so the required noise data can be back captured. Large international companies indicated that six months may be sufficient while small local companies indicated two years may be required, Recommendation: 17. That the length of any phase-in period be further discussed with industry and finalised if the RIS determines the scheme should proceed.

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3.0 Regulatory Options and Compliance/Enforcement For details on the possible regulatory options and an overall explanation of how the ANZ scheme compliance and enforcement regime could work, refer to the companion paper, “Australian and New Zealand Noise Labelling and Limit Scheme – Recommendations for Portable Equipment”. The following provides details specific to air conditioners together with some contextual information. Elements that will assist in achieving a high level of compliance include:

clear and transparent requirements, proper education of suppliers, effective identification of non-compliance, and an effective and efficient enforcement regime.

3.1 Clear and Transparent Requirements The scheme should be structured so that suppliers, purchasers, installers and the general community can readily understand the scheme requirements and how they can be used to manage neighbourhood noise levels. The requirements of the scheme should be unambiguous, any terms should be clearly defined, any offences should be easily understood and the approach to enforcement should be transparent. The recommendations noted above within this paper and the sections below, particularly those relating to educating suppliers, the enforcement regime, the scheme website and scheme education program for purchasers and installers are all designed to facilitate this approach. A “plain english” guide to the scheme should be prepared once it has been finalised. 3.2 Proper Education of Suppliers An education program for suppliers could provide guidance material alerting them to issues to be aware of when ordering goods and preparing contracts, for example, requiring information from the manufacturer demonstrating that:

goods are labelled in accordance with the requirements; goods are noise tested and labelled accurately; any noise testing has been done in accordance with appropriate standards; and levels on labels take into account uncertainly factors related to test variations and

sampling factors related to the uncertainties associated with production variation. Any evidence a supplier is able to provide related to these points should be taken into consideration by the enforcement agency when undertaking an investigation. 3.3 Effective Identification of Non-compliance The key offences related to air conditioners are to supply articles for sale in Australia and New Zealand that:

do not have the required information available; and record a misleading level.

For both of these offences, “observation reports” of a possible offence could be made to the relevant enforcement agency, by, for example, local government officers. A preliminary investigation by a local government officer may be triggered, for example, by a noise complaint or the owner of an air conditioner noting that it is emitting a significantly higher noise level than calculations using the information provided by the manufacturer predicted. Relevant jurisdictions may also conduct audit inspections of suppliers (i.e. importers, wholesalers and retailers). Which agencies are enforcement agencies will depend on the legislative model adopted (Refer to Section 3.0 “Regulatory Options” in the companion paper

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“Australian and New Zealand Noise Labelling and Limit Scheme – Recommendations for Portable Equipment, May 2010). To determine if machines should have information provided:

For refrigeration systems covered by the MEPS scheme, the enforcement agency could refer to the MEPS energy rating website and determine if the machine has a cooling capacity of 30 kW or less.

For refrigeration machines not covered by MEPS (for example, multi-split systems), if there is any doubt about the cooling capacity of the machine it would need to be rated in accordance with AS/NZS 3823.1 for non-ducted systems and AS/NZS 3823.1.2 for ducted systems. (Note: The Commonwealth Government currently has a Regulatory Impact Statement out for consultation, with a closing date of 6 August 2010, proposing that multi-split systems be incorporated into the MEPS scheme.)

For evaporative systems, if there is any doubt about the cooling capacity of the machine it would need to be rated in accordance with Australian Standard AS2913-2000 “Evaporative Airconditioning Equipment”.

To determine if machines have a maximum sound power level stated that is less than the maximum power level potentially emitted by the article:

For articles in-situ, the enforcement agency could conduct a screening test such as (ISO 9614-2:1996 “Acoustics – Determination of sound power levels of noise sources using sound intensity – Part 2: Measurement by scanning”). The legislation should permit entry by officers onto premises to conduct such a test. The screening test result should have a tolerance margin of, for example, 2 dB(A) applied and if this is exceeded further testing of an equivalent machine should be conducted in a laboratory.

The legislation should enable articles to be taken from any supplier for acoustic laboratory testing when an agency has a reasonable belief that articles have misleading levels stated (e.g. an equivalent model in-situ has failed the screening test, labels have an incorrect format or any other relevant evidence such as a letter from an acoustic consultant etc.)

3.4 Effective and Efficient Enforcement Regime A detailed framework of proposed court offences and penalty infringement notices is outlined in Section 4.5 “Proposed offences and penalties” in the companion paper “Australian and New Zealand Noise Labelling and Limit Scheme – Recommendations for Portable Equipment, May 2010). As well as penalty infringement notices for relatively minor breaches and court offences for repeat or more serious breaches, provision could also be made for enforcement agencies to issue Directions. These could be used, for example, to:

require access to conduct in-situ testing of machines in use require information related to how the level stated was established; require machines to be provided for laboratory testing; require product recall for non compliant equipment; and/or notification by particular suppliers when a new batch of equipment has been ordered

and/or received. (This could facilitate the auditing of suppliers who it is suspected have supplied non-compliant product in the past that was all sold on before definitive testing could be conducted.)

Issuing a Direction may incur an administration fee and where appropriate, the opportunity should be provided to the potential recipient to fulfil the requirements before a Direction is issued. Significant maximum penalties would need to be made available for failure to comply with a Direction to ensure suppliers do not opt for a less expensive option.

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A number of acoustic laboratories have been identified in Australia and New Zealand that would be available for enforcement noise testing conditioners. All nine laboratories identified would be able to verify the maximum sound power level of the approximately 10 to 20% of machines that are non-inverter type air conditioners. A laboratory in Victoria has the facility to apply a thermal load and this could be used to verify the maximum sound power level of inverter air conditioners. Where machines are identified in a jurisdiction other than Victoria, the testing of machines in the Victorian laboratory will not necessarily mean machines will need to be shipped from other jurisdictions to Victoria, as in many cases equivalent machines should be available in Victoria for testing. The costs of testing and transporting machines should be paid by the enforcement agency where it is determined no breach has occurred and by the supplier where a breach has occurred. The scheme is focussed on ensuring manufacturers supply uniform and reliable noise data that is readily available in all jurisdictions. The scheme education program noted in section 5.3 below would be designed to ensure purchasers and installers then apply this data to prevent noise impacts from air conditioners arising. Once the required noise data is available, individual jurisdictions may be more likely to consider including provisions within their legislation that focus on installers and, for example, make it an offence to install an air conditioner that causes a noise nuisance.

Recommendation: 18. That the approaches to regulation, compliance and enforcement be further refined and finalised if the RIS determines the scheme should proceed.

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4.0 Regulatory Impact Statement It is proposed that a Consultation Regulatory Impact Statement (RIS) be prepared for air conditioners. The RIS would provide a cost benefit analysis of the relative merits of the different options, including:

the status quo (i.e. continue the existing schemes in WA and NSW and take no action in the other jurisdictions)

dismantling the existing NSW and WA schemes and take no action in the other jurisdictions

an education program in the jurisdictions a voluntary approach to providing noise information a mandatory requirement for noise information to be supplied on labels or brochures or a

data base (and combinations of these). Although this paper and the companion paper “Australian and New Zealand Noise Labelling and Limit Scheme – Recommendations for Portable Equipment” are focussed on and comprehensively detail the last option, these papers also provide some information about the education and voluntary options. Preparation of the cost benefit analysis will be dependant on access to information that illustrates the cost to industry and consumers under the current situation and the likely cost to industry and consumers if a mandatory scheme is implemented. The air conditioning industry has indicated a willingness to participate in this process. The RIS for air conditioners will be prepared in conjunction with the RIS for portable equipment. Industry, together with the wider community, should be provided with an opportunity to comment on the RIS and the proposed scheme when the RIS is released for public consultation. Recommendation: 19. That the relative merits of the different options for the labelling of air conditioners proposed in this paper for air conditioners be considered in the RIS to be prepared for portable equipment.

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5.0 Additional Work to be Undertaken if RIS Supports Introduction of ANZ Scheme 5.1 Further Consultation with Industry There will be a need to liaise with AIRAH regarding updating the on line calculator. A set of noise test operating procedures and conditions will also need to be developed for inverter machines. These items may require additional funding from all jurisdictions. The length of any phase in period will also need to be further discussed with industry. 5.2 Regulation, Compliance and Enforcement The approaches to regulation, compliance and enforcement will need to be further refined and finalised. 5.2 Scheme Website and Noise Level Database Because there is limited understanding within the community and by installers about noise levels and their measurement and impact, development of a website providing details about the ANZ noise labelling and limit scheme would be advantageous. All jurisdictions would need to contribute towards funding a consultant to assist with the development of a scheme website. The feasibility of the Commonwealth Government administering this should be investigated. Requiring air conditioner noise data to be provided on either the scheme website or the MEPs energy rating website should be further investigated. See section 2.4.3. 5.3 Scheme Education Program A scheme education program focussed on purchasers and installers is considered essential to ensure the labelling requirements are correctly used to manage neighbourhood noise issues. The potential benefits of the scheme could be maximised through the development of a scheme website and readily accessible information brochures. A community education program could, for example, involve brochures and/or web pages and training packages for installer trade organisations that:

explain what the noise information means, explain what sound power level and sound pressure level mean, include a quick reference table to convert a range of common sound power levels to

approximate sound pressure levels at a number of distances (e.g. 1m, 2 m, 5m, 10 m, 20m, 50 m, etc) noting that factors such as reflective surfaces and the nature of the ground surface etc will impact on the actual levels,

include a scale of sound pressure levels related to common situations – eg, ranging from a normal conversation to a jet engine aircraft taking off,

include brief punchy information on the health impacts of excessive noise levels, direct people to appropriate reference material:

o possibly the Commonwealth Government MEPS energy rating website when selecting an air conditioner - if noise levels are included on this database in the future,

o the scheme website – if one is established, o the AIRAH on line calculator for use when installing an air conditioner,

explain how to notify the relevant enforcement agency if it is suspected that a machine has a deceptive label.

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The Commonwealth Department of Environment and Heritage has a national licensing system that applies to the air conditioning industry, focussed on the management of refrigerant gases, and the state and territory jurisdictions also have electrical licensing requirements. These licensing systems could, for example, provide an efficient and effective avenue through which installers could be made aware of the noise requirements. All jurisdictions would need to contribute towards funding consultants to assist with the development of the material/brochures/training package. Funding to support AIRAH to update the on line calculator so it could be applied in all jurisdictions may also need to be considered.

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Appendix 1 – List of Organisations Consulted Preliminary Industry Consultation from March to May 2009

The preliminary industry consultation papers were provided to the following organisations for comment.

Australian Institute of Refrigeration Air Conditioning and Heating (AIRAH) - which

represents engineers and acoustical consultants involved in the industry Air Conditioning and Refrigeration Equipment Manufacturing Association of Australia

(AREMA) - which represents manufacturers Carrier – a manufacturer not represented by AREMA

Responses related to the questions in the paper were received from Panasonic, Actron Air (which manufactures air conditioners and is the sole distributor for Samsung), Daikin Australia Pty Limited and EBM-PAPST A&NZ Pty Ltd. Further Consultation at the Workshop on 6 July 2010

Actron Air Brivis Climate Systems Daikin Australia Pty Limited Fujitsu General (Aust.) Pty. Limited Mitsubishi Electric Australia Pty. Ltd. Mitsubishi Heavy Industries Air-conditioners Australia Pty. Ltd. Temperzone Australia Pty. Ltd.

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Appendix 2 – Acoustic Consultant’s Report

The following 14 paragraphs summarise the terms of reference for the consultancy and the dot points below each paragraph summarize the key items noted and recommended in the consultant’s report.

1) Assess whether AS3781-1990, an updated AS3781 or ISO4781:1996 (or some other standard) should be referenced in relation to the labelling of air conditioners. (As noted above, a number of the standards noted in AS3781-1990 (particularly those referenced in relation to the test codes) have been revised since the standard was published. ISO 4781 – 1984, which AS3781-1990 is based on, has also been replaced by ISO 4871:1996 Acoustics - Declaration and verification of noise emission values of machinery and equipment. This 1996 standard gives information on the declaration of noise emission values, describes acoustical information to be presented in technical documents and specifies a method for verifying the noise emission declaration.)

While the earlier ISO 4871-1984 refers only to Sound Power Level, the labelling

methodology is not acceptable and would lead to confusion when the latest version (ISO 4871:1996) is examined. Therefore any reference to ISO 4871-1984 or ISO 4871-1996 should be avoided.

All the requirements for the ANZ scheme should be written into legislation so the label size, appearance, durability, location on the air conditioner, advertising and packaging and all other technical details on the noise label are fully specified.

ISO test standards should only be referred to with regard to thermal rating and sound power level rating and Australian Standards should only be referred to where ISO Standards are not applicable.

ISO 7574-3 and ISO 7574 -4:1985 Acoustics - Statistical methods for determining and verifying stated noise emission values of machinery and equipment should be referred to and recommended in the labelling scheme for use by manufacturers to determine the number of units to be tested and the applicable sampling factor.

2) Assess whether the cooling capacity of air conditioner units should be determined in

accordance with AS/NZS 3823.1 for non ducted systems and AS/NZS 3823.1.2 for ducted systems, or some other standards should be applied.

Refrigerated air conditioners should be thermally rated in accordance with

AS/NZS 3823.1.2001 (ISO 13253:1995) for ducted units and AS/NZS 3823.2:2009 for non-ducted units.

Evaporative air conditioners should be the thermally rated in accordance with Australian Standard AS2913-2000 Evaporative Airconditioning Equipment.

3) Assess which test method standards and tests within these standards may be applied to

accurately determine the sound power level of domestic air conditioner units. Any of the eight standards and noise tests listed in Table 1 of the report may be used to

assess the noise level of units. The choice of which noise standard a manufacturer or supplier uses should be left to the

manufacturer or supplier. ISO 13261:1998 Sound power rating of air-conditioning and air-source heat pump

equipment part 1: Non-ducted outdoor equipment should be used in conjunction with any of the standards and tests listed in Table 1 of the report.

4) When establishing the recommended options in (3) above, conduct comparative noise

testing to assess whether the condenser needs to be connected to the evaporator with the unit operating under full thermal load for the test to have an appropriate level of accuracy.

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Some air conditioning condensers operate at only one speed, and therefore the noise

measurement for these machines is straight forward. Operation at maximum thermal capacity and therefore the maximum noise level can be readily achieved by setting the thermostat to an extreme temperature. However, inverter type air conditioning condensers operate with variable fan speeds, and only generate their maximum noise level when operating at maximum thermal capacity under extreme temperature conditions.

Comparative testing was not undertaken as discussions with industry made it clear that testing inverter type air conditioning condensers without a thermal load would produce a lower sound power level as the compressor would not be engaged and the fan may not run at maximum speed. Therefore a maximum thermal load should be applied when noise tests are conducted on these machines.

Some inverter type condensers have hard-wired test switches that make the machine run at maximum power for a certain period. For those that do not have a test switch, in order to have the machine run at maximum power, it needs to be connected to a laptop and the software for each manufacturer is unique and access codes required.

5) When establishing the recommended options in (3) above, consider the need for the

tests to include a frequency analysis so any tonality can be identified and noted or accounted for if necessary and the manufacturer can supply the results of the analysis if enclosures or barriers etc need to be designed.

All of the nine tests listed in Table 1 of the report include third octave band frequency

analysis that enable an assessment of tonality. A National Register of Sound Power Levels should be developed – which could contain

the third octave band frequency data. If the noise is tonal, a 5 dB penalty factor should be added to the sound power level on

the label. 6) Assess the viability of using a sound intensity test method or survey test method (and

any other methods considered appropriate) as a relatively quick and inexpensive screening tool for compliance purposes. (Note: Screening check test methods would not need to be as accurate as the recommended laboratory test methods, but would be used by compliance officers as an indicator that a test as established in (3) above should be performed.)

Any screening test used by enforcement agencies to determine if a particular model may

need further testing should be conducted in accordance with ISO 9614-2:1996 Acoustics – Determination of sound power levels of noise sources using sound intensity – Part 2: Measurement by scanning.

A 2 dB(A) tolerance be applied when conducting screening tests. Screening tests should be conducted by a professional engineer or scientist with special

training in acoustics.

7) Report on the size of the common range of production runs and the number of units that need to be tested to accurately establish the sound power level of models in accordance with the recommended option from (1) above, and assess and report on the likely costs to industry (for each test and for each unit within a production run when the cost of the test is spread across the applicable units) when using the recommended test method options established in (3) above.

Although ISO 7574-3 and ISO 7574 -4:1985 indicate sample sizes may range from one

to 10 or more, three is the typical sample size. The cost of each test ranges between $1,500 and $3,000 and a maximum of three

machines are likely to be tested to establish the sound power level of each model.

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The installation of the air conditioning system for testing is the responsibility of the client and this cost can be similar to the cost of laboratory hire and testing.

8) Report on the availability in Australia and New Zealand of noise testing facilities where

the recommended laboratory test methods could be undertaken and the cost to have a unit tested at these facilities.

Any of the seven acoustic laboratories in Australia and two acoustic laboratories in New

Zealand listed in Table 2 of the report should be approved for use to verify the Sound Power Level of non inverter type air conditioners – and inverter type air conditioners providing the appropriate thermal load capability is available.

Only one acoustic laboratory has been identified which has the thermal load capability for inverter machines and this laboratory is located in Victoria and is not able to accurately measure frequencies below 100 Hz.

The cost of laboratory hire and testing ranges between $1,500 and $3,000 for each test. The installation of the air conditioning system for testing is the responsibility of the client

and this cost can be similar to the cost of laboratory hire and testing.

9) Report on the approximate cost to establish, maintain and staff a facility where the recommended labelling test methods could be undertaken, if new facilities are needed.

The construction of a new testing laboratory would be at least $1.4M, not including land

costs, and would cost approximately $200,000 per year to operate. At least one existing laboratory should be retrofitted with a thermal load capability. The

cost of retrofitting a laboratory would probably be at least $100,000. 10) Assess and report on any issues related to requiring evaporative systems to be noise

tested and labelled. Evaporative systems are widely used for domestic purposes in inland areas of Australia,

where the air tends to be drier, and these machines should be included within the scheme.

Australian Standard AS2913-2000 Evaporative Airconditioning Equipment can be used to assess the noise level of evaporative units.

Evaporative air conditioners should be the thermally rated in accordance with Australian Standard AS2913-2000 Evaporative Airconditioning Equipment”.

11) Assess and report on any issues related to requiring quiet or night-time mode levels to

be noted on labels. Some air conditioners have night-time settings that can be set to operate when more

restrictive environmental noise requirements apply. Only the maximum Sound Power Level of the outdoor unit when heating or cooling

should be on the label. A National Register of Sound Power Levels could be developed – which, as well as the

maximum Sound Power Level, could contain the Sound Power Levels for any night time settings.

12) Report on any information obtained during the course of this project relevant to

determining an appropriate cut off point for the cooling capacity of domestic air conditioners – e.g. 12 kW, 20 kW, 25 kW or some other level.

Manufacturers have indicated that systems with a 25 kW capacity are regularly installed

and systems with a capacity up to 28 kW have been installed in domestic situations. Noise labelling of refrigerated and evaporative domestic air conditioners should apply to

those with a thermal rating up to 30 kW.

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13) Report on any information obtained during the course of this project relevant to any issues related to the suggested definition for domestic air conditioners within the proposed ANZ noise labelling and limit scheme.

Define air conditioners as follows:

“Domestic air conditioner means a split, packaged or ducted mechanical system: a) that is capable of controlling air temperature and distribution and that may also

control the humidity and cleanliness of the air, and b) the nominal cooling capacity of which does not exceed 30 kilowatts when

measure in accordance with AS/NZS 3823 or AS2913 as appropriate including evaporative air conditioners, but does not include a device that is designed exclusively for heating.”

14) Report on any information obtained during the course of this project relevant to any

issues related to the use of the suggested label for air conditioners for the proposed ANZ noise labelling and limit scheme.

The maximum Sound Power Level of the outdoor unit when heating or cooling should be

on the label. The maximum Sound Power Level on the label should be the measured “A” weighted

Sound Power Level plus the uncertainty factor that applies for the particular test method plus the sampling factor adopted plus the tonal factor if applicable, expressed as a whole number.

A National Register of Sound Power Levels should be developed – which, as well as the maximum Sound Power Level, could contain third octave band spectral data and the Sound Power Levels for any night time settings and at 100% and 50% of the MEPS rating.

The noise level of an inverter type split system external unit is proportional to its thermal load and many companies make a limited range of external units that can be connected to a range of indoor units in many configurations. The maximum sound power level of the external unit will vary depending upon the size and number of indoor units connected to it.

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Appendix 3 – Regulatory Approaches to Air Conditioners in Jurisdictions

Enforcement of Neighbourhood Noise Issues in Jurisdictions (Portable and Fixed Equipment)

Jurisdiction

Summary of Provisions/Enforcement (provided by each Australian jurisdiction in 2008)

NSW

Enforcement undertaken by local councils (and very occasionally the police). Protection of the Environment Operations (Noise Control) Regulation 2008 provides restricted

times when certain articles must not be heard in living areas of neighbouring residences - e.g. - Air conditioners and hot water heat pumps from 10 pm to 7 am weekdays and 10 pm to 8 am

weekends and public holidays - lawn mowers, leaf blowers, chainsaws etc from 8pm to 7 am weekdays and 8 pm to 8 am

weekends and public holidays. Offence only occurs if activity/noise continues after a warning has been given. Offensive noise provisions in Protection of the Environment Operations Act 1997 apply during

daytime periods not covered by the restricted times in the Regulation – and to articles not covered by the Regulation.

The Regulation also contains noise labelling and maximum noise limit requirements for certain equipment:

- equipment with labelling and limits: lawn mowers – 75/80 dB(A), ride on mowers - 80 dB(A), lawn edger - 75 dB(A), line trimmer – 80 dB(A), brush cutter – 85 dB(A) (For all of these the sound pressure level (SPL) is measured at 7.5 m)

- equipment with labelling only: chainsaws (SPL at 7.5 m), mobile air compressors (SPL calculated from a set of readings taken at 1m and 7m), pavement breakers (SPL calculated from a set of readings taken at 1 m), mobile garbage compactors (SPL at 15 m) and domestic air conditioners (sound power level (LW)).

Note: The limit provisions apply at the point of sale, but are not currently subject to any specific compliance program due to complications with enforcement arising from the Mutual Recognition Act 1992.

ACT

Enforcement undertaken by ACT Government Administered under the Environment Protection Act 1997 and Environment Protection

Regulation 2005 and Noise Environment Protection Policy 1998. The ACT is divided into seven different noise zones in which activities are not permitted to exceed certain maximum levels (LA10T (15min)) - e.g. Residential: 45dB(A) -7am–10pm (8am-10pm Sunday & Public Holidays) and 35dB(A) - 10pm–7am (10pm-8am Sunday & Public Holidays). Civic centre and other major town centres: 60 dB(A) - 7am–10pm (8am-10pm Sunday & Public Holidays) and 50dB(A) - 10pm–7am (10pm-8am Sunday & Public Holidays). Industrial: 65dB(A) - 7am–10pm (8am-10pm Sunday & Public Holidays) and 55dB(A) - 10pm–7am (10pm-8am Sunday & Public Holidays). Noise Regulations provide exemptions that permit certain noisy activities during certain periods - e.g. Garden maintenance or improvement*(use of lawnmowers and other garden equipment): 7am-8pm Monday to Saturday and 8am-8pm Sunday and Public Holidays Maintenance or repair work*(use of power tools, etc): 7 am–8 pm Monday to Saturday 8 am–8 pm Sunday and Public Holidays Noise exceeding the standard may only be emitted for up to 40 hours in any 8 week period. Building work in residential areas - Completed in less than 2 weeks - 7 am–8 pm Monday to Saturday and 8 am–8 pm Sunday and Public Holidays. Completed in more than 2 weeks - 7 am–6 pm Monday to Saturday. No noise exceeding the standard permitted on Sundays and Public Holidays Building work in industrial, city and town centre areas: 6 am–8 pm Monday to Sunday and Public Holidays

Offence only occurs if activity/noise continues after a warning has been given as a result of a valid noise measurement that exceeded the noise zone standard

*Any equipment used must be maintained and operated according to the manufacturer’s specifications.

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VIC

Enforcement undertaken by local councils (and very occasionally the police). The person affected has the power to prosecute breaches of the residential noise provisions.

Noise Regulation provides restricted times when certain articles must not be heard in habitable rooms of neighbouring residences - e.g. - air conditioners and domestic heating equipment from 10 pm to 7 am weekdays and 10

pm to 9 am weekends and public holidays - lawn mowers, leaf blowers, chainsaws etc from 8pm to 7 am weekdays and 8 pm to 9

am weekends and public holidays Audible noise from the prescribed items during the prohibited times in the regulations proves

an offence. Offence must be prosecuted in court unless a direction (which can be issued by a police or

council officer) to abate the noise is breached. A Direction under the act expires after 12 hours and a breach of a direction is subject to an on-the-spot fine

Unreasonable noise provisions in Environment Protection Act apply during daytime periods not covered by the prohibited times in the Regulations

Victoria has no noise labelling requirements in regulation and has no maximum noise limit requirements for domestic equipment.

Technical guidelines set a recommended noise criterion of background + 5 dB(A) at the boundary of the premises for “fixed domestic plant”.

Some Local councils have local laws that duplicate or supplement State provisions. These deal with nuisance or offensive noise tests.

SA

Enforcement undertaken by local councils Day and night time limits for fixed domestic machines are specified in SA Environment

Protection (Noise) Policy 2007 Noise from portable tools is covered by the “Noise from domestic activity” clause in the SA

Environment Protection (Noise) Policy 2007. It recommends tools are only operated from 9 am. to 8 pm. on Sundays and 8 am. to 8 pm. on any other day.

There is no product noise labelling requirement. Compliance with the noise limits is checked at the nearest noise affected premises and

violation results in a notice.

TAS

Enforcement undertaken by local councils during business hours and the police after hours, mostly using the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004 and s53 of the Environmental Management and Pollution Control Act 1994.

Officers may make a subjective assessment of noise nuisance and audibility within a neighbouring residence.

Regulations include provisions for power lawnmowers and garden maintenance equipment, musical instruments and amplified sound equipment, motor vehicles, motor vessels and outboard motors, chainsaws and air conditioners.

Regulations do not include labelling requirements. Lawnmowers - maximum sound levels of 74 dB(A) for engine < 5kW NEP & 77dB(A) for

engine > 5kW NEP as measured at 7.5m; hours of use are 7am-8pm weekdays, 9am–8pm Saturday, 10am-8pm Sunday + statutory public holidays.

Air conditioners – From 7am-10pm (in domestic premises) noise must not exceed 45dB(A) in sleeping areas, 50 dB(A) in recreation/study areas & 52 dB(A) in work areas. From 10pm-7am noise must not exceed 40 dB(A) in sleeping areas, 45 dB(A) in recreation/study areas & 47 dB(A) in work areas.

Chainsaws - approval, consent or land ownership provisions apply to usage within 300m of domestic premises; maximum sound levels of 95 dB(A) for petrol and 77dB(A) for electric models at 7.5m.Hours of use for residential users are restricted to one day in seven (domestic maintenance only) from 7am-6pm weekdays, 9am–6pm Saturday, 10am-6pm Sunday + statutory public holidays. – unless approved or neighbours’ consent is given.

Note: The limit provisions are not enforced at the point of sale, but compliance with the limits may be assessed if noise complaints are made about the equipment when in use.

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WA

Enforcement undertaken by local councils, out-of-hours noise issues requiring quick response are generally dealt with by the police.

Noise Regulations set Assigned Levels, which are the levels allowed to be received at a premises. There are three different types of receiving premises: noise-sensitive, commercial and industrial. Assigned levels are sets of LA10, LA1 & LAmax levels assessed over a Representative Assessment Period. Industrial & commercial Assigned Levels are fixed but the noise-sensitive levels vary and are calculated using TPS zones and the presence of roads with certain traffic flows. This is essentially a nominal background noise calculation system.

The Assigned Levels apply to all noise sources except traffic on roads, trains, aircraft, emergency vehicles and safety warning devices.

Offence occurs if Assigned Levels are exceeded, a complaint is not needed, however enforcement action is essentially complaint driven.

Have exemptions that permit the operation of noisy “specified equipment” on “residential premises” for a 2 hour period between 7am (9am Sundays) and 7pm. “Specified equipment” is equipment that requires the constant presence of an operator for normal use e.g. lawnmowers, leaf blowers etc. but not airconditioners or stereos. There is no noise level limit for specified equipment.

If specified equipment operated for longer than a 2 hour period the Assigned Levels would apply. Enforcement action is essentially complaint driven.

WA Legislation exists that requires LW noise labelling for airconditioners (< 12kW), mobile air compressors and pavement breakers. Does not include evaporative airconditioners. There are no maximum noise limit requirements.

Construction noise is exempt from 7am to 7pm Mon to Sat but must use equipment that is the quietest reasonably available.

QLD

Enforcement undertaken by local councils under the Environmental Protection Regulation 1998, Offence occurs if an abatement notice is not complied with.

Regulated Devices (power tools, lawnmowers etc)

o Sunday or public holiday, before 8a.m. or after 7p.m or on a Saturday or business day, before 7a.m. or after 7p.m. -> audible noise

Pumps o before 7a.m. or after 10p.m.->audible noise o 7a.m. to 7p.m -> Bkg+5dB(A) o 7p.m. to 10p.m. -> Bkg+3dB(A)

Air conditioners o 7a.m. to 10p.m. -> Bkg+5dB(A) o before 7a.m. or after 10p.m. -Bkg+3dB(A)

Refrigeration Equipment o before 7a.m. or after 10p.m Bkg+3dB(A) o 7a.m. to 10p.m.-> Bkg+5dB(A)

NT

NT tends to use approach taken in NSW to neighbourhood noise. Local council involvement in environmental noise issues has seen increasing support for

noise labelling. There are no specific contrary requirements to noise labelling in the NT.

NZ

Enforcement is undertaken by local authorities. The Resource Management Act (1991) states that “Every occupier of land (including any

premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or the coastal marine area, shall adopt the best practicable option to ensure that the emission of noise from that land or water does not exceed a reasonable level.”

Local authorities have Noise Control Officers who investigate and assess noise levels and ensure they are reduced if they are considered excessive under the Resource Management Act. If excessive noise is not reduced the Noise Control Officer may visit which could result in equipment seizure and/or a fine of up to $10,000 being issued for non compliance with a direction to reduce the noise to a reasonable level.

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Appendix 4 – Existing NSW Air conditioner Label Label format The sound power level of a unit shall be displayed on a label with dimensions 5 cm x 10 cm. the sound power level number shall be displayed in figures at least 1 cm high. The label shall have a permanent clearly visible black legend on a polished metal background. The label shall have the format indicated below.

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Appendix 5 - Review of Australian Jurisdiction Approaches to Assessing Tonality Jurisdiction and Publication

Method

South Australia Environment Protection (Noise) Policy 2007 and Guidelines for use of the Environment Protection (Noise) Policy 2007

Allows for either subjective or objective assessment of tonal noise (the subjective assessment is to be done by an authorised officer or police officer). In either case the tonal noise should dominate the overall noise impact rather than simply be audible. The objective test involves a 1/3 octave band analysis as per AS 1055, with a 5dB penalty applied where tonal. The guideline states that the assessment of tonality is to be done on the noise at the receiver.

Queensland Guideline – Noise – Planning for Noise Control (published by the Department of Environment and Resource Management, 2004)

Allows for either subjective or objective assessment of tonal noise. The subjective assessment involves subtracting 2dB from the planning noise level at the receiver if just detectable, and subtracting 5dB from the planning noise level at the receiver if prominent (clearly audible). The objective assessment involves: • Comparing 1/3 octave band A-weighted levels with average of adjacent band

levels, • tonal where difference is greater than 3dB, The dB value subtracted from the planning noise level at the receiver is frequency dependent and also relates to the difference between the tonal band and the average of the adjacent bands. Where it is suspected that for any sample a tone falls between two adjacent one-third octave bands, a narrow-band analyser must be used. The guideline does not explicitly refer to a minimum duration of the tone(s), however it requires an analysis duration of at least 30 seconds.

Victoria State Environment Protection Policy (Control of Noise from Commerce Industry and Trade) Number N-1 (1989)

Recommends a subjective assessment for minor premises and an objective assessment for major premises. Objective assessment involves: • Comparing 1/3 octave band A-weighted levels with average of adjacent band

levels, • tonal where difference is greater than 3dB, • playback pitch can be adjusted during analysis to centre on band avoiding the

splitting of sound energy between bands that occurs when tone is at cross over frequency.

Note that “safety alarms” are excluded from SEPP N-1, which includes beeper alarms. Does not explicitly refer to a minimum duration of the tone(s), however requires a minimum analysis duration of 24 seconds. The guideline does not explicitly state that the assessment of tonality is done on noise level at the receiver, however refers to “noise emission” which suggests the test applies to noise at the receiver.

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Western Australia Environmental Protection (Noise) Regulations 1997

Tonal if the difference between the sound pressure level in any third-octave band and the average of the two adjacent bands is greater than 3dB (if the levels are measured as LAeq,T, where T is more than 10% of the assessment period) or greater than 8dB at any time (if the levels are measured as LA, Slow). Regulation 7(1)(b)(i) specifies that noise emitted form any premises or public place when received at other premises must be free of tonality. However, noise is taken to be free of tonality if (a) the tonality cannot be removed by reasonable and practicable techniques other than attenuating the overall level, and (b) the noise level complies with the noise criterion after 5dB adjustment is applied to the noise. The assessment of tonality is done on noise at the receiver.

Australian Capital Territory Environment Protection (Noise Measurement Manual) Approval 2009 (No 1)

Same as the method in the NSW Industrial Noise Policy.

New South Wales NSW Industrial Noise Policy EPA 2000

5 dB correction applied when level of one-third octave band exceeds the level of the adjacent bands on both sides by: —5 dB or more if the centre frequency of the band containing the tone is above 400 Hz —8 dB or more if the centre frequency of the band containing the tone is 160 to 400 Hz inclusive —15 dB or more if the centre frequency of the band containing the tone is below 160 Hz. The policy notes that narrow band frequency analysis may be required to precisely detect occurrence.