Obligation to make LES accessible to persons with disabilities

The rules accessibility are imposed on a ERP: titleContent new and an existing or created ERP within an existing built framework.

They apply strictly to LES located in new buildings, which must incorporate accessibility standards as soon as they are built. The rules are more flexible for existing ERPs, as the difficulty of modifying a more or less old frame is taken into account.

The following shall be accessible:

• Outside Paths
• Parking of vehicles
• Conditions of access and reception in buildings
• Horizontal and vertical movements within buildings
• Indoor spaces and public toilets
• Doors, interior locks and exits
• Floor coverings and walls
• Indoor and outdoor equipment and furniture likely to be settled there (e.g. lighting and user information devices)

Equivalent accessibility solution

You must build an ERP in accordance with the accessibility standards set out in the regulations.

You can also ask the prefect for permission to do otherwise to achieve the same level of accessibility. With a new technical, technological or architectural proposal, you propose a equivalent accessibility solution.

You send your request in 3 copies or electronically to your prefecture, with the elements that make it possible to verify that your solution will correspond to the accessibility objectives.

The prefect must have you notify its reasoned decision within 3 months of receipt. In the absence of a response, your request is considered granted.

Equivalent accessibility solution

To achieve the level of accessibility required by regulation in an existing ERP or one created within an existing built framework, you can ask the prefect for permission to do otherwise.

With a new technical, technological or architectural proposal, you propose a equivalent accessibility solution.

You send your request in 3 copies or electronically to your prefecture, with the elements that make it possible to verify that your solution will correspond to the accessibility objectives.

The prefect must have you notify its reasoned decision within 3 months of receipt. In the absence of a response, your request is considered granted.

This is not a derogation, the objective of accessibility of your institution is achieved.

Derogation

The manager of a ERP: titleContent existing or created in an existing building may ask not to apply the rules accessibility in some cases:

• Technical impossibility (characteristics of the land, presence of other constructions, ...)
• Constraints related to heritage conservation
• Cost of the work disproportionate to the improvements made by accessibility

For an ERP located in a common residential complex, an exemption may be requested if the co-owners refuse to authorize accessibility work in the common areas.

The request for derogation is sent to the City Hall. It shall indicate the element concerned, its reason and justification. It shall be authorized after obtaining the opinion of the Departmental Advisory Committee on Safety and Accessibility.

Where an ERP carries out a public service mission, the request for a derogation must include one or more alternative measures to improve access to the service for all citizens. This may involve, for example, making a service available in an accessible location, or human assistance for a specific action.

How do I apply for a waiver?

Alternative measure

If access to all services is impossible in a ERP: titleContent existing of 5th categoryHowever, disabled people can access all services in only part of the building. In this case, inaccessible benefits shall be made accessible by means of alternative measures.

An ERP in charge of public service mission shall provide for one or more alternative measures together with its request for derogation.

It is no longer possible to schedule work within the framework of a scheduled accessibility agenda (Ad'AP). All ERPs must be accessible or in the process of completing the work set out in their approved schedule. At the end of the works, a certificate of completion of the works and the accessibility actions must be sent to the prefect.

Certification of Completion of Work for an ERP under an Ad'AP

The certificate must be completed by an approved titular technical controller or architect. For a Category 5 ERP, it may be established by the owner or operator. It shall be accompanied by all documents justifying the implementation of the work and actions provided for in the agenda.

Non-accessible LES must be requested byAuthorization of works or full compliance building permit. Otherwise, administrative and criminal sanctions are applicable.

Any manager of a ERP: titleContent accessible, must declare accessibility from its establishment to the following:

• Prefect of department

• Accessibility Commission of the municipality where the establishment is located

They can do it directly online. He shall attach a certificate of his establishment's compliance to the following form:

The register accessibility inform the public of the measures taken in theERP: titleContent to enable everyone, regardless of disability, to benefit. The operator shall establish it with the following elements:

• Full information on the services provided by the establishment
• Administrative documents (accessibility certificates, accessibility schedule in case of a scheduled accessibility agenda...)
• Technical parts (maintenance procedures for lifts, lifts and automatic removable ramps...)
• Description of training measures for staff responsible for accommodating disabled people

For public transport service stopping points (e.g. a station) subject to the ERP regime, the public accessibility register may cover an entire line or network.

It can be consulted at the main reception point of the establishment, possibly in dematerialized form. It can also be found on the property's website.