What authorization is required to open an ERP to the public?

Verified 26 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The operator of a facility receiving from the public (ERP) must apply for a license to open before it can be opened to the public. We are taking stock of the regulations.

When a ERP: titleContent has undergone construction or rehabilitation work, the operator must apply for a permit at the end of the work before opening to the public.

Similarly, if the establishment has been closed for more than 10 months, it must apply for an authorization before it reopens.

The operator must submit the application more than one month before the scheduled date of opening to the public.

The procedure is to be done by mail to his town hall (in Paris, to the police prefecture.)

An operator shall:

  1. Provide a certificate of acceptance of accessibility rules (established by a supervising office or an architect other than the one following the project) 
  2. Request a security and accessibility board reception visit.

Visits by a Category 5 ERP with sleeping areas (lodging, boarding house...) are not mandatory for accessibility, but remain so for security.

Who shall I contact

The operator must attend the visit to his establishment or be represented there.

The committee shall issue a opinion that she hands over to the mayor or police commissioner of Paris. The latter authorizes the opening by a decree. This Order is notified to the operator by letter RAR: titleContent.

When the mayor or police prefect of Paris opposes the opening of theERP: titleContent, the operator may challenge that decision before the administrative court within 2 months.

FYI  

Some sports establishments shall be subject to approval from the prefecture. It is a condition of the authorization of opening issued by the mayor. It concerns the following sports establishments:

  • Outdoor facility with capacity exceeding 3,000 spectators
  • Covered establishment with a capacity exceeding 500 spectators.

The seating capacity corresponds to the number of individualizable seating positions available to spectators in fixed and temporary stands.

The operator must submit the application more than one month before the scheduled date of opening to the public. He makes this request to his city hall (in Paris, to the police department).

The request for authorization to open the ERP must be made by mail requesting a visit from the security and accessibility committees.

The operator asks the mayor (or the police prefect in Paris) to visit his establishment. After a visit to the site, the safety and accessibility committees decide on the respect of the fire and panic safety rules and rules accessibility.

The operator must attend the visit to his establishment or be represented by a qualified person.

Commissions shall issue a opinion that they pass on to the mayor. The latter authorizes the opening by a decree. This Order is notified to the operator by letter RAR: titleContent.

Who shall I contact

Where the Mayor or the Police Commissioner of Paris opposes the opening of the ERP, the operator may challenge that decision before the administrative court.

Visits by a Category 5 ERP with sleeping areas (lodging, boarding house...) are not mandatory for accessibility, but remain so for security.

FYI  

Some sports establishments shall be subject to approval from the prefecture. It is a condition of the authorization of opening issued by the mayor. It concerns the following sports establishments:

  • Outdoor facility with capacity exceeding 3,000 spectators
  • Covered establishment with a capacity exceeding 500 spectators.

The capacity corresponds to the number of seats available to spectators in fixed and temporary stands.

Who can help me?

The public service accompanying companies

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