Accessibility : a decree simplifies the rules for the ERP-new

RULES. A decree of 20 April, just specify the rules of accessibility in the construction of establishments receiving the public and facilities open to the public (IOP). These new provisions will come into force on July 1, 2017.
A decree relating to the accessibility for persons with disabilities in establishments receiving the public (ERP) will be new has been published in the official Journal of April 26, 2017. This text, which purpose is to simplify the existing regulations in this area, has been designed in line with the report “Adjustment of the normative environment” submitted to the government in February 2014 by senator Claire-Lise Campion. The rules laid down by this decree shall enter into force on July 1, 2017 in the framework of the construction of the ERP, and installation of facilities open to the public (IOP).


The draft decree had been heavily criticized by the council of disability


As a reminder, the draft decree had been criticized, on February 17, 2017, by the national advisory Council of disabled persons (CNCPH). The instance put particularly into question the concept of “solution of equivalent effect” is always present in the final text (article first). Are described and solutions are not specifically listed in the decree, but which can be implemented “as soon as they meet the same objectives as the solutions prescribed”. In other words, these solutions of equivalent effect are supposed to offer to the masters of works, a certain amount of latitude to get out of the regulatory and technical framework stricto sensu.


The text also provides that, from 1 July, is that these “solutions having equivalent effect” to be validated by the prefect and the advisory commission of the département safety and accessibility (CCDSA), in the three months after they have been brought to their attention. In the absence of reaction of the prefect in this period, the solution is automatically validated.


“This order prescribes regulations for accessibility as a minimum”


The CNCPH was felt that, for his part, that this type of solutions was not clearly enough defined, and was challenging the principle of “silence is acceptance”. “It is a decree, which prescribed regulations for accessibility as a minimum and, at the same time, allows to avoid the technical rules, leaving the responsibility to the CCDSA to arbitrate between a solution with equivalent effect, as proposed by the employer, and the regulations written in the order”, said the council in its opinion of February 2017.

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