Accessibility of establishments open to the public (ERP): what's new?

The rules governing accessibility for the disabled in ERP buildings have recently undergone a number ofregulatory changes. Let's take a look at the changes that concern you, the ERP operator.

I. What is ERP?

Establishments open to the public(ERP) are: "all buildings, premises and enclosures in which people are admitted, either freely or in return for payment or participation of any kind, or in which meetings are held that are open to all or by invitation, whether or not there is a charge".

ERP are therefore buildings in which outsiders are admitted. A business that is not open to the public, but only to staff, is not an ERP.

ERP are subject to a double classification:

• in types, depending on the nature of their operation (shopping centers, conference rooms, banks, etc.).
• into categories, based on permissible public and staff numbers, ranked from 1 to 5 in descending order of importance.

It should be noted that for 5th category establishments, the number of people not constituting the public is not taken into account for classification purposes.

Establishments in categories 1-4 are subject to stricter safety regulations than those in category 5.

ERP must be accessible to disabled people, whatever their handicap.

II. A new obligation: the public accessibility register

All ERP operators must now set up a public accessibility register. This register must be made available to the general public by October 22, 2017 at the latest. It must be updated regularly. The register sets out the measures taken to enable everyone, and in particular the disabled, to benefit from the establishment's services, whatever their handicap.

An order dated April 19, 2017 [1] specifies the content of the public accessibility register and the procedures for making it available to the public. It also determines the specific features of this register for public transport service stops falling under the ERP regime.

The public accessibility register contains :

• • full information on the services provided in the establishment (car parking, access to the establishment, equipment available: audio-guides, activation of subtitling, etc.).
  • a description of the training given to staff in charge of welcoming disabled people, with supporting documents. For 1st to 4th category buildings, a certificate signed and updated annually by the employer describing these training initiatives is required.
  • administrative and technical documents relating to the establishment's accessibility for disabled people, or copies of them.

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These parts are as follows:

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Reception staff must be able to inform users about the accessibility of the establishment's various services.

The public accessibility register is available to the public at the establishment's main accessible reception point. It can be in paper or electronic format (for example, consultation from a tablet). The register can also be posted online on the establishment's website.

III. Modifications to certain accessibility rules applicable to existing public buildings

An order of April 28, 2017 amends the order of December 8, 2014 [2], which sets accessibility requirements for disabled people in existing ERP buildings.

As a reminder, these are the accessibility rules that need to be taken into account when bringing an existing ERP into compliance, within the framework of an Agenda d'Accessibilité Programmée (Ad'AP). The Ad'AP is a commitment to carry out the work required to bring the ERP into line with the regulations. A deadline is set, and the work and financing are programmed.

Possibility of implementing alternative solutions

If solutions other than those prescribed by the Decree of December 8, 2014 are implemented, they must pursue the same objective. To implement these solutions, the project owner must demonstrate that they meet accessibility objectives according to the following procedure:

• Three copies of the supporting documents, unless sent electronically, must be sent to the local prefect before work begins.
• Notification by the prefect of his reasoned decision, within 3 months of receipt of the information, after consultation with the departmental consultative commission on safety and accessibility. In the absence of a response from the commission within 2 months of transmission of the request for an opinion, the latter is deemed favorable. In the absence of a response from the prefect within 3 months of the date on which he receives the request for approval, the latter is deemed to have been granted.

IV. ERP construction: new accessibility rules from July^1, 2017

An order dated April 20, 2017 [3] sets out the technical rules for ensuring the accessibility of new establishments. It repeals and replaces the order of August^1, 2006. These new provisions apply to applications:

• • building permits
  • authorizations to build, convert or modify an ERP submitted on or after July 1, 2017

Accessibility rules apply to the following elements:

• external pathways, car parking and access to the establishment or facility
• welcoming the public
• horizontal and vertical interior circulation systems
• staircases, elevators, moving walkways, escalators and inclined planes
• floor, wall and ceiling coverings, doors, gates and airlocks
• premises open to the public, equipment and control devices
• sanitary facilities, exits and lighting

For each element, the expected uses and minimum characteristics are specified (e.g., wayfinding and guidance, dimensional characteristics, location, number, etc.).

Additional rules are defined for:

• establishments open to the seated public (auditoriums, restaurants, etc.),
• establishments with accommodation (hotels, boarding schools, etc.),
• cabins and areas for individual use,
• cash registers,
• devices or equipment arranged in series or in arrays.

It should be noted that solutions with equivalent effect can be implemented. These must meet the same objectives as the solutions prescribed by the decree. In this case, the project owner must provide the Prefect of the département with the information needed to verify that the accessibility objectives have been met. This must be done before the work begins. The procedure is the same as for existing ERP (see III. above).

Conclusion

Whether you're the operator of an existing or future ERP building, these changes to accessibility regulations concern you.

As mentioned above, it remains possible to implement equivalent solutions. However, this must meet the same accessibility objective as that prescribed by the regulations.

[1] Arrêté du 19 avril 2017 fixant le contenu et les modalités de diffusion et de mise à jour du registre public d'accessibilité [JORF du 22 avril 2017]

[2] Arrêté du 8 décembre 2014 fixant les dispositions prises pour l'application des articles R. 111-19-7 à R. 111-19-11 du code de la construction et de l'habitation et de l'article 14 du décret n° 2006-555 relatives à l'accessibilité aux personnes handicapées des établissements recevant du public situés dans un cadre bâti existant et des installations existantes ouvertes au public

[3] Arrêté du 20 avril 2017 relatif à l'accessibilité aux personnes handicapées des établissements recevant du public lors de leur construction et des installations ouvertes au public lors de leur aménagement [JORF du 26 avril 2017]

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