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Decree Of 24 September 2009 Amending The Decree Of 4 June 2004 Relating To The General Requirements Applicable To Classified Installations Subject To Declaration Under The Heading 2930 Relating To Repair And Maintenance Of Motor Vehicle Workshops...

Original Language Title: Arrêté du 24 septembre 2009 modifiant l'arrêté du 4 juin 2004 relatif aux prescriptions générales applicables aux installations classées soumises à déclaration sous la rubrique 2930 relative aux ateliers de réparation et d'entretien de véh...

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JORF n°0237 of 13 October 2009 page 16706
text No. 2



Decree of 24 September 2009 amending the decision of 4 June 2004 on the general requirements for classified facilities under heading 2930 relating to the repair and maintenance workshops of motor vehicles and equipment, including the activities of bodywork and sheet metalworking

NOR: DEVP0915309A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/9/24/DEVP0915309A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations,
Given the environmental code, including its Articles L. 512-10, L. 512-11 and R. 512-55 to R. 512-60 ;
See?4 June 2004 the general requirements for classified facilities under heading 2930 for repair and maintenance workshops for motor vehicles and machinery, including body and metalworking activities;
Considering the opinion of the professional organizations concerned;
Based on the opinion of the Superior Council of Facilities ranked as of 30 June 2009,
Stop it!

Article 1 Learn more about this article...


Item 2.7 of Schedule I to the above-mentioned decision of June 4, 2004 is replaced by:



"2.7. Electrical installations


The operator shall maintain at the disposal of the inspection of classified facilities the evidence that its electrical installations are carried out in accordance with the applicable rules, maintained in good condition and verified. »

Article 2 Learn more about this article...


It is added to Appendix I to the decision of 4 June 2004 referred to a point 1.8 as follows:



" 1.8. Periodic inspection


The installation is subject to periodic inspection by approved bodies under the conditions defined in Articles R. 512-55 to R. 512-60 of the Environmental Code.
The purpose of these controls is to verify the conformity of the installation with the requirements listed in Annex III, possibly amended by prefectural order, when applicable to it.
The operator retains the inspection report that the registered agency addresses in the "categorized facilities" file referred to in 1.4. If the report discloses non-compliance with the control provisions, the operator shall implement the corrective actions necessary to remedy the control. These actions and their implementation dates are formalized and retained in the above-mentioned file. »
An annex III to the above-mentioned decision of 4 June 2004 is added to the schedule to this Order.

Article 3 Learn more about this article...


In Appendix II of the June 4, 2004 Order relating to the general requirements for classified facilities under heading 2930 for the repair and maintenance workshops of motor vehicles and equipment, including the above-mentioned bodywork and metalworking activities, a fourth column is added in the table with the following statements:
« 01/11/2009.
1.8. Periodic inspection".

Article 4


The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E
    "A N E X E I I I
    Requirements for periodic inspection


    The control set out in item 1.8 of Schedule I shall include the following provisions (the points mentioned refer to Appendix I):


    1. General provisions
    1.4. File installation classified


    "The operator must establish and maintain a record with the following documents:
    - the declaration file;
    - plans kept up to date;
    - the receipt of declaration and general requirements;
    - prefectural orders relating to the facility concerned under the law relating to facilities classified for environmental protection, if any;
    – if they exist, the results of the last effluent and noise measurements;
    - the documents provided for in paragraphs 3.5, 3.6, 4.3, 4.7, 4.8, 5.1, 5.9, 6.3 and 7.5 of this Order.
    This file is subject to inspection of classified facilities. »
    Subject of control:
    - presence of the declaration receipt;
    - presence of general requirements;
    - presentation of prefectural orders relating to the installation, if any.


    2. Implantation - development
    2.1. Implementing rules


    "The facility is located at a distance of not less than 15 metres from the property or premises occupied or inhabited by third parties. An exemption may be granted by the prefect subject to the presentation of a file justifying the absence of risk for third parties. »
    Subject of control:
    Distance between installation and ownership limits.


    2.3. Prohibition of third-party premises
    or inhabited above the facility


    "The facility must not be overcome by premises occupied by third parties or inhabited. »
    Subject of control:
    No premises occupied by third parties or inhabited above the facility.


    2.4. Fire behaviour of buildings


    "In order not to aggravate the effects of a fire, facilities that store flammable materials or products, on the one hand, and buildings or premises that are frequented by staff and sheltering offices or places whose vocation is not directly related to the operation of the facility, on the other hand, are separated:
    either by a distance of at least 10 metres between the premises if they are distinct;
    ― either by a firewall of degree 2 hours, exceeding at least 1 meter in roof and 0.5 meter laterally, in other cases. The doors are 1 hour fire cut and have a door lock or a device ensuring their automatic closing.
    The premises shall be equipped in part high of devices for the evacuation of smoke, combustion gas and heat released in the event of fire (roofings, façade openings or any other equivalent device). Manual opening controls are located near the access. The swelling system is adapted to the particular risks of the installation.
    In the case of an installation equipped with an automatic fire-extinguishing system of a sprinkling type, all arrangements must be made to ensure that the automatic or manual opening of smoke and heat outlets only occurs after the extinction operation. »
    Subject of control:
    - separation of storage facilities of flammable materials and products and places whose vocation is not directly related to the operation of the facility by a distance of not less than 10 metres if the premises are separate or by a wall-cut fire;
    - presence of smoke and combustion gas evacuation devices;
    ― positioning of manual opening controls near access;
    ―in the case of an installation equipped with an automatic fire-extinguishing system of type sprinkling, the presence of a device allowing the opening of smoke and heat outlets only after the extinction operation.


    2.6. Ventilation


    "Without prejudice to the provisions of the Labour Code, the premises must be properly ventilated to avoid any risk of explosive or toxic atmosphere. The impact of the ventilation atmosphere is placed as far as possible from nearby dwellings and outdoor air aspiration mouths, and at a sufficient height given the height of surrounding buildings in order to promote the dispersion of rejected gases. »
    Subject of control:
    presence and proper operation of ventilation devices.


    2.9. Retention of work areas and premises


    "The floor of the work areas must be waterproof and incombustible.
    In particular, the soil of areas and premises for the storage or handling of hazardous materials for humans or likely to create pollution of water or soil is waterproof, incombustible and equipped so that it can collect washwater and diffuse materials accidentally; for this, a raised threshold relative to the ground level or any equivalent device separates them from the outside or other areas or premises. The materials collected are preferably recovered and recycled, or, if impossible, processed in accordance with point 5. 5 or 7. »
    Subject of control:
    soil sealing (by visual examination: nature and absence of cracks);
    ― the ability of the areas and premises to collect the water and common matter (presence of threshold).


    2.10. Retention bowls


    "Every storage of liquid products that may create pollution of water or soil is associated with a retention capacity that is at least equal to the largest of the following two values:
    100% of the capacity of the largest tank;
    50% of the overall capacity of the associated tanks.
    Fixed tanks are equipped with level gauges and for buried storage of filling limiters. Storage under the soil level is permitted only in masonate or assimilated pit tanks. The watertightness of the tanks must be controlled.
    When the storage is made exclusively of receptacles of unit capacity less than or equal to 250 litres, allowed for transport, the minimum retention volume is equal to:
    - in the case of flammable liquids, with the exception of lubricants, 50% of the total capacity of the receptacles;
    - in other cases, 20% of the total capacity of the receptacles;
    - in all cases, at least 800 litres or the total capacity of the receptacles if this capacity is less than 800 litres.
    The retention capacity is waterproof to the products it could contain and must resist the physical and chemical action of the fluids. The same applies to the shut-off device that is kept closed in normal conditions.
    Containers or containers containing products that may react dangerously together shall not be associated with the same retention bowl. »
    Subject of control:
    - presence of retention cuvettes;
    - volume of retention capacity;
    for fixed tanks, presence of gauges;
    ― for buried storages, presence of filling limiters;
    – storage conditions under the soil level (masoned or assimilated pit tanks);
    - leakage of retention bowls (by visual examination: nature and absence of cracks);
    - closed position of the shut-off device;
    – presence of separate retention cuvettes for products that can react dangerously together.


    2.11. Confinement of the site


    "Assets for the shut-off of run-off water systems are established to maintain on the site the extinguishing water of a disaster or the flow of a transport accident. A directive sets out the modalities for the implementation of these devices. »
    Subject of control:
    – presence of a device for the shut-off of run-off drainage networks.


    3. Operations - Maintenance
    3.3. Knowledge of products - labelling


    "The operator must have at his disposal documents that allow him to know the nature and risks of hazardous products present in the facility, in particular the safety data sheets provided by the facilityArticle R. 231-53 of the Labour Code.
    The drums, tanks and other packagings shall bear in very legible characters the name of the products and, where appropriate, the hazard symbols in accordance with the labelling of hazardous substances and chemical preparations. »
    Subject of control:
    • presence of security data sheets;
    – presence and legibility of product names and hazard symbols on drums, tanks and packagings.


    3.5.5. States of stockpiles of dangerous goods


    "The operator must keep up to date a statement indicating the nature and quantity of the hazardous products held, to which a general storage plan is attached. This condition is maintained at the permanent disposal of the inspection of classified facilities and fire and rescue services.
    The presence in workshops of hazardous or combustible materials is limited to the needs of the operation. »
    Subject of control:
    - presence of the state of the stocks of dangerous products;
    - compliance of hazardous inventory on the day of stock control;
    - presence of the hazardous product storage plan;
    – absence of hazardous materials in workshops not required for operation.


    4. Risks
    4.2. Fire relief means


    "The facility has fire-relief facilities that are appropriate to the hazards and meet the standards in force, including:
    ― extinguishers distributed inside the premises, on the outside areas and places with specific risks, close to the clearances, well visible and easily accessible. extinction agents must be appropriate to the risks to be combated and compatible with the products stored;
    - at least one fire unit (public or private shower or pole, water point, basin or tank...) located not more than 200 metres from the facility;
    a means to alert fire and rescue services;
    – a reserve of absorbent products (e.g. dry sand and furniture) in a quantity suitable for risk, without being less than 100 litres, as well as projection excavators.
    The premises containing fuel or flammable products, including storage, loading, unloading and implementation of solvent products such as paints, are also equipped with:
    – an automatic fire detection system;
    - armed fire faucets.
    These materials must be maintained in good condition and verified at least once a year.
    The staff is trained in the implementation of all fire-relief means. »
    Subject of control:
    presence and location of extinguishers;
    ― presence and location of at least one fire unit (stamps, posts...)
    - presence of a fire and rescue service alert;
    - presence of a reserve of absorbent products greater than 100 litres and projection excavators;
    - in premises containing fuel or flammable products:
    • presence of an automatic fire detection system;
    - presence of armed fire faucets;
    supporting the annual audit of these materials;
    - supporting personnel training for the implementation of fire-relief means.


    4.3. Risk location


    "The operator shall identify, under its responsibility, the parts of the facility that, because of the qualitative and quantitative characteristics of the material being implemented, stored, used or produced, are likely to cause a disaster that may have direct or indirect consequences on the environment, public safety or the maintenance of the facility.
    The operator determines for each part of the facility the nature of the risk (fire, explosive atmospheres or toxic emanations). This risk is reported.
    The operator must have a general plan of the workshops and storages indicating the different hazard areas associated with these risks. »
    Subject of control:
    - presence of the workshop plan indicating the different areas of danger;
    - presence of risk signalling in danger areas, in accordance with the plan indications.


    4.5. Prohibition of fires


    "In the parts of the facility, referred to in point 4.3, with fire or explosion risks, it is prohibited to bring fire in any form (e.g., work requiring the use of a flame or a hot source), except for the conduct of work that has been the subject of a "fire permit", i.e. carried out in accordance with the rules of a particular set-up, established and This prohibition is displayed in apparent characters. »
    Subject of control:
    ― display of the prohibition in apparent characters in the parts of the facility with fire or explosion risks.


    4.7. Safety signs


    "Without prejudice to the provisions of the Labour Code, instructions specifying the terms and conditions for the application of the provisions of this Order must be established, kept up-to-date and brought to the attention of staff in places frequented by staff. These instructions should include:
    ― the prohibition to bring fire in any form, and the prohibition of smoking, in the parts of the installation referred to in point 4.3 "fire" and "explosive atmospheres" ;
    - the requirement of the "fire permit" for the parts of the facility referred to in 4.3;
    - emergency shutdown and installation safety procedures (electricity, fluid networks)
    - measures to be taken in the event of leakage on a container or pipeline containing dangerous substances, including the conditions of release provided for in 5.7;
    – the precautions to be taken for the use and storage of incompatible products;
    - means of extinction to be used in the event of a fire;
    - the alert procedure with the telephone numbers of the facility's response officer, fire and rescue services, etc.;
    - the modalities for the implementation of the containment devices provided for in item 2.11;
    – the obligation to inform the prefect in the event of an accident. »
    Subject of control:
    Presence of instructions indicating:
    - places of prohibition to bring fire;
    - places of obligation of a "fire permit";
    - the procedures for stopping the emergency and security of the facility;
    - measures to be taken in case of leakage on a container or pipeline containing dangerous substances;
    – the precautions to be taken with the use and storage of incompatible products;
    means of fire suppression;
    - the warning procedure;
    - the modalities for the implementation of containment devices.


    4.8. Operating conditions


    "Operations involving dangerous manipulations and the conduct of installations (starting and stopping, normal operation, maintenance...) must be subject to written operating instructions. These instructions include:
    - the operating modes;
    - the frequency of verification of pollution safety and treatment devices and nuisance generated;
    - maintenance and cleaning instructions;
    ― the maintenance in the workshop of hazardous or combustible materials of the only quantities necessary for the operation of the facility;
    – the conditions for the conservation and storage of products.
    The workshop will be divided into specialized workstations or multi-function workstations. Each workstation will be arranged to receive only one vehicle at a time.
    The distances between workstations will be sufficient to ensure that vehicles are isolated to prevent the spread of a fire from one vehicle to another.
    Welding operations can only take place on workstations for this purpose and under conditions defined by internal instructions. »
    Subject of control:
    Presence of instructions indicating:
    - the operating modes;
    - the frequency of verification of safety and treatment devices;
    - maintenance and cleaning instructions;
    – the limitation to the strictly necessary quantities stored;
    – the conditions for the conservation and storage of products.


    5. Water
    5.1. Abductions


    "Water sampling facilities in the natural environment must be equipped with total water quantity measuring devices. These measures are regularly noted and the result is recorded and held at the disposal of the inspection of classified facilities.
    The connection to a water table or the public drinking water distribution network is equipped with a device that prevents the return of water that can be polluted.
    The use of the fire water system is strictly reserved for disaster and rescue exercises and for maintenance or maintenance operations outside of the network. »
    Subject of control:
    - presence of the totalizing measuring device;
    - presence of recordings of measurement surveys;
    ― presence of an anti-return device.


    5.6. Prohibition of cluster discharges


    "The direct or indirect discharge even after wastewater purification in an underground water table is prohibited. »
    Subject of control:
    - verification of the nature of the wastewater discharge point.


    5.9. Operator monitoring of pollution released


    "The operator shall establish a program to monitor the emission characteristics of representative pollutants among those referred to in point 5.5:
    - total hydrocarbons;
    - total metals;
    - global nitrogen;
    - total phosphorus.
    A measurement of the concentrations of the different pollutants referred to in point 5.5 shall be carried out at least every three years by a body approved by the Minister responsible for the environment. These measurements are carried out on a representative sample of the operation on a day of the installation, consisting either by a continuous sampling of half an hour or by at least two instantaneous samplings spaced half an hour.
    In the event that such a sample is not available, an assessment of the capacity of the treatment equipment to meet the limit values is carried out.
    The prefect may, at any time, request the operator to submit the results of these measures, which must be less than three years old.
    The pollutants referred to in point 5.5 that are not likely to be emitted in the facility are not subject to the periodic measures provided for in this item. In this case, the operator shall be at the disposal of the inspection of classified facilities the technical elements to verify the absence of such products in the facility. »
    Subject of control:
    - presence of the monitoring program;
    - presence of the results of the measurements of the pollutants referred to in point 5.5 carried out by an approved body or, in cases where it is not expected, of the assessment of the capacity of the purification equipment to meet the applicable emission limit values;
    - compliance with the results of measurements with the applicable emission limit values;
    ― the presence of evidence that pollutants referred to in point 5.5 not subject to periodic measurements are not issued by the facility.


    6. Air - smells
    6.1. Capture and purification of releases to the atmosphere


    "Smoke, gas, dust or odours must be equipped with devices to collect and channel emissions as much as possible. These devices, after purification of the gases collected as required, are equipped with obturable and accessible holes (conformed to the provisions of NF X44-052) for sampling for analysis or measurement.
    The outlet of the chimneys is remote to the maximum of the dwellings and mouths of fresh air aspiration and must not contain obstacles to the diffusion of the gas (Chinese scaps). Release points are as small as possible.
    Dilution of effluents is prohibited, unless the prefect explicitly authorizes. It may not be authorized for purposes only to respect the limit values expressed in concentration.
    The operator shall make the necessary arrangements to limit the formation of dust, particularly in the case of the movement of devices or vehicles in the facility's enclosure. »
    Subject of control:
    • presence and good condition of devices to collect and channel emissions;
    - presence of obturable openings;
    – lack of obstacles to the proper diffusion of gases.


    6.2. Limit values and conditions of release


    (b) Volatile organic compounds (VOCs).
    b. 2) Emission limit values.
    II. - Special cases: facilities under heading 2930. II on the retouching of vehicles (part "Application of paint, varnish, primer").
    II.C. Risk-phrasing substances R 45, R 46, R 49, R 60, R 61 and halogenated R 40 or R 68, as defined in the above-mentioned decision of 20 April 1994.
    "The substances or preparations to which are attributed, or on which must be applied, the risk phrases R 45, R 46, R 49, R 60 or R 61, due to their content of carcinogenic, mutagenic or toxic organic compounds for reproduction, are replaced as much as possible by less harmful substances or preparations. »
    Subject of control:
    - supporting the impossibility of substituting R 45, R 46, R 49, R 60 or R 61.


    6.3. Operator monitoring of pollution released


    (a) General case.
    "The operator shall establish a program to monitor the emission characteristics of the pollutants referred to in 6.2:
    - VOC;
    - CH4;
    ― CO, NOx, dust in the event of engine testing in the facility premises;
    ― halogenated substances (CFCs, HCFCs and HFCs) for workshops specialized in automotive air conditioning interventions.
    A measurement of the discharge rate and concentration of pollutants referred to in 6.2 shall be carried out according to the standard methods in force at least every three years. However, pollutants that are not likely to be present in the facility are not subject to specific measures. In this case, the operator shall be at the disposal of the inspection of classified facilities the technical elements to attest to the absence of these products in the facility.
    The odour flow measurement can be performed at the request of the prefect according to the standard methods in force if the installation is subject to complaints of olfactory nuisances.
    The measures are carried out by an organization approved by the Minister responsible for the environment when it exists.
    In the absence of a standardized specific method and where the compounds are in particulate or vesicular form, the isocintic sampling conditions described in NF X44-052 shall be met.
    These measurements are carried out over a period of approximately half an hour, under conditions representative of the operation of the facility. At least three measurements are carried out over a half-day period.
    The prefect may, at any time, request the operator to submit the results of these measures, which must be less than three years old.
    In the event of an impossibility, related to activity or equipment, to perform a representative measure of discharges, an assessment of the operating conditions and capacities of the purification equipment to meet the limit values is carried out. »
    Subject of control:
    - presence of an emission monitoring program for COs, NOx, dust in the event of an engine test at the facility premises and halogenated substances (CFCs, HCFCs and HFCs) for workshops specialized in automotive air conditioning interventions;
    ― the presence of the results of measures made by the operator or, in the case of anticipated impossibility, of the assessment of the capacity of the purification equipment to meet the applicable emission limit values;
    – compliance with the results of measurements with the applicable emission limit values.
    (b) Cases of facilities under heading 2930. II on the retouching of vehicles (part "Application of paint, varnish, primer"): specific provisions concerning VOCs.
    "Every operator of a facility that consumes more than one ton of solvents per year puts in place a solvent management plan, including inputs and solvent outputs from the facility. This plan is made available for inspection of classified facilities. »
    Subject of control:
    ― when the solvent consumption of the facility exceeds one ton/year, the presence of the management plan and the supporting documentation for solvent consumption.
    "Continuing monitoring of all VOC emissions excluding methane is carried out if, on the entire facility, one of the following conditions is met:
    – the maximum VOC time flow excluding total carbon methane exceeds:
    - 15 kg/h in the general case;
    ― 10 kg/h if VOC-loaded gas purification equipment is required to meet the limit values of channelled emissions;
    - the maximum hourly flux of VOCs excluding methane referred to in II.B of paragraph 6.2. of this annex, or with a risk phrase R 45, R 46, R 49, R 60 or R 61, or halogenated compounds with a risk phrase R 40 or R 68, exceeds 2 kg/h (in sum of the compounds).
    However, in agreement with the prefect, this continuous monitoring can be replaced by the monitoring of a representative parameter, correlated to emissions. This correlation should be confirmed periodically by an emission measurement.
    In other cases, instantaneous sampling is performed. »
    Subject of control:
    ― when the VOC hourly flow exceeds the expected values, establish a permanent monitoring of the channeled emissions or presence of the monitoring statements of the representative parameter defined by the prefect (document to be provided);
    ― in other cases, presence of instantaneous sampling results.
    "In the event that the time flow of VOCs referred to in II.B of item 6.2 of this annex, or with R 45, R 46, R 49, R 60 or R 61, or the halogenated compounds labelled R 40 or R 68, exceeds 2 kg/h on the whole facility, periodic measurements of each VOC present will be carried out in order to establish a present correlation between the measurement of the non-vedic species. »
    Subject of control:
    the presence of periodic measures; or
    - justification for an hourly flow less than 2 kg/h;
    – compliance with applicable emission limit values.
    "When the installation is equipped with an oxidator, compliance with the NOx, methane and CO emission limit values set out in Article 6.2 II.A is verified once a year, on continuous and stable operation. »
    Subject of control:
    - presence of annual measures;
    – compliance with applicable emission limit values.


    7. Waste
    7.2. Circuit controls


    "The operator shall be bound to the obligations of registers, declarations of disposal of waste and tracking slips under the conditions prescribed by the regulations in force. »
    Subject of control:
    - presence of the registry.


    7.3. Waste storage


    "The waste produced by the facility must be stored in conditions that prevent the risk of pollution (prevention of flies, runoffs, soil infiltration, odours), in containers identified by labelling and watertight.
    The quantity of waste stored on the site must not exceed the monthly capacity produced or, in the event of external processing, a normal batch of shipment to the disposal facility. »
    Subject of control:
    – storage conditions;
    ― quantity of waste on the site.


    7.5. Hazardous wastes


    " Hazardous wastes must be disposed of in regulated facilities under the Environmental Code, under conditions to ensure environmental protection. A register of hazardous waste produced (nature, tonnage, disposal) is maintained. The operator must issue a tracking slip as soon as it delivers these waste to a third party and must be able to justify its disposal;
    supporting documents must be kept for three years.
    In particular, used oils and drain oils must be recovered in tanks or containers specially designed for this purpose. They shall be assigned to a picker or a certified elimator under the conditions provided for in the legislation in force (Decree No. 79-981 of 21 November 1979).
    As well, used batteries must be stored full in waterproof bins, with lids, or on waterproof areas, and be processed in accordance with existing regulations (Decree No. 99-374 of 12 May 1999).
    The refrigerant fluids collected, as specified in Article 6.2 point (c), which cannot be reintroduced into the same equipment after being filtered on site, or whose marketing is prohibited, shall be handed over to producers of fluids and importers of equipment or their delegates for reprocessing or destruction in accordance with the regulations in force (EC Regulation No. 2037). »
    Subject of control:
    - presence of the current registry;
    - presence of supporting documents for disposal, recovery or processing;
    - presence of follow-up slips.


Done in Paris, September 24, 2009.


For the Minister and by delegation:

Director General

risk prevention,

L. Michel


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