Key Benefits:
Mr. President of the Republic,
This Order is made pursuant to sections 1, 2 and 3 Act No. 2014-789 of 10 July 2014 empowering the Government to adopt legislative measures for the accessibility of institutions receiving public, public transport, housing and road facilities for persons with disabilities.
La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La Act No. 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of persons with disabilities requires that public and private institutions, receiving public and public transport, be accessible to persons with disabilities, respectively, before 1 January 2015 and 13 February 2015. Such an obligation also applies to the construction of new collective housing and to the work carried out, as a step, on public road.
This Order proposes the adoption of measures relevant to the area of the law allowing the implementation of the decisions taken by the Government on 26 February 2014 on the basis of the preconizations resulting from the conclusion reports of the two consultation projects launched at the end of 2013 in order to make the legal framework for the intervention of the actors evolve in a consensual way: a first task was to implement the "programmed accessibility agendas" (AdiffPA) enabling public actors and A second project focused on the accessibility standards of the built environment, road and public transport, to adapt them to the evolution of techniques, the needs of persons with disabilities and the constraints of operators.
The order is made up of four chapters: the first relates to accessibility requirements for the built-in framework and accessibility schedules for public-receiving institutions and open-ended facilities; the second chapter is devoted to accessibility requirements and accessibility guidelines-accessibility schedules programmed in the field of public passenger transport; the third chapter deals with various provisions relating to other accessibility issues; the last chapter concerns the provisions applicable to the overseas and the conditions and dates of entry into force of the devices in place.
Chapter I deals first with accessibility requirements for the current built-in framework that are amended in the first two articles; It also deals with the provisions necessary for the establishment of the accessibility agendas programmed for institutions receiving the public and facilities open to the public which are introduced into the legal norm by Articles 3 and 4 and, finally, through Article 5, on the provisions relating to the applicable penal sanctions.
Section 1 amends various accessibility measures to the built-in framework listed in the building and housing code.
It intervenes first of all to add to the special terms already provided for in article L. 111-7-1 of this code, which specifies the modalities for the implementation of the accessibility obligation for new buildings, specific provisions for individual houses and housing units of collective dwellings, to be defined by decree in the Council of State, when modifications of the purchaser are carried out.
It also modifies theArticle 8 of Act No. 65-557 of 10 July 1965 establishing the status of co-ownership of built buildings by inserting public provisions that aim to include in the common areas new condominiums of parking spaces suitable for vehicles of persons with disabilities. In addition, there are plans to lease these parking spaces as a priority for persons with disabilities to be defined at the regulatory level.
Section 2 amends theArticle L. 111-7-3 of the Construction and Housing Code, which evokes accessibility requirements for existing public-receiving institutions, in order to adapt the regime of granting exemptions to accessibility rules for public-receiving institutions by permitting implicit acceptance decisions and by limiting compliance with the advice of the departmental advisory board of security and accessibility to certain cases. However, an explicit decision and the compliant notice are still required for applications for exemptions from first and second categories.
In addition, this article is adapted to make these derogations mobilizable by all institutions receiving the public in an existing built environment, to clarify the concept of derogation for manifest disproportion between the improvements made and their consequences and to take into account, through derogations, granted ex officio, where applicable, the situation of institutions receiving the public when these establishments exist and must be put in accessibility or when they are being created
Finally, section L. 111-7-3 is amended to create a document attesting to the timely consideration of accessibility requirements under the Act of 11 February 2005.
Section 3 amends the Construction and Enabling Code to create all the provisions governing the use of the scheduled accessibility schedule for public-receiving institutions and public-opening facilities, a new tool used by a landlord or operator to make it accessible, in a calendar that goes beyond the deadline of January 1, 2015 established by the law of February 11, 2005, when it is not accessible.
He inserts in the part of the building and housing code related to accessibility of buildings for persons with disabilities or reduced mobility seven new articles to manage the programmed accessibility schedule.
The new section L. 111-7-5 defines the accessibility schedule as a mandatory device for the owners and operators of one or more institutions receiving the public or open-ended facilities that will allow actors who are not in compliance with the accessibility rules laid down by the law of 2005 to engage in a specific schedule. These agendas are intended for owners and operators of public-receiving institutions or public-opening facilities and describe the multi-year accessibility work of one or more of their facilities or facilities. Beyond its definition of the tool, this article also defines the content (programming of the work or other actions necessary for accessibility, funding, etc.) referring the detailed description to a decree.
New section L. 111-7-6 sets out the deadlines for the filing of the schedule (the applicant shall file the application for approval of the schedule within twelve months of the publication of this order) and the derogatory cases for the extension of the filing deadlines when the applicant cannot engage on sincere financial programming elements. It also specifies the deadlines for approval of the agenda. It defines the administrative authority that approves the agenda (prefect of the department in which the establishments or facilities are located and prefect of the department of the applicant's seat for a programmed accessibility agenda beyond the departmental framework).
Article L. 111-7-7 newly inserted in the building and housing code deals with the possible modulations of the duration of the agenda, which can range from one year to three periods of three years. The schedule usually has one period. However, a scheduled accessibility schedule with one or more establishments of first to fourth categories has two periods and an extension covering one or two additional periods may be granted by the administrative authority on the basis of objective criteria in the case of a calendar of establishments of fifth class in a particular situation or in the case of a heritage of establishments or facilities whose accessibility is particularly complex. These criteria depend, among other things, on the heritage characteristics that the owner or operator of establishment or installation plans to make available in the context of scheduled accessibility schedules (number of buildings, etc.) as well as its investment capacity.
Article L. 111-7-8 provides the terms and conditions for the extension of the time limits for the execution of the agenda in different cases of figure: an extension of not more than three years is granted in case of force majeure, renewable if this period is not sufficient; an extension of not more than one year is granted in case of serious technical, financial or other difficulties when proven.
New article L. 111-7-9 inscribed in building and housing code introduces the principle of monitoring the progress of accessibility and that of notification of completion of work, by referring to the decree the precise modalities based on the transmission of elements to the prefect of the departments concerned.
Article L. 111-7-10 creates in building and housing code the penalty for an applicant who would not file an application for approval of the schedule before the date provided for in this respect: he must pay a flat fine (from 1 500 euros for an agenda covering a single institution receiving the public from 5th category and 5,000 euros in the other cases), on the one hand, and reduce the time for the accessibility of his calendar of the number of months corresponding to the delay, on the other. It also provides for a lump-sum monetary penalty for failure to comply with the follow-up obligations (a fine of 1,500 euros for an agenda covering a single institution receiving the public of 5th category and 2,500 euros in other cases).
Finally, article L. 111-7-11 describes under what conditions the follow-up to the agenda put in place may, within the framework of a deficiency procedure, lead to greater sanctions in the event of a breach of the commitments made by the signatory of the agenda. This control system will be the counterpart to the overrun of the time limits initially established by the law of 11 February 2005. The article specifies in which situations a conflicting procedure is initiated against the relevant owner, what decisions can be made and how the possible financial penalty is proportionate to the breaches of the initial commitments based on the actual difficulties demonstrated by the owner and capped on the basis of his financial capacity and the criminal penalties to which he was exposed without a scheduled accessibility schedule. Decisions made following a deficiency procedure range from the extension of schedule deadlines when it was established that the signatory of the agenda could not, for objective reasons, fulfill its commitments in the due time and the establishment of an accounting provision with an injunction to finish the work with the monetary penalty and the repeal of the decision to approve the schedule for the most serious cases.
Section 4 aims to create a universal accessibility support fund.
To do this, he inserts, on the one hand, a new article in the building and housing code defining the purpose of this fund dedicated to the financing of the actions accompanying the accessibility of the company and its management modalities. It is anticipated that this fund will be administered by an ad hoc management committee and entrusted to the National Solidarity Fund for Self-Government (CNSA) for its financial management. The Fund's resources are derived from the financial penalties imposed in connection with the scheduled accessibility agendas and the accessibility-programmed accessibility schedules frameworks provided for in Article 3, Chapter I and Article 7, Chapter II, of this Order after the implementation of a deficiency procedure.
This article amends, on the other hand, the articles of code of social action and families specifying the purpose of the public institution to add a new jurisdiction to the institution to ensure the management of the fund on a strictly accounting basis.
Article 5, in addition to the provisions relating to the management of this new device, which represents the scheduled accessibility schedule, makes amendments to theArticle L. 152-4 of the Construction and Housing Code to integrate the consequences of the creation of the planned accessibility agendas for criminal sanctions: the development of an accessibility agenda programmed by an owner or institution operator receiving the public allows it not to be exposed to these penal sanctions from the deadline for the filing of this agenda and that it can implement, in legal security, the commitments made in the framework of the agenda; However, in the absence of a scheduled accessibility schedule, non-compliance with accessibility requirements is, unless derogated, punishable by criminal penalties.
Chapter II deals with the provisions relating to the accessibility obligations applicable in the field of public passenger transport, through Article 6, which intervenes to amend these accessibility obligations, on the provisions necessary for the establishment of a device comparable to that of the accessibility schedule programmed for institutions receiving the public, the master plan of accessibility-programmed accessibility schedule, through Article 7, which introduces into the legal standard
Section 6 sets out requirements for stopping points and accessibility of rolling stock for public passenger services by amending several articles of the Transport code.
Amendments to theArticle L. 1112-1 of the Transport Code indicate that the stopping points to be developed, excluding school transport, are those that are of a priority to objective criteria relating to the attendance, organization of transportation networks and service of the territories. More specifically with regard to railway stations and other stop points, some of which also have the status of public-receiving establishments, it is specified, on the one hand, the stopping points to be adjusted which are those of a priority character with respect to specific criteria and, on the other hand, the modalities for the operation of alternative measures that must be put in place for others.
Amendments to theArticle L. 1112-3 of the Transport Code clarify the scope of application of the obligations that currently relate to rolling stock. The accessibility obligations on its renewal created by the Act of 11 February 2005 are supplemented to clarify that the rise in power of accessible rolling stock may continue beyond 2015 and to supervise it by establishing a new obligation, relative to the proportion of the road rolling stock that must be accessible when it is used as part of a public passenger road transport service. In addition, it is specified that rolling stock must be prioritized for lines with accessible infrastructure. School transport is excluded from the scope of this article.
The current article L. 1112-4 is clarified to better define the technical impossibilities that can prevent the accessibility of priority stopping points.
The codified provisionsArticle L. 1112-7 of the Transport Code (subject to "referral of complaints") are amended to rename the mechanism for reporting barriers to the free movement of persons with reduced mobility created by the Act of 11 February 2005, which makes it possible to clarify its objective.
Finally, a new article L. 3111-7-1 is created to clarify the specificities of the accessibility obligations of the school transport service, both with regard to stop points and rolling stock: these obligations are based on individual requests for accommodation made by the legal representatives of children with disabilities who are enrolled in full-time school, given the preconizations of the personalized schooling project.
Article 7 aims to put in place the Accessibility Master Plan - a programmed accessibility agenda equivalent to the accessibility of public passenger transport, on the scheduled accessibility schedule provided for in Article 3 for institutions receiving the public. It inserts four specific articles in this regard Transport code.
Article L. 1112-2-1 is thus created to define this tool by taking into account the elements of the Accessibility Master Plan for Services created by the Act of 11 February 2005 for the accessibility of public passenger transport services and by supplementing it with the schedule and funding of accessibility work, the list of stop points considered priority and which must therefore be developed in the department, the modalities of training of personnel in contact with the public The planned accessibility-accessibility schedule template also includes alternative transportation for non-priority stop points in the department when it comes to stations. The new scheme, which must also include the respective commitments of the various owners and co-financers possible, is to substitute, if any, for the one already adopted by the transport organizing authority or, in the absence of an organizing authority, by the State.
This new article L. 1112-2-1 defines the rules for the development of the schema calendar governing stop points common to transport services dependent on different authorities. It specifies the filing procedures and, where appropriate, the derogatory cases of extension of filing times when the applicant cannot engage on sincere financial programming elements as well as approval of the planned accessibility-accessibility schedule template. It specifies to which administrative authority the schedule is tabled: prefect of the department for a service of transport of travellers of departmental or subdepartmental level, prefect of the department of the headquarters of the local authority for a service of transport of regional interest, minister of transport for a railway service of national interest) within twelve months after the publication of this order.
The newly created article L. 1112-2-2 defines the duration of the planned accessibility-advisory accessibility plan, which depends on the type of public passenger transport service considered: urban transport services benefit from three years, those of non-urban road transport and those of the six-year STIF, the nine-year-old railway transport services.
An article L. 1112-2-3 is also included in Transport code to provide for possible terms and conditions for the extension of these deadlines, such as those defined for the scheduled accessibility schedules for institutions receiving the public.
Article L. 1112-2-4, also new in Transport code, defines the lump-sum monetary penalties to which a failure to deposit obligations within the expected deadlines of a master plan of accessibility-programmed accessibility schedule (perfective monetary penalty of 5,000 euros and reduction of the time of accessibility of its schedule of the number of months corresponding to the delay) and the obligations of monitoring the progress of the planned work (perfective monetary penalty of 2,500 euros) It also provides that, as part of a deficiency procedure, breaches of staff training and user information obligations imposed on the signatory of the schedule may be sanctioned. This control device is in exchange for the possibility of requesting an overtaking of the time limits initially provided by the law of 11 February 2005, through the voluntary development by the transport organizing authority or, if not, by the State of a master plan of accessibility-programmed accessibility schedule and its approval by the administrative authority.
Section 8 shall provide greater transparency in the performance of accessibility obligations applicable to public passenger transport services reviewed in section 5.
On the one hand, section L. 1221-4 is amended to clarify the content of the public transport service agreement (public service agreements or public service delegations) that must specify the status of bidders with respect to the accessibility obligations related to the proportion of rolling stock available at the time of its procurement and that must include penalties applied for non-compliance with accessibility obligations.
On the other hand, this same article and article L. 1221-10, which evokes another method of organisation of public transport services, governs it, are amended to ensure that the transport organizing authority ensures effective control over how these obligations are implemented, through an annual deliberation on the performance of the public passenger transport service, whether it is carried out in the framework of a public service agreement.
Chapter III deals with various provisions relating to other accessibility issues.
Article 9 amends Article 45 of the Law of 11 February 2005 on two points: it is specified that municipalities of less than 500 inhabitants may not have to develop the accessibility plan of the road and the accommodation of public spaces established by the Law of 11 February 2005 and that those of 500 to 1,000 inhabitants may be limited to the most frequented routes of the commune for its development. It also aligns section 45 of the Act of 11 February 2005 with the amendments made in addition to sections 1 and 2, including those relating to accessibility requirements for public passenger transport services provided for in section 6.
Article 10 amendsArticle 88 of Act No. 87-588 of 30 July 1987 carrying various social measures that already allow blind guide dogs and assist dogs of persons with disabilities in the transports and public places in order, on the one hand, to widen the free access to all persons with disabilities concerned, some of them, holders of a priority card, needing to be accompanied by a dog to move, and, on the other hand, to allow free
Article 11 amends theArticle L. 2143-3 of the General Code of Territorial Communities to change the name and expand the composition of the Commission for Accessibility to Persons with Disabilities, which was created at the municipal or intercommunal level, by the law of 11 February 2005. These commissions include representatives of older persons and representatives of economic actors. The consequences of the creation of programmed accessibility agendas and of the accessibility-programmed accessibility-plans plans, as provided for in Article 3 and Article 7 respectively, are also drawn and new missions are entrusted to these commissions, including the task of identifying accessible and accessible facilities electronically.
Section 12 incorporates knowledge acquisition modules in the areas of reception and support for persons with disabilities in the training of professionals called to be in contact with users and clients in institutions receiving the public.
Chapter IV deals with the provisions applicable to the overseas and the conditions and date of entry into force of the devices in place.
Article 13 extends to Mayotte the provisions of Act No. 87-588 of 30 July 1987 carrying out various social measures relating to the access of blind guide dogs and assist dogs of persons with disabilities to public transport and places, after their modification by this order.
Section 14 amendsArticle L. 161-3 of the Construction and Housing Code, thus allowing the measures applicable in the Hexagon provided for by the order to be applied in an identical manner to Mayotte: on the one hand, the difference of three years for the deadlines relating to the accessibility that comes from the application of the ten-year period established by the law of 11 February 2005 for the accessibility of the institutions receiving the public to the identical from the date on which these provisions are entered on the other hand, the extension to Mayotte from building and housing code having held that the current fire and panic safety commission in public-receiving establishments, as provided for by prefectural order, continues to exist until 31 December 2015, when the departmental advisory commission of civil protection, security and accessibility comes into force, this adaptation is maintained identically for the new provisions of the order that refer to this commission.
Section 15 amends the transportation code for the application of the provisions of the order to Mayotte in this area.
The purpose of this article is to extend to Mayotte the provisions of Chapter II of Title I of Book I of the Transport Code, which concern the accessibility of public passenger transport services for persons with disabilities or whose mobility is reduced and which are currently not applicable.
Article 15, II, provides for the adaptation of these provisions on a basis similar to what has been done for programmed accessibility agendas for institutions receiving the public by creating three new articles in the Transport code.
An article L. 1821-1-1 is inserted in Transport code to align the effective date of accessibility of public transport services with that provided by the building and housing code for institutions receiving the public for Mayotte, i.e. on February 28, 2019 for the deadline for the filing of the accessibility-programmed accessibility plan.
An article L. 1821-1-2 is also inserted, which is reproduced in Transport code planned adaptation to building and housing code, which provides for the competence of the current fire and panic safety commission in institutions receiving the public in place of the departmental advisory commission on civil protection, security and accessibility, whose constitution is not provided for before the end of 2015 in Mayotte.
Finally, an article L.1821-1-3 is introduced to adapt the implementation date before which the built underground rail and guided transport networks are exempt from the accessibility period provided by the law of 11 February 2005, by the date of entry into force of the order.
Section 16 states that sections 6 and 7 of the order are not applicable to Saint-Barthélemy and Saint-Martin as they relate to road transport and are intended to toilet the order.Article L.1831-1 of the Transport Code by deleting a reference to Chapter II in Title I of Book VIII that does not exist.
Article 17 amendsArticle L. 2571-2 of the General Code of Territorial Communities so that the additions of competence concerning the communal or inter-communal commission for accessibility to persons with disabilities and relating to the programmed accessibility agendas and the frameworks for accessibility-programmed accessibility agendas are not applicable to Saint-Pierre-et-Miquelon, these new tools cannot be made mobilizable by the order, the community having competence on these subjects.
Section 18 deals with the entry into force of certain provisions on a date other than that corresponding to the publication of the order. For example, the provisions of Article 1 I and II relating to the co-ownership and alteration of the purchaser are applicable, respectively, to the co-ownership of the built buildings and to housing whose application for a building permit was filed as of January 1, 2015.
This is the subject of this order that we have the honour to submit to your approval.
Please accept, Mr. President, the assurance of our deep respect.
