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Authorization to build, develop or modify an establishment open to the public (ERP) which does not require a building permit


Scope of application

This obligation applies to the applicant if he wishes to :
  • build, fit out or modify an establishment open to the public (ERP), and
  • carry out accessibility work in an establishment open to the public as part of a programmed accessibility plan,
and that the planned work is not subject to either a building permit or a development permit.

Exclusion


Description

In the event that the proposed construction, development or modification does not require a building permit or development permit, the operator (or the developer) of the ERP must obtain a permit from work with the mayor, especially if the work is subject to prior declaration. In this case, the preliminary declaration is requested in parallel with the work authorization.

Work that leads to the creation, development or modification of a public institution (ERP) can only be carried out after authorization issued by the City Council which verifies their compliance with the rules of accessibility to disabled people, security or additional safeguarding and security measures and means of evacuation and defense against fire.

The application file, sent in 4 copies, must include many pieces including:
  • plan and diagram,
  • reaction to fire materials,
  • safety notice,
  • note on the consideration of accessibility for people with disabilities (specific locations, for example).
The processing time of the application is 4 months from the filing of the file.

The file is first examined by the safety and accessibility committee which gives an opinion to the mayor within a maximum of 2 months (after this period, the opinion is considered favorable).

Then the mayor can issue the work permit. The absence of a decision implies acceptance of the work.

During the operation of the ERP, control visits requested by the operator at the town hall must be made by the safety and accessibility committees at different times according to the type of establishment.

For example, stores must be controlled:
  • every 3 years for an ERP type M of the 1st and 2nd categories;
  • every 5 years for ERP type M of the 3rd and 4th categories.
But the commissions can also carry out checks at any time, at the request of the mayor (or the prefect).

In case the security and accessibility rules can not be respected, the owner of the ERP can request a derogation by indicating the compensatory measures provided. It is the prefect who makes the decision. If there is no response within 3 months and 2 weeks, the derogation is considered granted when it concerns establishments of 3rd, 4th and 5th category (refused when it concerns establishments of 1st and 2nd category.

After completion of the works, the public opening of the ERP is subject to the authorization to operate issued by the town hall.

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