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Decree of January 2, 2002

Decree of 2 January 2002 relating to the location of materials and products containing of
L’asbestos before demolition pursuant to L’article 10-4 of the decree n° 96-97 of the 7
modified February 1996


The Minister for L’employment and solidarity, the minister of L’equipment, of transport and housing, the minister delegated to health and the secretary D’State with housing, Considering the decree n° 96-97 of modified 7 February 1996 relating to the protection of the population against the medical risks related to an exposure to L’asbestos in the built buildings, and in particular his article 10-4, Stop:

Article 1
The location, before demolition, of materials and products containing of L’asbestos, defined in L’article 10-4 of the decree of 7 February 1996 referred to above, relates to the built-in products and materials or forming indissociablement a unit with L’real and mentioned in appendix 1 of this decree.

Article 2
The location of materials and products containing of L’asbestos is carried out according to methods' defined in appendix 2 of this decree.

Article 3
The general manager of L’town planning, of L’habitat and construction, the director of the relations of work and the general manager of health are charged, each one in what relates to it, of L’execution of this decree, which will be published with the Journal officiel de la République française.
Fact in Paris, January 2, 2002.


With N N E X E 1
RELATING TO THE PRODUCTS AND MATERIALS
CONTAINER OF L’ASBESTOS TO BE LOCATED BEFORE DEMOLITION
You can consult the table in the OJ
n° 28 of the 02/02/2002 page 2220 to 2222


With N N E X E 2
RELATING TO THE METHODS OF LOCATION, BEFORE DEMOLITION, OF
PRODUCTS AND MATERIALS CONTAINING OF L’ASBESTOS


1. General
This location consists to identify and locate materials and products containing of L’asbestos built-in or forming indissociablement a unit with L’real to demolish. L’operator of location and the donor D’order (the owner or its agent) finalize together the plan of prevention relative to L’operation of research of materials likely to contain L’asbestos, holding account in particular methods D’access to the buildings. The location is carried out after final evacuation of the building and removal of furniture, so that all the components are accessible. A first phase of location can however be committed before L’evacuation, for research which does not generate D’emission of fibres. In this case, L’operator carrying out the location must be the same one for the various phases. It takes care then of the coherence of various research and the verification of L’together of the results.
L’operator in load of this location must satisfy the regulations of L’article 10-6 of the decree n° 96-97 of modified 7 February 1996. It can resort to the services D’another operator only if this one satisfy the same regulations.

2. Methods of location
Initially, L’operator of location seeks and notes visu the presence of materials and products which correspond to the components or parts of components listed in appendix 1 of this decree and which is likely to contain L’asbestos. S’it is informed D’different products or materials considered to contain L’asbestos, it also locates them.
L’inspection of the works must be exhaustive. The location can require destructive surveys or particular disassemblings. For example, it is advisable to carry out the following investigations:
- the plénums must be inspected;
- the service shafts must be controlled;
- the movable partitions must be examined (heads, feet and joints of the partition, reservations);
- the elements of frontage, built sheaths, joined partitions will have to be probed or dismounted S’there is presumption of presence of materials containing of L’asbestos.
When, in very exceptional cases, which must be justified, certain parts D’works are not accessible before the demolition does not start, L’operator of location issues the corresponding reserves and recommends the complementary investigations which will have to be carried out between the various stages of the demolition.
It examines in an exhaustive way all the buildings which make the building. The definition of zones presenting of the similarities D’work allows D’to optimize the investigations to be led by reducing the number of sampling which is transmitted for analysis.
In the second time, and for each the located works or component, according to information of which it has and its knowledge of materials and products used, it attests, if necessary, of the presence D’asbestos. In case of doubt, it determines sampling and analyses of materials necessary to conclude.
In accordance with the regulations of L’article 5 of the decree n° 96-97 of modified 7 February 1996, the analyses of the samples of these products and materials are carried out by an accredited organization.
L’operator of location takes care of the traceability of the taken samples: these samples are located so that the works in which they were taken can be identified.

3. Report/ratio of location
The report/ratio of location mentions:
- the date D’execution of the location;
- L’identification of the various speakers (operator having carried out the location and sleeping partner of the location);
- denomination of the buildings concerned with all useful indications allowing their identification;
- plans or sketch of all the buildings, as well as the exhaustive list of the visited buildings and, if necessary, the exhaustive list of the buildings which N’were not visited with the reasons for this absence of visit;
- the list and localization of materials located in accordance with the program defined in appendix 1 of this decree;
- the results and reports/ratios D’analyzes taking away transmitted to a laboratory, as well as the localization of the taking away;
- plans or sketch allowing to locate materials containing of L’asbestos.

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