Decree n° 2001-840 of September 13, 2001

J.O n° 216 of September 18, 2001 page 14799

General texts

Ministry for employment and solidarity

Decree No 2001-840 of 13 September 2001 modifying the decree No 96-97 of 7 February 1996 relating to the protection of the population against the medical risks related to an exposure to asbestos in the built buildings and the decree No 96-98 of 7 February 1996 relating to the protection of workers against the risks related to the inhalation of asbestos dust

NOR: MESP0122854D

The Prime Minister,

On the report/ratio of the Minister for employment and solidarity, of the Minister for the equipment, transport and housing and of the minister delegated to health,

Considering the code of the public health, in particular the articles L. 1311-1 and L. 1312-1;

Considering the fair labor standards act, in particular the articles L. 231-1 and L. 231-2;

Considering the code of construction and dwelling;

Considering the penal code;

Considering the law No 2000-321 of April 12, 2000 relating to the civil rights in their relationships to the administrations;

Considering the decree No 88-466 of modified 28 April 1988 relating to the products containing of asbestos;

Considering the decree No 96-97 of modified 7 February 1996 relating to the protection of the population against the medical risks related to an exposure to asbestos in the built buildings;

Considering the decree No 96-98 of modified 7 February 1996 relating to the protection of workers against the risks related to the inhalation of asbestos dust, in particular its article 27;

Considering the decree No 96-1133 of 2 December 1996 relating to the prohibition of the asbestos, taken pursuant to and the code fair labor standards act of consumption;

Considering the opinion of the higher Council of public health of France on June 13, 2000 and of May 3, 2001;

Considering the opinion of the higher Council of the prevention of the occupational hazards on June 14, 2000;

Considering the opinion of the national Commission of hygiene and occupational safety in agriculture on June 29, 2000;

The Council of State (social section) heard,

Issue:

Article 1st. - the article 1st of the decree No 96-97 of 7 February 1996 referred to above is modified as follows:

I. - terms: "this decree bracket" were replaced by the terms: "articles 2 to 10 of this decree apply".

II. - the article is supplemented by the two following subparagraphs:

"articles 10-1 to 10-3 of this decree apply to all the built buildings built before July 1, 1997, which they belong to private people or to public people, except for the buildings of use of dwelling comprising only one housing and for the privative parts of the apartment buildings of dwelling.

"article 10-4 applies to all the built buildings built before July 1, 1997, which they belong to private people or to public people"

Art. 2. - article 2 of the same decree is modified as follows:

I. - With the first subparagraph, words: "real mentioned with the article 1st" are replaced by the words: "real mentioned with the first subparagraph of the article 1st".

II. - the second and third subparagraphs are replaced by the following provisions:

"to answer these obligations of research, the owners call upon a technical controller, the code of construction and dwelling, or with a technician of construction having contracted a professional insurance for this type of mission so that it proceeds to a research of the presence of flockings, heat insulations or false ceilings"

III. - the fourth subparagraph is modified as follows:

a) With the first sentence, terms: "answering the regulations of the preceding subparagraph" are removed;

b) The second sentence is replaced by the following provisions:

"This or these taking away are the analysis object by an organization answering the regulations defined in the second subparagraph of article 5."

IV. - With the fifth subparagraph, words: "mentioned with the third subparagraph" are removed.

V. - the article is supplemented by the following provisions:

"the technical controller or the technician of construction mentioned to the present article must satisfy the obligations defined in article 10-6."

Art. 3. - A article 4 of the same decree, the third indent is replaced by the following provisions:

"- is with work of containment or shrinking of asbestos, according to methods' envisaged with the last subparagraph of article 5; ".

Art. 4. - article 5 of the same decree is modified as follows:

I. - A the second sentence of the first subparagraph, after the terms: "in charge of health" the terms are added: ", taken after opinion of the higher Council of public health of France,".

II. - A the third sentence of the first subparagraph, terms: "after opinion of the higher Council of public health of France" are removed.

III. - It is inserted, after the first subparagraph, the following subparagraph:

"the material analyses and products envisaged in articles 2, 10-3 and 10-4 are carried out by an accredited organization fulfilling the requirements defined by a decree of the minister in charge of the health, taken after opinion of the higher Council of public health of France, in particular specifying the methods which must be implemented to check the presence of asbestos in material or the product"

IV. - the third subparagraph is removed.

V. - the last subparagraph is replaced by the following provisions:

"If the level of dust contamination is higher than 5 fibres/litre, the owners carry out work of containment or shrinking of the asbestos, which must be completed within month thirty-six from the date on which the results of control are given to them. For the period preceding work, of suitable academies measurements must be implemented in order to reduce the exposure of the occupants and to maintain it at the level low possible, and in all the cases on a level of dust contamination lower than 5 fibres/litre. Academies measurements should lead to no request of materials and products concerned with work "

Art. 5. - It is inserted, after article 5 of the same decree, article 5-1 thus written:

"Art. 5-1. - Notwithstanding the provisions of the last subparagraph of article 5, the time of completion of work can, at the request of the owner, being extended for work concerning the buildings great height mentioned with the article R. 122-2 of the code of construction and the dwelling and the establishments receiving of the public defined in the article R. 123-2 of this same code, classified first with the third category within the meaning of the article R. 123-19, when flockings, heat insulations and false ceilings containing of asbestos were used at ends of treatment generalized in these buildings or establishments.

"the request for extension must be addressed by the owner to the prefect of the department of the site of the building or the establishment concerned, within month twenty-seven from the date on which the results of the control envisaged in article 5 are given to him, except when unforeseeable circumstances do not allow the respect of this time.

"the extension is granted by decree of the prefect, taken after opinion of the higher Council of public health of France, by holding account of the risks specific to the building or the establishment concerned and to the academies measures taken pursuant to the last subparagraph of article 5. The silence kept during more than four months by the prefect is worth decision of rejection.

"the extension is granted for one duration maximum of thirty-six month, renewable once when, because of the complexity of the operations or of exceptional circumstances, work cannot be completed within the times thus extended"

Art. 6. - article 7 of the same decree is modified as follows:

I. - A the first sentence, after the terms: "made proceed" the words are inserted: "with a visual examination, by a technical controller or a technician of construction answering the regulations of article 10-6, the state of treated surfaces and".

II. - A the last sentence, words: "materials and products mentioned by this decree" are replaced by the words: "flockings, heat insulations and false ceilings".

Art. 7. - article 8 of the same decree is modified as follows:

I. - A the first sentence, words: "materials and products mentioned by this decree" are replaced by the words: "flockings, heat insulations and false ceilings".

II. - the last sentence is supplemented by the following words: "and preserve a written certificate of this communication".

Art. 8. - articles 9 and 10 of the same decree are repealed.

Art. 9. - It is inserted, after article 10 of the same decree, six articles 10-1 to 10-6 thus written:

"Art. 10-1. - the owners of the buildings mentioned with the second subparagraph of the article 1st constitute and hold up to date a technical dossier "Asbestos" as well as a summary card of this file. This file is established on the basis of location defined in article 10-3. It includes the contents of the technical dossier mentioned in article 8.

"Art. 10-2. - the technical dossier "Asbestos" mentioned in article 10-1 is established before the following limiting dates:

"- on December 31, 2003 for the buildings great height mentioned with the article R. 122-2 of the code of construction and the dwelling and the establishments receiving of the public defined in the article R. 123-2 of this same code, classified first with the fourth category within the meaning of the article R. 123-19 of the same code;

"- on December 31, 2005 for the office buildings, the establishments receiving of the public and classified in the fifth category, the buildings intended for the exercise of an industrial activity or agricultural, the working rooms and the parts of common use of the apartment buildings of dwelling.

"Art. 10-3. - the technical dossier "Asbestos" mentioned in article 10-1 comprises:

"1o the localization specifies materials and products containing of asbestos like, if necessary, their indication;

"2o the recording of the state of conservation of these materials and products;

"3o the recording of work of withdrawal or containment of these materials and products and of academies measurements implemented;

"4o general instructions of safety with regard to these materials and products, in particular procedures for action, including the procedures of management and waste disposal.

"the location mentioned in article 10-1 relates to materials and products being reproduced on the list defined in the appendix of this decree and accessible without destructive work. To carry it out, the owners call upon a technical controller, the code of construction and dwelling, or with a technician of construction having contracted a professional insurance for this type of mission, satisfying the obligations defined in article 10-6. The material analyses and products are carried out according to methods' envisaged with the second subparagraph of article 5.

"In the event of location of a material or degraded product containing of asbestos, the technical controller or the technician of construction is held to mention it as well as the recommended measures of a general nature.

"a joint decree of the ministers in charge of work, health, construction and environment define the general instructions of safety, the contents of the summary card and the methods of establishment of the location.

"Art. 10-4. - As from January 1, 2002, the owners of the buildings mentioned with the third subparagraph of the article 1st are held, before the demolition of these buildings, to carry out a location of materials and products containing of asbestos and to transmit the results of this location to any person or entity called to conceive or complete work.

"This location is carried out according to methods' envisaged with the second subparagraph of article 10-3.

"a joint decree of the ministers in charge of work, health and construction define the categories of materials and products having to be the subject of this location as well as the methods of intervention.

"Art. 10-5. - the technical dossier "Asbestos" mentioned in article 10-1 is held at the disposal of the occupants of the built building concerned, of the chiefs of establishment, the doctor and staff representatives of work when the building comprises working rooms, agents or services mentioned with the articles L. 1312-1 and L. 1422-1 of the code of the public health, as well as or inspector factory inspectors of hygiene and safety and agents of the service of prevention of the organizations of social security and professional organization of prevention of the building and public works.

"the owners communicate the technical dossier" Asbestos "with any person or entity called to carry out work in the built building and preserve a written certificate of this communication.

"the owners communicate the summary card of the technical dossier" Asbestos "envisaged in article 10-1 with the occupants of the built building concerned or their representative and with the chiefs of establishment when the building comprises working rooms, within one month as from its date of constitution or update.

"Art. 10-6. - the technical controller or the technician of construction mentioned in articles 2, 3, 10-3 and 10-4 must not have any bond likely to carry reached to his impartiality and his independence neither with the owners, or their employee, whom call upon him, nor with any company likely to organize or carry out the work of shrinking or containment of materials and products envisaged by this decree.

"to count on January 1, 2003, the technical controller or the technician of construction must have obtained a certificate of competence justifying of his capacity to carry out the missions described with the present decree. This certificate of competence is delivered, at the end of a formation and a control of capacity, by organizations giving a certified training.

"the organizations mentioned with the second subparagraph address to the minister in charge of construction the list of the people having obtained a certificate of competence.

"the technical controller or the technician of construction addresses to the ministers in charge of health and construction a management report over the past year.

"a joint decree of the ministers in charge of work, vocational training, health and construction define the contents and the methods of the certification of the formation, the conditions of delivery of the certificate of competence by the organizations giving the training, the procedures of transmission of the list of the people having obtained a certificate of competence, as well as the methods of transmission and the contents of the management report"

Art. 10. - article 11 of the same decree is replaced by the following provisions:

"Art. 11. - I. - fine planned for the infringments of the third is punished classifies the fact, for the owners of the buildings mentioned with the first subparagraph of the article 1st, not to have proceeded, at the end of work, the visual examination and the measurement of dust contamination required with the first sentence of article 7.

"II. - fine planned for the infringments of the fifth is punished classifies the fact:

"1o For the owners of the buildings mentioned with the first subparagraph of the article 1st, not to have satisfied the one of the obligations defined by articles 2, 3, 4, 5, 5-1, 7 (third sentence) and 8;

"2o For the owners of the buildings mentioned with the second subparagraph of the article 1st, not to have satisfied the one of the obligations defined by articles 10-1, 10-2, 10-3 and 10-5;

"3o For the owners of the buildings mentioned with the third subparagraph of the article 1st, not to have satisfied the one of the obligations defined by article 10-4.

"III. - the people morals can be declared responsible penally, under the conditions envisaged in article 121-2 of the penal code, of the infringements defined in I and II above.

"the sorrow incurred by the people morals is the fine according to the methods envisaged in article 131-41 of the penal code.

"IV. - the repetition of the infringements envisaged with the present article is punished in accordance with the provisions of articles 132-11 and 132-15 of the penal code "

Art. 11. - the table annexed to the same decree is repealed.

The table annexed to the present decree constitutes the appendix mentioned in article 10-3 of the same decree, as inserted by article 9 of this decree.

Art. 12. - I. - controls of flockings, heat insulations and false ceilings containing of asbestos carried out before the entry in strength of this decree, in application of articles 2 to 5 of the same decree, are considered to satisfy the requirements defined in the same articles of the aforesaid decree, such that modified by this decree.

II. - the work committed or completed on the date of entry in strength of this decree, in application of the last subparagraph of article 4 of the same decree, is considered to satisfy the requirements defined in the same subparagraph of the same article of the aforesaid decree, such that modified by this decree.

III. - For the application of the provisions of articles 4 and 5 of the same decree, as modified by this decree, with controls and measurements of dust contamination carried out before the date of entry into force of this decree, the time of completion of work is calculated as from the first day of the fourth month which follows the date of publication of this decree.

IV. - the provisions of article 7 of the same decree, as modified by this decree, apply to the constructional works contracts signed as from the first day of the fourth month which follows the date of publication of this decree.

Art. 13. - the second subparagraph of article 27 of the decree No 96-98 of 7 February 1996 referred to above is supplemented by a 3o thus written:

"3o to inform the owner of the building of any presence of asbestos highlighted at the time of this evaluation"

Art. 14. - the Minister for employment and solidarity, the Minister of Justice, Minister for justice, the Minister of Interior Department, the Minister for the equipment, of transport and housing, the Minister for agriculture and fishing, the Minister for the environment and regional planning, the minister delegated to health and the Secretary of State to housing are charged, each one in what relates to it, of the execution of this decree, which will be published with the Journal officiel de la République française.

Fact in Paris, September 13, 2001.

Lionel Jospin

By the Prime Minister:

The Minister for employment and solidarity,

Elisabeth Guigou

Minister of Justice, Minister for justice,

Marylise Lebranchu

The Minister of Interior Department,

Daniel Vaillant

The Minister for the equipment,

transport and housing,

Jean-Claude Gayssot

The Minister for agriculture and fishing,

Jean Glavany

The Minister for the regional planning

and of the environment,

Yves Cockerel

The minister delegated to health,

Bernard Kouchner

The Secretary of State to housing,

Marie-Noëlle Lieneman