Decree n° 2003-462 of 21 May 2003 relating to the regulations of parts I, II and III of the code of the public health

NOR: SANP0321523D

With N N E X E
DELIVER III

PROTECTION OF HEALTH

AND ENVIRONMENT

Chapter IV

Fight against the presence of lead or asbestos

Section 2

Exposure to asbestos in the built buildings

Sub-section 1

Buildings built before January 1, 1980

Article R. 1334-14

The articles of this sub-section apply to all the built buildings, which they belong to private people or to public people, with the only exception of the buildings of use of dwelling comprising only one housing.

Article R. 1334-15

Owners of the buildings mentioned with the article R. 1334-14 must seek the presence of flockings containing of asbestos in the buildings whose permit building was delivered before January 1, 1980. They must also seek the presence of heat insulations containing of asbestos in the buildings built before July 29, 1996 and the presence of false ceilings containing of asbestos in the buildings built before July 1, 1997.

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.

In the event of presence of flockings, heat insulations or false ceilings and if a doubt persists on the presence of asbestos, the owners make make taking away representative by a technical controller or a technician of construction. This or these taking away are the analysis object by an organization answering the regulations defined in the second subparagraph of the article R. 1334-18.

Only the technical controller or the technician of construction attests absence or presence of flockings, heat insulations or false ceilings and, if necessary, presence or absence of asbestos in these materials or products.

The technical controller or the technician of construction mentioned to the present article must satisfy the obligations defined in the article R. 1334-29.

Article R. 1334-16

In the event of presence of flockings or heat insulations or false ceilings containing of asbestos, the owners must check their state of conservation.

To this end, they call upon a technical controller or a technician of construction having contracted a professional insurance for this type of mission and answering the regulations of the article R. 1334-15, so that it checks the state of conservation of these materials and products by filling the grid with evaluation defined by decree of the ministers in charge of construction, the environment, health and work. This grid of evaluation holds account in particular of the accessibility of material, of its degree of degradation, its exposure to shocks and vibrations as well as existence of movements of air in the room.

Article R. 1334-17

According to the result of the diagnosis obtained starting from the grid of evaluation mentioned with the article R. 1334-16, the owners proceed:

1° Is with a periodic control of the state of conservation of these materials and products under the conditions envisaged with the article R. 1334-16; this control is carried out within three maximum year as from the handover date to the owner of the results of control, or at the time of any substantial modification of the work and of its use;

2° Is, according to methods' envisaged with the article R. 1334-18, with a monitoring of the level of empoussiérement in the atmosphere by an approved organization in electronic microscopy with transmission;

3° Is with work of containment or shrinking of asbestos, according to methods' envisaged with the last subparagraph of the article R. 1334-18.

Article R. 1334-18

Measurements of the dust contamination are carried out according to methods' defined by decree of the ministers in charge of construction, the environment, work and health. These measurements are taken by approved organizations according to procedures and conditions defined by decree of the minister in charge of the health, taken after opinion of the higher Council of public health of France, according to the qualification of the personnel of the organization, the nature of the materials of which it lays out and the results of the evaluations to which it is subjected. Approval is granted by decree of the minister in charge of health. This decree can limit approval to the only operations of taking away or counting. The approved organizations address to the minister in charge of health a management report over the past year whose methods and contents are defined by decree of the minister in charge of health.

Material analyses and products envisaged with the articles R. 1334-15, R. 1334-26 and R. 1334-27 are realized 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.

If the level of dust contamination is lower or equal to the value of 5 fibres per liter, the owners carry out a periodic control of the state of conservation of materials and products, under the conditions envisaged with the article R. 1334-16, within three maximum year from the date on which the results of the control or at the time of any substantial modification of the work are given to them or of its use.

If the level of dust contamination is higher than 5 fibres per liter, 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 per liter. Academies measurements should lead to no request of materials and products concerned with work.

Article R. 1334-19

Notwithstanding the provisions of the last subparagraph of the article R. 1334-18, 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 with the article R are given to him. 1334-18, 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 the article R. 1334-18. 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.

Article R. 1334-20

In the event of work requiring a removal of materials and products mentioned by the present section, those are transported and eliminated in accordance with the provisions from the Ier titles and IV of the book V of the code of the environment.

Article R. 1334-21

With the exit of work and before any restitution of the treated buildings, the owner makes carry out a visual examination, by a technical controller or a technician of construction answering the regulations of the article R. 1334-29, of the state of treated surfaces and, under the conditions defined in the article R. 1334-18, with a measurement of the level of dust contamination after dismantling of the device of containment. This level must be lower or equal to 5 fibres per liter. If work does not lead to the total withdrawal of flockings, heat insulations and false ceilings, the owners carry out a periodic control of the state of conservation of these materials and residual products under the conditions envisaged with the article R. 1334-16, within three maximum year from the date on which the results of the control or at the time of any substantial modification of the work are given to them or of its use.

Article R. 1334-22

The owners constitute, preserve and bring up to date a technical dossier in particular gathering information relating to the research and the identification of flockings, heat insulations and false ceilings like with the evaluation of their state of conservation. This file must specify the date, nature, the localization and the results of periodic controls, measurements of dust contamination and, if necessary, of the work carried out at the end of the diagnosis envisaged with the article R. 1334-16. It is held at the disposal of the occupants of the built building concerned, of the agents or services mentioned with the first subparagraph of the article L. 1312-1 and with the second subparagraph of the article L. 1422-1, like, if necessary, of and the agent factory inspectors of the service of prevention of the organizations of social security. The owners communicate this file with any person or entity called to carry out work in the built building and preserve a written certificate of this communication.

Sub-section 2

Buildings built before July 1, 1997

Article R. 1334-23

The articles of this sub-section apply to the built buildings whose permit building was delivered before July 1, 1997, that they belong to private people or to public people.
Article R. 1334-24

Owners of the buildings mentioned with the article R. 1334-23 produce, at the latest at the date of any purchase or commitment to sell, a report specifying the presence or, if necessary, the absence of materials and products containing of asbestos mentioned with the appendix 13-9. This report indicates the localization and the state of conservation of these materials and products.

This report or, when the technical dossier "Asbestos" exists, the summary card contained in this file constitutes the state mentioned with the article L. 1334-7.

Article R. 1334-25

The owners of the buildings mentioned with the two following subparagraphs constitute the technical dossier "Asbestos" defined in the article R. 1334-26 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 except for the privative parts of the apartment buildings of dwelling;

- 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.

The owners of the buildings mentioned with the two preceding subparagraphs hold up to date the technical dossier "Asbestos".

Article R. 1334-26

The technical dossier "Asbestos" comprises:

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

2° the recording of the state of conservation of these materials and products;

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

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

5° a summary card.

The technical dossier "Asbestos" is established on the basis of bearing location on materials and products being reproduced on the list defined in the appendix 13-9 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 the article R. 1334-29. The material analyses and products are carried out according to methods' envisaged with the second subparagraph of the article R. 1334-18.

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 decree of the ministers in charge of construction, environment, work and health define the general instructions of safety, the contents of the summary card and the methods of establishment of the location.
Article R. 1334-27

Owners of the buildings mentioned with the article R. 1334-23 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 seventh subparagraph of the article R. 1334-26.

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

Article R. 1334-28

The technical dossier "Asbestos" defined in the article R. 1334-26 are 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 first subparagraph of the article L. 1312-1 and with the second subparagraph of the article L. 1422-1, 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 with the article R. 1334-26 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.

Sub-section 3

Technical controller or technician of construction

Article R. 1334-29

The technical controller or the technician of construction mentioned to the articles R. 1334-15, R. 1334-16, R. 1334-26 and R. 1334-27 must not have any bond likely to carry reached to its impartiality and its 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 the present section.

As from 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 section. 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 construction and health a management report over the past year.

A decree of the ministers in charge of construction, vocational training, work and health 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.

source: Ministry for justice - February 2002