Decree n° 97-855 of September 12, 1997

J.O n° 218 of September 19, 1997 page 13611
GENERAL TEXTS
MINISTRY For EMPLOYMENT AND SOLIDARITY

Decree No 97-855 of 12 September 1997 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

NOR: MESP9722462D

The Prime Minister,
On the report/ratio of the Minister for employment and solidarity, Minister of Justice, Minister for justice, of the Minister for the equipment, transport and housing and of the Minister for the regional planning and environment,
Considering the code of the public health, in particular the articles L. 1, L. 2, L. 48,
L. 49 and L. 772;
Considering the penal code;
Considering the decree No 78-1146 of December 7, 1978 concerning the approval of the technical controllers and the obligatory vehicle inspection envisaged with the articles L. 111-25 and L. 111-26 from the code of construction and the dwelling, such as they result from the law No 78-12 of January 4, 1978 relating to the responsibility and the insurance in the field of construction;
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 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 96-1133 of 24 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 December 12, 1996;
The Council of State (social section) heard,
Issue:

Article 1st. - article 2 of the decree of 7 February 1996 referred to above is replaced by the following provisions:

< < Art. 2. - the owners of the buildings mentioned with the article 1st must seek the presence of flockings containing of asbestos in the buildings built 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, and provided the presence of asbestos is not already known, the owners consult the whole of the documents relating to the construction or work of restoration of the building which is at their disposal.
< < If this research did not reveal the presence of asbestos, the owners call upon a technical controller, the decree of 7 December 1978 referred to above, 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. This technical controller or this technician of construction must not have any bond likely to carry reached to his impartiality and his independence neither with the owners, or their employee, who 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.
< < 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 answering the regulations of the preceding subparagraph. This or these taking away are the object a qualitative analysis by a qualified organization fulfilling the requirements defined by a decree of the minister in charge of health have regard in the methods necessary to check the presence of asbestos in material or the product.
< < Only the technical controller or the technician of construction mentioned to the third subparagraph attests absence or presence of flockings, heat insulations or false ceilings and, if necessary, presence or absence of asbestos in these materials or products > >

Art. 2. - article 3 of the same decree is thus modified:
1. With the first subparagraph, after the words: < < of flockings or heat insulations > > the words are added: < < or of false ceilings > >;
2. With the second subparagraph, after the word: < < mission > > are added the words: < < and answering the regulations of the preceding article > > and after the word:
< < materials > > are added the words: < < and produced > >.

Art. 3. - A article 4 of the same decree, after the word: < < materials > > are added the words: < < and produced > >.

Art. 4. - article 5 of the same decree is thus modified:
1. The first subparagraph is supplemented by the following provisions:
< < 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 > > 2. With the second and third subparagraphs, after the word: < < materials > > are added the words: < < and produced > >.

Art. 5. - A article 6 of the same decree, words: < < flockings or of heat insulations containing of asbestos > > are replaced by the words: < < materials and products mentioned by this decree > >.

Art. 6. - article 7 of the same decree is replaced by the following provisions:

< < Art. 7. - A the exit of work and before any restitution of the treated buildings, the owner makes proceed, under the conditions defined in article 5, 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 materials and products mentioned by this decree, the owners carry out a periodic control of the state of conservation of these materials and residual products under the conditions envisaged in article 3, 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 > >

Art. 7. - article 8 of the same decree is replaced by the following provisions:

< < Art. 8. - the owners constitute, preserve and bring up to date a technical dossier in particular gathering information relating to the research and the identification of materials and products mentioned by this decree like at 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 in article 3. It is held at the disposal of the occupants of the built building concerned, of the agents or services mentioned with the articles L. 48 and L. 772 of the code of the public health 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 > >

Art. 8. - article 11 of the same decree is replaced by the following provisions:

< < Art. 11. - I. - is punished fine planned for the infringments of 5e class does it, for the physical people aimed to the first and third subparagraphs of article 2 and to article 10 of this decree, not to have satisfied the obligations or to have enfreint the regulations defined by articles 2 to 9 of this decree.
< < II. - the people morals aimed to the first and third subparagraphs of article 2 and to article 10 of this decree can be declared responsible penally, under the conditions envisaged in article 121-2 of the penal code, of the infringements defined in I above.
< < the sorrow incurred by the people morals is the fine according to the methods envisaged in article 131-41 of the penal code > >

Art. 9. - the table annexed to the same decree is replaced by the table annexed to the present decree.

Art. 10. - the Minister for employment and solidarity, it 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 Secretary of State 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 12, 1997.

Lionel Jospin

By the Prime Minister:
The Minister for employment and solidarity,
Martine Aubry

Minister of Justice, Minister for justice,

Elisabeth Guigou
The Minister of Interior Department,
Jean-Pierre Chevènement

The Minister for the equipment,

transport and housing,

Jean-Claude Gayssot
The Minister for agriculture and fishing,
Louis Pensec

The Minister for the regional planning

and of the environment,

Domenica Voynet
The Secretary of State to health,
Bernard Kouchner

The Secretary of State to housing,

Louis Besson