Projet arrt du relatif aux caractristiques by erin.natividad

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									1. ------IND- 2006 0626 F-- EN- ------ 20061215 --- --- PROJET
                       FRENCH REPUBLIC
                          ______________

                            MINISTRY OF EMPLOYMENT,
                          SOCIAL COHESION AND HOUSING


Order of XX December 2006 laying down the provisions for the implementation of
Articles R.111-18-8 and R.111-18-9 of the Construction and Housing Code on the
accessibility for disabled persons of collective residential buildings undergoing
refurbishment and of existing buildings in which housing is created by a change of use.

                                 NOR: SOCUXXXXXXXA

The Minister for Employment, Social Cohesion and Housing,

The Minister for Health and Solidarity,

The Minister responsible for Social Security, the Elderly, Disabled Persons and the Family,

Having regard to Directive 98/34/EC of 22 June 1998 laying down a procedure for the
provision of information in the field of technical standards and regulations, as amended by
Directive 98/48/EC of 20 July 1998;

Having regard to the Construction and Housing Code, and in particular Articles R.111-18-8 to
R.111-18-11;

Having regard to the Order of 1 May 2006 on the accessibility for disabled persons of
collective residential buildings and individual houses during their construction;

Having regard to the opinion of the National Disabled Persons Advisory Committee of
XX/XX/2006;

Hereby decree:


Article 1 – This Order lays down provisions for the implementation of Articles R.111-18-8 to
R.111-18-11 of the Construction and Housing Code.


Article 2 – The new areas or spaces considered for the implementation of Article R.111-18-
8(b) shall be:
    - either common areas, in particular horizontal and vertical walk areas, communal areas,
       car parking spaces situated inside or outside the building and not designated for
       private use;
    - or areas designated for private use, in particular, car parking spaces situated inside or
       outside, cellars and storerooms;
    - or residences.

The new areas and spaces created:
   - in common areas of an existing collective residential building;
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   -   in a building or a part of a building in which housing is created by a change of use

must comply with the provisions of Article R.111-18-8(b) of the Construction and Housing
Code. This obligation shall not apply to the creation of new areas or spaces inside an existing
residence or inside areas designated for private use.

These new areas and spaces must comply with the provisions laid down in Articles 2 to 16 of
the abovementioned Order of 1 August 2006.


Article 3 – The maintenance work considered for the implementation of Article R.111-18-
8(c) and (d) shall be maintenance, repair and servicing work aimed at preserving or restoring
the initial state of a component part of the building or of a piece of equipment and ensuring its
durability.


Article 4 – The common walk areas considered for implementation of Article R.111-18-8(c)
shall be indoor or outdoor horizontal and vertical walk areas situated in common areas.

The facilities that play a role in accessibility considered for the implementation of
Article R.111-18-8(s) shall be all the facilities available in common walk areas and in
communal areas that are likely to be used by residents or visitors, and, in particular, access
devices, doors, letter boxes, handrails on staircases, information boards, lighting and signs.

Alterations made to common walk areas, communal areas and facilities must comply with the
provisions laid down in Articles 2 to 10 of the abovementioned Order of 1 August 2006.

Compliance with these provisions shall not entail the obligation to carry out works on parts of
the building or on elements of facilities operated independently of the altered parts or
elements.

For the implementation of Article R.111-18-8(c) of the Construction and Housing Code,
minor adaptations may be made to the requirements laid down in implementation of
Articles R.111-18-1 and R.111-18-2, if the said adaptations are linked to the existence of
elements contributing to the sturdiness of the building such as walls, ceilings, floors, beams or
posts.

In each of the cases considered, these adaptations may concern, in particular:

   -   the minimum width of the walk area, which must be greater than or equal to 0.90 m
       for a horizontal walk area and greater than or equal to 0.80 m, measured between
       handrails, for a staircase;
   -   movement space allowing the possibility of a half turn, which may not be required;
   -   the access door to a communal area, which must be greater than or equal to 0.80 m in
       width;
   -   the location of any door handles and locks away from a concave angle of the wall,
       which may not be required.


Article 5 – For the implementation of Article R.111-18-8(d) of the Construction and Housing
Code, in the event of alteration of the signs on the sliding doors of the movement of the lift
cage, the new signs shall meet the following requirements:

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   -   in halls not containing residences, an audible signal must warn that the doors are about
       to open;
   -   in the event that a row of several lifts is available, two lit arrows of at least 40 mm in
       height must be installed to indicate the direction of movement of each of the lift cages.

For the implementation of Article R.111-18-8(d) of the Construction and Housing Code, in
the event of alteration of the control panel inside the lift cage, the new device shall meet the
following requirements:
    - a visual sign shall show the position of the lift cage; The floor numbers shall be
       between 30 mm and 60 mm in height;
    - when the lift cage stops, a voice message shall indicate its position.

In addition, a new device for requesting help, equipped with visual and audible signs, or an
existing device for requesting help undergoing alteration shall include:
    - a yellow lit pictogram, in addition to the audible signal for transmitting the request, in
        order to indicate that the request for help has been sent;
    - a green lit pictogram, in addition to the audible signal usually required (audio link), in
        order to indicate that the request for help has been registered;
    - a communication aid for persons hard of hearing, such as a magnetic loop.

In all cases, the audible signals and voice messages must have an adjustable level between
35 dB(A) and 65 dB(A).


Article 6 – For the implementation of Article R.111-18-9 of the Construction and Housing
Code, the cost of works to be taken into account shall be the total amount, exclusive of tax
and exclusive of fees, of all investment works on the building or its extensions agreed or
financed during the two years prior to the decision to undertake or to finance the works.


Article 7 – The Director-General for Town Planning, Housing and Construction and the
Director-General for Social Action shall be responsible, each for their own part, for the
implementation of this Order, which shall be published in the Official Gazette of the French
Republic.


Done at Paris, xx December 2006

The Minister for Employment, Social Cohesion and Housing,
For and on behalf of the minister, the Director-General of
Town Planning, Housing and Construction,



                   Alain Lecomte



                                      The Minister for Health and Solidarity,
                                      For and on behalf of the minister, the Director-General
                                      for Social Action,


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                                                        Jean-Jacques Trégoat


The Minister responsible for Social Security, the
Elderly, Disabled Persons and the Family,
For and on behalf of the minister, the Director-General
for Social Action,



                 Jean-Jacques Trégoat




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