Les vitrines d'Annecy le 22 janvier 2020 139 Commentaires
Quelles sont les normes d’accessibilité aux handicapés à respecter pour les boutiques, petits commerces et restaurants ? Quelles sont les dérogations possibles ?
Ces dernières années, les normes d’accessibilité aux handicapés se sont considérablement durcies, ce qui a obligé nombre de petits commerces, hôtels et restaurants à effectuer des travaux au niveau de leurs ouvertures, escaliers et WC.
Les ERP (établissements recevant du public) : définition.
Les établissements recevant du public (ERP) sont les établissements dans les lesquels des personnes venant de l’extérieur sont autorisées à entrer. Les ERP sont classés en 5 différentes catégories en fonction du nombre de personnes qu’ils peuvent recevoir. Les ERP de 5ème catégorie (établissements les moins grands) sont eux-mêmes classés en différents types, par exemple :
- type M : magasin de vente et centre commercial,
- type N : restaurant et débit de boisson,
- type O : hôtel, pension de famille, résidence de tourisme.
Les normes d’accessibilité aux handicapés dans les commerces et restaurants (5ème catégorie).
La loi handicap de 2005 prévoit que les établissements recevant du public doivent pouvoir accueillir les personnes handicapées depuis le 1er janvier 2015.
Concrètement, les commerces, boutiques, restaurants, hôtels et entreprises recevant du public doivent respecter les obligations touchant à l’accessibilité aux handicapés :
- stationnement : des places de stationnement doivent être réservées aux handicapés à partir de 50 places offertes,
- accès à l’établissement : rampe d’accès obligatoire en cas de présence de marches. La pente de la rampe d’accès doit être au maximum de 5%. Les rampes amovibles sont désormais autorisées sans demande de dérogation (critères à respecter),
- la circulation à l’intérieur du bâtiment doit être correctement organisée,
- l’accès aux rayons et aux produits doit être assuré,
- le mobilier (comptoir de paiement, cabine d’essayage) doit être adapté,
- l’accès aux étages doit être aménagé,
- les WC doivent être adaptés aux personnes handicapées et aux fauteuils roulants : signalétique adaptée, poignées, espace libre latéral, porte d’accès suffisamment large (90 cm).
Normes d’accessibilité : la tolérance.
Devant les difficultés à mettre en oeuvre la loi de 2005 (seuls 30% des établissements étaient aux normes en 2014) et dans une logique de tolérance, le gouvernement a mis en place les Agendas d’Accessibilité Programmée (Ad’AP). Il s’agit d’un engagement des commerces et restaurants à procéder à des travaux de conformité sous un certain délai, pouvant varier d’1 à 3 ans. Le commerçant s’engage sur le coût et la nature des travaux. L’Ad’AP est à déposer en mairie, ce qui permet de suspendre le risque de sanction.
L’auto-diagnostic d’accessibilité aux handicapés.
Vous pouvez réaliser un diagnostic d’accessibilité aux handicapés en cliquant sur ce lien.
En savoir +
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