French Public Health Code
In forceI.-Persons setting up or managing an establishment as referred to in article R. 2311-1 shall submit an application for approval by any means that confers a date certain to the State representative in the département where the establishment is located.
This application for authorisation must be sent to the aforementioned State representative at least two months before the establishment opens, or, where the application is for a renewal of authorisation, at least two months before the end of the current authorisation period.
Where authorisation is granted, it will be for a period of ten years from the date of notification.
II.-The application for approval referred to in I must include the following information:
1° The identity of the person managing the establishment, as evidenced by :
a) In the case of a natural person, a copy of any proof of identity;
b) In the case of a legal entity, a copy of its articles of association;
2° The address and contact details of the establishment;
3° A document specifying the objectives of the establishment, its arrangements for receiving the public, its organisational and operational procedures and the resources that the establishment uses, in particular its permanent or casual staff. In particular, the names, qualifications, training received in accordance with II of article R. 2311-1 and duties of all these staff are specified;
4° A floor plan of the premises showing the surface area and purpose of the rooms;
5° The authorisation to open to the public issued by the mayor attesting to the safety and accessibility of the premises or, failing this, the opinion of the safety commission, where this is necessary;
6° Insurance certificates concerning the establishment.
For establishments managed by a private legal entity, the above documents are supplemented by the articles of association of the managing body and a list of the members of the governing bodies.
III. -The representative of the State in the département where the establishment is located grants approval after examining the elements mentioned in II when:
1° The reception arrangements and the resources implemented make it possible to carry out the tasks of the establishment as set out in I of article R. 2311-1 in satisfactory conditions of safety, hygiene and comfort;
2° The conditions relating to staff set out in II of article R. 2311-1 are met.
The representative of the State in the département shall inform the applicant of its decision within two months of receipt of the application, by any means that provides a date certain.
IV.Approval is withdrawn by the representative of the State in the département in which the establishment is located if the conditions required in III are no longer met.
The person managing the establishment that no longer meets the conditions for approval is informed by any means that provides a date certain.
V.-Establishments approved in this way are entered on a list updated annually by the representative of the State in the département in which they are located.
This list is sent annually to the Prefect of the region and to the Director General of the Regional Health Agency for the purpose of contributing to the preparation of the regional health plan.
