French Public Health Code
In forceI.-The authorisation or opinion mentioned in the first and second paragraphs of article L. 2324-1 is requested from the President of the Departmental Council of the Department in which the establishment or service for which the authorisation or opinion is requested is located.
II.The application for authorisation or opinion must include the following information:
1° The name or company name of the proposed establishment or service;
2° The contact details of the manager of the proposed establishment or service;
3° The articles of association of the establishment or service or of the managing body in the case of establishments and services managed by a person governed by private law;
4° The address of the proposed establishment or service, with an indication of the population density in the area where it is to be located, as defined by the reference framework mentioned in IV of article R. 2324-28 ;
5° A study of the needs in the area in which the proposed establishment or service is to be located, in particular with regard to the documents defining the development prospects for establishments or services for the care of young children at municipal, inter-municipal or departmental level, in particular the plans provided for in articles L. 214-2, L. 214-3 and L. 214-5 of the Code de l'action sociale et des familles, in accordance with the requirements laid down by order of the Minister responsible for the family;
6° The type of early childhood establishment or service to which the proposed establishment or service belongs, in accordance with II of article R. 2324-17 of this Code;
7° The capacity of the proposed establishment and the corresponding category in accordance with articles R. 2324-46, R. 2324-47 or R. 2324-48 ;
8° A plan of the proposed premises showing the surface area and purpose of the rooms, together with an indication of the total surface area of the interior childcare areas;
9° The establishment or service plan provided for in article R. 2324-29 and the operating rules provided for in article R. 2324-30, or drafts of these documents if they have not yet been adopted.
III -The application is deemed to be complete on receipt unless, within thirty days of receipt, the President of the Departmental Council has sent the applicant a list of the missing documents or information by any means that provides a date certain of receipt. On receipt of these documents or information, the President of the Departmental Council will send the applicant an acknowledgement of receipt of the complete application, by any means that provides a date of receipt. If the missing documents and information are not received within one month of the date of receipt of the list by the applicant, the application is deemed to have lapsed.
The President of the Departmental Council may not require any documents or information other than those provided for in II of this article.
IV - Upon receipt of the application for authorisation, the President of the Departmental Council will request the opinion of the mayor of the municipality in which the facility is to be located or the President of the public inter-municipal cooperation body of which the municipality in which the facility is to be located is a member, by sending him a copy of the application for authorisation. The President of the Departmental Council is notified of the opinion within one month of the request. In the absence of notification within this period, the opinion is deemed to have been given.
