Chimney sweep

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1°. Defining the activity

a. Definition

Professional in charge of maintaining chimney ducts and cleaning fireplaces, stoves, incinerators, boilers, ventilation ducts and smoke disposal devices. The sweep involves various exhaust pipes: gas, wood, fuel oil, oil sheaths, controlled mechanical ventilation devices (VMC), etc.

b. Competent Business Formalities Centre (CFE)

The relevant CFE depends on the nature of the structure in which the activity is carried out:

• In the case of the creation of an individual company, the competent CFE is the Urssaf;
• In case of artisanal activity, the competent CFE is the Chamber of Trades and Crafts (CMA);
• In the event of the creation of a commercial company, the relevant CFE is the Chamber of Commerce and Industry (CCI).

Good to know

The activity is considered commercial as long as the company has more than ten employees (except in the Lower Rhine, Upper Rhine and Moselle where the activity remains artisanal regardless of the number of employees of the company provided that it does not use an industrial process). On the other hand, if the company has ten or fewer employees, its activity is considered artisanal. Finally, if the professional has a buying and resale activity, his activity is both artisanal and commercial.

2°. Installation conditions

a. Professional qualifications

The person concerned wishing to carry out the aging of a chimney sweep must have a professional qualification or exercise under the effective and permanent control of a person with this qualification.

This professional qualification consists, for example, of:

• A Certificate of Professional Qualification (CAP)
• A Professional Studies Patent (BEP);
• an equal or higher degree or designation approved or registered at the time of its issuance at the  national directory of professional certifications .

The  National Commission for Professional Certification (CNCP) website proposes a list of all possible professional qualifications.

In the absence of one of these diplomas or titles, the person concerned must justify an effective three years of professional experience in the territory of the European Union (EU) or the European Economic Area (EEA) acquired as a business leader, self-employed or salaried in the line-up. In this case, the person concerned is advised to contact the Chamber of Trades and Crafts (CMA) to request a certificate of recognition of professional qualification.

For further information: Article 16 of Law 96-603 of 5 July 1996 on the development and promotion of trade and crafts; Decree 98-246 of 2 April 1998 relating to the professional qualification required for the activities of Article 16 of Act 96-603 of 5 July 1996.

b. Professional Qualifications - European Nationals (LPS or LE)

For Freedom to provide services

The professional who is a national of the EU or the EEA may exercise effective and permanent control of the chimney sweeping activity in France on a temporary and casual basis, provided that he or she is legally established in one of these states to carry out the same activity.

If neither the activity nor the training leading to it is regulated in the State of The Establishment, the person must also prove that he has been a chimney sweeper in that state for at least the equivalent of two years full-time in the last ten years. years before the performance he wants to perform in France.

For further information: Article 17-1 of Act 96-603 of July 5, 1996.

For a Freedom of establishment

In order to carry out on a permanent basis in France the effective and permanent control of the chimney sweeping activity, the professional national of the EU or the EEA must fulfil one of the following conditions:

• have the same professional qualifications as those required for a Frenchman (see above "2 degrees). a. Professional qualifications");
• hold a certificate of competency or training certificate required for the exercise of chimney sweeping activity in an EU or EEA state when that state regulates access or exercise of this activity on its territory;
• have a certificate of competency or a training certificate that certifies its preparation for the exercise of the chimney sweeping activity when this certificate or title has been obtained in an EU or EEA state which does not regulate access or the exercise of this Activity
• have a diploma, title or certificate acquired in a third state and admitted in equivalency by an EU or EEA state on the additional condition that the person has been a chimney sweeper for three years in the state that has admitted equivalence.

Please note

A national of an EU or EEA state that meets one of the above conditions may apply for a certificate of recognition of professional qualification (see below '3'. b. If necessary, apply for a certificate of professional qualification.")

If the person does not meet any of the above conditions, the referred Chamber of Trades and Crafts (CMA) may ask him to perform a compensation measure in the following cases:

• if the duration of the certified training is at least one year less than that required to obtain one of the professional qualifications required in France to carry out the chimney sweeping activity;
• If the training received covers subjects substantially different from those covered by one of the titles or diplomas required to carry out the chimney sweeping activity in France;
• If the effective and permanent control of the chimney sweeping activity requires, for the exercise of some of its remits, specific training which is not provided in the Member State of origin and covers substantially different subjects of those covered by the certificate of competency or training designation referred to by the applicant.

For further information: Articles 17 and 17-1 of Law 96-603 of 5 July 1996; Articles 3 to 3-2 of Decree 98-246 of 2 April 1998.

Good to know: compensation measures

The CMA, which is applying for a certificate of recognition of professional qualification, notifies the applicant of his decision to have him perform one of the compensation measures. This decision lists the subjects not covered by the qualification attested by the applicant and whose knowledge is imperative to practice in France.

The applicant must then choose between an adjustment course of up to three years or an aptitude test.

The aptitude test takes the form of an examination before a jury. It is organised within six months of the CMA's receipt of the applicant's decision to opt for the event. Failing that, the qualification is deemed to have been acquired and the CMA establishes a certificate of professional qualification.

At the end of the adjustment course, the applicant sends the CMA a certificate certifying that he has validly completed this internship, accompanied by an evaluation of the organization that supervised him. The CMA issues, on the basis of this certificate, a certificate of professional qualification within one month.

The decision to use a compensation measure may be challenged by the person concerned who must file an administrative appeal with the prefect within two months of notification of the decision. If his appeal is dismissed, he can then initiate a legal challenge.

For further information: Articles 3 and 3-2 of Decree 98-246 of 2 April 1998; Article 6-1 of Decree 83-517 of 24 June 1983 setting out the conditions for the application of Law 82-1091 of 23 December 1982 relating to the vocational training of craftsmen.

c. Conditions of honorability

No one may practise the profession if he is the subject of:

• a ban on directly or indirectly running, managing, administering or controlling a commercial or artisanal enterprise;
• a penalty of prohibition of professional or social activity for any of the crimes or misdemeanours provided for in Article 131-6 of the Penal Code.

For further information: Article 19 III of Act 96-603 of July 5, 1996.

d. Compulsory liability insurance

The professional must take out professional liability insurance. It allows it to be covered for damage caused to others, whether directly caused or by its employees, premises or equipment.

Craftsmen involved in the construction and construction work are obliged to take out a ten-year civil liability assistance.

The insurance contract references must appear on the craftsman's quotes and invoices.

For further information: Article L. 241-1 of the Insurance Code and Section 22-2 of Act 96-603 of July 5, 1996.

e. Some peculiarities of the regulation of the activity

Respect accessibility and safety rules

If the premises are open to the public, the professional must comply with the rules on public institutions (ERP):

• Fire
• accessibility.

For more information, it is advisable to refer to the listing Establishment receiving the public .

Consumer information

Before any work is done, the company must inform the consumer of the following information:

• TTC hourly labour rates;
• How to count the time spent
• TTC prices for the various flat-rate services offered;
• Travel expenses, if any;
• The free or paid nature of the quote and its cost, if any;
• any other compensation condition.

This information must be displayed in a visible and readable way on the company's premises if it receives customers. If the service is offered at the venue of the intervention, this information must be presented to the client prior to any work in a written document.

For further information: Article 2 of the March 2, 1990 Order on the Advertising of The Prices of Troubleshooting, Repair and Maintenance Services in the Building and Home Equipment Sector.

Advertising

All written advertisements must include:

• The name, name and address of the company
• its registration number in the register of trades and companies (RCS) or in the directory of trades;
• Hourly TTC labour rates for each category of service or unit prices;
• Travel costs if the company goes to the consumer's home
• Whether or not the quote pays;
• any other conditions of remuneration, if any.

For further information: Article 3 of the order of 2 March 1990 above.

Obligation to make a note

The professional must send the consumer a note after the service has been completed and before the payment of the price. In addition, it has the consumer sign a discharge for the replaced parts, items or appliances that the consumer has refused to keep.

For further information: Article 5 of the order of 2 March 1990, and Order 83-50/A of 3 October 1983 relating to the price advertising of all services.

Driving self-propelled and lifting devices

Employees of the company may only drive self-propelled vehicles and lifting equipment (grues, free-standing trolleys, forklifts, etc.) if they have received a driving authorization issued by the employer.

To issue this authorization, the employer conducts an assessment of the worker taking into account:

• A driving fitness test performed by the occupational physician
• a control of the operator's knowledge and know-how for the safe operation of work equipment. Obtaining the Certificate of Fitness to Drive safely (Caces) allows to attest to the control of the knowledge and know-how of the employee. This certificate must be issued by certified testing bodies;
• a control of the knowledge of the place and the instructions to be followed on the site or sites of use.

For further information: Article R. 4323-56 of the Labour Code and order of 2 December 1998 relating to the training in the conduct of mobile self-driving equipment and load or lifting devices.

3°. Installation procedures and formalities

a. Follow the installation preparation course (SPI)

The SPI is a mandatory requirement for anyone applying for registration in the trades directory.

Terms of the internship

• Registration is done upon presentation of a piece of identification with the territorially competent CMA.
• It has a minimum duration of 30 hours.
• It comes in the form of courses and practical work.
• Its objective is to acquire the essential basic knowledge in the legal, tax, social, accounting fields, essential to the creation of a craft business.

Exceptional postponement of the start of the internship

In the event of a force majeure, the person concerned is allowed to carry out the SPI within one year of the registration of his company in the trades directory. This is not an exemption but simply a postponement of the internship, which remains mandatory.

The result of the internship

At the end of the internship, the participant receives a certificate of follow-up internship which he must attach to his business declaration file.

Cost

The internship pays off. As an indication, the training costs about 236 euros in 2016.

Cases of exemption from the internship

The person concerned may be excused from completing the internship in two situations:

• if he has already received a level III-approved degree or diploma, including a degree in economics and business management, or a master's degree from a CMA;
• if he has been in a professional activity for at least three years requiring a level of knowledge equivalent to that provided by the internship.

Internship exemption for EU or EEA nationals

As a matter of principle, a qualified professional who is a national of the EU or the EEA is exempt from the SPI if he justifies with the CMA a qualification in business management giving him a level of knowledge equivalent to that provided by the internship.

The qualification in business management is recognized as equivalent to that provided by the SPI for people who, at the choice:

• have been engaged in a professional activity requiring a level of knowledge equivalent to that provided by the internship for at least three years;
• have knowledge acquired in an EU or EEA state or a third country during a professional experience that would cover, fully or partially, the substantial difference in content.

For those who do not meet these conditions, the Consular Chamber may require them to submit to a compensation measure if the examination of his professional qualifications shows substantial differences with those required in France for the management of a craft company.

Terms of the internship waiver

In order to be exempt from SPI, the person concerned (French or EU or EEA national) must apply to the CMA President concerned for an exemption from internship. He must accompany his mail with supporting documents (copy of the diploma approved at level III, copy of the master's certificate, proof of a professional activity requiring an equivalent level of knowledge) and pay a fee (25 euros in 2016, as an indication). Failure to respond within one month of receiving the application is worth accepting the application for an SPI waiver.

For further information: Article 2 of Act 82-1091 of 23 December 1982, Article 6-1 of Decree 83-517 of 24 June 1983, above.

b. If necessary, apply for a certificate of recognition of professional qualification

The person concerned wishing to have a diploma recognised other than that required in France or his professional experience may apply for a certificate of recognition of professional qualification.

Competent authority

The request must be addressed to the territorially competent CMA.

Procedure

An application receipt is sent to the applicant within one month of receiving it from the CMA. If the file is incomplete, the CMA asks the applicant to complete it within 15 days of filing the file. A receipt is issued as soon as the file is complete.

Supporting documents

The folder should contain:

• Applying for a certificate of professional qualification
• Proof of professional qualification: a certificate of competency or a diploma or vocational training certificate;
• Proof of the applicant's nationality
• whether work experience has been acquired on the territory of an EU or EEA state: a certificate on the nature and duration of the activity issued by the competent authority in the Member State of origin;
• if the professional experience has been acquired in France: the proofs of the exercise of the activity for three years.

The CMA may request further information about its training or the applicant's work experience to determine if there are any substantial differences with the required professional qualification France. In addition, if the CMA is to approach the International Centre for Educational Studies (Ciep) to obtain additional information on the level of training of a diploma or a foreign certificate or designation, the applicant will have to pay a fee Additional.

What to know

If necessary, all supporting documents must be translated into French by a certified translator.

Response time

Within three months of the receipt, the CMA recognises the professional qualification and issues the certificate of professional qualification;

• decides to subject the applicant to a compensation measure and notifies him of that decision;
• refuses to issue the certificate of professional qualification.

In the absence of a decision within four months, the application for certification of professional qualification is deemed to have been acquired.

Remedies

If the CMA refuses to issue the recognition of professional qualification, the applicant can initiate a legal action before the relevant administrative court within two months of notification of the refusal of the CMA. Similarly, if the person concerned wishes to challenge the CMA's decision to submit it to a compensation measure, he must first initiate a graceful appeal with the prefect of the department in which the CMA is based, within two months of notification of the decision. CMA. If he does not succeed, he may opt for a litigation before the relevant administrative tribunal.

For further information: Articles 3 to 3-2 of Decree 98-246 of 2 April 1998; decree of 28 October 2009 under Decrees 97-558 of 29 May 1997 and No. 98-246 of 2 April 1998 relating to the procedure for recognising the professional qualifications of a professional national of a Member State of the Community or another state party to the European Economic Area agreement.

c. Company reporting formalities

The formalities depend on the legal nature of the business. For more information, please refer to the "Formality of Reporting of a Commercial Company," "Individual Business Registration in the Register of Trade and Companies" and "Corporate Reporting Formalities. artisanal work."

d. Make a prior declaration of activity for EU nationals engaged in a one-off activity (Freedom to provide services)

EU or EEA nationals wishing to practice in France on an occasional and ad hoc basis are subject to a declaration prior to its first service on French soil.

This prior declaration of activity must be renewed every year if the person concerned intends to practice again in France.

Competent authority

The prior declaration of activity is addressed to the CMA in the jurisdiction from which the registrant plans to carry out his performance.

Receipt

The CMA issues a receipt to the registrant stating the date on which it received the full pre-report of activity file. If the file is incomplete, the CMA notifies within a fortnight the list of missing documents to the registrant. It issues the receipt as soon as the file is complete.

Supporting documents

Pre-reporting of activities must include:

• The dated and signed declaration, mentioning information on compulsory professional civil insurance;
• Proof of the nationality of the registrant;
• proof of professional qualifications: training qualifications, certificate of competence issued by the competent authority in the State of the establishment, any document attesting to professional experience indicating its nature and duration, etc.
• if applicable, evidence that the registrant has been working for at least two years full-time chimney sweeping activity over the past ten years;
• a certificate of establishment in an EU or EEA state to carry out the chimney sweeping activity;
• a certificate of non-conviction to a ban, even temporary, from practising.

All documents must be translated into French (by a certified translator) if they are not drawn up in French.

Timeframe

Within one month of receipt of the full pre-report of activity file, the CMA issues a certificate of professional qualification to the declarant or notifies the need for further examination. In the latter case, the CMA notifies its final decision within two months of receipt of the full pre-report of activity file. In the absence of notification within this time frame, the pre-declaration is deemed to have been acquired and the service delivery may therefore begin.

In support of its decision, the CMA may contact the competent authority of the registrant's state of settlement for any information regarding the legality of the institution and its absence of disciplinary or criminal sanction of a nature. Professional.

Good to know

If the CMA finds a substantial difference between the professional qualification required to practise in France and that declared by the claimant and this difference is likely to adversely affect the health or safety of the beneficiary of the service, the registrant is invited to submit to an aptitude test. If it refuses to do so, the provision of services cannot be carried out. The aptitude test must be held within three months of filing the full pre-report activity file. If this deadline is not met, recognition of professional qualification is deemed to have been acquired and service delivery may begin. For more information on the aptitude test, refer to "Good to Know: Compensation Measures."

Use

Any decision by the CMA to subject the registrant to an aptitude test may be the subject of an administrative appeal to the prefect of the department where the CMA is based within three months of notification of the CMA's decision. If the appeal is unsuccessful, the registrant can then initiate a litigation.

Cost

Pre-reporting is free of charge. However, if the registrant participates in an aptitude test, he may have to contribute to the costs of organizing this measure.

For further information: Article 17-1 of Law 96-603 of 5 July 1996; Articles 3 and following of Decree 98-246 of 2 April 1998 above; Articles 1 and 6 of the order of 28 October 2009 mentioned above.