Since 1st January 2004, newly-built private pools , for individual or collective use must be fitted with a safety device.
Since 1st May 2004, existing pools at dwellings rented out seasonally have also been subject to this obligation.
From 1st January 2006, all other existing pools will have to be equipped.

This concerns : Open-air private pools for individual or collective use which are sunken or semi-sunken : Family pools or pools reserved for residents, Pools at holiday villages, hotels, holiday rental properties, camping grounds, etc.

It does not concern : Pools located within a building, Inflatable pools or pools that can be disassembled and which are placed on the ground, "Swimming establishments" subject to an entry fee and which are under the surveillance of a lifesaver.

Safety requirements

Pool owners must install one of the four devices set out in Decree No. 2004-499, and these devices must comply with the following safety requirements :

Protective fences
Protective fences must be executed, built or installed so as to prevent children under the age of five from getting in without the assistance of an adult, and which can withstand the actions of a child under the age of five (particularly as far as the access locking system is concerned) without causing any injuries.

Covers
Covers must be executed, built or installed so as to prevent involuntary immersion of children under five years of age. They also have to be able to withstand an adult crossing them and not cause any injuries.

Alarms
Alarms must be executed, built or installed so that none of the activation or deactivation commands can be used by children under the age of five. Detection systems must have a siren and must not go off for no reason.

Shelters
Shelters must be executed, built or installed so that they do not cause injuries and must be designed so that the swimming pool will be inaccessible to children under the age of five when it is closed.

One of the ways for owners to make sure that the equipment that they are going to purchase or have installed complies with these requirements is to check that it complies with the four standards approved at the time of writing.

The 4 approved standards : Fences (standard NF P90-306) Covers (standard NF P90-308) Shelter (standard NF P 90-309) Alarms (standard NF P90-307)

It is up to the manufacturer of the device to guarantee that its product complies with one of these standards. The purchaser of a device must be able to obtain this proof from the vendor or the installer. The standards are available from Afnor (the French standards authority). You can purchase them or look them up in regional delegation offices.

Compliance certificate

Pools that have a safety device installed before 8 June 2004

Guarantee of compliance
Ensure that your installation complies via a written certificate.

The owners of pools who installed a safety device before 8 June 2004 can have the compliance of their installations with safety requirements certified by :

A manufacturer,

A vendor or installer of safety devices, or

A State-approved technical inspector (you can look up a list of them at : www.construction.equipement.gouv.fr or you can obtain it from Département Infrastructre Directorates).

Subject to their liability, owners can also certify this compliance themselves via a document accompanied by the supporting technical documents that enabled them to carry out the check (appendix to Decree No. 2004-499 of 7 June 2004).

What should be done to ensure compliance ?

For existing pools

If it is noted that the device does not comply with requirements, the owner must either carry out the work required or purchase a new device.

For pools under construction

For new pools, when you call on a builder or installer, they must provide you with a technical report, at the latest on the date when you receive the pool this report :
- Indicates the characteristics, operating and maintenance conditions for the safety device adopted,
- Informs you about the risks of drowning, about the general prevention measures to take, and about recommendations relating to using the safety device.

It is a criminal offence not to follow the law.

Some prevention advice

A child can drown in less than 3 minutes in 20 cm of water without making any noise.

When they are bathing or by the pool, make sure small children wear a suitable rubber ring, inflatable armbands, or a swim trainer.

Teach children to swim from the age of 4 onwards, and make them aware of the dangers involved.

Keep certain equipment items beside the pool in the event of an emergency (a pole, rubber ring, and a telephone with emergency numbers).

Always watch your children: Just having an adult present does not necessarily mean they are safe. You have to watch them constantly to ensure their safety.


Prevention advice reminder


Never allow a small child to gain access to a pool unaccompanied, never leave him or her alone there, and never take your eyes off him or her, even for a few moments.

Maintain constant, active surveillance. Under no circumstances does a safety device constitute a replacement for responsible adults, who must read and understand the safety instructions specific to each safety device. These devices only provide protection for small children if they are locked (in the case of fences, covers and shelters) or in normal operating condition (in the case of alarms).

Always remove all objects from family pools. Make sure that there are no objects (toys, inflatables) left in the pool once you have finished having a swim and reactivate the safety device.

Always provide floatation devices. Small children must be wearing water wings or swim trainers that enable them to float.
Make sure that no child goes near the pool unless he or she is wearing one of these devices.

Train yourself to carry out lifesaving.

Do not leave a family pool without having activated all the safety devices. Close the fence’s gate, the cover, or shelter to make the pool inaccessible to children.

 

General information and information required by law Web sites and addresses www.logement.gouv.fr www.cohesionsociale.gouv.fr Ministry of Employment, Social Cohesion and Housing General Directorate of Town Planning, Housing and Construction : Arche de la Défense Paroi Sud 92055 La Défense cedex ou Département Infrastructure Directorates (DDE)

Technical and professional information Afnor Web site and address : www.afnor.fr Association française de normalisation : 11, avenue Francis de Pressencé 93 571 Saint-Denis La Plaine Cedex or Afnor Regional Delegations