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 This article on swimming pool safety in France was taken from FrenchEntree.com, your complete guide to property and life in France
Swimming pool safety laws
Standards now subject to revisions There are important French laws now passed regarding the safe usage of swimming pools. Find the Law here
There is continuing confusion about what types and specifications of security systems people should install for their swimming pools. At first, there was a period during 2003 whilst experimental standards (published for public information) were under discussion. Some people went ahead and installed equipment, especially fences, on the assumption that the experimental standards would be ratified. Others waited on the basis that if you install equipment based on experimental standards you run the risk of having to change or upgrade when the final swimming pool safety standards were published.
After a long delay, the final swimming pool safety standards were published and ratified in January 2004, or so we thought . Because in March AFNOR, the French standards body, announced that they would be publishing revised swimming pool safety "normes" after early tests on equipment threw up a need for further clarification.
The relevant AFNOR statement in French can be found here:
planete.afnor.fr/v3/espace_information/normesreglementation/piscines_privees.htm
This had all the makings of a French farce, but not a very funny one. In the same document AFNOR stated that the revised swimming pool safety normes would be published in early May. Swimming pool owners (of rented properties) will not need reminding that May 1st was also the date by which they must have complied with the legislation!
Thankfully, as of early May AFNOR have stated that the final swimming pool safety regulations are indeed now published (but you still have to buy them from their web site - see below).
There is a statement which summarises the latest position here planete.afnor.fr/v3/espace_information/normesreglementation/piscines_proprietaires.htm .
Importantly it does say that if you installed swimming pool safety equipment based on the original standards published that these will still comply. (which makes one wonder what the revisions were all about).
The statement also provides a link to a list of swimming pool safety equipment manufacturers who were part of the commission (though it makes clear that being part of the commission does not imply that their products conform) here: planete.afnor.fr/v3/espace_information/normesreglementation/liste_fabricants_piscines.htm
AFNOR state that you have two choices to comply:
1. Rely on the swimming pool safety equipment manufacturers word (self-certification). There are plenty of products around now claiming to conform to the standards.
2. Buy a product with the official NF mark of conformity.
As there have yet been no official swimming pool safety equipment product tests (so far as we know) for manufacturers to validate their products' conformity it is largely down to relying on the word of the installer or manufacturer, who must provide a "note technique" as regards compliance of any installation.
So what can we be sure of?
Well, in case you still want the full official version of the "final" swimming pool safety standards you can purchase online (Euros 67.15) the following standards documents from AFNOR, the French standards body, here (Type in the number of the standard in the Search box):
* Swimming Pool Safety Barriers (Fences) - Final Standard published NF P90-306
* Swimming Pool Safety Covers – Final Standard published NF P90-308
* Swimming Pool Alarms - Final Standard published NF P90-307
* Swimming Pool shelters - Final Standard published NF P90-309
Note that these are in French and to our knowledge there have not yet been any official English translations.
As regards the law the main points are:
The law requires that a standardised swimming pool security system (dispositif de sécurité normalisé) is installed to pools in these categories as follows:
• In-ground outdoor swimming pools, not to indoor or above-ground or on-ground pools.
• New swimming pools installed after 2003 or those that are located at a property which is rented must comply by 1st Jan 2004 (amended to 1st May 2004 for existing pools at rented property).
• Those that are for private use only must comply by 1st January 2006
• The penalty for non-compliance is €45,000.
Can I choose my security system?
Many people had assumed that the law would require a swimming pool safety barrier (fence) and that the other systems would be supplementary. However, it is now pretty clear that this is NOT the case. It would appear (and you must seek other independent technical and/or legal advice to be absolutely sure) that legally you may select any of the standardised swimming pool security system options provided that it complies with the appropriate AFNOR standard AND it is maintained and kept in an active and effective state.
If this is the case, i.e. that you have the option of selecting say, an approved swimming pool alarm system instead of a fence, then the situation is actually more complicated and there will be a number of implications and points to consider. For example:
- the installation of any standardised system will not in itself protect you from legal action (either by the authorities or by an individual) if you have not maintained the system AND kept it in an active state. For example, if you have a swimming pool alarm but it cannot be heard from part of your house while the pool is in use this would, one imagines, be considered to be ineffective. Equally if you have a fence system with gate but someone leaves the gateor unlocked the same would apply.
- there will be a much wider range of cost options assuming you can choose the type of system
- what is suitable for use in say a gite complex with lots of children and visitors who are unfamiliar with swimming pools may not be suitable or necessary for a private pool
- if you are letting your property you may find that your insurance company or letting agency will make the decision for you, i.e. they may decide not to cover you or let your property unless it has a particular type of security device
- although fencing may prove to be many people's choice there has been a lot of recent debate about the number of child drownings that occur with fenced-in pools. Some people say this is caused by a false sense of security provided by having a fence leading in turn to an over-relaxed attitude
- whatever choice you make, there is of course no substitute for adult responsibility, common sense and vigilance
- as with much French law there is scope for different interpretation. Unfortunately it will require a number of prosecution test cases before things become clearer. One also wonders what the legal position is with regards to manufacturers self-certifying their products - presumably if a pool-owner who had installed a manufacturer certified product was sued by a client or by the authorities for failure to comply they would have in turn to take legal action against the manufacturer!
You should anticipate that from 2004 onwards, insurance companies, holiday letting agents and informed clients will expect that pool security systems comply with the AFNOR standards and you should check with insurers and agents to see if they are introducing specific requirements.
You must ask installers for written confirmation that their products comply with the AFNOR standards, keep copies of receipts for work carried out and regular recorded maintenance checks of your security equipment.
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