Swimming pool law n° 2003-9 of January 3, 2003 on pool safety

Who is covered?

Owners of existing pools or project managers for new pools are required to install or have a security system put in place.

In case of non-compliance with the legislation, you risk a fine of €45,000 as well as criminal penalties.

Legislation on swimming pool safety

Art. L. 128-1.

Since January 1, 2004, unsecured in-ground swimming pools, whether private or open to the public, must be equipped with a certified safety device to prevent drowning risks.

From this date, the pool builder or installer is obliged to provide the client with a technical note describing the standardized safety system chosen.

The details of this technical note are established by regulation within three months following the adoption of Law No. 2003-9 of January 3, 2003 on swimming pool safety.

( Decree No. 2003-1389 of 12/31/2003
)
( Decree No. 2004-499 H
)

Art. L. 128-2.

Owners of unsecured in-ground swimming pools, whether private or for collective use, installed before January 1, 2004, must have implemented a standardized safety device before January 1, 2006, provided that such a device is available and compatible with their installation at that date.

In the case of a seasonal rental of the accommodation, a safety device must imperatively be installed before January 1, 2004.

Art. L. 128-3.

The standardization criteria for the equipment mentioned in articles L. 128-1 and L. 128-2 are determined by regulation.

( Decree No. 2003-1389 of 12/31/2003
)
( Decree No. 2004-499 of 06/07/2004
)

Chapter II of Title V of Book I of the Construction and Housing Code is enriched by an article L. 152-12 written as follows:

Art. L. 152-12.

Failure to comply with the rules established in articles L. 128-1 and L. 128-2 concerning swimming pool safety can lead to a fine of €45,000.

Legal entities may be held criminally responsible, under the conditions provided for by article 121-2 of the criminal code, for infractions of articles L. 128-1 and L. 128-2.

The possible sanctions for these entities are as follows:
1. The fine, in accordance with the terms of Article 131-38 of the criminal code.
2. The sanctions listed in 2° to 9° of Article 131-39 of the criminal code.

The prohibition mentioned in 2° of Article 131-39 of the Penal Code concerns the activity within the framework or on the occasion of which the offense was committed.

The
“`

The government will submit, before January 1, 2007, a report concerning the safety of unsecured inground pools intended for individual or collective use to the parliamentary assemblies. This report will highlight the evolution of accidents related to this subject and will draw up an assessment of the application of the provisions mentioned in Article 1. This law shall be implemented as a law of the State.

Pool owners must install one of the four devices set forth by Decree No. 2004-499.

We provide you here with a reminder of the essential standards for pool safety :

The 4 safety standards for pools

Safety elements for unsecured inground pools, used individually or collectively.

To ensure that the equipment to be acquired or installed meets safety requirements, it is crucial that owners verify their compliance with the four standards approved to date.

Safety recommendations

Reminder of safety recommendations:

• Never let a child access alone or stay near a place with water.
• Constant and close supervision of children is imperative.
• Designate a person responsible for safety.
• Provide your children with armbands, floating suits, and buoys adapted to their size.
• Teach your children to swim as early as possible.
• Always have a pole, a buoy, and a mobile phone near the pool.
• Train yourself in first aid techniques.
• Avoid leaving toys in the water after use.
• Ensure your pool is equipped with a safety device, and do not forget to put it back in place after swimming.
• Store water treatment products out of reach of children.

These tips for preventing drownings are provided by the Interprofessional Pool Union Coordination (CSIP).

The information provided above is for guidance purposes only. It is not exhaustive and does not replace current regulations.

For additional information, please refer to the legislative texts or contact the DDE or the DDCCRF.