Swimming
Pool Law in France
07/08
There
is continuing confusion about what types and specifications of security
systems people should install. 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 standards were published.
After a long delay, the final standards were published and ratified in
January 2004, or so we thought. Because in the March AFNOR, the
French standards body, announced that they would be publishing revised
"normes" after early tests on equipment threw up a need for
further clarification.
The relevant AFNOR statement in French can be found here:
This had all the makings of a French farce, but not a very funny one. In
the same document AFNOR stated that the revised normes would be
published in early May 2004. 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 2004 AFNOR have stated that the final
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
Importantly it does say that if you installed 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 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:
AFNOR state that you have two choices to comply:
1. Rely on the 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 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 standards
you can purchase online (Euros 67.15) the following standards documents
from AFNOR, the French standards body.
Safety Barriers (Fences) - Final Standard published NF P90-306
Safety Covers – Final Standard published NF P90-308
Pool Alarms - Final Standard published NF P90-307
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 security system (dispositif de sécurité
normalisé) is installed to pools in these categories as follows:
In-ground outdoor pools, not to indoor or above-ground or on-ground
pools.
New 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 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 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 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 an 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 gate open or
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 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 have their own 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.
Let us hope that the muddy waters of this swimming pool security farce
start to settle over the coming months. In the meantime we should be
grateful to hear of anything contrary to this interpretation or that
adds to the picture that is emerging.
|
