LAW n° 2003-9 of January 3, 2003 relating to the safety of the swimming pools

The French National Assembly and the Senate adopted,

The President of the Republic promotes the law whose content follows:

Article 1

It is created, with title II of the Ier book of the code of construction and the dwelling, a chapter VIII thus written:

« Chapter VIII »

« Safety of the swimming pools »

"Art. L. 128-1. - As from January 1, 2004, the privative nonclosed inground swimming pools of individual or collective use must equipped with a standardized safety device aiming at preventing the risk of drowning.

"As from this date, the manufacturer or the fitter of such a swimming pool must provide to the building owner a technical note indicating the safety device conforms to the standards.

"the form of this technical note is defined by lawful way in the three months following the promulgation of the law n° 2003-9 of January 3, 2003 relating to the safety of the swimming pools.

"Art. L. 128-2. - the owners of privative nonclosed buried swimming pools for individual or collective use installed before January 1 2004 must have equipped their swimming pool with a standardized safety device by 1 January 2006 , provided that on this date a device suitable for their equipment exists.

"In the event that the property is for rental use, a safety device must be installed before January 1, 2004.

"Art. L. 128-3. - conditions of the standardization of the devices mentioned with the articles L. 128-1 and L. 128-2 are determined by lawful way "  

Article 2

Chapter II of the title V of the Ier book of the code of construction and the dwelling is supplemented by an article L. 152-12 thus written:

"Art. L. 152-12. - the non-observance of the provisions of the articles L. 128-1 and L. 128-2 relating to the safety of the swimming pools is punished by a fine of 45.000 Euros.

"Property owners can be declared legally responsible, under the conditions envisaged by article 121-2 of the penal code, for infringements to the provisions of the articles L. 128-1 and L. 128-2.

"the punishments incurred by the people responsible are:

"1° the fine, according to the methods envisaged by article 131-38 of the penal code;

"2° punishment mentioned with the 2° with 9° of article 131-39 of the penal code.

"the ban mentioned with the 2° of article 131-39 of the penal code relates to the activity in the exercise or at the time of the exercise of which the infringement was made"

Article 3

The Government will present on the desk of the parliamentary assemblies a report/ratio on the safety of the privative nonclosed buried swimming pools of individual or collective use before January 1, 2007 . This report/ratio specifies the evolution of the accidentology and draws up the state of the application of the provisions contained to the article 1st.

The present law will be carried out like law of the State.

Fact in Paris, January 3, 2003.

Jacques Chirac

By the President of the Republic:

The Prime Minister,
Jean-Pierre Raffarin

The Minister of Interior Department,interior safetyand of local freedoms,
Nicolas Sarkozy

Minister of Justice, Minister for justice,
Domenica Perben

The Minister for the economy,finances and industry,
Francis Sea

The Minister for the equipment, transport,housing, tourism and sea,
Gilles de Robien

J.O n° 290 of December 16, 2003 page 21435  

Opinion and communications
Various opinions
Ministry for the economy, finances and the industrieindustrie

Opinion relating to the homologation and the cancellation of standards

Pursuant to the decree n° 84-74 of modified 26 January 1984, in the absence of opposition of the interdepartmental delegate to the standards, the board of directors of the French Association of standardization, by decision n° 2003-96 of December 5, 2003, pronounced the homologation, to take effect as from December 20, 2003, of the four following French standards:

HABITAT, SPORTS, LEISURES

AND PRODUCTS FOR HUMAN CONSUMPTION

NF P90-306. - protection Measures for privative nonclosed buried swimming pools of individual or collective use. - Barriers of protection and means of access to the basin . - Requirements of safety and testing methods (index of classification: P90-306).

NF P90-307. - protection Measures for privative nonclosed buried swimming pools of individual or collective use. - warning Systems . - Requirements of safety and testing methods (index of classification: P90-307).

NF P90-308. - protection Measures for privative nonclosed buried swimming pools of individual or collective use. - Covers of safety and devices of fixing . - Requirements of safety and testing methods (index of classification: P90-308).

NF P90-309. - protection Measures for privative nonclosed buried swimming pools of individual or collective use. - Shelters (light structures and/or verandas) of swimming pools. - Requirements of safety and testing methods (index of classification: P90-309).

Amendment 17 December 2003 presented by the government.

In the article below the date of 1 Jan 2004 has been changed to 1 May 2004 for rental properties.

The law 2003-9 of 3 Jan 2003 relating to swimming pool security has introduced dispositions for the prevention of the risks of drowning in private swimming pools for individual or collective use.  It requires that a security item be installed before 1 Jan 2004 for properties with existing pools which are used for rental purposes.

The discussions on the decree of application have been delayed by the items introduced in the law.  The AFNOR standards have just been finalised by AFNOR and were published in the Official Journal on 16 Dec 2003.  The decree will be published shortly.

It is necessary to allow the property owners of existing pools used for holiday rentals enough time to choose their security item and have it installed.

J.O n° 1 of January 1, 2004 page 89

Decrees, decrees, circulars
General texts
Ministry for the equipment, transport, housing, tourism and the sea

Decree n° 2003-1389 of 31 December 2003 relating to the safety of the swimming pools and modifying the code of construction and the dwelling

The Prime Minister,

On the report/ratio of the Minister for the equipment, transport, housing, tourism and sea,

Considering directive 98/34/CE of the European Parliament and the Council of June 22, 1998 envisaging a procedure of information in the field of the standards and regulations technical and the rules relating to the services of the company of information, together the notification n° 03/0218/F;

Considering the code of construction and dwelling, in particular the articles L. 128-1 and L. 128-2;

Considering the law n° 41-1987 of May 24, 1941 relating to standardization;

Considering the law n° 51-662 of 24 May 1951 ensuring the safety in the establishments of swimming;

Considering the decree n° 84-74 of 26 January 1984 fixing the statute of standardization;

After opinion of the Council of State (section of public works),

Issue:

Article 1

It is created with title II of the Ier book of the code of construction and the dwelling a chapter VIII thus written:

"Chapter VIII"

"Safety of the swimming pools"

"Art. R. 128-1. - the provisions of this chapter apply to outdoor swimming pools which are completely or partially in ground and which are not covered by the law n° 51-662 of 24 May 1951 ensuring the safety in the establishments of swimming.

"Art. R. 128-2. - the building owners of the swimming pools built or installed as from January 1 2004 must have provided them with a safety device intended to prevent the drownings before first use.

"This device must be in conformity either to the French standards, or to the standards or the technical specifications or the manufactoring processes envisaged in the regulations of a Member State of the European Community or another State left to the agreement on the European economic Area, ensuring an equivalent level of safety. The references of these standards and regulations are published with the Journal officiel de la République française.

"Art. R. 128-3. - the technical note mentioned with the article L. 128-1 must be given to the building owner by the manufacturer or the fitter at the latest with the date of reception of the swimming pool. This note indicates the characteristics, the maintenance and operating conditions of the safety device. It also informs the building owner on the risks of drowning, the general measures of prevention to be taken and on the recommendations attached to the use of the safety device.

"Art. R. 128-4. - provisions of the second subparagraph of the article R. 128-2 apply to the safety devices mentioned with the article L. 128-2, which must equip at the dates envisaged by this one the swimming pools built or installed before January 1 2004. "

Article 2

The Minister of Justice, Minister for justice, the Minister for the economy, of finances and industry, the Minister for the equipment, transport, housing, of tourism and the sea, the minister delegated to industry and the Secretary of State to small and medium-sized undertakings, to the trade, the craft industry, the liberal professions and consumption are charged, each one in what relates to it, of the execution of this decree, which will be published with the Journal officiel de la République française.

Fact in Paris, December 31, 2003.

By the Prime Minister : Jean-Pierre Raffarin