>> FAQ - Swimming Pool Online advice and recommendations French legislation relative to swimming pools

French legislation relative to swimming pools

Legislation relative to swimming pool owners legal obligations in Continental France

Who does this concern?

Residential pool owners for existing pools or contractors of new pools who have the responsibility of installing a certified security system.

In the case of non-respect of the relative legislation, a fine of 45 000€ and criminal sanctions can be applied.

Legislation relative to pool security

Art. L. 128-1.

From the first of January 2004, outdoor, inground residential or public pools must have a certified security system aiming to prevent a drowning risk.

From the above date, the builder responsible for this type of pool installation must provide the technical notice which details the chosen certified method of security selected to the Project Manager.

The contents of the technical notice is defined by the administrative procedure adopted following the enactment of the decree n° 2003-9 dated 3 January 2003 relative to pool security.

Decree n° 2003-1389 dated 31/12/2003
Decree n° 2004-499 H

Art. L. 128-2.

Owners of inground, open air, residential or public pools installed pools installed before the 1st of January 2004 must be equipped with a certified security system before the 1st of January 2006, on the condition that a certified security system adapted to their configuration.
In the case of seasonal rental a recognised security system must be installed before the 1st of January 2004.

Art. L. 128-3.

The criteria for certification of the security systems detailed in articles L. 128-1 and L. 128-2 are determined by a statutory procedure.

( (Decree n° 2003-1389 dated 31/12/2003 ) )
( Decree n° 2004-499 dated 07/06/2004 )

This legislation includes :

Art. L. 152-12.

The non-respect of articles contained in L. 128-1 and L. 128-2 relative to pool security can be punished by a fine of 45 000€.

Legal entities are also deemed as legally responsible in the article 121-2 of the French penal code of offences detailed in articles L. 128-1 and L. 128-2.

Applicable sanction for legal entities are :
1. Fines, as detailed in article 131-38 of the French legal code.
2. Sentencing as detailed in point 2° and 9° of the article 131-39 of the penal code.

Interdictions, as detailed in point 2 of article 131-39 of the French penal code entailing activity, carried out during the exercise of which the infraction has been committed.

Pool owners must install one of the 4 security systems listed in the decree n° 2004-499.

Swimming Pool Online outlines for you in this document the essential points concerning pool security legislation :

The 4 recognised systems of pool security systems

Elements of protection of private, open-air pools to be used in an individual or group context.

Pool owners should ensure the material which they need to purchase or have installed respects the given criteria and conforms to one of the four systems which are recognised at the time of purchase or installation

: Protective barriers and access points to pool

: Alarm systems

: Security covers and fixation systems

: Pool enclosures (light structures or verandas) for pools

Safety advice and reccomendations

Recap of safety guidelines :

• Never leave a child unattended beside or near the pool area .
• Children must be constantly supervised.
• One person should be designated as reposible for child security.
• Young children should be equipped with armbands, inflatable jackets or other swimming aides
• Teach your children to swim as early as possible
• A perch, life ring, or portable telephone should always be beside the pool
• Learn the lifesaving procedures to follow if immersed in water
• Do not leave toys in the pool after use
• Equip your pool with a security system and be sure to reactivate after pool use
• Stock chemical treatment products out of children's reach

Given reccomendations by the Interprofessional Pool Union (Coordination Syndicale Interprofessionnelle de la Piscine (CSIP)).

The above recommendations are provided as information, are non-exhaustive and do not in any way substitute applicable legislation.

For all complementary information contact your local authorities.