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Pools page 1 The Laws
Pools page 2 Notes On Safety
Pools page 4 Questions and Answers


LAW n° 2003-9 of January 3, 2003 relating to the safety of the swimming pools (1)

NOR: EQUX0205944L

The French National Assembly and the Senate adopted,

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

Article 1

It is created, with title II of the Ist 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 private non closed inground swimming pools of individual or collective use must be 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 standardized safety device retained.

"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 private non closed inground swimming pools of individual or collective use installed before January 1 2004 must have equipped by 1 January 2006 their swimming pool with a standardized safety device, provided that on this date such an adaptable device exists.

"In the event of seasonal rental of the property, 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 of 45 000 EUR of fine.

"firms and companies can be declared penally responsible, under the conditions envisaged by article 121-2 of the penal code, of the infringements to the provisions of the articles L. 128-1 and L. 128-2.

"the penaties incurred by firms and companies are:

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

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

"the prohibition 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 presents before January 1, 2007 on the desk of the parliamentary assemblies a report on the safety of the private non closed inground swimming pools of individual or collective use. This report 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.

Done 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 safety and of local freedoms,
Nicolas Sarkozy

Minister of Justice, Minister for justice,
Dominique Perben

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

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



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