The French Fried Pool Guidelines - At Last….

By Dawn Eleanor Ramsay

The long awaited, highly publicized Private Pool safety laws passed this summer, have again been French Fried. Previous attempts to pass safety legislation were crippled by lack of enforcement. No agency was designated to enforce them. Of course, no one bothered to comply. Supposedly, this summer marked a victory for those of us concerned about drowning risks. The new law named the local Gendarmes as enforcers of the rules. Surely now all owners of private pools would have to comply?

I jumped on the band wagon in all my usual American exuberance. I tapped away at my computer keys, trying to inform all the non-French pool owners of the laws, assuming that many risked missing directives due to language barriers! Then, I noticed the specifications were marked provisional. Hmm….
"That means they could change?" - No!- I was assured by the agency.
"Then why are they provisional?" -They are new and not finalized.-
"So, they can be changed." -No!-
After multiple emails and fruitless telephone calls in my best bureaucratic French, I decided to try something different. Off I went to the Mayor’s Office. My friendly secretary, Cathy, searched for a week. She combed every article, bulletin, and meeting note she had. She called friends from the “Mairies” of neighboring towns and still turned up nothing concrete. Everyone had notices of upcoming enforcement, but no firm requirements.

The secretary called her friend, an old school mate now working in the Sous-Préfecture. Her friend turned up the same general lack of information, but was able to add that she had seen it on the television, and yes, she was sure it was the Gendarmerie that would be enforcing the specifications. She called someone at the Préfecture to no avail. Now was time for the obvious question: "Do we need to fence the pools or not?" The answer: "“Of course you do, it is the law."

Well, that is a French Fried answer if I ever heard one. Quite frustrated, fearing missing my deadline, and in reality quite outraged at the complete disregard for child safety, I turned up at the Gendarmerie. They should be able to tell me what they would be enforcing come January 2003, shouldn’t they?

After negotiating a conversation explaining my purpose into a little answer box, a large gate, and a buzz-entry, bullet-proof door to gain access to the Gendarmerie in the tiny village where my daughter attends school, I again explained my mission. The uniformed, lady Gendarme at the desk had no idea. She called into the station, and a man who had obviously been working at some sort of construction project appeared. “Are you a Gendarme?” Yes, he was. And, he seemed to know exactly what information I required.

Yes, the Gendarmes would be taking care of the enforcement.
Yes, all pools must be fenced.
Yes, the deadline is January 2003.
Yes, if pools aren’t fenced, the properties concerned risk being prevented from renting their gîtes next summer.
No, there are no written rules on what kind of fence is necessary.

Actually, yes, there were guidelines. (I was handed a leaflet, printed in 1999 showing pool safety tips) “Teach all children to swim no later than age 4, never leave them unattended, remove toys from the pool, and lastly… It is highly recommended to install a barrier around the pool designed to prevent children under 5 from the ability to access the water.”

"What should I tell owners to do," I asked, indicating that these did not appear to be new, as in the requirements as of July 2002! The answer I am assured is in the leaflet from 1999. So for all owners that do not have a barrier around your pool, or question whether what you have is enough, make sure that you install the following:

A fence a minimum of 1.1 meters high. If you are installing a new fence, build it 1.5 meters high- this higher limit was mentioned in the new "provisional" guidelines.

The fence can be rigid (wrought iron, etc.) or can be flexible (wood posts with wire).

The gate must have 2 pressure points (hinges). Preferably with an automatic closure. Again, if you are installing new buy spring-loaded hinges.

The latch to the gate should not allow access to your average 5 year old. Place it at the top, requiring you to reach over the gate with 2 hands to open it from the inside.

Post a sign on the gate reminding your guests to always close the gate when the pool is not in use (in French and English). Include a clause in your rental agreement about this and never provide a way to block the gate open (doorstop, large rocks, easily moved chair, etc.).

For above-ground pools, if the top edge of the pool is 1.1 meters above the surrounding ground level, the only requirement is to remove the ladder when it is not in use. Again, you should insert a clause requiring this into your rental agreement.

While these requirements are somewhat fuzzy on documentation, all reputable agencies should ensure they are met before booking your property beginning January 1, 2003. Expect your marketing companies as well as your insurance company to ask for verification. Once a law like this is in place, if there is a drowning on a property that is not in compliance, the owners can much more easily be held liable. An insurance company may refuse to pay if you are not in compliance with the law. And, the agency that rented your property could get dragged into court.

Eventually, you will have to comply with the law. Don’t take risks when the solution is relatively inexpensive and provides you with a fair measure of protection for both yourself and your guests’ children- even if your local Gendarmes don’t come knocking right away. Please email me at Dawn@rentalsfrance.com with any questions you may have. And, stop by your Gendarmerie to get the pool safety brochure.

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