“Avoidable tragedies …"

Rupert Scott of Enclôture talks to Patrick Middleton about swimming-pool safety

The statistics are grim: every week on average across France two people die in a private swimming pool; the victims are often young children. In both 2004 and 2005 in the Alpes-Maritimes four children drowned who were not yet five. The full horror of these tragedies can only be appreciated when you talk to those directly involved. Last September one of our readers had to confront the needless death of a young child in his own family and in his own home. His daughter had come from Paris to spend some time with her parents just outside of Nice. A moment of inattention on her part allowed her four-year old daughter to wander to the edge of the pool, fall in and drown. The pool was without any form of safety installation.

“As foolproof as possible”
Cases like this bring a passionate response from Rupert Scott, managing director of Enclôture, a company which makes and manages protective fences for domestic pools. “I hear stories from all over France about these largely avoidable tragedies. You know, for a family it’s worse than losing a child to illness or in a road accident precisely because it’s avoidable. In fact, it was one man’s realisation of that which led to the new law on pool safety. When he was prime minister, Jean-Pierre Raffarin lost a relative in the way we’ve been discussing and determined to do something to reduce the risk of such accidents.”

What he did was to introduce legislation which since January the 1st this year applies to all domestic pools. They must have a safety system which meets official norms. “Briefly, the law envisages four possibilities: an alarm device, a fence, a cover or what’s called an abri, a canopy entirely enclosing the pool.” Which solution does Rupert Scott recommend? “I’ve absolutely no hesitation: go for a fence, and the right kind of fence. Yes, that’s what I sell but I’ve chosen to sell fences because it’s the only solution which is as foolproof as possible. Take alarms: like any purely mechanical or electronic device they can simply fail. But they’ve got built-in defects. When the pool’s in use they deactivate and afterwards they take a few minutes to come on again. Time enough for an accident to happen. Then in some cases they’re too far from the house to allow a fast enough response. Then they can be set off by the effect of wind on water and if that happens too often – as it can – people just switch them off. That could be fatal. There’s a psychological problem, too. Alarms give people a feeling of security which just isn’t justified.” 

And what about covers and canopies? “Well, if you see the promotional literature they look great. The snag is they take time to adjust according to circumstances and sometimes people just can’t be bothered. It can wait till after lunch. Again, that could be fatal. No – you can’t get away from it: a fence is best.” What are they like? “Two points: one technical, one aesthetic. There has to be a self-closing, self-locking gate that’s childproof, otherwise no point. Then you get people who say fences are ugly. Okay, some of the less transparent ones are but in addition we are soon to be offering glass fences developed in Australia which are very attractive. The key issue however is still safety.”

“What value a child’s life”
So what advice would Rupert Scott give to pool owners? “The really dangerous age for kids is up till five or six though older children can be victims, too and adults, as well. And don’t think just about your own family. Visitors’ children are also obviously at risk if you’ve got an unprotected pool. There’s no doubt about it media coverage like this is changing attitudes but slowly. As we speak – just a couple of weeks before the new law comes into force – most pools in France are still unprotected. Tragedies are waiting to happen. This isn’t an option like upgrading your satellite system or aircon. It should be an absolute priority if you ever have children around your pool. Two final points: make sure that what you buy has been properly tested – that doesn’t mean by the guy selling it to you but by the LNE – the Laboratoire National d’Essais – or an official testing body; then budget for your pool safety system – don’t go for the cheapest you can find. What value do you put on a child’s life? Think about it ...”

Enclôture’s website is at www.encloture.com. Azur Security also installs accredited devices and have an informative website at www.azursecurity.com. Details of norms for pool safety devices are at www.afnor.fr. For general advice in English on children swimming in pools and elsewhere see www.rospa.co.uk.

From Reporter 113 - Feb/Mar 2006 

No worries! 

Ivar O’Brien wrote to us about a 100-year old water reservoir in his Grasse garden which is used for swimming during some six weeks of the summer and allowed to remain beleafed and stagnant for the rest of the year. Children are never present. Should he worry about this?

We asked our lawyer who replied: “These are common water features in the countryside. I feel that if they were meant to be covered by the law they would have been specifically ‘assimilated’ to pools. In the circumstances I would say your reader has no reason for worries. Of course, if children were to be present common sense would demand adequate protection.”

From Reporter 113 - Feb/Mar 2006  

Now’s the time to think about the pool

Maybe you don’t plan a dip in your (unheated) pool this early winter season but remember this: the law of 2003 comes into force on January 1st, 2006 specifying that all private pools, without exception, should be equipped with a safety installation, designed particularly to protect children. Failure to observe the new rules could bring a fine of 45,000 euros.

Sounds serious, but there’s no system of routine inspection in force. However, if you try to rent out your property through an agency you could well have difficulty if you haven’t applied the new security measures; and if there’s ever an accident in your unprotected pool you could be in big trouble. And remember: across 2002-2004 there was an average of 22 deaths a year in France by drowning in pools. More on this next time.

From Reporter 112 - Dec 2005

Some timely reminders from Phil Heinlein

There’s one piece of advice that can’t be repeated too often: don’t allow young children to stay unsupervised around a pool, even where the new safety regulations have been applied. In 2003, 20 children drowned in France in private pools. A tragedy – but one that could have been avoided.

Other points: be wary of pools installed by DIY enthusiasts. They don’t always ensure there’s adequate depth under the diving board. A few years ago a reader in the Var ended up with a badly fractured skull while trying out the handiwork of an amateur pool builder. And never swim when full of food and, especially, booze. As to the new safety regulations, if you rent out your home you are legally bound to apply these rules; they have to be implemented with all newly constructed pools and existing pools will have to be adapted by the beginning of next year. For further details see articles in Reporter n° 98 and 103, also accessible on the following pages

When thinking about pool security there’s an important point to remember, says local specialist Bertrand Baumgartner of Azur Security. “Don’t think there’s one system that fits all cases. It depends on your local situation: How big is the pool? How far is it from the house? Are there children at risk? – these are the sort of questions to ask and you then need professional advice. I’ve avoided being tied in to any one manufacturer’s line of products. When I’ve assessed the security needs at a particular residence I like to choose from the full range of systems available. Horses for courses, as they say

From Reporter 109 - June/July 2005 

Phil Heinlein on avoiding a summer tragedy

Think about it now. So what does the law say? Firstly, all new private pools and any private pool on a property which is rented out must be made safe. The deadline for this was May 1st, advanced from January 1st. In other cases the law will be applied from January 1st, 2006. There appears to be no provision for routine inspections but if an accident happens the law prescribes a maximum fine of 45,000 euros for failure to conform with the regulations and this can be accompanied by a criminal prosecution for endangering life. Even if you like to believe, as most of us do, that tragedy only happens in the lives of others, you could get into trouble if your unsafe pool is reported by a malicious neighbour (such do exist!) or if you're thinking of renting out sometime the letting agency could ask to check check your pool  though that's not a certainty. So think about it now if you've so far done nothing.

Swimming Pool Fence Regulations
People in the Pool

It's a distressing fact: the leading cause of accidental infant death during the summer months is by drowning in private swimming pools. Last year alone 21 people, mostly children, drowned in family pools in our region.

A couple of issues back we announced that pool owners would soon be obliged to install approved safety measures without precisely stating what was, at the time, conflicting information of what "approved" meant an omission that didn't escape the criticism of Maison Cordiales (English owners of French houses). Thanks to Bertrand Baumgartner and his team at Azur Security (formerly Valbonne Security) here are the facts.

Firstly, the law doesn't stipulate any single measure so pool-owners will be able to choose between approved systems. For the moment, the choice is between a security barrier or a soon to be licensed detector that emits a loud audible signal when someone falls into the pool. An infrared beam fence is also on the market but not yet licensed. The security barrier is the least aesthetically pleasing option. The barrier must be at least 1.2m high and carry an official certification which takes into consideration several elements including the child proofness of the gate. Count around 2000 euros, installed.

An auto-nomous fall detector is the more eye pleasing solution and, although still awaiting official licensing, the Aquasensor model sold by Azur Security meets certification standards. Solar-powered, it can be temporarily disabled and automatically switch itself back on. The Aquasensor costs around 1100 euros and, for the ultra-cautious, can be used in conjunction with a security barrier.

The new regulations (which do not apply to above ground pools) are effective from January 1, 2004 for pools constructed after that date and for pools of any age constructed on property that is rented seasonally. All other pools must be equipped before January 2006. Considering the statistics on infant death by drowning, owners would be well advised to pre-empt these legal deadlines.

Azur Security in Valbonne can install systems which will bring a pool into line with the law and, more importantly, put family and visitors in a safer poolside environment.

From Reporter 98 -  Aug/Sept 2003

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