Swimming pool or bathing place operator

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1°. Defining the activity

a. Definition

The operator of a swimming pool or swimming area is a professional responsible for running an establishment offering aquatic physical and sporting activities.

These establishments are accessible to the public for a fee-based right (entrance ticket).

For further information: Article D. 322-11 of the Code of Sport.

b. Competent Business Formalities Centre (CFE)

The relevant CFE depends on the nature of the structure in which the activity is carried out.

As the activity of operating a swimming pool or swimming area is commercial in nature, the competent CFE is the Chamber of Commerce and Industry (CCI).

Good to know

The activity is considered commercial as long as the company has more than ten employees (except in the Lower Rhine, Upper Rhine and Moselle where the activity remains artisanal, regardless of the number of employees of the company on the condition that it does not use an industrial process). On the other hand, if the company has ten or fewer employees, its activity is considered artisanal. Finally, if the professional has a buying and resale activity, his activity is both artisanal and commercial.

2°. Installation conditions

a. Professional qualifications

The professional who wishes to operate a swimming area or a swimming pool must, before its opening, make a declaration to the town hall of the municipality where this establishment is located (see infra "3°. a. Statement of the opening of a swimming pool or swimming area").

Good to know

No professional qualifications are required to operate a swimming pool or swimming area. However, as long as the professional carries out a supervisory, animation, teaching or training activity within that institution, he will have to justify a specific professional qualification depending on the activity concerned.

Teaching, animation or training

The professional who engages in such an activity must hold a professional card as a sports educator and to do so justify specific diplomas, titles or professional certifications.

In addition, the professional will have to make a statement as a sports educator (see infra "3.3. d. If necessary, make a statement as a sports educator").

It is advisable to refer to the "Sports Educator," "Water And Swimming Coach" and "Aquatic Activities and Swimming Facilitator" for more information.

In case of monitoring of the bathing place

As soon as the professional is engaged in a monitoring activity of the swimming pool or the place of swimming, he must hold the title of Lifeguard.

It is advisable to refer to the "Lifeguard" card for more information.

Please note

Any swimming pool or swimming area must be constantly monitored by a professionally qualified professional. In the event of a breach of this obligation, the operator is liable to a fine of 1,500 euros (3,750 euros in the event of a repeat offence) and the possible closure of his establishment.

For further information: Articles L. 322-7 to L. 322-9 and D. 322-13 of the Code of Sport.

b. Professional Qualifications - European Nationals (Freedom to provide services or Freedom of establishment)

Any national of a Member State of the European Union (EU) or a State party to the legally established European Economic Area (EEA) agreement, operating a swimming pool or swimming area, may exercise temporary and occasional or permanent practice of the same activity in France.

As long as the professional does not engage in any activities of animation, supervision or sports educator within the establishment, no professional qualifications are required in the same way as the French national (see supra "2." Professional qualifications").

However, once the professional performs at least one of these activities, he or she will have to meet the qualification requirements specific to the profession concerned.

To find out how these activities are carried out, on a temporary and casual or permanent basis, it is advisable to refer to the "Sports Educator," "Aquatic And Swimming Facilitator" and "Coach aquatic activities and swimming."

c. Conditions of honorability and insurance

Conditions of honorability

No one may operate a swimming pool or swimming area if they have been convicted of:

• an attack on the person (physical integrity, life, freedoms, endangerment);
• extortion or embezzlement;
• against the state, the nation and public peace;
• Drug use
• possession of weapons or ammunition in violation of Title I of Book III of the Internal Security Code;
• endangering the health and physical or moral safety of practitioners;
• The use of doping substances
• illegal introduction of alcoholic beverages into a sports venue during a sporting event.

In addition, the professional who has been the subject of an administrative prohibition of practising with minors cannot carry out this activity.

Please note

If the title of animator or sports educator is used in ignorance of these provisions, the professional faces a one-year prison sentence and a fine of 15,000 euros.

For further information: Articles L. 212-9, L. 212-10 and L. 322-1 of the Code of Sport.

Insurance obligation

The professional is required to take out professional liability insurance covering him and his employees against the risks incurred during his activity.

If the professional breaches this obligation, he faces a six-month prison sentence and a fine of 7,500 euros.

For further information: Article L. 321-1 of the Code of Sport.

d. Some peculiarities of the regulation of the activity

Compliance with hygiene and safety rules

The professional is obliged to comply with the applicable health and safety provisions of swimming pools and any swimming area.

The person in charge of a swimming pool or an artificial swim is required to:

• Monitor water quality
• undergoing a health check
• comply with the rules and quality limits set by decree;
• use only effective water treatment, cleaning and disinfection products and processes that do not pose a health hazard to bathers and pool maintenance and bathing staff. Artificial.

The person responsible for bathing water must:

• Define the length of the seaside season;
• develop, revise and update the bathing water profile, which includes a census and assessment of possible sources of bathing water pollution that may affect the health of bathers, and specify acions to prevent Bathers' exposure to pollution risks
• Establish a monitoring programme on water quality before each seaside season;
• analyze the quality of bathing water
• take realistic and proportionate measures that they consider appropriate, with a view to improving the quality of bathing water, preventing bathers' exposure to pollution, reducing the risk of pollution and improving the classification of bathers Bathing water
• inform the town hall of the municipality where its establishment is located, the duration of the seaside season, the public's information on water quality and public participation in the analysis of water quality;
• submit to the health check organised by the regional health agency under the conditions of this chapter and in according with the terms defined in Article L. 1321-5 of the Public Health Code.

For further information: Article L. 322-2 of the Code of Sport and Articles L. 1332-1 to L. 1332-4, L. 1337-1 and D. 1332-1 and following of the Public Health Code; 7 April 1981 on the technical provisions applicable to swimming pools.

Posting requirement

The operator of a swimming pool or swimming area must display:

• all diplomas of the staff of the establishment as well as their professional cards or certificates of trainees;
• an internal regulation of the institution whose model is set at the Appendix III-8 Article A. 322-6 of the Code of Sport;
• all the texts setting out the health and safety guarantees of the establishment;
• its liability insurance policy and those of its employees;
• an emergency organization board, including the numbers of emergency response agencies.

The person in charge of bathing water provides the public with regularly updated information on the quality of bathing water and its management, and encourages public participation in the implementation of the previous provisions. It is also required to inform the public of the results of water quality monitoring.

Please note

In addition, each swimming pool or swimming facility must include an emergency kit to provide first aid in the event of an accident.

For further information: Articles D. 322-17, R. 322-4, R. 322-5, A. 322-6 and L. 322-2 of the Code of Sport; Articles L. 1332-1 to L. 1332-9 and D. 1332-1 and following of the Public Health Code; 7 April 1981 amended amendment to the technical provisions applicable to swimming pools.

Statement of a serious accident

In the event of a serious accident or a serious risk to the health and safety of physical and sporting participants, the professional is obliged to inform the prefect.

For further information: Article R. 322-6 of the Code of Sport.

3°. Installation procedures and formalities

(a) Statement to open a swimming pool or swimming area

Competent authority

The professional must send his declaration in three copies to the town hall of the commune where his establishment is located, no later than two months before its opening.

Supporting documents

Its statement must include the Form opening statement, the model of which is set out in Appendix III-7 of Article A. 322-4 of the Code of Sport, completed and signed, as well as all the supporting documents mentioned.

In addition to the opening declaration form mentioned in the Sports Code, and in accordance with the provisions of Article L. 1332-1 of the Public Health Code, the declaration of a swimming pool, artificial swimming or swimming, public or private for collective use, is accompanied by a supporting file which includes the commitment that the installation of the swimming pool or the development of the swimming system meets the hygiene and safety standards set out in the decrees mentioned in Articles L. 1332-7 and L. 1332-8 of the Public Health Code.

Delays and procedures

The town hall issues a receipt of declaration to the professional and sends this statement in duplicate to the prefecture within one week.

For further information: Articles A. 322-4 of the Code of Sport and L. 1332-1 of the Public Health Code

b. Establish a monitoring and rescue organization plan

Competent authority

The operator of a swimming pool or any swimming area must send a plan to organise the supervision of his establishment to the prefect of the department in which his establishment is located, at least two months before its opening.

Supporting documents

This organizational plan should include:

• The number of people responsible for ensuring this monitoring and those responsible for assisting them;
• the number of people who can be admitted to the institution at the same time.

A model of this plan is set at the Appendix III-10 Article A. 322-13 of the Code of Sport.

For further information: Article D. 322-16 of the Code of Sport.

c. If necessary, make a declaration of sports equipment

Competent authority

The operator of a swimming pool or swimming area, owner of sports equipment, is required to make a declaration within three months of the start of his activity, with the prefect of the department in which he wishes to practice.

All goods used or developed for physical and sporting activity are considered sports equipment.

Supporting documents

This statement should mention:

• The identity, email address and phone number of the equipment owner
• The general and specific characteristics of the equipment;
• physical and sporting activities.

This statement must be consistent with the model set out in the Appendix III-1 Article A. 312-1 of the Code of Sport.

Please note

If this reporting obligation is breached, the operator is fined 150 euros.

For further information: Articles L. 312-2 and R. 312-2 to R. 312-7 of the Code of Sport.

d. If necessary, make a statement as a sports educator

Anyone wishing to practice any of the professions governed by Article L. 212-1 of the Code of Sport must declare his activity to the prefect of the department of the place where he intends to carry out his activity as principal. This declaration triggers the obtaining of a business card.

The declaration must be renewed every five years.

Competent authority

The declaration should be addressed to the Departmental Directorate of Social Cohesion (DDCS) or Departmental Directorate for Social Cohesion and Population Protection (DDCSPP) of the practice department or the main exercise, or directly in line on the official website of the Ministry of Sport .

Timeframe

Within one month of filing the declaration file, the prefecture sends an acknowledgement to the registrant. The business card, valid for five years, is then addressed to the registrant.

Supporting documents

• Cerfa 12699*02 ;
• A copy of a valid ID
• A photo ID
• A statement on the honour attesting to the accuracy of the information in the form;
• A copy of each of the diplomas, certificate titles invoked;
• A copy of the exercise authorization and, if any, diploma equivalency;
• a medical certificate of non-contradictory to the practice and supervision of the physical or sporting activities concerned, less than one year old.

If the return is renewed, you should attach:

• Form Cerfa 12699*02 ;
• A photo ID
• A copy of the valid review certificate for qualifications subject to the recycling requirement;
• a medical certificate of non-contradictory to the practice and supervision of the physical or sporting activities concerned, less than one year old.

The prefecture will itself request the communication of an extract of less than three months from the registrant's criminal record to verify that there is no disability or prohibition of practice.

Cost

Free

For further information: Articles L. 212-11, R. 212-85, A. 212-176 to A. 212-178 of the Code of Sport.

e. Company reporting formalities

Competent authority

The professional must report his company, and must make a declaration to the ICC.

Supporting documents

The person concerned must provide the supporting documents depending on the nature of its activity.

Timeframe

The ICC's Business Formalities Centre sends a receipt to the professional on the same day mentioning the missing documents on file. If necessary, the professional has a period of fifteen days to complete it. Once the file is complete, the ICC tells the applicant which agencies their file has been forwarded to.

Remedies

The applicant may obtain the return of his file as long as it has not been submitted during the above deadlines.

If the CFE refuses to receive the file, the applicant has an appeal before the administrative court.

Cost

The cost of this declaration depends on the legal form of the company.

For further information: Section 635 of the General Tax Code.

f. If necessary, register the company's statutes

The professional operating a swimming pool or swimming area must, once the company's statutes have been dated and signed, register them with the corporate tax office ( Sie ) if:

• The act involves a particular transaction subject to registration;
• if the very form of the act requires it.

Competent authority

The registration authority is:

• The land advertising service of the location of the building, where the acts involve a contribution of real estate or real estate law;
• IES registration centre for all other cases.

Supporting documents

The professional must submit two copies of the statutes to the EIS.

For further information: Section 635 of the General Tax Code.