Polynésie française : réglementation plongée

Judgment of January 31, 2019

The administrative court decided, in a judgment read at the hearing of January 31, 2019, to sanction by annulment the annexes II, III and XI of the implementing decree (n ° 199 CM of February 15, 2018).

Extracts from decision n ° 1800136 - FEDERATION POLYNESIENNE D'ETUDES ET DE SPORTS UNSEAINS and others v / French Polynesia

Article 1: Annexes II and III of decree n ° 199 CM of February 15, 2018 are canceled insofar as they do not designate the "PADI, SSI and SDI certificates" admitted under the minimum qualifications of the dive guide in exploration dive and teacher.

Article 2: Annex XI of decree n ° 199 CM of February 15, 2018 is canceled insofar as it does not limit the number of first-dive divers per supervisor.

Read the full decision

The amendment was published on August 8, 2019 (decree n ° 1613 CM).

Source : Order n ° 199 CM of February 15, 2018 on implementing measures for the country's law n ° 2017-44 of December 28, 2017 relating to the exercise of recreational underwater diving.
NOR: SJS1820214AC-1

Order n ° 1614 CM of August 8, 2019 fixing the list of diplomas granting the right to teaching, supervision and animation against remuneration for physical and sporting activities
(NOR: SJS1921712AC-1)

http://lexpol.cloud.pf/LexpolAfficheTexte.php?texte=539229

In diving, can teach for remuneration in French Polynesia (under certain conditions to be read in the text), holders of one of the following diplomas or certificates:

BEES diving;
BPJEPS diving;
DE (S) JEPS diving;
Polynesian professional certificate as a guide for outdoor physical activities (BPP GAPPN), mention “underwater diving”

The establishment must display or make available to the public:

the receipt ofdeclarationoperating a physical and sports activities establishment issued by the sports department of French Polynesia;
insurance certificatein civil liability covering the establishment, its legal representatives, its agents, its members or clients;
thetitles, diplomas and certificatesmaking it possible to supervise or teach within the establishment in accordance with appendices II and III of this decree;
thebusiness cardsattesting to the qualification and the aptitude of the persons practicing the diving for remuneration;
thedevelopment conditionsscuba diving defined in appendices X and XI, and, if the establishment organizes diving with mixtures other than air, the conditions for diving with mixtures other than air defined in appendices XII to XV;
aemergency organization tablewith the telephone numbers of people and organizations likely to intervene in an emergency.

0 to 6 meters;
0 to 12 meters;
0 to 20 meters;
0 to 30 meters;
0 to 40 meters;
0 to 50 meters;
0 to 70 meters;
0 to 80 meters;
0 to 100 meters;
0 to 120 meters.

Air diving:50 m(50 to 60 m area possible for training if the standards of the certification body so require).
Nitrox diving: according to oxygen content.
Trimix or heliox: according to certification agency without being able to exceed 120 m.
Other cases: The oxygen and nitrogen content of the mixture determines the evolution space.

In a for-profit establishment, this diving director holds a diploma registered on an approval list defined by an order taken in the Council of Ministers.

Open aquatic area (EAO): Natural or artificial environment presenting depth conditions greater than 6 meters.

DP up to 40 m (DP-40)

N5 FFESSM
N5 FSGT
BPP GAPPN Diving
CS “diving director of BPP GAPPN Plongée
BEES1 Diving
DEJEPS Diving

For nitrox diving, the dive director must also justify PN or PN-C skills.

DP up to 60 m (DP-60)

MF1 FFESSM
MF1 FSGT
BEES1 Diving
DEJEPS Diving

DP up to 70 m (DP-70)

MF1 FFESSM + PTH-70
MF1 FSGT + PTH 70
BEES1 Dive + PTH 70
LUNCH Diving + PTH 70

DP up to 100 m (DP-100)

MF2 FFESSM + PTH 100
MF2 FSGT + PTH 100
BEES2 Diving + PTH 100
DEJEPS Diving + PTH 100 (if mention "underwater diving activities" must justify the additional certificate "deep diving and tutoring")
DESJEPS Diving + PTH 100

DP up to 120 m (DP-120)

MF2 FFESSM + PTH 120 FFESSM or FSGT
MF2 FSGT + PTH 120 FFESSM or FSGT
BEES2 Diving + PTH 120 FFESSM or FSGT
DEJEPS Plongée + PTH 120 FFESSM or FSGT (if mention "underwater diving activities" must justify the additional certificate "deep diving and tutoring")
DESJEPS Plongée + PTH 120 FFESSM or FSGT

Restricted aquatic area (EAR): Swimming pool whose depth does not exceed 6 meters, or protected natural environment presenting similar conditions in terms of clarity, calm and depth.

When the dive takes place in a restricted aquatic space, the diving director is at least a teacher at 6 meters (ENS-06) mentioned in appendix III.

In this restricted aquatic space, for organizations offering dives with hookahs, with a diver's helmet or any other means of breathing underwater apart from scuba diving, the diving director holds at least the mention “underwater diving ”Of the Polynesian professional certificate for outdoor physical activities guide (BPP GAPPN), mentioned in appendix 1.

After having received appropriate training, this diving director can work independently.

The development conditions are specified in appendix XI.

The dive director sets the characteristics of the dive and establishes a dive sheet.

The diving director establishes a dive sheet, a model of which is given in appendix XX. This sheet includes at least the names, first names, skills of the divers and their function in the group as well as the various parameters planned and carried out relating to diving.

Each establishment is free to use its own sheet: it must then include the names, first names, aptitudes of the divers, their function in the group, the parameters planned and carried out relating to the dive.

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art. 9.

A surface supervisor is present on board the dive support vessel throughout the duration of the dive:

for any night dive;
for any drift dive;
for any diving in the passes;
for any dive with a rebreather;
for any dive beyond a depth of 40 meters;
for any trimix or heliox dive.

Apart from the cases mentioned above, surface surveillance is left to the discretion and under the full responsibility of the diving director.

The surface supervisor holds the driving title corresponding to the operation of the vessel and its type, capable of piloting the diving support.

He is ready to intervene on the instruction of the diving director.

In addition, he is trained to give warning and first aid in case of emergency.

The qualification of the dive guide is specified:

in Annex II for exploration dives
in appendix III for training dives.

Note: In the French sport code, this corresponds to the TEACHER GUIDANCE which can be either PALANQUEE GUIDE (exploration) or TEACHER (training).

For dives with mixtures, it also justifies aptitudes corresponding to the mixtures used in accordance with Annexes V and VI.

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art. 10

The diving support vessel is equipped with lights and markings in accordance with the regulations in force.

In the case of a dive carried out from the bank, a means of lighting materializes the launching point.

Each diver is equipped, in addition to the equipment defined in article 20, with an individual means of lighting.

Each team has, in addition to the equipment defined in article 20, an additional light source.

art. 11

In the event of drift diving, the diving support vessel remains permanently in the diving area, and follows the progress of the divers.

Art. 12

A medical certificate of no contraindication to the practice of underwater diving is required in the following cases:

people with a history or medical problems likely to present contraindications to the practice of diving;
divers having had a de-saturation accident or having carried out one or more sessions in a hyperbaric chamber following a diving incident or accident.

Apart from the cases mentioned above, the absence of a medical contraindication to the practice of diving is verified by signing a certificate on the honor of the diver or the legal guardian, as specified in appendix XVII.

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Article 13

(…) People preparing for supervisory levels and people exposed to hyperbaric risk supervising diving activities, in particular dive guides and dive directors, are required to carry out reinforced medical surveillance at least every day. 12 months.

For employees and for any person who employs said employees, annual medical surveillance is carried out by the occupational physician in accordance with the French Polynesian Labor Code.

For non-employees (individual entrepreneurs or volunteers), it is carried out by a federal scuba diving doctor or holder of one of the following diplomas:

of scuba diving medicine;
hyperbaric medicine;
underwater and hyperbaric diving medicine;
of sports medicine.

The doctor carries out reinforced medical surveillance with reference to appendix XVI of this decree.

In the islands where none of its specializations are accessible, a general practitioner can establish the certificate.

The annual medical certificate is kept at the disposal of the agents and officials of the service in charge of sports, and of the officers and agents of the judicial police.

Article 5

The number of dives mentioned (…) is determined under the full responsibility of the diving director and the diving instructor.

However, this number may not exceed the following limits:

when the space of evolution is beyond 9 meters, the underwater diving with air or nitrox is limited to three dives daily;
when the development area is less than or equal to 70 meters, underwater diving with a trimix or heliox is limited to two daily dives with a maximum equivalent depth of 100 meters;
when the area of movement is greater than 70 meters, underwater diving with a trimix or heliox is limited to one daily dive.

Article 5

The daily duration of the dives (…) is determined under the full and entire responsibility of the operator, the diving director and the diving instructor, in such a way that it does not endanger the life of others.

This daily duration may not, however, exceed six hours spread over one or more dives.

The decompression time in water is counted in the evaluation of the duration of the stay in immersion.

Article 6

The technical skills of divers (…) are specified in Annex IV (air diving), Annex V (nitrox diving) and Annex VI (trimix or heliox diving).

The diver holding a certificate mentioned in Annexes VII to IX justifies the corresponding aptitudes, defined as follows:

air-framed diving skills: PE;
the aptitudes to dive in air autonomy: PA;
the ability to dive using a nitrox: PN mixture;
the ability to dive using a trimix or heliox: PTH mixture.

In the space of 0 to 40 meters, to justify aptitudes PE-12 to PE-40 and aptitudes to dive with nitrox, people with disabilities can benefit from appropriate assistance in supervision or equipment to progress in framed group.

aptitudes

(…) Practitioners have a written emergency plan available to them at the practice site.

Article 14

This last :

is drawn up by the operator of the diving establishment or his duly authorized representative;
is adapted to the place and to the diving practiced;
is regularly updated and brought to the attention of the diving director, the people supervising the groups and the divers in autonomy;
specifies in particular the alert procedures in the event of an accident, the contact details of the emergency services and the emergency procedures to be applied to the victim after leaving the water.

Article 15

Any anomaly observed during or at the end of a dive must be considered as a diving accident.

(…) Practitioners have the following emergency equipment at their disposal on the practice site:

a means of communication making it possible to notify the emergency services. VHF radiotelephone equipment is necessary when the diving takes place at sea from a diving support boat, and when the VHF network, coordinated by the rescue services, is installed on the island or atoll in question;
a first aid kit consisting of a compression bandage, a local antiseptic, compresses, adhesive bandages of different sizes, a Velpeau-type band, pairs of disposable gloves and non-effervescent powdered aspirin;
fresh drinking water,at leastone liter ;
a one-way valve self-filling balloon (BAVU) with oxygen reserve bag and two masks (one child model and one adult model); a high concentration mask; a set of normobaric medical oxygen therapy of sufficient capacity to allow, in the event of an accident, treatment adapted to the situation until the accident is handed over to medical emergency services, with pressure regulator, liter flow and hose connection to the self-filling balloon with one-way valve (BAVU) or to the high concentration mask;
the oxygen capacity may in no case be less than a reserve of at least 600 liters relaxed at a pressure of one bar;
it must allow medical assistance to be taken care of or a new source of oxygen to be reached under 15 liters / minute;
an isothermal blanket;
observation sheets according to a standard model appearing in Annex XVIII.

In the event of an accident requiring medical treatment, the establishment informs, within 48 hours, the youth and sports department and sends it the observation sheet appearing in appendix XVIII and the accident declaration form for diving listed in Annex XIX.

extrait

Article 16

(…) Practitioners have the following assistance material at their disposal on the practice site:

in the event of scuba diving, an emergency cylinder dedicated to this function, fitted with at least two mouthpieces allowing immersion breathing;
in the event of diving carried out with a breathing mixture other than air, one or more emergency cylinders fitted with regulators, the content of which provided for in the emergency plan is suitable for organized diving;
the spare cylinders are dedicated to this use, ready to be used, and have a capacity and pressure adapted to the dive performed;
a means of reminding divers in immersion from the surface, when the diving takes place in an open aquatic space (EAO), from a boat.

When the dive takes place at a depth of less than 10 meters, the presence of the emergency cylinder is left to the discretion of the dive director.

Article 17

Rescue and assistance equipment is checked and, if necessary, maintained,at least every three months.

Particular attention is paid to the condition of the oxygen therapy equipment, masks and connection pipes, and the proper functioning of the oxygen therapy unit.

Amaintenance logemergency equipment is kept up to date.

It must be presented during any control and kept at the disposal of the agents and officials of the service in charge of sports, and of the officers and agents of the judicial police.

Article 18

(…) The filling stations (compressors) and buffer cylinders used for filling diving cylinders are located:

either in a room separate from that accessible to divers who are not part of the staff;
either in the same room, but in this case a device indicates the prohibition of access to non-supervisors.

Are displayed in the immediate vicinity of the station:

instructions for use;
a safety notice;
a maintenance manual;
a list of people trained and authorized by the operator to use the station.

(…) Pressure equipment (buffer cylinders and diving cylinders) are requalified in accordance with the regulations in force.

Periodic inspection is carried out:

either by a verification body designated by decree taken in the Council of Ministers;
or by a person holding a qualification determined by decree taken in the Council of Ministers.

Under the responsibility of the operator, the periodic inspection can also be carried out by a competent person designated for this purpose, able to recognize the faults likely to be encountered and to assess their seriousness.

In particular, the certificates or titles of technician in visual inspection (TIV) issued by the FFESSM, the FSGT or a recognized diving organization attest to this competence.

CHARACTERISTICS (Article 20)

The technical characteristics of the divers equipment (…) are mentioned below.

Each cylinder or set of cylinders of the same breathing gas is fitted with a pressure gauge or equivalent system making it possible to indicate the pressure during the dive.

Each diver is equipped with:

an inflatable system by means of compressed gas allowing it to regain the surface and to stay there;
diving equipment to supply breathing gas to a team member without sharing a mouthpiece.

In an open aquatic area (EAO):

each diver supervised beyond 20 meters, each diver in autonomy, each supervisor is equipped with equipment allowing to control the personal characteristics of his dive and his ascent;
each group has at least one signaling parachute.

MAINTENANCE (Article 21)

Without prejudice to the other applicable regulations in this area, and under the responsibility of the operator, the divers' equipment (…) is checked and maintained in accordance with the recommendations of the manufacturers.

However, the maximum time between two servicing or maintenance operations cannot exceed two years.

Service or maintenance operations are noted on a recording system that cannot be erased and allows immediate control.

This diving equipment maintenance register must be presented during any inspection and kept at the disposal of the agents and officials of the service responsible for sports, and of the officers and agents of the judicial police.

The regulators and inflators of vests are subject to maintenance carried out by a person holding a technical qualification assigned by the manufacturer of the equipment.

The snorkels and regulators made available to divers by the establishments are disinfected and rinsed before each dive in the event of a change of user.

Article 22

The conditions for the evolution of scuba diving are specified in appendices X and XI.

annexe-X-XI

Article 25

The first dive of a diver is a training dive.

It is commonly called “baptism of diving”.

This first dive can be the first dive - training, leading to certification. Under the direct responsibility of a holder of the “underwater diving” qualification of the Polynesian professional certificate of outdoor physical activities guide (BPP GAPPN) or at least a teacher at 6 meters (ENS-06) as mentioned in Schedule III, the depth may not exceed 6 meters.

Article 28

The conditions for the development of diving with oxygen and mixtures other than air are specified in appendices XII to XV.

Annexes-XII-XV

Art. 29.- The value of the minimum partial pressure of oxygen inspired by the diver is limited to 160 hectopascals (0.16 bar).
The value of the maximum partial pressure of oxygen inspired by the submerged diver is limited to 1600 hectopascals (1.6 bar).

Art. 30. - With nitrox, the value of the maximum partial pressure of nitrogen inspired by the submerged diver is limited to 5,000 hectopascals (5 bar).

Art. 31.- With trimix and heliox, given the great depths accessible, the submerged diver must have increased vigilance in relation to dives with air or nitrox: the value of the maximum partial pressure of nitrogen inspired by the submerged diver is thus limited to 4000 hectopascals (4 bar).

Art. 32. - The bottles are identified according to the gases contained. The manufacturer or distributor of a breathing mixture other than air shall indicate on each cylinder and in the establishment register the following information:

the composition of the gas mixture produced or distributed;
the date of the analysis;
the name of the manufacturer or distributor.

Before the dive, the end user completes this information on each cylinder and on the establishment's register with the following:

the pressure of the gas mixture in the cylinder;
the composition of the mixture analyzed (percentage of oxygen and, where appropriate, the percentage of helium);
the maximum depth of use of the mixture;
the date of the analysis;
his name or initials.

Art. 33.- When diving is carried out with rebreathers, they are subject to qualifying training by a recognized certification body.

After having followed this qualifying training adapted to the rebreather considered, the user of a re-cycler can gain access to the prerogatives of depth and autonomy if he can justify skills corresponding to the development space and to the gas mixtures used, such as: as specified in Annexes V, VI, XII, XIII, XIV and XV.

Art. 34.- When diving with a rebreather, divers must have access to an open-circuit emergency breathing system delivering one or more breathable mixtures allowing safe return to the surface. In an open aquatic area (EAO), when the person supervising the group uses a rebreather, the emergency breathing system must be independent of the rebreather.

Law of the country n ° 2017-44

Order n ° 199 CM

Decision n ° 1800136

Order n ° 1613 CM

© Extract fromPleasure Diving booksby Alain Foret at Editions GAP.
Any reproduction prohibited on any medium whatsoever without the written consent of the publisher and the author.

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Polynésie française : réglementation plongée

CHARACTERISTICS (Article 20)

MAINTENANCE (Article 21)

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