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[Pool Safety Laws] [European Pool Safety Laws] [Communal Pools - the Law] [Piscinas Comunitarias - la Ley] [Private Pools - The Law]
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With regard to the Canarian legislation detailed in the
page below, we sought the legal opinion of a partner in
a prominent Fuerteventura law firm. Here are the
conclusions:-
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If
the complex is classed as touristic, the pool
MUST
have a lifeguard present during the pool opening
hours.
-
In
the case of a hotel, when the lifeguard is off duty,
it is generally assumed that there is sufficient
security (e.g. CCTV, staff etc) for a safety fence
to be unnecessary.
-
If
a hotel is not deemed to have sufficient security
outside of the pool opening hours, then the
pool
should be fenced off.
-
In
the case of a complex where unlicensed touristic
activities take place, even if a lifeguard is
employed during the day, there should be a safety
fence in place to protect minors during the hours
which the pool is closed.
-
If
a complex is residential only, or has less than 40
dwellings, then a lifeguard is not legally required,
but a safety fence IS a legal requirement.
-
If
an accident was to happen in a communal pool which
had no protection in place, the legal penalties for
the community would be extremely harsh. For a minor
infraction, the fines are between 3,000 and 30,000
Euros and for a major infraction, the fines are
between 30,000 and 300,000 Euros.
-
In
the event of an inspection by a Government office
(e.g. the Guardia Civil or the local Health & Safety
Department), perhaps followed by or a prosecution
for non-compliance or as the result of an accident,
then although you may be complying with the letter
of the law, the chances are that this will not be
enough.
For
example, your community decides to employ a lifeguard
between the hours of 10:00 and 17:00 and you have signs
clearly stating that the pool should not be used outside
of these hours. A child falls in the pool at 18:00 and
the community is taken to court - the legal opinion is
that because the law is there to protect children, then
if your pool was not surrounded by a fence with a
lockable gate, it would be no defence to have had a
lifeguard on duty earlier in the day and the relevant
signage in place.
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The following information has been
translated from the official Spanish Decree 212/2005 and
relates to the current Canarian legislation with regard
to swimming pools.
 Click to download complete Decreto 212/2005
Please note
that this information is a summary of the pertinent
points. Please visit
Boletin Oficial de Canarias - Approved Health
Regulations for communal pools in the Canary Islands for
more information (in Spanish)
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Important Articles
within the Current Pool Safety Legislation in The Canary
Islands:-
Lifeguards & Safety
Fence Requirements
Exceptions to the Law
Showers
Floats &
Lifesaving Equipment
Changing
Rooms & Toilets
The Storage
of Chemicals
The
Classification of different types of Pools
The Area
Surrounding Your Pool
Steps & Ramps
Responsibility -
Who is Responsible by Law?
Pool Rules & the Signs Required by Law
Enforcement of the Legislation
SUMMARY |
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BOC No. 236. Thursday December 1 from 2005 - 1636
I.
GENERAL PROVISIONS - Ministry of Health
1636 - Decree 212/2005, of November 15, approved by
the health regulations for collective use pools of the
Canary Islands.
SUMMARY
The legislation included in Decree 212/2005 may be
summarised as follows:-
1.
Local
Administration has increased powers to monitor and
inspect the sanitary & hygiene conditions and the
security of swimming pools.
2.
Management of the regulations requires that the
liability to comply is with the owner(s) of the swimming
pool.
3.
The
regulations will also be used as a framework for those
pools which are currently exempt from it’s scope and
will provide a guideline for the requirements that are
considered to be desirable.
4.
Communal pools must be included in the Register for
Collective Use Swimming Pools in the Canary Islands.
5.
The legislation will enable the Ministry responsible for
Health to develop & implement this decree as it sees fit
on the basis of advances as and when they occur, with
the purpose of ensuring water quality & improving
sanitary conditions and security.
There are 45 Articles included in the legislation. The
articles pertaining to pool safety and security have
been summarized as follows:-
Back to top
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Article 34 –
Lifeguards and
Safety Fence Legal Requirements.
·
Communal pools should have a lifeguard present
during the pool’s opening hours
·
If the pool has different levels, there should be
enough lifeguards to allow all areas of the pool to
be visible
·
Communal pools are exempt from this requirement if
they are:-
1. located in a non-tourist
residential area
2. located in a complex with less
than 40 dwelling units
·
Tourist establishments and complexes are not exempt
from this obligation and tour operators must comply
and take responsibility for any breach under Article
44
*** In all cases where the pool is exempt from the
obligation to have a lifeguard, the pool must be
protected by a lockable fence to ensure that it is
not accessible by unaccompanied minors.
The legal
minimum height requirement for safety fencing around
Communal Swimming Pools is 1.2m
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Article 3 - Scope
The regulations apply to all communal pools except the
following:-
-
Pools for single family use only
-
Hot spring pools
-
Natural pools
-
Hydro rehabilitation pools
-
Pool areas with more than one type of pool must comply
with the specific regulations applicable to each of
them.
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Article 6 – Showers
-
Around the pool there should be the equivalent of 1
shower for every 30 users and there should be no
less than 2 showers
-
The water in the showers should be fit for human
consumption
-
The design of the showers should prevent the
formation of puddles and the passage of water into
the swimming pool
-
The showers should be clean & in a good state of repair
and should be treated at least once a year with a full
cleaning, descaling and disinfection operation
-
The showers must drain directly into the sewerage
system
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Article 7 – Floats & Lifesavers
-
There should be at least one lifeguard float next to
each pool area (except for those classified as
children’s or ‘splash’)
-
They should be
visible & accessible and must be equipped with a
cord long enough to allow the float to reach any
point within the pool
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Article 9 – Changing Rooms &
Toilets
-
Every pool should have separate changing rooms & toilet
facilities for each sex.
-
They should have good ventilation and always be clean
and in a good state of repair.
-
They should have hot & cold water fit for human
consumption and should also have toilet paper, soap
dispensers and towels or hand dryers.
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Article 15 – Classification of
Pools
-
Children’s pools or ‘splash’ pools are intended for
users under the age of six years.
-
They must be independent other pools in terms of both
structure and the system of treatment & disinfection.
-
Their location will be such that children cannot
inadvertently access other pools. They should be no
deeper than 0.4m
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Article 19 – Surrounding Area
-
The area surrounding the pool is considered a ‘bare
feet’ zone and as such, the surface should be continuous
and of a slip resistant & waterproof material to allow
proper cleaning & maintenance.
-
It’s design should prevent the formation of puddles and
the flow of water back into the pool.
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Article 32 – Responsibility
-
The owner of the pool is responsible for the operation,
maintenance & monitoring of the health & safety of the
pool and also for the compliance with the provisions of
these regulations.
-
Their name will be entered in the Register for
Collective Use Pools of the Canary Islands.
-
The existence of external support services does not
relieve the owner of the pool facility from it’s
responsibilities.
B
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Article 36 –
Terms of Use (Pool Rules) and
Required Signage
All communal pools should have signs displaying the Pool
Rules. They should include the following as a minimum:-
-
Children under the age of 6 years must be
accompanied by an adult.
-
Users must shower before swimming.
-
Users must not enter the bathing area wearing
‘street’ clothes or shoes.
-
Users must not drop litter – they should use the
waste bins provided.
-
Pets, other than guide dogs, are prohibited from
being in the pool area.
-
The capacity & operating hours of the pool.
-
The use of glass drinking vessels around the pool is
prohibited.
Other signs which should be displayed in prominent
positions include:-
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Water depth signs at both ends of the pool and
intermittently, depending on the length of the pool.
-
A warning that suction from the pool filters can be
dangerous.
-
First aid and directions to it.
-
Cardiopulmonary Resuscitation (CPR)
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Toilets and directions to them.
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The Spanish Emergency Services number.
-
For those pools which are not required to have a
lifeguard, there should be a sign warning users of
this fact.
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Article 45 – Enforcement of
Legislation
-
Swimming pools which do not conform with the regulations
may have operation suspended until such time as the
required repairs/alterations are made.
-
The preventative temporary closure agreement will be
adopted by the authority of the Canary Islands Health
Service and reported to the person concerned and the
relevant municipal authority.
Back to top
Further Information
This is a very brief rundown of the laws regarding
Community or Communal pools in the Canary Islands. These
laws are continuously changing and updating. For further
information contact your local authority.
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