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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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Spain's Action Plan
The Current Legal Situation for Private Pools
Water Safety Guidelines for Recreation Service Providers
(includes Private Villa Owners who rent out their property
for Holidays) - adopted by the Spanish Ministry of Health
Drowning Prevention and Limiting Your Liability
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Likely
changes to the legislation for Private Pools
If you have read our
page detailing the current legal position in the
Canaries on pool safety laws for
communal pools,
you will have noticed that
the Canarian Government states that:
'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'.
i.e. The Canarian laws
now in place which state that
safety fencing is required around communal pools to
prevent access to the pool area by unaccompanied
minors will be used as the framework for
pool safety laws for private
pools.
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Spain's Action Plan - Proposals
for Legislation to make Pool Fencing Obligatory for
both Communal and Private Pools
 Click
to see
the Government
document from the Spanish Ministerio de Sanidad y
Politica Social which outlines the action plans for
legislation relating to the prevention of accidents
and the promotion of safety.
The section on child safety begins on page 13 and
the proposals for legislation on drowning prevention
are on page 23 -
PLEASE NOTE
that the first 2 proposals which are highlighted in
red relate to OBLIGATORY pool safety fencing around
both communal and private pools.
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The Current
Legal Situation for Private Swimming Pools
The European Parliament have
already passed advisory laws governing pool safety
products and procedures relating to both public and
private swimming pools.
Currently, these have not yet become enforceable
Directives throughout the whole of Europe - i.e. there
are local Spanish pool safety laws and EU pool safety
directives & guidelines, but as yet, there are no EU
wide laws in place.
However, the fact that Spanish Law
(Article
34, Decreto 212/2005) governing pool fencing around communal pools is now
starting to be enforced throughout the Canary Islands,
along with the Spanish Governments commitment to adopt
the ECSA's Water Safety Guidelines, it is highly likely that
similar laws will soon be put in place with regard to
private pools.
Currently under Spanish law,
if the unthinkable did happen, a child loses his/her
life, you as the owner of the
property would be held liable. A full
investigation would take place to establish the
circumstances surrounding the child’s death and the
percentage of liability you carry.
As a swimming pool owner, it is
your responsibility to provide a safe, healthy
environment for your own family and for people
who come into contact with the pool.
If you rent your property out for
holidays, pool safety is something you cannot afford to
ignore. Pool safety starts the moment your guests come
through the gate.
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Protecting Children and Youths in Water
Recreation: Safety Guidelines for Service Providers
Click
to see the Guidelines produced for service providers (including private villa
and apartment owners who rent out their properties
for holidays) by the European Child Safety Alliance and Eurosafe, with the support of the European Commission
and adopted
by the Spanish Ministry of Health.
Important pages: 10,
13, 39
and 40
In March 2010, a press release from Eurosafe stated
that:
'In Spain a series
of actions targeting drowning
and water are being implemented, including the
adoption of water safety guidelines for recreation
service providers'.
These guidelines include recommendations for
residential and private
swimming pool safety, the first of which is:-
The
best protection is a four sided isolation fence with a
self-closing, self-latching gate. Isolation fencing
means that the pool is surrounded on all sides (rather than
one side being connected to the house). The gate should be
regularly checked and all guests instructed to double check
its proper closure.
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Drowning Prevention & Limiting Your Liability
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If children are likely to visit or live at the
premises, it is essential to
install some type of fence, safety cover or alarm.
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If the Villa is rented out,
warning signs are essential and cost very
little. The signs needed are:
1. Water depth at either end of the pool
2. Spanish Emergency Services Number
3. CPR procedures
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Safety equipment such
as a life buoy with a rope attached or a life hook
is advisable, but not essential. However,
a first aid kit is essential,
along with clear indication as to where it is kept.
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Make sure that users of the pool know how to switch
off the vacuum pumps/circulation system in case of
an emergency.
It is also essential to have near to the pool, or inside
the property near to an exit to the pool, advice
regarding looking after young children when they have
access to the pool area, and an explanation of the
safety devices your property has installed. This, along
with the other stipulated signage, should be
understandable to a wide selection of nationalities.
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Provide your family and/or your
guests with something priceless, but something money
can buy -
Peace of Mind.
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