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The Law & your Liability; Pool Safety in Properties Rented out for Holidays
Drowning Prevention & Limiting your Liability
Preventative Measures
Safety Recommendations when Booking a Holiday
Summary
 

THE LAW & YOUR LIABILITY; POOL SAFETY IN PROPERTIES RENTED FOR HOLIDAYS

France has the world's highest rate of infant death by drowning in swimming pools and on 19 December 2002, the French parliament passed the “Raffarin Law” imposing the use of security systems around swimming pools.

This law states that all pool owners must ensure that they are using at least one of the approved safety devices. Any safety equipment used must comply with the French standards association AFNOR. You can choose between one of the four following safety systems:-

• Enclosures/Fences 

• Reinforced pool covers 

• Drowning alarms 

• Pool shelters 

All of these measures provide an effective layer of protection – the key to preventing a tragedy.

The European Parliament have already passed advisory laws governing pool safety products and procedures relating to both public and private swimming pools.
However, 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. but the fact that Spanish Law governing pool fencing around communal pools is now starting to be enforced, it is highly likely that similar laws will soon be put in place with regard to private pools.

Swimming pool regulations are changing rapidly in Spain. They focus on the use of community or public pools, but there are legal and moral issues surrounding private pools too. The likelihood is that the recent regional changes (which are in line with the French Laws) will eventually become enforceable by law throughout all Spanish provinces, including the Canary Islands.

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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Drowning Prevention & Limiting Your Liability

• If children are likely to visit or live at the premises, it is essential to install some type of fence, safety cover or alarm.

• 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

• 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.

• 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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Preventative Measures

You can help to prevent the tragic lost of life by taking the necessary step and erecting a fence or protective barrier around your swimming pool. The additional cost is worth the price of a human life.

The fence, preferably a purpose designed safety fence, should be installed in a way that prevents access to the pool from anywhere within the house or garden. 

It should be a minimum of 1.2m high and should have a self-closing and lockable gate for maximum protection. The latch should be high enough to be out of the reach of small children.

Finally, form safe habits in your family when it comes to locking doors and gates leading to swimming pool areas and never, ever propping one of these access points open – not even for a few seconds.

All water activities should be placed behind your swimming pool safety fence. Spas, Jacuzzis, wading pools and buckets are best kept out of harm's way.

Unfortunately, many pools are not fenced, not because of expense, but because the pool owners find fences unattractive. The necessity of swimming pool fencing doesn't mean that the attractiveness of your swimming pool will be hindered. If installed correctly, swimming pool fencing can actually enhance the way your swimming pool looks, as well as the beauty of your garden landscaping.

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Safety Recommendations when booking a holiday

RoSPA recommends the following when booking your holiday abroad:-

Holiday villas - If you book a private property – you will have to be the lifeguard. A number of holiday pool drownings have occurred in villas during the evening (or early morning) where the child has gone outside without their parent’s knowledge and ended up in the pool. It is impossible to be awake and supervise all the time. Check to see if your villa has safety barriers (permanent or otherwise) that will stop young children from getting into the pool without your help.

• Be cautious about booking villas that do not have safety fencing

• Actively supervise all young children near water

• Choose pools that are fenced with locking gates

First & last day - A significant number of the holiday pool drownings are reported to happen on the first or the last day of the holiday. RoSPA believes that parents may be less vigilant because of distractions surrounding arrival at the holiday destination and packing up to go home. Children will be keen to explore at this time and may easily slip away.

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Summary

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. Be vigilant for everyone's sake.

Pool safety is not only a summertime concern but rather a year-round responsibility of the homeowner.

It's never safe to assume that kids will not be injured in your pool. No one should ever swim alone, but especially not children. 

Pool safety starts the moment your guests come through the gate.

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