[Anonymous]

Hi

Our development consists of 17 apartments and has a swimming pool. Currently to get to the pool area you enter through a door in one of the entrance halls. Our pool maintainer says it’s Spanish law that the door to the swiiming pool must be kept locked at all times – in other words you can only enter or leave the pool if you have a key to this door.

During summer the pool man noticed that many people (unsurprisingly) left the door unlocked (although closed) and warned us that this is against the law and we may have to erect another, locked gate, to the swimming pool.

Does anyone know what the (door/gate/entry) law is concerning a pool in an apartment complex of 17 units? I have tried to look at some spanish websites but can only glean that the law is different for communities under and over a given number of apartments, and for villas rented out to third parties.

Any help would be appreciated. Thanks.

[Anonymous]

Hi Dave

as far as I am aware the law merely states that a swimming pool must be fenced off to stop accidental drowning- it doesnt have to be locked. If it is over a certain size (and I dont know what that size is) then a permanent lifeguard has to be present whilst people are swimming and you are not allowed to swim whilst they are not there.

However this sounds more like a community rule than Spanish Law (I amnot a lawyer so perhaps one of the lawyers on here can give better guidance) and it sounds like your maintenance man is being a jobsworth,

Good luck

Vince

[Anonymous]

My last post wasnt entirely correct – apparently the pool fence also needs to have a childproof lock on it

[mariadecastro]

No way that locking a swimming pool is required by Law, rather the contrary as it may be even more dangerous in case of accident.

Regarding regulations for swimmimg pools. The current legislation on hygienic-sanitary, technical and security conditions are just enforceable, in the most of the cases, to public access pools. Pools owned by a community of owners have therefore a broader margin for self-regulation. Therefore, ask the President of the Community of Owners about the measure and if you find it unreasonable, ask for including the topic in the next meeting of the Community of owners.

In terms of excluding the legal requirements established for Public pools, every autonomous community is different. Baleares, Castilla-León, Cataluña y Murcia exclude all and every Community, Madrid exclude those communities with less than 30 neighbours, and Andalucía, Navarra, and País Vasco, Cantabria y Galicia exclude communities with less than 20 houses. In Comunidad Valenciana the law exclude communities of less than 100 people.

Anyhow I could check the specific legislation of the Community where you are but from my precvious experience and knowledge, there are regulations about fences but not about locking the pool.

M.

[Anonymous]

Hi Maria

We are a development in Alcaidesa, Province of Cadiz, not far from you in Algerciras.

Do you know if our swimming pool rules and regulations are those of Andulacia or there are rules pertaining to Cadiz?

Is there a web-site for Cadiz Town Hall?

We were told our pool was too deep to get its licence at 1.4m so the developer may have to alter it. We were also told because it is on or just over 200sq m we would need a lifeguard. We are a development of 36 houses with only 13 houses sold (only 9 in residence) with a further 55 in Phase 2 which will not be finished for another 9-12 months.

However, the pool managed to be passed on the depth but we have to employ a lifeguard. We want to understand the rules and regulations so may be there is someway round this for next season.

We measured the pool this morning, the depth mark has been changed from 1.4m to 1.3 on the side of the pool but the depth is 1.4!! So a quick fix for the developer but a huge annual bill for the lifeguard’s salary for us.

We are trying to get the Sanitation Department to talk to us but it’s difficult.

Many thanks.

Allyson

[mariadecastro]

The regulations on swimmimg-pools are for the entire Andalucia as a whole, not for Cádiz:

Decreto 23/1999, de 23 de febrero, por el que se aprueba el Reglamento Sanitario de las Piscinas de Uso Colectivo. ( Decree 23/1999 on Sanitary Regulations of Pools of Public Use in Andalucia, dated 23th February 1999).

Regarding measures: it is obliged to have a zone under 1,40 m ( provision 4.1.2)

Regarding lifeguard: For pools of between 200 to 500 m2 of water surface, one lifeguard is required. ( provision 25.2.a)

Of course if there is building requirement that hasn´t been met, that´s under the responsability of Developers.

[Anonymous]

Thanks very much for this Maria.

One final question. Our pool has a shower at low level for disabled persons but it has two stepladder style steps. There is no possibility of getting a disabled person into our pool or the elderly or anyone who doesn’t have good mobility.

Does this document mention any requirements which would cover this? It may be another way we could get the developer to alter the pool and thus reduce our surface area.

Kind regards.
Allyson

[mariadecastro]

Of course yes. Provision number 13.

13. Arquitectonic barriers.

Pools for colletive use will meet whatever is stated in the in force regulations about ellimination of arquitectonic barriers.

The Decree which regulates in Andalucia the ellimination of arquitectonic barriers is the Decree 72/1992, of the 5th in May, which sets the technical rules for accesibility and ellimination of architectonic barriers, on planning and transporting.

[Pablo]

Hi Maria

I am interested in your depth of knowledge ( no pun intended ) on this subject.
I am having a pool installed by the developer in my off plan villa.
The plans have been approved and licence granted for a size 10x5m with a deep end at 1.8m for a distance of 1.5m.
As an afterthought my wife who is not a good swimmer asked me if I could have the depth reduced to 1.5m at the deep end so she could always stand up. I thought this was a good idea and it would also save water.
When I asked the developer he said the plans had already been passed, (though the hole has not yet been dug) and anyway it was against the law to have too shallow a depth for diving in!! Neither of us will be doing much high diving, but is he right or is this just a lame excuse?

Thanks
Pablo

[mariadecastro]

Sounds like an excuse. See the application for the pool to see if the characteristics are expressly stated there nad if there is already a license, check that out to see if the granting is linked to what measures. Anyhow, the Decree I have mentioned for previous responses doesn´t apply to one house´s pool. It is for pool of collective use.

[Melosine]

The plans for our 10 x 5 pool showed a level depth of 1.4 and was passed.
So certainly isn’t against the law.

[Author]

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