Under 16s, pools and Andalucia

 I know this has sort of been covered before, but for different areas of Spain. 

While at our urb last week, a notice has been placed on the entrance to the indoor swimming pool. It reads "Children under the age of 16 must be accompanied by an adult. An under 16s found alone will be reported to social services".

A bit harsh I feel and I wonder if it is law in the Andalucia/ Almeria province, or if the President has taken it upon herself to make this rule. Looking through the AGM minutes, I can find no mention of it either. As I have placed on our community forum, this could potentially lead to a problem is one day my Son goes swimming and is reported as being under 16, next day is his birthday and is 16. So, one day irresponsible, next responsible!!

I know that there must be some sort of rules, but surely consultation of the owners should be made? I am just wondering about the legality of the ruling, considering the urb has been inhabited for 6 years and this has only appeared since at least October last year.

Thanks for any legal insight to this question.

Mark

 16 seems a bit high.  Our pool has the rule saying under 8 must be accompanied by a responsible adult over 16 and the responsible person must be in the water at the same time.

There are many sites which refer to "unaccompanied minors" in Spain but I haven't found one that says what age that should be.  There are some hotel ones which also state under 8 to be accompanied and a couple of UK swimming pool complexes that also say under 8.

 Thanks Bob. I thought 16 was a bit high and the social services reference was really out of order. Just hoping one of the resident lawyers may see this and be able to make a comment on its legality (and the fact it has been decided purely by the president).

Mark

I think when I was president of our community we set the age as 12 and under to be accompanied by parents.

To be honest, the real reason that they have probably put 16 in place, and the social services threat, is to protect the community should anything happen to a child/ teenager in the pool.

At the end of the day it is the president that is liable should anything go wrong so the sign is there shoud anything happend the president can point to the sign and say "it's not my fault".

16 is too high though!

Justin

 So the President can just do this off their own back then? No need to put it to the community? Won't really affectme as next time my Son goes out he will be 16, but I know of a few residents whose children are cmpetent swimmers and use the pool on a regular basis, it will be difficult for them.

Mark

16 does seem rather high - especially as in Spain you are able to get married at 14 years old!!!!!!

sounds like someone just wants a quiet swim as with parents there children tend to be abit more aware of others and if they are not the parents usually tell them to calm down

No one under 14 is allowed in our pool gardens without an adult (our community insurance states this, they're not to be given the pool gardens keys either) though it's abused regularly. I've even seen kids around 10 with much younger siblings there alone in the pool after their mum, who had been there, had left them & gone back to their villa, never to be seen again. The kids have obviously been prepped on what to say if asked about their ages as, when I asked the older one her age, she said 14. It was obvious she was years away from 14. I calmly told them that it is dangerous not to have their mum there in case they got into difficulties. I've pointed out our rules which are there for all to read & they left. How can parents care if they do this, talk about irresponsible.

When in Spain has a notice ever made a bit of difference?

At the end of the day it's down to each parent to decide unless you are going to place guards on each entrance gate or house to make sure children do not come out to play.

This was covered last summer and everyone has their own view.

 It was covered last year I know, but for a different area of the Country. As Maria also said that different provinces have different rules, I asked about the province of Andalucia. I realise eveyone has a view, but I also did ask if it was a legal requirement which has been put into effect as a legality, or if it was just something the President has decided.

From the answers given, it would seem there are no legal grounds for banning under 16s without an adult being present, so will wait to see what happens with some of our more "loud" residents a bit later in the year. Could be interesting!

Mark

 http://www.eyeonspain.com/spain-magazine/pool-legals.aspx

 Thank you Maria. I looked at your link, but all the Autonomous Community links default to a Telepiscina page . I assume the information was there originally, but they have now removed it for marketing purposes.

Mark

 Andalucia information is at the end of the boxes.

Here too:

 Andalucía:

*Decree 23/1999 de 23 febrero 1999 Decreto 23/1999, de 23 de febrero, por el que se aprueba el Reglamento Sanitario de las Piscinas de Uso Colectivo. de 23 de febrero, on sanitary regulations for collective use pools.

*Resolution dated on the 17 June 2003, of the General Management of Public Health and Participation, for the updating of the parameters of the Annexe I of Decree 23/1999 de 23 febrero 1999 Decreto 23/1999, de 23 de febrero, por el que se aprueba el Reglamento Sanitario de las Piscinas de Uso Colectivo. de 23 de febrero, on sanitary regulations for collective use of pools. (BOJA nº 127 de 4-7-03)
 

 Thank you Maria, much appreciated .

Mark

An interesting dilemma this one:

It seems that every different community has different rules when it comes to the use of pools.

However, I seem to remember that community rules (statutes) as defined and duly voted on during an AGM or EGM outweigh that of the law in Andalucia, providing it doesn't contravene the law in Andalucia.

E.g. What time the pool opens and closes

This also applies to the minimum legal age that a child may enter the pool area unattended!

The law seems to state that the minimum age a child is permitted to use a pool without individual adult accompaniment is over 6 years of age, however the community can vote and have it changed to 16 if they so wish, as this doesn't contravene the minimum legal age as described in Andalucian Law.

FYI:

Children''s pools are intended solely for the use of those that are aged 6 or under, and children must be attended by adults. Also these children's pools must be totally independent in such a way that they cannot gain access to other pools.

How many children's pools in Spain are in the same enclosure at the main pool?

 However, I seem to remember that community rules (statutes) as defined and duly voted on during an AGM or EGM outweigh that of the law in Andalucia, providing it doesn't contravene the law in Andalucia.

Thanks Techno, this is the problem. It has not been voted on and I can see no reference to it in the minutes of the latest AGM, it certainly wasn't discussed last year.

Mark

Is this the same for Private Villa renatls pools? are they supposed to be fenced off. Is there a necesity tyo provide life saving equipemt at a private pool etc?