Pool Fencing Regulations

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16 Feb 2013 6:36 PM by leoleon Star rating in Estepona. 38 posts Send private message

I'm sure that we are all concerned with the correct procedure to follow in making our pools safer.

The problem is that most of us don't know exactly what is actually required.
The same question asked to 10 different legal experts will provide 10 different answers.
In fact there are those that doubt that it is a legal requirement.
 
Given the present financial difficulties, the least expensive solution would be a strong wire fence.
Every circumstance is a different situation, understandably then it is extremely difficult to generalise.
Some developments may lend themselves to a simple but unobtrusive and effective installation at minimal cost.
Others may not be so lucky. We have a pool in the centre of a large lawned area.
In this case, an inexpensive wire fence would look totally inappropriate.
 
A survey of our owners showed that some did not like it but in the interests of child safety they would accept it.
Other none resident owners, who were mostly absent, thought differently.
They asked, why should we be charged with the responsibility of taking care of unknown visitors children.
This is surely the responsibility of the parents. Near water, parents of young children need to be extra vigilant. 
Abdicating parental responsibility and relying on a community to be responsible for any mishap at the pool is unacceptable in some opinions. 
 
I'm this ruling to fence pools is as much in the interests of generating trade, as it is in caring for kids.
The amount of money generated in Europe because of this ruling must be immense. (Not counting Taxes!)
I wonder what the statistics are for fatal pool accidents of young children, who's parents were not watchful?
This ruling is akin to taking a sledge hammer to crack a nut. Especially if someone else pays for the hammer.
 
Which does beggar the question....
What are the statistics for child fatalities in the SEA?
Shouldn't there be a European ruling preventing children from running happily into the sea?
What about Ayuntamientos being enforced to fence off the sea shore, so that parents can relax their guard when enjoying a day at the beach?
I can foresee that day arriving, as the Politically Correct and Health and Safety Brigades gain more power. 
Or perhaps they are really are set up to generate business and to fuel the economy under a guise.
Destitute and bankrupt Ayuntamientos will hardly be pressed to such nonesense, not when there are still thousands of communities with pools to bleed a little more.
Just a few thoughts.
Cheers
Leo
 
"Don't take life too seriously, it's not permanent!"
 





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17 Feb 2013 6:20 AM by guslopez Star rating in Lorca, Murcia.. 744 posts Send private message

It is no different to a private property completely fenced & gated. If the pool isn't seperately enclosed & the burglar drowns guess whose fault it is ?



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28 Apr 2013 11:20 PM by mac75 Star rating in Valencia. 415 posts Send private message

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 Gus are you sure about that?

 If I was to rent out my property and lets imagine my tenants child drowned in the pool, could I be held responsible under Spanish law? It has been an issue that has always bothered me and I have never had a straight answer. If that is the case why does no body put protection oon or around their pool?



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29 Apr 2013 6:44 AM by guslopez Star rating in Lorca, Murcia.. 744 posts Send private message

" f that is the case why does no body put protection oon or around their pool? "

They do around here. Very few don't bother, even amongst the spaniards. I can't even recall a communal pool that wasn't fenced & gated with keys.



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29 Apr 2013 10:33 AM by mac75 Star rating in Valencia. 415 posts Send private message

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 I was referring more to private pools... not communal pools eventhough in my area there are many communities (mostly older ones 10 years+) that don't have anything.

Does any one know if a landlord could be held responsible (responabilidad civil) if a tenant was to drown in a swimming pool without any safety measure in place? Even though the law doesn't enforce it does it protect the landlord?



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14 Jun 2013 7:36 PM by promedia Star rating in Cheshire/Riviera del.... 134 posts Send private message

Guys

We are in Riviera del Sol - Mijas Costa

The pool surround issue came up at our AGM again this week, in the past we have been unable to afford the fencing....(the alternative argument is we cannot afford not to have it, we know...but times are hard and many 10's of communities in our area are in the same predicament) so we have minuted that the pool remains unadopted by the community and all signs say the swimming pool is used at your own responsibility.

With the increased pressure to create work and fines on the CDS by the town councils, we have now had a look at the plans for our community fencing and have two options on the table, A) to fence off at 1.2mtrs high around the pool edge tiling a 60mtr run of fencing or B)  to fence off the whole pool and garden sunbathing area 120 mtrs of fencing required.

Our predicament is around the pool (60mtrs) we would need stainless steel and self cleaning glass panels initial costs for this are expected to be around 15K euros, or iron fencing that we can train plants up and have ongoing maintenace, but the cost would be just over half the steel cost.

Has anyone gone down these routes already and got any comments or recommendations for us, anyone used a company they can recommend, how much dd your community pay?

Any other advice you can give us as this another major expense for the community and we would like some other communities feedback before making a decision.

Thanks



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14 Jun 2013 7:46 PM by mac75 Star rating in Valencia. 415 posts Send private message

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Have you had a look at an Aqua-net? I found it recently and opted for this solution at my villa, to be on the safe side. Way cheaper than fencing and about as safe as it gets, but what really sold me on it was the fact that it didn't block the view to my pool which was also the worry with the fencing. Worth checking it out. If I remember rightly the web is www.aquanetiberia.com. As far as safety regulations go I believe it ticks all the boxes.

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14 Jun 2013 7:53 PM by promedia Star rating in Cheshire/Riviera del.... 134 posts Send private message

Hi Mac75

thanks for the input, but this system seems perfect for a villa which you can put on and take off yourself, its a little more awkward having to employ someone to come to the community every night at 9pm and 8am to put it on and off.

Its not something i'm sure any of the apartment owners would like to take responsibility for doing everyday as it would restrict their days and evenings out, but i can see how it ticks all the boxes for you as a villa owner.

thanks



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Ian Cook - Golf Gardens Miraflores - The best place to live on the Costa del Sol

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14 Jun 2013 8:07 PM by mac75 Star rating in Valencia. 415 posts Send private message

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I suppose you are right, I thought you might have a "portero" or groundsman who could take responsability for it already in your community. Mine is 10 x 5 and it takes me less than 10min to put it on and less than 5 to take it off. But for a pool your size which sounds like its double the size , it could be a hassle.
Good luck

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A donde el corazón se inclina, el pie camina.




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14 Jun 2013 8:11 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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This may help: 

http://issuu.com/mariadecastro/docs/pool_safety_spain

 

 

 


This message was last edited by mariadecastro on 15/06/2013.

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