Threat of jail for using swimming pool

As our community has been slow to initiate the programme of work required by the town hall to meet the new regulations  for swimming pools a notice has appeared on our complex  threatening 6 to twelve months jail for anyone using the pool!! I can't believe that this could be legal. The fact that  we are only a small community with less than two dozen apartments, a third of which are unoccupied, and steps within the complex which makes the disabled access requirements to the pool totally unnecessary is another story but with a useless administrator who is taking forever to even begin trying to arrange what is required it means my summer visitors could be facing jail if the children have a splash around in our small pool.  Unbelievable.  Are they going to jail five year olds??   I know we aren't the only community in Mijas Costa who have had these notices.  Has anyone had any luck having the time to arrange the works extended or tested the legality of this threat?

I don't know of anyone being jailed, but there have been community pools closed because they do not meet the standards.    It sounds as though this might be an option with your community - to self close the pool, just in case?

This is my understanding, garnered from my own Community, which is also in Mijas-Costa:

a) Regarding the requirements, apparently, the Mijas Town Hall has laid down higher requirements than those laid down by the State and by the Junta de Andalucía. In particular, they seem to be demanding the inclusion of a platform elevator which can lower wheelchairs into pools (WTF?!?!?!).

My own Community has a pool which is small enough to not require a lifeguard, but Mijas is still insisting on the elevator. At the moment, as far as I know, we are appealing to the Junta regarding Mijas' excessive requirements, who knows what result, if any, we'll get from that!

OTOH, our Community, and many others, seem to be waiting for the 22nd March Junta elections, followed by the May municipal elections, in the hope that, if the ruling parties change, then perhaps the requirements will change.

b) Regarding using the pool...again, I'm no lawyer, so I don't know anything about this "jail time" threat. Our Community has placed a tape around the pool area, but continues to maintain it (cleaning, chlorine treatment, water sampling) as if it's in use. They tell us (the owners), that it can be used but, if there is any accident in the pool, the Community's insurers will NOT take any responsibility in the matter, since the pool is "officially closed". Therefore, you enter the pool or not under your OWN responsibility, in the full knowledge that the pool is supposedly closed, and you will not be covered in the event of a mishap.

We tell our tenants this, and firmly place the responsibility on their shoulders. If they don't wish to take the responsibility on, then they may not enter the pool. I intend to get some sort of Disclaimer/Waiver document drawn up, and to make our tenants sign to the effect that they received this warning and they absolve us (as owners) and our Community of all responsibility.

Anyone up for helping with the drafting of this type of form, which we could then all share?

Am I reading this correctly, they are saying wheelchairs should be lowered into the pool? Then what, does the wheelchair stay in the pool or is it elevated back out when the occupant has been deposited in the water?

Most of the people using our Pool in Los Alcazares would appear very familiar with the inside of a jail...

The disabled hoists I have seen have a fixed plastic chair that swings round and is lowered into the pool It would neither be practical or hygienic to lower an oily wheelchair with a foam seat into the water