Life guard in complexes

[AlRe]

Regarding pool license.

In Polis the municipality have startet sending letters to complexes with out license.
The big issue is getting a life guard.

In the area a pool management company provides pool service with life guard. But the life guard is never on duty only a sign with a phone number.

I am wondering if this is an acceptable solution?. People are using the pool " at their one risk".

How is the complex covered in terms of insurance? (liability) if people are using the pool despite no life guard on duty and an accident is happening? who is responsible? ( if no registered committee)


How is the legislation about the use of pools when no life guard is on duty?

Regards
AlRe

[Nigel Howarth]

Hi AlRe

This is how the Cyprus law & regulations relating to swimming pools currently stand:

Cyprus Law N.55(I)/92 paragraph 2 states that the term ‘public swimming pool’ also includes the swimming pools of buildings which are used by the owners of the units or their tenants.

Regulation Number 368/96 paragraph 47 (1) states that all the employees relating to the swimming pool have to obtain a health certificate, to be clean and to behave properly.

Regulation Number 368/96 paragraph 47(2) states that all the trained supervisors will be on duty during the operation and the use of the swimming pool. Their number is determined in accordance with the size of the swimming pool and the number of the persons usually using the swimming pool.

Regulation Number 368/96 paragraph 47 (2)(a)(i) states that for small swimming pools at least one trained supervisor is necessary to be appointed.

Regulation Number 368/96 Part VII paragraph 53 states that a license is needed for the operation of a swimming pool by applying to the relevant authority. The last decision is made by the Minister.

It could be argued that the trained supervisor does not need to be in attendance during the operation & use of the pool, just 'on duty'. (This is a legal point and needs to be clarified by a lawyer.)

As for liability, the law states that jointly-owned buildings MUST have a Management Committee. It's the MC is responsible for insuring, maintaining, repairing and managing the building and although it's not compulsory, the MC should get public liability insurance or face being sued in the event of a serious accident in the pool or elsewhere.

A Management Committee does not need top be registered and someone on your complex must have engaged a pool management company? Do you know if the company has public liability insurance? If not, you'll need to check.

Who collects the communal fees on your development?

(If you don't have a Management Committee, you can approach the Land Registry to establish and operate one on your behalf.)

Regards,

[Nigel Howarth]

Quick update to my earlier post.

I've been reading through Regulation Number 368/96. Paragraph 45.-(1) (b) states:

"την ανελλιπή, σε όλες τις ώρες λειτουργίας της δεξαμενής, παρουσία του προσωπικού εποπτείας των λουσμένων που προβλέπεται εκάστοτε σύμφωνα με τις διατάξεις του Κανονισμού 47·"

Which roughly translates as:

"the uninterrupted, at all hours of operation of the tank, the presence of the staff responsible for the supervision of bathers provided for in accordance with the provisions of Regulation 47;"

This is also stated in paragraph 47.-(1) (2):

"Εκπαιδευμένοι επόπτες και άλλο προσωπικό θα βρίσκονται σε υπηρεσία καθ' όλη τη διάρκεια λειτουργίας της δεξαμενής. Ο αριθμός τους καθορίζεται ανάλογα με το μέγεθος της δεξαμενής και του προβλεπόμενου μέγιστου αριθμού λουσμένων όπως πιο κάτω:"

Which roughly translates as:

"Trained supervisors and other personnel will be on duty throughout the operation of the tank. Their number is determined according to the size of the tank and the expected maximum number of bathers as above below:"

So it appears that the lifeguard must be present while the swimming pool is open for use.

Suggest you take this up with your pool maintenance company.

Regards,

[AlRe]

Hi Nigel

thank you for your answers they are very useful.

We have some owners who has been elected to make agreements on our behalf ( Owners representive Group) We were convinced that they could only be hold responsible if they were legally registred as a MC.
They have on our behalf made an agreement with a company who collects the funds, - a gardener who does the gardens and a pool company who take care of the cleaning of the pool.

We were a bit concerned if it was necessary to replace the pool cleaner we got now, - to this other company ( who provides lifeguard not on duty) just to get a license. As I read your answer, - this procedure is not in accordance with the legislation. One can wonder how this can be accepted from the Municipality? ( the company has provided this service in another complex for at least 8 years).

This other pool company told us that in case of any accident - with them as provider with pool service ( and "no lifeguard on duty") we the complex would be held responsible and our public liability should cover.

If one of the owners ( with a lifeguard certificate ) get appointed to be our lifeguard - and is on site in the pool opening hours , - who has the responsibility then in a case of an accident? ( in the opening hours and when the pool is closed?)

Regard AlRe

[Nigel Howarth]

Hi AlRe

If someone has an accident in your pool or anywhere else in the jointly-owned building, the owners would be held liable. Does this so-called 'Owners representative Group' organised jointly-owned buildings insurance? Does it include public liability cover?

Does the company who collects the funds provide quarterly details of income and expenditure?

As I advised earlier, the law states that jointly-owned buildings MUST have a Management Committee.

This so-called 'Owners representative Group' has no legal standing.

If I were you I'd sell-up and move to a property managed development.

Cheers,