Swimming Pools

[bshatttock]

Here is something I have been pondering…...Under the existing Swimming pool law its not allowed to use a pool when no lifeguard is on Duty correct ? But under the Immovable property law the Committee may not restrict owners access to their property correct ? ! So how do the Municipality expect us to Prevent owners from using the pool ?

[Nigel Howarth]

Hi Barry

This is a problem that all Management Committees face; there's no absolute solution.

The best you can do is put up signs advising pool users that those using the pool while no lifeguard is present do so illegally and at their own risk.

The MC should also insure themselves against public liability. See Everything you need to know about the insurance of jointly-owned buildings - pages 8, 9, and 10.

Regards,

[bshatttock]

Thanks Nigel

that being the case we would only need a lifeguard to obtain a license .The Lifeguard would not need to be on duty at all as the sign would absolve owners or the committee of all responsibility. Everyone can use the pool 24 Hours a day 7 days week 52 weeks a year at their own risk. If owners and committees cannot restrict access to an owners property (IPL) They surely cant be held responsible if someone uses a licensed pool as they cannot restrict that persons access to the pool.The only law being broken if at all is by the person using the pool but is that breaking the law ? Do you agree ?

Best
Barry

[Nigel Howarth]

I was trying to help you dissuade people from using the pool when the lifeguard wasn't on duty.

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.

Regards,

[bshatttock]

Thanks Nigel

Yes we are trying to top people using the pool, my reason for asking is to try and ascertain who would be held responsible if people are using a licensed pool (even a gated pool) when the lifeguard is not on duty.We have a gated pool but some owners are still using the pool "after hours" under the motto its my property you cant stop me from using it ! We have a sign with pool opening hours and when no lifeguard is on duty the pool is closed,but thats is surely only information,and we cant stop owners using their property ! We have quite a few owners who work full full time and like to swim vey early in the morning or late evening they pay the communal fees including pool maintenance etc,but we obviously cant have a lifeguard 14 hours per day 7 days a week.Who would be responsble for owners swimming outside of the lifeguard duty hours as we cannot physically prevent this

Regards