- Oct 17, 2016
Hello. I was recently appointed president of the community where I live.Now I have the following question. We have an outside pool small enough to avoid that according to the law we should have a life guard.We also have an inside pool also small enough to have a life guard.however ,they can be used in the same time in the summer . (in the summer outside pool is open and inside pool also,although not heated) So my question is : what exactly does the law says about this and who is responsable should anything happen.
Administrator: Juan López
Good morning. This issue makes reference to art. 265 of the decree 143/2015 of the Community of Valencia. According with the explanation, there is one communities with two swimmingpools. One is open and the second one is covered.
The swimmingpool as it was desgined on the plans submitted for the development is as the picture bellow shows. 18,00 * 11 198 m2 of lamine. This is just under the legal limit in Valencia for the obligation of hiring the services of a lifeguard. So, in this case, the community is not obliged.
Providing the plans, the community is not obliged to hire the services of a lifeguard. However, this can be decided at the AGM that your community hold every year in May.
Regarding the size, it is not a reason neither. As the maintenance is afforded with the communities fees, this is not an example of acess by payment .
With the regards to your last question, in case of an accident, the public liability of the community would respond.