PREAMBLE

Section 43 of the Spanish Constitution recognises the right to protection of health and declares that it is the competence of the public authority to organise and safeguard public health by providing preventive measures and appropriate services.

Thereby, sections 13.21 and 20.1 of the Estatuto de Autonomía [Autonomy Statute] for Andalusia attribute to this Comunidad Autónoma [hereinafter ‘the Autonomous Community’, which comprises regional institutions, including but not limited to regional government and parliament] the competence to regulate health and hygiene, empowering it to enact relevant legal provisions and to implement national Spanish legislation regarding domestic health.

Sections 1.1 and 2.4 of the Ley General de Sanidad [General Health Act], i.e. Act 14/1986, of 25^th April, govern actions aimed at implementing the right to health protection and contemplate public intervention in public or private activities which may have, either directly or indirectly, negative consequences for health, by means of the relevant preventive restrictions of an administrative nature.

Section 19 of the Ley de Salud de Andalucía [Health Act for Andalusia], i.e. Act 2/1998, of 15^th June, states that the Administración Sanitaria [Health Department] of the Junta de Andalucía [Regional Government] shall, within its powers, establish norms and directives regarding the control and inspection of hygienic and sanitary conditions of activities in areas of collective co-existence.

The approval of the Reglamento Sanitario de las Piscinas de Uso Colectivo [Sanitary Regulations of Swimming Facilities for Collective Use] by Decree 77/1993, of 8^th June, involved a substantial change in the legal provisions applicable to swimming-pools in Andalusia as regards construction, installations and surveillance services.

During the time elapsed since the coming into force of the health regulations referred to in the previous paragraph, construction and design techniques for this type of installations have evolved. The same can be said of water treatment methods and of safety measures.

The aforementioned circumstances have made it advisable to issue new regulations, based on the previous ones, introducing the new concepts and guaranteeing users a better quality of water and of installations without requiring excessive cost regarding the necessary reforms.

Thereby, on the proposal of the Health Councillor in accordance with the Consejo Consultivo de Andalucía (Andalusian advisory council), and following proper deliberations of the Consejo de Gobierno (cabinet of the Andalusian regional government) at its meeting of 23^rd February 1999,

I DECREE

Purpose

The Reglamento Sanitario de las Piscinas de Uso Colectivo Colectivo [sanitary regulations of swimming facilities for collective use] which is contained in the Addendum annexed to this Decree is hereby approved.

1. Swimming facilities existing previously to enactment of this Decree and regulations thereby approved shall comply with the requisites stated therein within a period of two years where such adaptation refers to structural requisites or construction elements with no incidence on users’ safety.
2. Pools with a surface of over three hundred meters built prior to the enactment date of this Decree are exempt from the adaptation requirement last subsection refers to as regards the overflow system provided in subsection (3) of section 21 of these Regulations. In such pools, either a continuous perimetral device or skimmers shall be used to control overflow. In the case of skimmers, there shall be one for each 25 square meters or fraction of water surface.

Any legal provision of the same rank as this Decree, or of an inferior one, which may be contrary to the provisions herein contained and, in particular, Decree 77/1993, of 8^th June, approving the Sanitary Regulations of Swimming Facilities for Collective Use, and Order of 7^th June 1994 recognising the validity of certain certifications for lifeguards in swimming facilities for collective use are hereby repealed.

The Consejero de Salud (Regional Health Minister or Councillor, hereinafter "the Health Councillor") is hereby empowered to issue the necessary provisions to develop and execute measures established by this Decree or Regulations.

This Decree and approved Regulations shall come into force the day following its publication in the Boletín Oficial de la Junta de Andalucía (Junta de Andalucía official gazette).

Seville, 23^rd February 1999

José Luis García de Arboleya Tornero

Health Councillor

ADDENDUM

CHAPTER I

PURPOSE. EXTENSION AND DEFINITIONS

Section 1. Purpose and extension

1. These Regulations purport to establish the rules governing the hygienic and sanitary quality of swimming facilities for collective use, treatment and control of pool water quality, accommodation capacity and the system of authorisations, surveillance and health inspections as wells as sanctions that can be imposed in cases of non-compliance.
2. These Regulations shall not be applicable to private, single family swimming facilities, to swimming facilities belonging to residential communities of up to twenty dwelling units intended to be used by several families, to facilities or spa for thermal baths and hydrotherapy treatment centres, and swimming facilities intended exclusively for medical use and for sport and competition, which shall be subject to their specific regulations.

Section 2. Definitions

For the purposes of these Regulations–

"Swimming facility" means the premises, including one or more artificially constructed pools intended for bathing or swimming as well as the different installations, services and equipment necessary to carry out these activities.

"Deck" means the bordering surface, pavement or sidewalk surrounding the pool.

"Resting areas" means the grass or other space serving as an area for rest, games or presence of users.

CHAPTER II

INSTALLATIONS, FACILITIES AND SERVICES

Article 1. Features of Bathing Areas

Section 3. Accommodation capacity

"Accommodation capacity" means the maximum number of people allowed on the premises at any one time and shall consist of one person per two square metres of water surface for open-air pools and of one person per three square metres of water surface for indoor pools. The figure expressing the accommodation capacity shall be posted in a prominent location both at the entrance and inside the premises.

Section 4. Classification of pools

1. For the purposes of these Regulations, the pools of swimming facilities for collective use shall be—

1. children’s pools, intended exclusively for children under six years of age, duly attended by adults. These pools shall not be deeper than 40 cm nor have slants or slopes of over 10%. Children’s pools shall be totally independent in such a way that children may not gain access to other pools accidentally. Their filter system shall also be independent of other existing pools;
2. recreational or versatile pools, intended for the general public. These pools shall have some areas not deeper than 1.4 m; and
3. sport pools for competition and/or diving. These pools shall have the characteristics established by the competent entity as regards the practice of the sport concerned.

Section 5. Pool characteristics

1. There shall be no angles, bottlenecks or hindrances impeding the circulation of water in the pool or other underwater obstructions of any nature whatsoever which may retain the user under the water.
2. The walls and bottom of the pool shall be light-coloured, flat, waterproof and finished so as to prevent slipping. Materials used in its construction shall be designed to allow easy cleaning and disinfection and shall be resistant to chemicals used in the water treatment and maintenance.
3. The bottom of the pool shall have a minimum slope of 2% and a maximum slope of 10% in depths under 1.4 m. Sloping shall in no case be of over 35% in depths between 1.4 and 2.0 m. Changes in sloping shall be moderate and gradual and shall be marked with adequate signs of any type which shall be visible both from inside and outside the pool.
4. The draining system at the bottom of the pool shall allow total removal of water by means of the drainage system where there is one or, failing this, as determined by the competent authority. For the purpose of preventing risks for people, the system shall be protected with grids or other safety devices resistant to the corrosive properties of water.

Section 6. Protection of pools

At the end of the season, the pools shall be protected with covers or other closing systems aimed at preventing accidents.

Section 7. Characteristics of the deck

The deck, which shall have a minimum width of 1 m, shall be of a material that prevents slipping and shall be kept in perfect sanitary conditions.

Its design shall prevent the formation of puddles and the flow of water towards the pool. In order to prevent health risks, the deck shall be free of obstacles that may impede appropriate cleaning.

Section 8. Showers

1. In the vicinity of the pool, a number of showers at least equal to the number of pool access ladders shall be installed. The water from the shower shall comply with the provisions of section 15.
2. The shower base shall be of a material that prevents slipping, with rounded edges, easy to clean and disinfect and with sufficient slope to allow free drainage.
3. Where the area adjacent to the deck is earth, soil, sand or grass, the showers shall have an adequate system of taps for feet-washing, unless there are footbaths next to the bathing area, with their own disinfected water surface in continuous circulation. Such footbaths should be at least 10cm deep and 2m long.

Section 9. Canals for feet-washing

The existence of a perimetral canal or groove for feet-washing is forbidden.

Section 10. Ladders

1. Except in children’s pools, where it shall not be compulsory, a ladder must be installed at least every 25m or fraction of the perimeter.
2. Said ladders shall be of stainless material, easily cleaned and disinfected with flat rungs finished so as to prevent slipping. They must be deep enough under the water to allow comfortable climbing but must not reach the bottom of the pool.
3. The upper part of ladders shall be built-in and shall not stick out of the pool wall so as to prevent accidents. There shall be a difference of at least 30cm of height between the upper part of both rails.
4. Should there exist any ornamental stairs or ramps, these shall not stick out of the pool wall, shall have railings and a floor finished so as to prevent slipping, and their edges shall be rounded.

Section 11. Life buoys

Except in children’s pools, where they shall not be compulsory, there shall be at least as many rings or life buoys as ladders, and they shall be installed in visible places and be easily accessible by swimmers.

Each ring or life buoy shall have a rope tied to it which shall be at least half the maximum width of the pool plus three metres.

Section 12. Diving boards and slides

1. Diving boards and platforms shall be of stainless material finished so as to prevent slipping and that cannot splinter. Access to diving boards shall be provided with safety railings and non-slippery, flat steps having rounded edges and salient angles.
2. The use of diving boards and platforms more than 1m high in recreational or multiple-purpose pools shall be forbidden while pool is being used for recreational ends.
3. Slides and chutes shall be stainless, flat, and free of any joints or overlaps which could cause physical injuries to users.
4. Accessories referred to in the three preceding paragraphs shall be located in independent pools or basin chambers, or in separate areas in multiple-purpose pools. The building and assembling features of all the elements shall ensure the safety of users.

Swimming facilities for collective use shall comply with current legal provisions as to the elimination of architectural barriers.

Article 2. Characteristics of Ancillary Installations

Section 14. Toilets and dressing-rooms

1. Swimming facilities shall have toilets and dressing-rooms installed in well ventilated, indoor premises.
2. Cleaning and disinfection with household-type products shall be carried out often enough to ensure that there are no health risks and, at least, daily.
3. The end devices or elements of the water systems, such as taps and showerheads, shall be treated at least once a year for proper disencrustation and disinfection with duly authorised chemicals.
4. Toilets shall permanently have running water, toilet paper, disposable towels and soap dispensers.
5. Dressing rooms shall not be compulsory in tourist accommodation complexes where the swimming facility is for the exclusive use of residents and in communities of property owners where dwellings are close to the pool.

Section 15. Characteristics of the water in the installations

1. Wherever possible, the water available in all the installations shall come from the public supply network. Otherwise, a favourable report from the Delegado Provincial de la Consejería de Salud [Provincial Delegate or Commissioner of the Department of Health] shall be required concerning water quality and minimum specifications required to make it potable.
2. In exceptional cases, non-compliance of the water in the installations with the requirements of applicable regulations concerning the supply and control of potable water provided there is a favourable report from the Delegado Provincial de la Consejería de Salud. In such cases, each water supply point shall bear a clearly visible "not potable" sign.

Section 16. First-aid room and kit

1. Swimming pools for collective use with a water surface of 600 square metres or more shall have an appropriate, easily accessible independent room, and with appropriate signs for the purposes of providing first-aid services to users. This room shall contain the equipment indicated in Schedule 3, which shall be available at all times while the pool is in operation. Said equipment shall be continuously renewed and replaced, as required.
2. Swimming facilities for collective use not included in the previous subsection shall have at least a first-aid kit with the necessary materials for assisting users as specified in Schedule 3 of these Regulations.

Article 3. Sanitation and Hygiene in Swimming Facilities

for Collective Use

Section 17. Solid waste.

1. Paper-bins and containers shall be used for the purpose of rubbish collection.
2. All waste shall be collected daily. In the meantime, it will be stored in a safe place, separate from the public, in containers of adequate size, fully waterproof and hermetically closed, until the moment of its collection by the municipal services.

Section 18. Disinfection and pest-control

1. Every space and installation in swimming facilities for collective use shall have appropriate conditions of sanitation and hygiene so as to prevent proliferation of insects and rodents in accordance with current regulations.
2. In swimming facilities used temporarily or seasonally, such preventive or corrective measures shall be taken during the time the swimming facility is not open, for the purpose of preventing the development Culex mosquito larvae in the pool water or in any of the ancillary installations which may contain stagnant water, such as the filter and overflow systems registers.
3. When disinfection or pest-control treatments are being carried out in public areas, and subject to current statutory provisions, such safety measures as deemed necessary shall be imposed to ensure no harm is caused to people, including compliance with the safety periods shown on the label of chemicals and, when nor specified, a period of at least 24 hours, during which period users shall not be allowed access to the premises.
4. The use of powders, baits or other non-volatile pesticides shall be restricted to areas non accessible by people or to times of the year where the swimming facility is closed. In any case, such use shall be clearly indicated on signs posted in a visible form.

Article 4. Quality and Treatment of Pool Water

Section 19. Quality and treatment of pool water

Wherever possible, the water for filling the pools shall come from the public supply network. Otherwise, a favourable report on the water quality from the Delegado Provincial de la Consejería de Salud shall be required. In any case, the water shall receive adequate treatment to comply with the specifications determined in the sections that follow.

Water shall enter the pool in such a way that any return, reflux or backflow of the water into the supply network is made impossible.

Section 20. Characteristics of pool water

1. Water contained in the pools shall be filtered and disinfected, it shall not irritate the skin, the eyes or the mucous membranes. In any case, it shall comply with the quality requirements specified in Schedule 1 of these Regulations in order to prevent health risks for users.
2. The Dirección General de Salud Pública y Participación de la Consejería de Salud [Andalusian Under-Secretariat of Public Health and Participation of the Health Department] shall be empowered to modify the parameters of the said Schedule 1 of these Regulations and include other specifications as may be deemed necessary to ensure water quality.

Section 21. Filter system

1. During the time the swimming-pool is in operation the water in the pool shall be continually renewed either by filtering followed by recirculation, or by letting fresh water in.
2. The pool inlet and outlet water systems shall be placed in such a way that all of the volume of the water is properly recirculated.
3. The pools shall have an adequate overflow system at surface level. In pools with a water surface of over 300 square metres, passage of water from the pool to the filters shall be by overflow or by a continuous perimetral device and there will be a regulatory tank for compensation purposes. Where the water surface is equal to or less than 300 sq. m, skimmers may be used, with one skimmer per every 25 sq. m or fraction of water surface.

Section 22. Treatment and chemicals

1. Recycled water shall undergo physical/chemical treatment by means of a filter system to maintain the quality of water established in these Regulations.
2. Direct application of chemicals for the treatment of pool water is forbidden and installations shall have automatic feeding systems which shall function in conjunction with the recirculation system, thus allowing full and homogeneous dissolution of chemicals used in the treatment. Exceptionally and for justified reasons, direct application of some product may be allowed provided this is done outside the hours the swimming facility is open.
3. Systems for disinfecting the water without residual, effect shall require the additional use of chlorine or other chemicals with residual effect in the conditions established in Schedule 1 of these Regulations.
4. Chemicals used for water treatment shall comply with all the requirements established by applicable regulations.
5. Handling and storage of chemicals shall take place in highly isolated places non-accessible to pool users.
6. The provisions of this section regarding chemicals used for water treatment shall be without prejudice of the relevant regulations concerning chemical products and substances.

1. The filtering cycle of the whole volume of the pool water shall not exceed one hour for children’s pools, four hours for recreational and multipurpose outdoor pools and five hours for indoor pools. The maximum speed of water filtering shall be as needed to ensure an effective process depending on the characteristics and granulometry of the filling material.
2. In order to monitor daily the proportion of water renewed and filtered, two separate systems of water measurement shall be installed; one, at the inlet and the other after the filter.
3. The daily inlet of fresh water to the pools shall be as needed to make up for contingent losses and to facilitate maintenance of water quality, and it shall be of a minimum of five percent (5%) of the total volume of water in peak season.

CHAPTER III

PERSONNEL, SURVEILLANCE AND USERS

Section 25. Lifeguards

1. All swimming facilities for collective use with a [total] water surface of 200 square metres or more shall have lifeguards duly qualified to carry out activities of Salvamento y Socorrismo Acuático [rescue and life-saving techniques in the water] certified by the competent body or by a private institution.
2. There shall be a minimum number of–

1. one lifeguard in swimming facilities with a water surface between 200 and 500 square metres;
2. two lifeguards in swimming facilities with a water surface between 500 and 1,000 square metres; or
3. one additional lifeguard per pool or per fraction of 500 square metres.

1. To calculate the number of lifeguards in a swimming facility, the water surface of all pools shall be computed with the exception of children’s pools. However, where the sum of the water surface of the pools is less than 200 square metres, the water surface of children’s pools shall be computed as well.
2. With regard to special circumstances at a swimming facility, the Delegado Provincial de la Consejería de Salud may establish a number of lifeguards which differs from that obtained by applying the norms set forth in the preceding subsections.
3. Subject to the provisions of the preceding subsections, where the separation between pools does not allow effective surveillance, the presence of at least one lifeguard at each pool shall be compulsory.
4. During the times of operation, presence of the lifeguards close to the pools shall be compulsory.
5. The personnel indicated in this section, whose functions consist basically in the prevention, surveillance and intervention in the case of an accident, shall be in charge of and liable for the maintenance of the first-aid room and first-aid kit referred to in section 16 of these Regulations.

Section 26. Register and Control Book

1. A Register and Control Book (libro de registro y control), previously stamped by the Delegación Provincial de la Consejería de Salud, shall be kept for each pool. Said book shall be available for inspection at the request of both the health authority and any users or consumers.
2. In the Register Book there shall appear the relevant pool identification information and the water quality test results. It shall include, at least, the data indicated in Schedule 2.
3. At least twice a day, when the swimming facility opens and at peak bather load, the following parameters shall be noted down:

For the implementation of these controls, the corresponding equipment and relevant reactive chemicals for each parameter shall be available.

1. The following shall be tested every fortnight: Conductivity, Turbidity, Ammonia, Aerobic bacteria at 37º C, Coliform faecal and total, Staphylococcus aurei, Pseudomonas aeruginosa, Larvae and Algae.
2. The remaining parameters stated in Schedule 1 of these Regulations shall be tested and registered monthly.
3. The analytic tests of the parameters indicated in subsections 4 and 5 of this section shall be carried out by Public Health Laboratories (Laboratorios de Salud Pública) duly authorised pursuant to current legal provisions.

Section 27. Users

1. The users of swimming facilities for collective use shall follow the instructions of the Lifeguard and abide by the Internal Rules of the swimming facility [Reglamento de régimen interno], which shall be posted in visible places, both at the entrance to the premises and within the pool area.
2. Every swimming facility for collective use shall have a set of Internal Rules which shall contain at least—

• a prohibition to enter the bathing area wearing street clothes or shoes;
• an indication that it is compulsory to shower before swimming;
• a prohibition to litter and an indication to use paper bins or similar devices;
• In indoor swimming facilities, an indication to use bathing caps;
• a prohibition to enter the swimming facility with pets, notwithstanding the provisions of Act 5/1998, of 23^rd November, regarding the use in Andalusia of guide-dogs by people with visual impairments.

CHAPTER IV

AUTHORISATION AND INSPECTION

Section 28. Authorisation.

1. Concession of municipal licences for the construction or remodelling of swimming facilities for collective use shall require a prior favourable health report from the Delegado de la Consejería de Salud.
2. Use of a swimming facility following a six-month period of inactivity shall require a municipal reopening licence which shall, in turn, require prior favourable report from the Delegate of the Consejería de Salud.
3. The local Council shall apply for the health report mentioned in the two preceding paragraphs to the corresponding Delegation of the Conserjería de Salud, which shall issue said report within one month. Lack of response following a month shall amount to a favourable report.
4. Prior to the date foreseen for opening or reopening of the swimming facility, City Councils shall inform the Provincial Delegations of the Consejería de Salud or Servicios Sanitarios de Atención Primaria [Sanitary Services or Primary Attention] of licences granted for the purpose of including the corresponding swimming facilities in their inspection programmes.

Section 29. Inspection

Notwithstanding the inspection competence attributed to local Councils or other administrative bodies, the Dirección General de Salud Pública y Participación de la Consejería de Salud [Undersecretariat of Pubic Health and Participation of the Health Department] shall oversee that the provisions of these Regulations are complied with, and it shall order appropriate inspection visits so as to check the sanitary state of installations and proper operation of services.

CHAPTER V

INFRINGEMENTS AND SANCTIONS

Section 30. Responsibilities

Those natural or artificial persons owning or otherwise being in charge of the operation of swimming facilities that incur any actions or omissions described as infringements in these Regulations shall be considered liable.

Section 31. Infringements

In accordance with the provisions of section 25 of the Health Act of Andalusia (Act 2/1998, of 15^th July), section 35 of the General Health Act 14/1986, of 25^th April, and section 131.3 of Act 30/1992, of 26th November, on the Legal Regime of Public Administration and Common Administrative Procedure, the following shall be considered sanitary infringements of these Regulations:

A) Minor infringements:

1. Actions or omissions constituting an infraction of the provisions concerning the characteristics of bathing areas and ancillary installations, sanitation and hygiene of swimming facilities, pool water quality or treatment, and personnel, surveillance and users having no direct repercussion on health.
2. Simple negligence in the maintenance, operation and control of the installations or in the water treatment where the resulting alteration or health risk was of small significance.

B) Serious infringements

1. Infraction of provisions relating to providing first-aid services and to lifeguards resulting in a health risk for users.
2. Concealment, manipulation or absence of data in the Register and Control Book.
3. Repetition of minor infringements, as declared by final resolution, within a year.

C) Very serious infringements

1. Failure to comply with provisions relating to pool water quality or treatment resulting in serious harm to the health of users.
2. Repetition of the commission of serious infringements within one year, if so declared by final resolution.

1. Under the provisions of section 27 of the Health Act of Andalusia (Act 2/1998, of 15^th June) and the General Health Act (Act 14/1986, of 25^th April), infringements indicated in the preceding section shall be subject to fines of–

1. up to 500,000 pesetas (3,005.06 Euro) for minor infringements;
2. from 500,001 to 2,500,000 pesetas (3,005.07 to 15,025.30 Euro) for serious infringements, but with the possibility of surpassing the amounts indicated up to five times the value of the products or services that are the object of the infringement; and
3. from 2,500,001 to 100,000,000 pesetas (15,021.31 to 601,012.10 Euro) for very serious infringements, but with the possibility of surpassing the amounts indicated up to five times of the value of the products or services that are the object of the infringement.

1. For very serious infringements, the Andalusian regional government, at the proposal of the Health Councillor, may decree closure of the swimming facility for a maximum period of five years.

POOL WATER QUALITY REQUIREMENTS

1. PHYSICAL/CHEMICAL SPECIFICATIONS

2. MICROBIOLOGICAL SPECIFICATIONS

SCHEDULE 3

EQUIPMENT OF FIRST-AID ROOM AND FIRST AID KIT

1. The first-aid room shall contain–

- a wash-stand

- a litter or stretcher

- an oxygen bottle with flux regulator and mask

- a ferule and splints for immobilising patients

- clinic resuscitator for adults and for children

- tongue pincers and mouth openers

- curved and straight scissors

- disposable gloves

- disinfecting agent for the hands

- cure materials:

cotton

court-plaster

bandages

aseptic / sterile /sterilised gauzes for external applications

disinfecting antiseptic solution

general analgesic

antihistamine

anti-itching agent of topical use

2. The first-aid kit shall contain the cure materials specified in the preceding paragraph.