Third-party use in the swimming pool environment
Dec 27, 2021GUIDANCE
What is a third party?
A third party is someone other than the owner of the swimming pool.
Guidance
- EN 15288-2:2018 Swimming pools for public use. Part 2 Safety requirements for operation, clause 7.6
- HSE. 2018. Health and safety in swimming pools. HSG179, 4th edition, paragraphs 31-36, 108-111.
What third parties might use the pool?
Familiar third parties in the swimming pool environment include:
- A management contractor is running a pool on behalf of a local authority.
- A swimming club is hiring the pool for training sessions.
- A parent is hiring the pool for a private party.
- A lifeguard trainer hires the pool for a lifeguard training session or exam.
- A member is hiring a lane for a personal training session.
What must be in place to allow a third party to use the pool?
In standard terms or a bespoke agreement, you should set out the accountability, authorities and responsibilities of the third party and pool owner. Topics may include:
- Parties to the agreement
- Definitions
- Conditions of hire
- Payment and invoicing
- Information exchange about operating standards and requirements
- Equipment lease or usage
- Provision of supervision
- Reporting requirements
- Intellectual property protection
- Brand guidelines
- Insurance provision/extension
- Information security and privacy
- Cancellation
- Third parties
- Limitations on liability
- Variation
- Severance
- Dispute resolution
- Termination and notice
Do I need to provide a lifeguard when a third party uses the pool?
Pool users typically need to be supervised by a competent person who can identify a person in danger, initiate a rescue and recover the pool user onto the poolside in an emergency. A lifeguard on the poolside is likely the best cover you can provide.
There are instances where you do not need to provide a lifeguard or may be able to provide remote supervision using emergency responders located away from the poolside. You should revisit the guidance on when to deliver constant poolside supervision to determine if these instances apply.
Citation: Jacklin, D. 2023. Third-party use in the swimming pool environment. Water Incident Research Hub, 27 December 2021; updated 21 July 2023.
