Decision of the Chairman of the Department of Urban Planning and Municipalities
No. (2) of 2018
On Issuing the Executive Regulations for Law No. (2) of 2012
(Swimming Pools)
The Chairman of the Department of Urban Planning and Municipalities,
- Having reviewed Law No. (1) of 1974 regarding the Reorganization of the Governmental Apparatus in the Emirate of Abu Dhabi and its amending laws.
- And Law No. (23) of 2007 concerning the Establishment of the Abu Dhabi Urban Planning Council and its amending law.
- And Law No. (2) of 2012 concerning the Preservation of Public Appearance, Health, and Tranquility in the Emirate of Abu Dhabi.
- And Law No. (13) of 2016 concerning the Establishment of the Department of Municipal Affairs and Transport.
- And Emiri Decree No. (13) of 2017 regarding the Restructuring of the Executive Council of the Emirate of Abu Dhabi.
- And based on what was presented to the Executive Council, and its approval thereof.
Has decided the following:
Article (1)
For the purposes of implementing the provisions of this Decision, the following words and phrases shall have the meanings assigned to each of them unless the context indicates otherwise:
| The Emirate |
: The Emirate of Abu Dhabi |
| The Department |
: The Department of Urban Planning and Municipalities. |
| The Concerned Municipality |
: Abu Dhabi City Municipality, Al Ain City Municipality, Al Dhafra Region Municipality, or any other municipality that may be established in the Emirate in the future. |
| The Concerned Authorities |
: The relevant federal and local authorities. |
| The Law |
: Law No. (2) of 2012 concerning the Preservation of Public Appearance, Health, and Tranquility in the Emirate of Abu Dhabi. |
| The Guide |
: The instructional guide issued by the Department, which includes the technical standards, health conditions, and requirements for obtaining an operating license. |
| Swimming Pools |
: An artificial structure, whether indoor or outdoor, equipped with controllable water pipes and used for swimming or diving for enjoyment, including public swimming pools. |
| The Operator |
: The person licensed by the Concerned Authority and contracted by the relevant party to operate the swimming pools. |
| The Operating License |
: The permit granted by the Concerned Municipality to operate swimming pools. |
Article (2)
The provisions of this Decision shall apply to swimming pools, with the exception of swimming pools for private residential villas.
Article (3)
1. No person shall operate swimming pools without first obtaining an Operating License from the Concerned Municipality in accordance with the special standards, controls, and procedures stipulated in the Guide.
2. The relevant party and the Operator shall be obligated to provide and maintain inspection records when operating swimming pools.
Article (4)
A license application shall be submitted to the Concerned Municipality using the form prepared by it and after paying the prescribed fees.
Article (5)
1. The Concerned Municipality shall decide on the application by approving or rejecting the license in accordance with the conditions stipulated in the Guide.
2. The Concerned Municipality must notify the applicant of its decision within fifteen (15) days from the date of submitting the application.
Article (6)
Without prejudice to the right of the judicial officer to issue an immediate violation report according to the nature of the violation, the violation shall be recorded in accordance with the following procedures:
1. Issuing a warning to the violator to remove the violation within seven days before imposing the penalties stipulated in Article (8) of this Decision.
2. Offering reconciliation to the violator in light of the provisions of the Law and this Decision and recording this in the violation report.
3. Notifying the violator of the decision to remove the violation at his declared address by all legal means within seven days from the date of reconciliation or its expiration.
Article (7)
The Concerned Municipality shall take the following actions:
1. Seeking the assistance of the Concerned Authorities through the judicial officer to remove the violation after the expiry of the period specified in paragraph (3) of Article (6).
2. Preparing an account of the expenses, along with the due date for payment, and notifying the violator thereof, in the event the removal is carried out by the Concerned Municipality. This amount shall be considered a fixed debt owed by the violator, which may be collected by all legal means.
Article (8)
1. Anyone who operates a swimming pool without obtaining an Operating License shall be punished with a fine of (20,000) twenty thousand dirhams.
2. The relevant party and the Operator shall be punished with a fine of (2,000) two thousand dirhams in the event of failure to provide and maintain inspection records.
3. In all cases, the violator shall be obligated to remove the causes of the violation whenever necessary.
Article (9)
This Decision shall be published in the Official Gazette and shall come into force from the date of its publication.
Falah Mohammed Al Ahbabi
Chairman of the Department of Urban Planning and Municipalities
Issued
on 19 Rabi' al-Thani 1439 H
Corresponding to 7 January 2018