Tuesday, March 8, 2011

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Brief History of Law 1209 - Law Draft Resolution Espitia



The following is a brief history of the 1209 Act, 2008 Through which establishes safety standards in swimming pools.

June 11, 2006: drowns the small Santiago Rivera in Neiva.
Months later, his mother Maria del Pilar Molina creates Santi Rivera Foundation is a nonprofit organization, created in order to inform and educate all people, children, parents and caregivers, about the high risks severe injury and death by drowning, especially in children, for improper use of the pools, how to avoid them, and security measures to be taken into account, not only in private pools of residential, but also in use public. Start
desire to create a law to Colombia

December 2006 was sentenced agreement number 029 of 2006 by which mechanisms prevention in the use of public and private pools in Neiva.

December 2006: paper for the first debate Project approved Law 110 of 2006 House of Representatives, through which will add a paragraph to Article 109 of the Penal Code and sets safety standards for children pools and similar structures. (Draft Law 110)

January 18, 2007: drowns young Nicolas Espitia sucked into a pipe in disrepair. The news generated
national shock and becomes more strongly the need to issue a law to standardize the safety of swimming pools nationwide.

March 6, 2007: Decree No. 00398 Regulating for Surveillance and Control of Public pools and restricted use and establishing a Monitoring and Control Program Pool in the city of Medellin.

April 30, 2007: Agreement No. 006 of District Council of Cartagena de Indias DT and C. Whereby
regulating the sanitary conditions and safety to be respected pools and similar structures used collectively operating in the District of Cartagena. Bogotá DC
also wrote the draft agreement 533 2007

September 18, 2007: Decree No. 1589 Whereby partially amending Decree 00398 of March 6 de2007 that regulated the Surveillance and Control of Public pools and use restricted use and created the Program for Monitoring and Control of pools in the city of Medellin.

June 2008: Moves to sanction President Bill for pool safety.

July 14, 2008: Enactment of the 1209 Act Through which establishes safety standards in swimming pools.

January 14, 2009: Act comes into force 1209.
The law governing the six (6) months after its enactment and repealing all provisions contrary to it.
Pools that the entry into force of the law are under construction, must comply with its provisions.
Building permits for building projects that contain swimming pools, shall require the provisions of the law upon their effective date.

June 10, 2009: Expedition By Decree 2171 which identifies measures applicable to the swimming pools and similar structures used collectively and privately owned unihabitacional and other provisions.

July 14, 2009: Maximum date for the Ministry of Social Protection regulates the rules minimum safety standards specified in Article 11 of Law 1209. (Decree 2171)

January 14, 2010: Maximum date adequacy of the pools that January 14, 2009 were operational. So
established by Law: The pools at the time of entry into force of the law (January 14, 2009) will be in service within one (1) year to comply with the provisions contained therein.

July 14, 2009: The Ministry of Social Protection is working on the resolution, the Technical Regulations and Sanitary Inspection Form One of the pools and similar structures should be used departmental health authorities, district and municipal
(municipalities category 1, 2 and 3) health.

July 21, 2009: The ICONTEC hold the first meeting of the technical committee ct177 to start the adoption of the standards proposed by the Ministry of Social Protection to regulate matters relating to the closure of swimming pools.
The process of normalization in the ICONTEC has the following phases:

1. Management committee - with those attending the meeting is prepared Colombian Technical Standard (NTC) either from a reference document (international or foreign) or information of committee the duration of this stage depends on the complexity of the document and that committee members are all in accordance with the requirements are the norm, as rules are documents that are made by consensus.
2. Public Consultation - Once the committee reviews the entire draft standard is published on the website of ICONTEC, for anyone who is concerned to see and submit technical comments duly supported.
3. Management committee - After the stage of public consultation and if you have technical comments, quoted the committee again for the same treatment.
4. Tech Tip - After discussing the observations the document is sent to the technical board who reviews and approves the document over the document to the board.
5. Board of Directors - Approving the document under consideration as NTC
6. Publication and dissemination of the standard.

October 6, 2009: deadline for sending comments and feedback to Ministry of Social Protection on the draft resolution partially regulates Decree 2171 of 2009.

December 14, 2009: Sale to the Public Consultation Icontec 0056 END0055 and Protective Barriers Pools with deadline to submit comments until February 15, 2010. December

28, 2009: The Ministry of Social Protection Draft Resolution issuing the Technical Regulations for swimming pools and similar structures deadline to submit comments until January 4, 2010.

TBD: The SENA offer lifeguard training and certification.

June 10, 2011: Deadline to obtain certified lifeguard.

May 7, 2010: The Ministry of Social Protection issued the Resolution 1618 partially regulates Decree 2171. Filed

enforcement action by Mr. Eduardo Enrique Tovar Añez.

February 18, 2011: The Administrative Court 39 of Bogota, ordered the Ministry of Social Protection, which would run until April 30, 2011 to comply with Article 18 of Law Espitia.

March 28, 2011: Repealed partially Case February 18, 2011.

28 March 2011: The Board of the Office of the Administrative Tribunal of Cundinamarca ruled second and last instance for the security devices approved and the requirements of Control of Water Quality are EFFECTIVE from the June 10, 2009 and from May 13 2010 respectively.

April 4, 2011: End comments at the Ministry for the project through the Issuing technical regulations applicable to safety devices and installation for use in swimming pools and similar structures.

April 30, 2011: In the ruling handed down February 18, 2011, the Administrative Court 39 of Bogota, ordered the Ministry of Social Protection, which would run until April 30, 2011 to comply with Article 18 Espitia Act

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