Spa Regulations Revised - November 2005

Spa Regulations – revised - November 2005 TREND/ISSUE The Ministry of Health has issued revised draft Regulations on Public Spas and anticipated changes have impact on both capital and operating budgets for facilities including whirlpool/spa operations.

BACKGROUND Following the Ontario Chief Coroner’s Safety regulation of July 2002, Ontario Building Code amendments were brought forward to include the Coroner’s recommendations and now the Ministry of Health and Long Term Care proposes to convert the “Operations of Public Spas Protocol,” into a regulation. The Parks and Recreation Ontario (PRO) Public Affairs Committee was alerted to an Information Notice from the provincial government about the proposed changes to Regulations in February 2004. The parks and recreation sector public affairs task group provided a response to the Coordinator of Food Safety/Safe Water Unit in the Public Health Division of the Ministry of Health on March 1, 2004 outlining a number of issues regarding the legislation. Based on feedback and recommendations, the Ministry revised the regulation and on September 4, 2004 circulated this among stakeholders for final consultation. The revised regulation can be located on the MOHLTC website www.health.gov.on.ca/ or under the member’s area for public affairs documents www.prontario.org

The document is now no longer a public document, after input and revisions it is now with the Ministry of Health for reflection with in the revisions of Regulation 565/90.

LINKS Possible links include, Ontario Recreation Facilities Association (ORFA), The Life Saving Society (LSS), The Ministry of Health and Long Term Care (MOHLTC) and Regional Health Departments.

IMPACT/IMPLICATIONS Community Service Providers have voiced concerns over the proposed regulation and have influenced some of the proposed revisions. Anticipated revisions include: 1. Requirement for barrier devices at spa entrances 2. Requirement for water meter for public spas exceeding 4,000 litres 3. Installation of tamper-proof upper limit cut-off switch to limit maximum temperature of hot water of spas 4. Timing device for a period of not more than 15 minutes required for spas containing hydro-massage jet fittings. 5. Clock is required to be installed in conspicuous location 6. Steps for entry/exit required along with handrail, nonslip surface, visual bands of contrasting colour along juncture of side/edges of each step 7. Emergency stop button required 8. Deck Markings to distinguish between shallow and deeper components of spas.

As well, there is recalculation of maximum bather load for spas which in most large municipal whirlpools/spas will result in lower maximum capacity. Along with the extra cost of metering, more strenuous dumping of existing filtered, disinfected water will be required with new make-up water resulting in additional utility and maintenance expenses.

RECOMMENDED SECTOR POSITION Supportive of safe operations of spas and the need for legislation to ensure public safety and supports the Ministry of Health’s initiative to develop Public Spa regulations. Continue to monitor in partnership with the Ontario Lifesaving Society and liaison with the Ministry of Health and other organizations to ensure that there is clarity and appropriateness of the regulation in the implementation phase.

CONTACT : Originally prepared by: Jeff Martin Supervisor of Aquatics - Area Supervisor, City of Hamilton 905 546-2424 X 1179 [email protected]

Updated by: Brian Connors Aquatics Analyst – City of Mississauga 905-896-5351 [email protected]

For further information about the Public Affairs Task Group or to contact members:

[email protected] (416)426-7142 Public Affairs Task Group: Parks and Recreation Ontario, Ontario Parks Association, Ontario Recreational Facilities Association, Ontario Trails Council, Ontario Physical and Health Education Association, Northeastern Ontario Recreation Association.