ontario regulation 502/24

made under the

Health Protection and Promotion Act

Made: November 28, 2024
Filed: December 6, 2024
Published on e-Laws: December 6, 2024
Published in The Ontario Gazette: December 21, 2024

Amending Reg. 565 of R.R.O. 1990

(PUBLIC POOLS)

1. (1) The definition of “modified pool” in subsection 1 (1) of Regulation 565 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“modified pool” means a public pool that has a basin-shaped floor sloping downward and inward toward the interior from the rim; (“piscine modifiée”)

(2) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“public cold plunge pool” means a public pool that is maintained at a temperature of 15 degrees Celsius or less, with or without hydrojets, that is not drained, cleaned, sanitized and refilled before use by each individual; (“piscine publique de plongée à froid”)

“public floatation pool” means a public pool that,

(a) contains a saturated bathing solution of magnesium sulphate for floatation purposes,

(b) is not drained, cleaned, sanitized and refilled before use by each individual, and

(c) is designed for multiple persons; (“piscine publique de flottaison”)

“public floatation tank” means a basin, chamber or tank that,

(a) contains a saturated bathing solution of magnesium sulphate for floatation purposes,

(b) is not drained, cleaned, sanitized and refilled before use by each individual,

(c) is designed for up to two bathers, and

(d) provides a light and sound reduced environment; (“cabine publique de flottaison”)

2. Section 2.1 of the Regulation is amended by adding the following paragraph:

4. A public floatation tank.

3. (1) Subsection 4.1 (1) of the Regulation is amended by adding the following paragraphs:

4. Private residential pools that are being made available to the public for use with or without charging an access fee, if the following notice is displayed in a conspicuous place within the pool enclosure printed in letters at least 25 millimetres high with a minimum five millimetre stroke:

CAUTION
SWIM AT YOUR OWN RISK
THIS POOL IS NOT SUBJECT TO THE REQUIREMENTS OF ONTARIO REGULATION 565 (PUBLIC POOLS)

5. Rowing club pools, where the pool water is used for rowing purposes and at no time does a bather enter the pool water.

(2) Subsection 4.1 (2) of the Regulation is revoked and the following substituted:

(2) The following spas are exempt from this Regulation:

1. Private residential spas that are being made available to the public for use with or without charging an access fee, if the following notice is displayed in a conspicuous place within the spa enclosure printed in letters at least 25 millimetres high with a minimum five millimetre stroke, along with the message required under subsection 19.1 (1), displayed with the same letter sizes required by that subsection:

CAUTION
USE SPA AT YOUR OWN RISK
THIS SPA IS NOT SUBJECT TO THE REQUIREMENTS OF ontario REGULATION 565 (PUBLIC pools)

2. A public spa operated on the premises of a hotel that has fewer than six dwelling units or suites for the use of its guests and their visitors, or a public spa operated in conjunction with an individual dwelling unit or suite of a hotel for the exclusive use of its occupants, is exempt from this Regulation if the following notice is displayed in a conspicuous place within the public spa enclosure, printed in letters at least 25 millimetres high with a minimum five millimetre stroke, along with the message required under subsection 19.1 (1), displayed with the same letter sizes required by that subsection:

CAUTION
USE SPA AT YOUR OWN RISK
THIS SPA IS NOT SUBJECT TO THE REQUIREMENTS OF ontario REGULATION 565 (PUBLIC pools)

4. Clause 6 (6) (m) of the Regulation is amended by striking out “affixed” and substituting “permanently affixed”.

5. (1) Clause 7 (8) (a) of the Regulation is amended by striking out “80 ppm to 120 ppm” and substituting “60 ppm to 180 ppm”.

(2) Clause 7 (8) (c) of the Regulation is amended by striking out “every part of a public pool” and substituting “every part of a public pool, other than a public floatation pool or a public cold plunge pool”.

(3) Clause 7 (8) (d) of the Regulation is amended by striking out “4 ppm” and substituting “8 ppm”.

(4) Subsection 7 (8) of the Regulation is amended by adding the following clauses:

(e.1) where a pool is a public floatation pool or a public cold plunge pool, there is a residual of free available chlorine of at least 5 ppm and not more than 10 ppm in every part of the public floatation pool or public cold plunge pool;

(e.2) where a pool is a hot water pool that operates at a temperature of 35 degrees Celsius or greater, there is a residual of free available chlorine or total bromine in every part of the hot water pool of at least 5 ppm but not more than 10 ppm;

(5) Section 7 of the Regulation is amended by adding the following subsection:

(8.1) In addition to the requirements of subsection 7 (8), where a pool is a public floatation pool, it shall be equipped with a secondary treatment system of ultraviolet light disinfection that is appropriately sized for the public floatation pool and the system shall have an automatic shut off device or an audible and visual alarm in case of system failure.

(6) Paragraph 5 of subsection 7 (11) of the Regulation is revoked and the following substituted:

5. Water temperature, in the case of spas and in the case of hot water pools that operate at a temperature of 35 degrees Celsius or greater.

6. Section 19 of the Regulation is amended by adding the following paragraph:

1.1 In the case of a pool facility that has multiple public pools, the same notices required under subparagraphs 1 i to vii may be shared between two pools provided that at least two notices are posted at the pool facility and at least one notice shall be within the line of sight of bathers of each pool at all times.

7. The Regulation is amended by adding the following section:

Signage for hot water pools

19.2 Every owner and operator of a public pool that operates at a temperature of 35 degrees Celsius or greater shall ensure that the following message is posted in a conspicuous place at each entrance to the public pool that operates at a temperature of 35 degrees Celsius or greater with the word CAUTION in letters not less than 50 millimetres high, with all other lettering not less than 10 millimetres high and with a minimum five millimetre stroke in either case:

CAUTION

Children under the age of 12 are not allowed in the hot water pool unless supervised by a person who is 16 years of age or older.

Pregnant women and persons with known health or medical conditions should consult with a physician before using a hot water pool.

Overexposure may cause fainting. 10 to 15 minutes may be excessive for some individuals. Cool down periodically and leave the hot water pool if nausea or dizziness occurs.

Enter and exit the hot water pool slowly, to prevent slipping.

8. Subsection 20 (3) of the Regulation is revoked and the following substituted:

(3) Where an item or items described in subsections (1) and (2) are provided for a public pool that operates in the immediate vicinity of a public spa or a second public pool, an owner or operator of the spa or second public pool is not required to provide a duplicate item for the spa or second public pool, or to duplicate the emergency telephone required under subsection 16 (1), as long as the item or telephone is conveniently located for emergency use to the spa or second public pool.

9. The Regulation is amended by adding the following section:

Hot water pools

21.1 Every owner of a public pool that operates at a temperature of 35 degrees Celsius or greater shall ensure that,

(a) the public pool’s water heater is equipped with a tamper-proof upper limit cut-off switch that,

(i) limits the maximum temperature of the public pool’s water to 40 degrees Celsius, and

(ii) is independent of the public pool’s water temperature thermostat; and

(b) a clock is installed in a conspicuous location that can be viewed from anywhere in the public hot water pool.

10. The Regulation is amended by adding the following sections:

Additional cold plunge pool safety requirements

26.0.1 Every owner of a public cold plunge pool shall ensure that the public cold plunge pool is equipped with all of the following:

1. A non-slip deck around the entrance to the public cold plunge pool.

2. A handrail for entry into and out of the public cold plunge pool;

3. A health warning sign with the following message posted in a conspicuous place at each entrance to the public cold plunge pool with the word CAUTION in letters not less than 50 millimetres high, with all other lettering not less than 10 millimetres high and with a minimum five millimetre stroke in either case:

CAUTION

Children under the age of 12 are not allowed in the cold plunge pool unless supervised by a person who is 16 years of age or older.

Use of a cold plunge pool may trigger a cold shock response. Persons with known health or medical conditions should consult a physician before using a cold plunge pool.

Enter and exit the cold plunge pool slowly, to prevent slipping.

Do not play or swim near drains or suction devices. Your body, body parts, hair, jewelry and other objects may become trapped and cause injury or drowning. People with long hair should be especially careful.

Do not enter or remain in a cold plunge pool if a drain cover or suction fitting is loose, broken or missing. Immediately notify the cold plunge pool operator.

4. A clock installed in a conspicuous location that can be viewed from anywhere in the public cold plunge pool.

Additional floatation tank requirements

26.0.2 (1) Every owner and operator of a floatation tank shall,

(a) provide a first aid kit, a device for emergency communications and emergency equipment which is appropriate for use in the floatation tank;

(b) ensure that the water is treated with chlorine, a chlorine compound or a bromine compound by means of a chemical feeder, and is maintained so that in every part of the floatation tank, at all times during the daily use period,

(i) the total alkalinity is maintained in the range of 80 ppm to 120 ppm,

(ii) the pH value is within the range of 7.2 to 7.8,

(iii) there is a residual of free available chlorine in every part of the floatation tank between 1.5 ppm and 5 ppm, or if bromine is used, between 2.5 ppm and 5 ppm, and

(iv) the water temperature is maintained at less than 37 degrees Celsius;

(c) test and record the requirements of clause (b) regarding the floatation tank water each operating day, a minimum of 30 minutes prior to opening and, subsequently, the lesser of every four hours or prior to each new bather;

(d) provide a filtration system suitable to the tank design that is capable of ensuring the water has three turnovers of the tank between each bather; and

(e) provide shower facilities available for bathers to shower before and after using the floatation tank.

(2) Despite clause (1) (b), alternative methods for filtering and disinfecting the water in a public floatation tank may be submitted for review and approval in writing by the local medical officer of health or a public health inspector for the health unit where the public floatation tank is situated.

11. Section 26.3 of the Regulation is amended by adding the following subsection:

Exception

(2) Clause (1) (b) does not apply to a public wading pool with a water depth of 15 centimetres or less if,

(a) the owner or operator provides notice to the medical officer of health or a public health inspector of the health unit where the public wading pool is situated that they will not be providing an attendant for supervision;

(b) the owner or operator has developed a written safety plan to be available to any person, including the local medical officer of health or a public health inspector, upon request; and

(c) the following notice, printed in letters at least 25 millimetres high, is displayed in a conspicuous location within the public wading pool enclosure:

CAUTION

THIS POOL IS UNSUPERVISED. BATHERS UNDER TWELVE YEARS OF AGE ARE NOT ALLOWED WITHIN THE PUBLIC WADING POOL ENCLOSURE UNLESS ACCOMPANIED BY A PARENT OR HIS OR HER AGENT WHO IS NOT LESS THAN SIXTEEN YEARS OF AGE.

Commencement

12. This Regulation comes into force on the later of January 1, 2025 and the day this Regulation is filed.