By: Jacqueline Moneta JD and Jayson Schwarz LLM
Whether you’re buying or renting a condominium, pools are often high on a house hunter’s list of desired amenities. But as a developer, landlord, condominium board or purchaser, before you dive into the deep end, it’s important to be aware of the rules and regulations governing public pools.
The Health Protection and Promotion Act Regulation 565 PUBLIC POOLS came into force on July 1, 2018. The regulation did not provide for any transitional time, so all organizations have to be in full compliance. This new regulation governs public pools and their maintenance. The regulation applies to all pools in a condominium or apartment building, with more than 6 units.
WHAT DOES THIS MEAN FOR PROPERTY MANAGEMENT?
This new regulation sets out clear rules and procedures for the maintenance of public pools. While the regulation aims to protect public health, it means stricter rules when it comes to the operators of public pools.
These revised requirements aim to eliminate inconsistencies and improve clarity and public safety, through testing and recording frequencies, general facility maintenance, first aid box contents and operator training.
OVERARCHING REQUIREMENTS
One of the most substantial changes is the notification requirement. Pool operators are now required to notify the medical officer of health or public health inspector, of their intent to operate a pool in writing at least 14 days before the pool is put into use after construction, or after any closure that lasts for more than four weeks.
Rules with regard to on-site posting have also been revised. The regulation stipulates that the results of any inspections conducted by a public health inspector are to be posted. This requirement aims to provide more open and transparent information to the public and support compliance efforts.
The regulation has also introduced strict rules on operator training. Each operator of a pool shall be trained in public pool operation and maintenance, filtration systems, water chemistry and all relevant safety and emergency procedures. This is something that property managers and condo boards alike will have to be mindful of going forward.
NEW SAFETY REQUIREMENTS
The Ontario Building Code currently requires that pools with a slope of greater than 8% be equipped with the fittings for a safety buoy line. This was following a recommendation that all unsupervised pools, i.e. those without a lifeguard, require a buoy line.
The regulation also stipulates that ground fault circuit interrupters must be tested the more frequent of either once a month, or as per the manufacturer’s directions.
First aid kits’ requirements have also been revised. Now, first aid kits are required to have sufficient quantities of supplies. This was amended from the former requirement for fixed quantities to allow greater flexibility to pool operators, to determine appropriate number of supplies.
NON-COMPLIANCE LEADS TO PENALTIES
Now under the Provincial Offences Act (POA), Public Health Inspectors are authorized to issue provincial offence notices (tickets), for infractions of the Public Pools Regulation. Inspectors will have the ability to issue tickets under the POA with set fines for infractions. The fine amounts vary depending on the severity of the infraction.
WHAT DOES THIS MEAN TO ME?
Now how does this affect you, the prospective purchaser of a condominium or renter of an apartment? Firstly it means that the pool should be a safer, healthier place. That’s the good news. The downside is that the maintenance costs of a condominium unit will probably need to be increased to take into consideration the cost of implementing the new changes and the maintenance requirements that go along with it. For a renter it means that a new rental in a building with a pool may have a rent increase.
So before you get into deep waters, make sure you are familiar with all of the changes and what the impact will be on you personally. If you need help to figure it out, always consult a lawyer for advice.