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Kids swimming in public pool.

Recreational Water

HomeHealth and WellnessPublic Health Inspections and InvestigationsRecreational Water
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Public recreational water includes public pools, public spas, public wading pools, splash pads/spray pads, and public beaches.

Operators

Attention public pool and spa operators

Amendments to the Ontario Regulation 565 - Public Pools that came into effect October 28, 2022

Durham Region Health Department would like to notify you about recent amendments to the Ontario Regulation 565 – Public Pools to provide an exemption to Public Spas that are operated in conjunction with an individual dwelling unit or suites of a hotel.

The following changes came into effect on October 28, 2022:

  1. Public spas (hot tubs, whirlpools) that are operated in conjunction with an individual dwelling unit or suite of a hotel for the exclusive use of its occupants are exempt from the Regulation if the required signage is posted. For example, this could include an in-suite spa or a spa on a private balcony/deck of a hotel or motel, etc. This does not include swimming pools.
  2. Public spas that are 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, and those spas that were previously exempted from the Regulation are required to have specific signage posted also.
  3. The required signage includes 2 caution signs:
  • The Public Spa Caution Notice outlined in subsection 19.1 (1) of the Regulation; and
  • A notice to use at your own risk and that the spa is not subject to the Regulation outlined in subsection 4.1 (2).

Please note a “hotel” means a hotel, inn, motel, resort, or other building or premises operated to provide sleeping accommodation for the public.

While these exempted public spas will no longer be routinely inspected for compliance with the Public Pools Regulation, Durham Region Health Department (DRHD) will continue to have the authority to conduct complaint-based inspections of these public spas for potential health hazards and to ensure signage is posted. All owner/operators will also continue to be responsible for ensuring that the public spa is operated in a safe manner that protects public health for all users.
It is recommended that owners/operators notify the DRHD and confirm whether the spa falls under the regulatory exemption.

Additional information:

  • Non-Regulated Public Spas Summary Sheet - Ministry of Health - October 28, 2022;
  • Public Spas Exemption - Questions and Answers

View Ontario Regulation 565/90

Complete our online notification of intent to open a public pool, spa or Class C facility form

Recreational water facilities and COVID-19
Please see our Community Reopening Toolkit for information intended to provide guidance to residents and businesses to prepare for safe reopening of our community.

Swimmers

Public health inspectors visit public pools many times a year to check that they are safe for you and your family to use.

Public pool safety

Public pools are used by many people at the same time. This can increase the chances of getting an infection or an injury.

Things that you can do to make sure you are safe

  • You should be able to see through the water.
  • Can you see the black disk or main drain at the bottom of the pool? If you cannot see the black disk or main drain clearly, do not use the pool and tell the operator.
  • Find out where the safety equipment and the emergency telephone are located.
  • Shower before getting in the pool.
  • If your children are not toilet trained, they should be wearing diapers. Tell older children to use the washroom before getting in the pool.
  • Encourage safe swimming.
  • Use a lifejacket for children under six years old. Children who cannot swim should also wear a lifejacket whenever they are in or around a pool. Remember, to stay close to your children even if they are wearing a lifejacket. Keep your children within arm's length at all times.
  • Never leave children by themselves. Drowning can happen silently and within seconds.
  • Send children to swimming lessons and teach them to swim with a friend.
  • Be a good role model and follow safety rules posted at the pool. This includes no food or drinks, no glass containers, and no rough or loud play.
  • Do not play or swim near drains. The drains may trap your body, body parts, hair, jewelry or other objects. This can result in serious injury or death. People with long hair should be careful of these hazards.
  • Ask a lifeguard if you have any questions or concerns. Report any safety hazards such as glass, items with sharp edges, etc.
  • Listen to the lifeguard.
Pool fouling

Pool fouling is when pool water is contaminated with blood, vomit or feces. There may be germs in the water that can make you sick. In most cases the pool has to be closed to clean the pool water. A staff member will tell swimmers to leave the pool until the cleanup is finished.

Admission standards
  • Every public pool in Ontario has signs posted letting bathers know how many swimmers each parent or guardian can watch at one time. These signs are called admission standards. If you are unsure of how many children you can watch while using a public pool, please talk to a lifeguard or call the Health Department.
  • Children under six years old must always have a parent or guardian watching them. The parent or guardian can only watch two children who are less than six years old at a time.
  • A parent or guardian must watch all children less than 10 years old who cannot swim. The guardian must be at least twelve years old and cannot watch more than four children at a time.
  • Children between six and nine years old can swim alone if they pass a swim test.
  • Parents or guardians have to be in the pool with the children.

Public spa safety

  • How clear is the water? You should be able to see the main drain clearly. If you cannot see the main drain, do not use the spa and notify the operator
  • Find out where the safety equipment and emergency telephone are located.
  • Shower before getting in the spa.
  • If you notice anything wrong with the spa like broken glass or a loose drain cover do not use the spa and notify the operator.
  • Be a good role model and follow safety rules.
  • Do not play or swim near drains. The drains may trap your body, body parts, hair, jewelry or other objects. This can result in serious injury or death. People with long hair should be careful of these hazards.
  • Do not allow your children to use the spa unless you are with them.

Splash pads and wading pool safety

Splash pads

Splash pads are small water parks for younger children and their guardians. Children should be watched at all times.

Splash pad safety

  • Children must be watched at all times.
  • No running.
  • No glass containers.
  • No food on the splash pad.
  • No skateboards, roller blades or bikes on the splash pad .
  • Leave splash pad and surrounding areas clean; deposit garbage in garbage cans.
  • No pets on the splash pad.
  • Do not use splash pads during times of bad weather.
Wading pools

Wading pools are shallow pools for younger children and their guardians. Children should be watched at all times.

Wading pool safety

  • The wading pool water should be clear. You should be able to see the bottom.
  • If you cannot see the bottom, do not use the pool.
  • Check for safety hazards in and around the wading pool (e.g. glass, sharp edges).
  • Do not use the wading pool if the drain cover is broken or missing.
  • When possible, follow the six "PLEAs" for healthy swimming.
  • Do not allow your children to sit or play near the drain cover.
  • Watch your children at all times and stay within arm's reach. Drowning can happen quickly and without any warning.

Private homeowners

Short-term residential swimming pool rentals by private homeowners

A residential pool used for swimming lessons or rental purposes is considered as a recreational water facility under Ontario Regulation 565-Public Pools. Property owners of back yard pools used for swimming lessons or rentals must ensure that their pool or spa (hot tub) complies with the requirements of Ontario Regulation 565-Public Pools. There may also be requirements for pools and spas used as recreational water facilities under local municipal by-laws or the Ontario Building Code. Property owners of backyard pools and spas who wish to use their pool and/or spa (hot tub) for swimming lessons or rentals are advised to first contact their local municipality for any relevant requirements. Property owners can also contact Durham Region Health Department at 905-668-2020 or 1-800-841-2729 for information on the requirements of Ontario Regulation 565-Public Pools.

Please see the Ontario Ministry of Health’s statement on the short-term residential swimming pool rentals by private homeowners.

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