The application of provincial public pool and spa regulations in Ontario seemingly reveal a random pattern, highlighted recently when a Haliburton-based resort had to shut down its private-use hot tubs in response to local health unit orders.
The Haliburton, Kawartha, Pine Ridge District (HKPR) Heath Unit ordered Buttermilk Falls Resort to shut down five hot tubs, accessible to renters of its private suites, since it did not carry drowning safety equipment, an emergency landline and shower facilities, among a few other infractions.
According to CBC, owner Stephen Orr of this Buttermilk Falls Resort commented, “It’s kind of crazy. [The tubs] are incredibly safe … why are they putting a whole bunch of additional [safety measures] in that really don’t apply?”
Orr, who added the weight of these restrictions will bring down his yearly business by nearly 25 per cent, also said these pre-existing rules have not been enforced in neighbouring jurisdictions.
The Tourism Industry Association of Ontario says the HKPR Health Unit is the only one it knows of applying the public pools and spas regulation in this way.
Simcoe-Muskoka District Health Unit, which regulates another neighbouring, tourism-heavy part of the province’s cottage country, said it does not enforce the regulation on private spas within rental units intended for the sole use of the occupants.
Bernard Mayer, manager of environmental health at HKPR Health Unit, said hot tubs at resorts fall in the gamut of the provincial public pool and spa regulations—which typically apply to large public pools with communal hot tubs. He explained the health unit only found out about these resort hot tub breaches recently when an order was issued to one of the properties last year. The unit is currently investigating other resorts for failing to comply with pool and public spa rules under the Health Protection and Promotion Act.
Haliburton’s Lakeview Motel recently appealed its order to the Health Services Appeal and Review Board, arguing private-use hot tubs were not the same as public spas, since they were only accessible by guests at four specific units. The rules have an exemption for properties having five or less suites. The review board endorsed the order on the basis there were a total of 14 “dwelling units” at Lakeview Motel.
Mayer said the number of people who use, or have access to, a hot tub is not the issue.
“[The regulation] is based on the number of rooms and suites within the property that’s available for rent,” he said.
Ontario’s Ministry of Health, when asked to shed a light on the regulations scope, only issued a statement saying the application of these provincial regulations and inspections was local public health unit’s responsibility.
