Categorization of aquatic facilities
For the public’s convenience, aquatic facilities are categorized according to access type. For instance, pools and hot tubs such as city-operated facilities that are fully open to the public are classified as ‘Public.’ Those operated by a condominium/apartment or hotel/motel, where only residents and their guests have access, are classified as ‘Restricted.’ Pools and hot tubs operated by schools, colleges, and universities are classified as ‘School.’ Further, the website provides detailed information about the inspection system and related infractions.
Additionally, the SwimSafe website provides key information for builders and renovators of public pools and hot tubs to assist them in the construction/renovation of a facility. By clicking on the appropriate tab, visitors can access a pamphlet that contains useful information necessary for construction/renovation of an aquatic facility. Similarly, pool and hot tub operator manuals, developed by TPH for the purpose of assisting operators achieve compliance with the regulations, are also easily accessible online.
To further assist owner/operators of aquatic facilities, TPH has developed two posters as guidelines focusing on the main categories of the most common infractions which result in conditional pass or closure. The intent of these posters is to familiarize pool and hot tub operators with these main issues in an effort to reduce or eliminate such infractions.
In May 2015, city council authorized the posting of the colour-coded inspection notices by adopting Municipal Code Chapter 520. This legislation requires owners of public pools and hot tubs “to post in a conspicuous place clearly visible to members of the public prior to their immediate entry to the pool or spa (hot tub) deck, the most recent inspection notice issued by the Medical Officer of Health.” The code also requires these notices to be “posted at every entrance to the immediate pool or spa (hot tub) deck area if there is more than one entrance to that area.”
In October 2015, TPH inspectors started issuing these notices together with newly designed public pool and hot tub inspection reports. For the first three months, PHIs issued new inspection reports to familiarize and educate aquatic facility operators with the new process.
What determines a particular inspection notice?
The green (pass) inspection notice is issued by the PHI when a pool/hot tub is essentially in compliance with the appropriate regulation and where minor infractions are deemed not to have significant health and/or safety impacts. For example, a facility which is not keeping accurate records would be issued a pass.
The yellow (conditional pass) inspection notice is issued by the PHI when a pool/hot tub is not in compliance with the regulation and includes infractions that:
a) are likely to have health and safety impact; and/or
b) may become an imminent health and safety hazard if not mitigated in a timely manner.
Where the PHI issues a conditional pass it is incumbent upon the operator of the aquatic facility to mitigate the violations that resulted in the issuance of the yellow inspection notice within
24 to 48 hours. If such violations are not corrected within this timeframe, and upon re-inspection the violations are deemed by the PHI to have become an imminent health and safety hazard, then the PHI may issue a closure order along with the red (closed) inspection notice.
If an infraction is deemed by the PHI to be an imminent health and safety hazard which could result in serious injury or death, the PHI will issue a Section 13 closure order under the HPPA (verbally, on the inspection report, and also in writing) together with the red sign and the inspection report. Upon its receipt, it is incumbent upon the operator to ensure the facility is vacated immediately and corrective action is taken. The facility must be closed and placarded with the red (closed) inspection notice at all entrances. Further, it must remain closed and placarded until a re-inspection by a PHI deems it safe to reopen.
Municipal Code chapter 520 requires the inspection notices issued by the PHI, on behalf of the MOH, to be posted in a conspicuous location. Further, inspection notices cannot be obscured and/or altered in any way.
As part of the implementation of the new SwimSafe disclosure program, TPH modified the inspection reporting process to simplify it and make it consistent with the DineSafe food safety program. This allows seamless rotation of PHIs between each program.
