Hot Tubs and Hosepipe Bans (M017)

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1 Hot Tubs and Hosepipe Bans (M017) BISHTA advises its members that during a Temporary Water Use Ban (TUB) that hot tubs can continue to be filled / topped up with a hosepipe. This information is included in a joint statement finalised with Water UK and the Water Companies. The full version of the joint statement is included as Appendix A on the second page of this factsheet and covers both hot tubs, swim spas and swimming pools. During a TUB, there are a number of activities including the filling or topping up of existing swimming pools, paddling pools and swim spas that can be prohibited from using a hosepipe, or fixed plumbing, although the use of hand held containers, such as buckets would still be permissible. Under this legislation, it is interpreted that that swim spas will be treated as swimming pools. This means that (unlike hot tubs) they are covered by the TUB restrictions, but there are exemptions for filling where necessary during the course of construction applicable to swimming pools, which allows swim spas to be initially filled as part of the installation process. Please note that if there is a situation where the water levels seriously dip and an Ordinary Drought Order is successfully applied for, then prohibiting the use of water for the topping up of hot tubs will remain unchanged, but this would then be likely to be reviewed if an Emergency Drought Order is applied for. Members (and their swim spa customers) should be aware that Alternative Water Suppliers are available to purchase water from when there are TUBS in place. Alternative Water Suppliers (such as Water Direct, the UK s leading supplier) can abstract water from areas unaffected by water use restrictions and can be brought in by tanker to top up a swim spa. Costs for different sized vehicles will vary depending upon the location, with more remote sites potentially costing more than other areas. Prices are likely to be in the range of (inc VAT) depending on the volume of water required. For help or assistance with your specific enquiry please call or enquiries@water-direct.co.uk Members may decide to purchase their own bowser and if so, should be sure that they can safely transport the water themselves. BISHTA recommends that water is conserved wherever possible, without compromising the water quality or balance. Some suggestions for ways to conserve water include: Choose a hot tub or swim spa that is the right size for your needs. Keep a cover on the water surface whenever the hot tub is not in use to reduce evaporation (and cooling). Maintain lower water temperatures, to reduce evaporation. Reinforce the need to reduce the amount of water splashed out of the hot tub by users. 1 of 5

2 BISHTA will continue to liaise with Defra (the Department for Environment, Food and Rural Affairs), Water UK and the Water Companies to update this factsheet for members, when it is aware of any changes. BISHTA endorses the various messages from the Water Companies to use water wisely. BISHTA reminds its members that no responsibility can be taken by BISHTA, its employees or agents in respect of any errors or omissions from this factsheet and discussion with the relevant Water Company (or Companies) in your area is recommended, if there is any doubt about the advice being offered. Appendix A This document has been agreed between Water UK, the following Water Companies: Anglian Water; Southern Water, South East Water, Sutton and East Surrey, Thames Water, Veolia Central and Veolia South East and also with the British Swimming Pool Federation. It sets out our joint understanding and interpretation of the law relating to domestic swimming pools, swim spas and hot tubs when water restrictions are imposed. Introduction 1. Restrictions on the use of water supplied by water undertakers that may be imposed during a drought, are imposed first by way of a Temporary Use Ban (this is decided by the water undertaker) and then (if necessary) by way of a Drought Order (this is a Government decision following an application by the water undertaker). Temporary Use Bans (TUBs) 2. Water undertakers are authorised to impose TUBs by Section 76 of the Water Industry Act One of the categories of water use that may be prohibited by a TUB is filling or maintaining a domestic swimming or paddling pool It should be noted that there is no reference to a hosepipe here, so subject to the further clarification below, any means of using water to fill or maintain the pool is prohibited. 2 of 5

3 3. Some further clarification of this particular restriction can be found in the Water Use (Temporary Bans) Order 2010 (the TUBs Order). In particular, this includes the following definition of domestic swimming or paddling pool. A swimming or paddling pool, other than a pool that is being used for the purposes of a business, which is-- (a) in a building, or part of a building, used principally as a dwelling; or (b) on any land or in any building that is used or enjoyed in connection with a building, or part of a building, mentioned in sub-paragraph (a). 4. The TUBs Order also provides that the following are not to be treated as falling within the domestic swimming pool/paddling pool prohibition: (a) Filling or maintaining a pool where necessary in the course of its construction; (b) Filling or maintaining a pool using a hand-held container which is filled with water drawn directly from a tap; (c) Filling or maintaining a pool that is designed, constructed or adapted for use in the course of a programme of medical treatment; (d) Filling or maintaining a pool that is used for the purpose of decontaminating animals from infections or disease; (e) Filling or maintaining a pool used in the course of a programme of veterinary treatment. (f) Filling or maintaining a pool in which fish or other aquatic animals are being reared or kept in captivity. 5. The definition of domestic swimming or paddling pool does not encompass hot tubs. The Department of Environment Food and Rural Affairs (Defra) has made it clear that hot tubs are to be regarded as a bathing facility. As such, they are not covered by TUBs. Please note that Jacuzzi is the registered trade name of a specific manufacturer and should not be mistaken for a generic name for hot tubs. 6. TUBs restrictions continue to be in force during a Drought Order, unless the undertaker decides to vary or revoke them. 3 of 5

4 Drought Orders 7. If a water company believes that water saving measures beyond those authorised by a TUB are required, it may apply to the Government for a Drought Order. The application is made to Defra, in a process taking up to ten weeks and which may include a public hearing. If granted, the decision on whether to implement these further water saving measures will be taken by the companies depending on the weather and water resource situation. 8. Under an Ordinary Drought Order, a prohibition may be imposed on the use of water to fill or maintain a swimming or paddling pool other than a domestic swimming or paddling pool. This is one of the categories of use that may be included because it is authorised by the Drought Direction of Consequently, the combined effect of a TUB and Drought Order that incorporate the relevant restrictions is that all swimming and paddling pools will be covered by the prohibitions except to the extent that there is specific provision which allows certain types of use. 9. The Drought Direction provides that the following are not to be treated as falling within the prohibition covering non domestic swimming and paddling pools. (a) Filling or maintaining a pool that is open to the public; (b) Filling or maintaining a pool where necessary in the course of its construction; (c) Filling or maintaining a pool using a hand-held container which is filled with water drawn directly from a tap; (d) Filling or maintaining a pool that is designed, constructed or adapted for use in the course of a programme of medical treatment; (e) Filling or maintaining a pool that is used for the purpose of decontaminating animals from infections or disease; (f) Filling or maintaining a pool that is used in the course of a programme of veterinary treatment; (g) Filling or maintaining a pool in which fish or other aquatic animals are being reared or kept in captivity; (h) Filling or maintaining a pool that is for use by pupils of a school for school swimming lessons. 10. The Drought Direction includes further provision as to the meaning of open to the public in the context of 9a) above. It provides that a pool is not open to the public if it may only be used by paying members of an affiliated club or organisation. In some cases, pools that would otherwise be open to the public, may exclude the public (other than in a spectator capacity) for say a competitive event. However, it is submitted that this, in itself, does not bring them outside of the description open to the public and that they are therefore not included within a restriction under an Ordinary Drought Order. 4 of 5

5 11. Should it be necessary to apply for an Emergency Drought Order, then subject to Secretary of State consent, water undertakers are able to impose whatever additional restrictions they think fit. Consequently, the various exemptions referred to above for both domestic and non-domestic pools would not necessarily apply. Notes 12. Our joint interpretation of the legislation is that swim spas should be treated as swimming pools. This means that (unlike hot tubs) they are covered by the applicable TUB and Drought Order restrictions. The exemptions for filling where necessary during the course of construction (see paras 4 and 9 above) should be interpreted as allowing a swim spa to be filled once as part of the installation process. 13. For swimming pools, major refurbishment should be treated as equivalent to construction. Major alterations to shape or size, or to the immediate surroundings of the pool, repairs of significant leaks or the installation of a complete new liner would qualify in this category. Minor repairs, such as the replacement of tiles would not qualify. Ideally, water from the pool to be refurbished / repaired should be retained in a temporary structure, subject to any space restrictions on site and depending on the suitability of the water being retained. 14. The restrictions on filling pools, except as specifically permitted, apply both to pool owners and to their agents or companies providing a service, even where an existing service or maintenance contract is in place. For the avoidance of doubt, pools may be topped up by handheld containers filled directly from a tap. Owners should consider fitting pool covers to minimise evaporation losses and hence the need for topping up the pool water. 15. Backwashing of swimming pool filters is not covered by these powers; it is the topping up of the pool to replace lost water that is covered. [UKWIR Code of Conduct Figure 5.6, page 42] 16. Restrictions on water use, whether under a TUB or a Drought Order, apply to all potable (drinking) water supplied by the water company concerned. It may be possible for water to be obtained from another supplier and transported by bowser. 17. The BSPF recognises the extensive nature of any drought affecting any part of the UK and is therefore keen to play its part in working with the Water Companies to promote water conservation messages. The BSPF calls upon the members of SPATA and BISHTA (as well as other pool and spa companies in the industry) to practice water efficiency across their business operations. 18. The swimming pool and spa industry has a number of significant concerns relating to the viability of their industry and the safety and integrity of the pools for which they are responsible. The water companies have agreed to meet with the industry in the near future to understand and consider the concerns raised. 14 January of 5