Industry update on Ontario s Public Pools and Recreational Camps Regulations under the Health Protection and Promotion Act Health Improvement Policy and Programs Branch July 24, 2018
Purpose: To update industry partners on the regulatory changes and implementation of the Public Pools Regulation 565 and Recreational Camps Regulation 503/17, under the Health Protection and Promotion Act. Agenda: Introductions Overview of Key Changes Questions and Answers Discussion 2
Implementation Ontario s 35 public health units (PHUs) are mandated to implement, monitor and enforce the new regulations under the Health Protection and Promotion Act. A key theme that has resonated across the training sessions and in the development of resources is: Promoting communications and positive relationships between operators and public health inspectors (PHI) Training and Education activities include: Industry webinar in May 2018 leading up to the implementation of the new regulations. Resource development and training for PHIs, operators (i.e. webinar materials, Q s and A s, fact sheets, etc.). 3
Modernized Public Pools Regulation Reg. 565 (amended) 4
Regulatory Change Description Operation Posting of inspection results by operators in accordance with inspector s request All pool and spa operators shall be trained in the operation of the pool/spa. Class B pool may be operated as a Class A pool under certain conditions Signage Pool operators may provide other information or photos, to ensure the health and safety of those using the pool Water Parameters Upper limits added (slide 7) Testing, Monitoring and Recording Frequencies Operational checks dependent on presence of automatic sensing device (slide 8) 5
Public Pools Regulation: Requirements Water chemistry parameters: Parameter (where applicable) Levels Alkalinity 80-120ppm ph 7.2-7.8 FAC for a pool FAC 0.5-10.0ppm FAC for a pool with cyanuric acid FAC 1.0-10.0ppm Bromine for a pool 2.0-4.0 ppm FAC for a spa 5.0-10.0ppm Bromine for a spa 5.0-10.0ppm ORP 600-900mV Cyanuric acid Max. 60ppm Frequency of operational checks for record keeping: Operational Check Frequency Water clarity 30 minutes prior to opening + Spa water temperature every two hours Alkalinity or ph 30 minutes prior to opening + FAC/TC every four hours with Bromine automatic sensing device ORP Daily Cyanuric acid Weekly Outlet covers 30 days Emergency stop button 30 days GFCI test button Min. 30 days or more often if manufacturer directions state Emergency phone test Daily 6
Modernized Public Pools Regulation: New Requirements Water Parameters and Testing, Monitoring and Recording Frequencies 8:30 am (30 min. prior to opening) 10:30 am 12:30 pm 2:30 pm 4:30 pm Automatic sensing device Manually determine and record parameters n/a Record parameters n/a Record parameters No automatic sensing device Manually determine and record parameters Manually determine and record parameters Manually determine and record parameters Manually determine and record parameters Manually determine and record parameters This requirement has been streamlined for operators of both public pools and spas in Reg. 565 Every operator of a pool and spa shall manually test and record the required parameters specified in Reg.565, 30 minutes prior to operating. Following the initial manual testing, operators with an automatic sensing device must determine the parameters a minimum of once every four hours. Operators who do not have an automatic sensing device shall manually determine and record the operational tests of the required parameters a minimum of every two hours. 7
Regulatory Change 8 Description Class C facilities Defined in Regulation 565 as: 1. A public wading pool. 2. A public spray pad or public splash pad. 3. A water slide receiving basin that serves solely as a receiving basin for persons at the bottom of a water slide. Spray/splash pad water disinfection and filtration requirements dependent on if the system is recirculating or non-recirculating: Recirculating: water shall be filtered and disinfected as approved by the local medical offer of health or public health inspector Non-Recirculating: operators are to ensure water is free from contamination and maintained free from visible matter that may be hazardous to health or safety of bathers Supervision at Class C Facilities: Wading pool attendant (age not defined in regulation) Signage for guardian supervision for spray/splash pads: Parents or guardians to supervise children at all times when using the spray/splash pad
Regulatory Change Spa safety equipment Description Emergency stop button: Section 26. (1) Every owner of a public spa and, if applicable, every owner of a public pool shall ensure that all pumps used in the operation of the spa or pool are capable of being deactivated by an emergency stop button The requirement states if applicable, to include public pools that were built after this requirement was added to the Ontario Building Code. If an operator has updated their public pool to include this feature, then the inspection is applicable, and the requirement will apply Requirements for public spas vs. public pools: In the modernized Reg. 565, if a type of facility (e.g. pool or spa) is not named in a requirement, the requirement is not applicable to that type of facility. The requirements in the regulation are minimum requirements, and operators who wish to go beyond the regulatory requirements may do so. 9
Regulatory Change Description Safety equipment Buoy line: Class B pools are now required to also have a buoy line in places conveniently available for emergency use where the pool is in operation and has a slope greater than 8%. The Ontario Building Code requires pools with a slope of greater than 8% be equipped with the fittings for a safety buoy line. Ground current leakage detecting devices: Frequency adjusted to the more frequent of once a month, or as per manufacturer s directions. First aid kit: Flexibility to determine appropriate quantities of supplies specific to the facility needs Frequency of inspection for additional safety related equipment At frequency determined by the public health inspector Where additional safety equipment is available, operators should develop a schedule to ensure regular 10 monitoring and maintenance of safety equipment.
Regulatory Change Supervision: Admission Standards Description Class A pools are now required to have a process in place to ensure guardian supervision of children under 10 years of age. The intent of this requirement is to: Require guardian (e.g., parent/caregiver) supervision of young children, who are at the greatest risk of drowning, at a Class A pool. Improve the ability of lifeguards to provide overall pool supervision and reduce the risk of drowning deaths and injuries. Provide minimum mandatory requirements for Class A pools to have a process in place to ensure guardian supervision of children under 10 years of age that includes a swimming competency test and a method of communicating the requirements of the process. Pool operators may consult with aquatic industry experts such as Lifesaving Society and Canadian Red Cross on best practices (e.g., standardized swim competency tests) to meet the requirements of the regulation based on their facility. 11
Regulatory Change Lifeguard and Assistant Lifeguard Certification Description Lifeguard certificate and assistant lifeguard certificate now include certificates issued by the Lifesaving Society, Canadian Red Cross or an equivalent certificate that is approved by the Minister of Health and Long-Term Care Aquatic Instruction Instructor Certification Updated requirements for exemption from lifeguard supervision ratios during instructional use of the pool NCCP is accepted as an aquatic instructor certificate 12
Provincial Offences Act The Provincial Offences Act (POA) includes provincial offence notices (tickets) for infractions under Reg. 565. The POA regulation, Schedule 39 includes short form wording and set fine amounts have been approved by the Court based on the severity of the infraction. For example: Fail to ensure all surfaces of spa walls free from potential hazards ($55.00) Fail to ensure public pool water clear enough to permit lifeguard to continuously see black marking on bottom of the pool ($465.00) Specific set fine amounts associated with Reg. 565, can be found on the Provincial Offences Act website of the Ontario Court of Justice: http://www.ontariocourts.ca/ocj/how-do-i/set-fines/changes-to-theconsolidated-set-fine-schedules/schedule-39-2018-07-01/ 13
14 Questions and Answers
Questions and Answers Question 1: If a wave action pool does not have ability to conduct a swim competency test, can they treat all swimmers under 10 as non swimmers and require that they wear lifejackets? Answer 1: For site-specific processes, it is encouraged that operators speak to industry experts such as Lifesaving Society and Canadian Red Cross to determine a site plan that is appropriate for the facility. In cases where a traditional swim test is not possible due to lack of an appropriate pool for testing, an operator should discuss with their local public health unit about meeting the test requirement by requiring all children under 10 to wear lifejackets with guardian supervision. *Note, this does not remove the requirement for guardian supervision. 15
Questions and Answers Question 2: Is an individual who holds a current National Coaching Certification Program Certification (NCCP) from an aquatic sport recognized as a certified aquatic coach for the purposes of section 17(17) of Reg. 565? Answer 2: An individual who holds a current NCCP certification from one of the aquatic sports swimming, diving, synchronized swimming, water polo would be acceptable as a certified aquatic instructor for purposes of Reg. 565. (The regulation does not specify the type of certification of an aquatic instructor required.) A pool is exempt from providing other lifeguards when the regulatory conditions are met and when the current NCCP-certified coach also holds a current assistant lifeguard or lifeguard certificate. Coaches may now hold an assistant lifeguard certification (previously they were required to hold a lifeguard certificate). However, where an aquatic coach does not hold a lifeguard or assistant lifeguard certification, the pool operator shall ensure a lifeguard is on duty on the deck during the aquatic instruction, practice or competition. 16
Discussion Questions Question 1: Are downloaded records of the chemical controller activities and readings accepted forms of record keeping, if they are printed and inserted daily into a log book? Discussion: Allowing downloaded records is specific to the public health unit s policy's and procedures. Downloaded records of chemical controller activities may be accepted if requirements of Reg. 565 are met and records are available for the public health inspector viewing. Records do not replace the need for operator presence at a facility and operator compliance with Reg. 565. Question 2: Are electronic copies of lifeguard and assistant lifeguard certificates accepted? Discussion: There is general consensus that electronic records are accepted for lifeguard/assistant lifeguard certificates. 17
Question 3: Are PPM readings required for an automatic sensing device? Discussion: As sanitizer residual has not been defined in the definition of automatic sensing device in the regulation, the allowance of ORP reading for an automatic sensing device is specific to each public health unit s inspection of the public pool or spa. The definition of automatic sensing device has not changed in the new regulation and existed in the previous Public Spas regulation since 2005. Question 4: What is the period of time allowed for an owner/operator to come into compliance with the revised regulations? Discussion: The revised regulations came into force on July 1 st, 2018. PHUs are working with operators to provide education on regulatory requirements. Enforcement actions are determined on a case-by-case basis, and severity of infractions. 18
Modernized Recreational Camps Regulation O. Reg. 503/17 19
Recreational Camps: Summary of New Requirements Definition of Recreational Camps recreational camp means a camp for recreational activities on a site in which sleeping and eating facilities are provided for temporary occupancy, with or without charge, for five or more persons who are under 18 years of age or persons who have special needs. Focus on Children + Youth + Special Needs Priority for Public Health and Safety Camp Safety Plans Camp operators are required to develop safety and emergency response plans based on their camp s activities and needs Proactive Approach Minimum Requirements in the Regulation 20
Supervision Requirements An adult supervisor with first aid training is required to be at the camp at all times. General supervision ratios of camp staff : campers Supervision procedures for land/water-based activities included in the safety plan Industry Standards Legislation Best Practices Adaptive to the Camp s Needs and Activities Waterfront Supervision Waterfront areas used for aquatic activities require designated swim areas to be supervised by lifeguards. Boating activities (i.e. canoeing, kayaking) Lifeguard Ratios are set in the Regulation Activity-based Ratios are in the Camp Safety Plan 21
Question 1. What are the supervision requirements for camp activities in the camp safety plan? Discussion: Recreational camp operators are required under Section 10 of the recreational camps regulation (O. Reg. 503/17) to create a camp safety plan. The regulation sets out the minimum requirements which includes supervision ratios for all activities offered at the camp. When determining staff to camper ratios, operators can refer to Ontario Camps Association or the Child Care and Early Years Act, 2014 for examples and guidance. This approach allows operators to customize their camp safety plan and supervision ratios based on the individual needs of the campers and the camp facilities. 22
Question 2: If a recreational camp does not have a shallow area to conduct a swim test, how can they ensure compliance with the regulation? Discussion: Swim test requirements should be set out in the camp safety plan. If there is not a shallow area to conduct swim tests, the operator is encouraged to work with their local medical officer of health or public health inspector to determine the best approach for their camp. 23