Public spas (hot tubs) operated in conjunction with an individual dwelling unit or suite at a hotel for exclusive use by guests are exempt from
Ontario Regulation 565/90 provided cautionary signs are posted. This can include an in-suite hot tub or a hot tub on a private balcony/deck. Public spas such as those operated at a hotel with fewer than six dwelling units or suites for use by guests and their visitors are also exempt from Regulation 565 provided cautionary signs are posted.
Please note that a “hotel” is defined under the regulation as a hotel, inn, motel, resort or other building or premises operated to provide sleeping accommodation for the public.
Owners/operators of an exempt spa are required to post the following cautionary sign in a conspicuous location near the spa:
- A caution sign indicating to use the spa at your own risk and the spa is not subject to Ontario Regulation 565 Public Pools; and
- The public spas caution notice sign, as outlined under subsection 19.1(1) of Regulation 565, which provides further guidance on the proper use of a spa.
All owners/operators are still responsible and liable for ensuring that the exempt public spa is operated in a safe manner that protects the health of all users.
Although exempted public spas are not subject to routine inspection, public health units still have the authority to conduct complaint-based inspections for potential health hazards.
Public health units can also confirm cautionary signage is posted when at your place of business conducting inspections of other facilities such as but not limited to food premises, small drinking water systems and recreational water facilities.
For more information and to assist with answering questions, the following documents have been developed by the Ministry of Health:
