Application for Registration - Public Swimming Pools & Spa Pools

Public Health Act 2010

Part 3 Environmental Health; Division 3 Control of public swimming pools and spa pools

34 Definitions (cf Swimming Pools Reg, cl 4)

In this Division:

prescribed operating requirements means requirements prescribed by the regulations with respect to the operation of a public swimming pool or spa pool.

public swimming pool or spa pool means a swimming pool or spa pool to which the public is admitted, whether free of charge, on payment of a fee or otherwise, including:

(a) a pool to which the public is admitted as an entitlement of membership of a club, or

(b) a pool provided at a workplace for the use of employees, or

(c) a pool provided at a hotel, motel or guest house or at holiday units, or similar facility, for the use of guests, or

(d) a pool provided at a school or hospital,

but not including a pool situated at private residential premises.

spa pool includes any structure (other than a swimming pool) that:

(a) holds more than 680 litres of water, and

(b) is used or intended to be used for human bathing, and

(c) has facilities for injecting jets of water or air into the water.

swimming pool includes any structure that is used or intended to be used for human bathing, swimming or diving, and includes a water slide or other recreational aquatic structure.

35 Operation of premises where public pools are situated

(1) If an occupier of any premises at which a public swimming pool or spa pool is situated fails to ensure that the prescribed operating requirements are complied with, the occupier is guilty of an offence.

Maximum penalty:

(a) in the case of an individual—100 penalty units, or

(b) in the case of a corporation—500 penalty units.

(2) The occupier of premises at which a public swimming pool or spa pool is situated must not allow a person to use the pool unless the occupier has caused notice of the pool’s existence to be given to the person prescribed by the regulations in the approved form and in the manner prescribed by the regulations.

Maximum penalty: 10 penalty units.

36 Disinfection and cleaning of public pools (cf Swimming Pools Reg, cll 5, 6 and 9)

(1) The occupier of premises at which a public swimming pool or spa pool is situated must not allow a person to use the pool unless the water in the pool is disinfected in such a way as to minimise the transmission of disease to the other users of the pool.

Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.

(2) The occupier of premises at which a public swimming pool or spa pool is situated must ensure that the pool surrounds, including any toilets or change rooms, are kept clean and in such condition as to minimise the transmission of disease.

Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.

(3) It is a defence to proceedings for an offence under this section if the defendant satisfies the court that the public swimming pool or spa pool was maintained in accordance with any standards prescribed by the regulations for the purposes of this section.

37 Pools subject to prohibition orders

The occupier of premises at which there is a public swimming pool or spa pool the subject of a prohibition order must display a copy of the order in a conspicuous place at or near each entrance to the premises concerned.

Maximum penalty: 10 penalty units.

Public Health Regulation 2012

Part 3 Control of public swimming pools and spa pools

14 Definition

In this Part, natural swimming pool means a swimming pool that only contains untreated water that is supplied directly to the pool from the ocean or other natural water source and that does not have a circulation system.

15 Prescribed operating requirements

For the purposes of Division 3 of Part 3 of the Act, the prescribed operating requirements for public swimming pools and spa pools (other than natural swimming pools) are the requirements set out in Schedule 1.

16 Disinfection standards

For the purposes of section 36 (3) of the Act, the requirements set out in Schedule 1 are the prescribed standards for public swimming pools and spa pools (other than natural swimming pools).

17 Director-General may order temporary closure of public swimming pools and spa pools

(1) The Director-General may, by order in writing served on the occupier of premises at which a public swimming pool or spa pool is situated, direct the pool to be closed for use by members of the public until the order is revoked if satisfied on reasonable grounds that the pool is a risk to public health.

(2) An order must be accompanied by a statement in writing of the reasons for the making of the order.

(3) A person on whom an order has been served must comply with the terms of the order while it remains in force.

Maximum penalty: 20 penalty units.

(4) A person on whom an order has been served must, while the order remains in force, display a copy of the order in a conspicuous place at or near each entrance to the pool.

Maximum penalty: 10 penalty units.

(5) The Director-General must, by notice in writing served on the occupier of the premises concerned, revoke an order if satisfied on reasonable grounds that the public swimming pool or spa pool in relation to which the order is in force is no longer a risk to public health.

18 Director-General may order pool disinfection or other action

(1) The Director-General may, by notice in writing, direct the occupier of premises at which a public swimming pool or spa pool is situated to disinfect the pool, or to take any other action, in accordance with the direction if satisfied that the pool is a risk to public health.

(2) An occupier of premises to whom a direction is given must not, without reasonable excuse, fail to comply with the direction.

Maximum penalty: 20 penalty units.

19 Notification of public swimming pools and spa pools

(1) For the purposes of section 35 (2) of the Act, the local government authority for the area in which the public swimming pool or spa pool is located is prescribed and the notice is to be in writing and is to be accompanied by the fee (not exceeding $100) determined by the local government authority.

(2) The occupier of premises at which a public swimming pool or spa pool is situated must notify the local government authority for the area in which the pool is located within 7 days of any change in the particulars provided to the authority in the approved form under section 35 (2) of the Act. No fee is payable for such a notification.

Maximum penalty: 10 penalty units.

(3) This clause does not apply to natural swimming pools.

20 Register of public swimming pools and spa pools

(1) Each local government authority is to maintain a register of public swimming pools and spa pools (other than natural swimming pools) in its area.

(2) The register must contain the following particulars relating to each public swimming pool or spa pool:

(a) the address and telephone number of the premises on which the public swimming pool or spa pool is located,

(b) the name and contact details of the occupier of the premises (including residential address, e-mail address and home, business and mobile telephone numbers),

(c) the Australian Business Number (ABN) or Australian Company Number (ACN) (if any) of the occupier of the premises,

(d) details of any inspections carried out by the local government authority for the purposes of the Act.

(3) A local government authority must on request make its register available for inspection without charge by the Director-General, a public health officer or an officer of the Ministry of Health authorised by the Director-General.

Public Health Regulation 2012

Schedule 1 Requirements for public swimming pools and spa pools (Clause 15)

1 Definitions

In this Schedule:

bromine disinfected pool means a public swimming pool or spa pool that is disinfected with bromine.

chlorine disinfected pool means a public swimming pool or spa pool that is disinfected with chlorine.

combined chlorine means chloramines.

free available chlorine means chlorine that is not combined with any other chemical compound.

oxidation reduction potential system (or ORP system), in relation to a bromine or chlorine disinfected pool, means an electronic system that monitors and controls water quality by measuring the oxidation reduction potential in the water.

total chlorine level of the water in a chlorine disinfected pool means the total of the concentration of free available chlorine and combined chlorine.

2 Temperature

The temperature of the water must not exceed 38 degrees Celsius.

3 Disinfection

(1) A pool must be fitted with an automated or a continuous metered disinfectant dosing system.

(2) A pool must be disinfected with chlorine or bromine.

4 Chlorine disinfected pools

(1) This clause does not apply to a chlorine disinfected pool that is equipped with an ORP system.

(2) Except as provided by subclause (3), the concentration of free available chlorine in the water in a chlorine disinfected pool must be equal to or greater than the following:

(a) for an outdoor public swimming pool—1.0 mg/L,

(b) for an outdoor public swimming pool in which cyanuric acid is used—3.0 mg/L,

(c) for an indoor swimming pool—2.0 mg/L,

(d) for a spa pool—2.0 mg/L.

(3) The concentration of free available chlorine in the water in a chlorine disinfected pool in which the water has a pH level greater than 7.6 must be equal to or greater than the following:

(a) for an outdoor public swimming pool—2.0 mg/L,

(b) for an outdoor public swimming pool in which cyanuric acid is used—4.0 mg/L,

(c) for an indoor swimming pool—3.0 mg/L,

(d) for a spa pool—3.0 mg/L.

(4) The concentration of combined chlorine in the water in a chlorine disinfected pool must not exceed 1.0 mg/L.

(5) The total chlorine level of the water in a chlorine disinfected pool must not exceed 10.0 mg/L.

5 Bromine disinfected pools

(1) This clause does not apply to a bromine disinfected pool that is equipped with an ORP system.

(2) The concentration of bromine in the water in a bromine disinfected pool must be equal to or greater than the following:

(a) for an outdoor public swimming pool—2.25 mg/L,

(b) for an indoor swimming pool—4.5 mg/L,

(c) for a spa pool—4.5 mg/L.

(3) The concentration of bromine in the water in a bromine disinfected pool must not exceed 9.0 mg/L.

6 Chlorine and bromine disinfected pools with ORP systems

(1) In a chlorine disinfected pool in which an ORP system is used, the oxidation reduction potential of the water must be at least 720 mV.

(2) In a bromine disinfected pool in which an ORP system is used, the oxidation reduction potential of the water must be at least 700 mV.

7 Levels of pH

The pH level of the water must be:

(a) in the case of a chlorine disinfected pool—between 7.0 and 7.8, and

(b) in the case of a bromine disinfected pool—between 7.0 and 8.0.

8 Testing of disinfectants and pH levels

(1) The disinfectant level and the pH level of the water in a bromine or chlorine disinfected pool with a continuous metered disinfectant dosing system must be tested manually once each day before the pool opens for use.

(2) The disinfectant level and the pH level of the water in a bromine or chlorine disinfected pool with an automated disinfectant dosing system must:

(a) be recorded each day once before the pool opens for use by the public and once during the period in which the pool is being used, and

(b) be tested manually once each day.

(3) The disinfectant level and the pH level of the water in a pool must be tested more frequently than provided for by subclauses (1) and (2) if the occupier of the premises at which the pool is situated considers it necessary, taking into account the number of people swimming in the pool at a particular time, the hours of operation of the pool, the depth of the pool and the effect of sunlight on disinfectant levels.

(4) In this clause, disinfectant level means:

(a) in the case of a bromine disinfected pool—the concentration of bromine in the water, and

(b) in the case of a chlorine disinfected pool—the concentration of free available chlorine and the total chlorine level of the water.

9 Alkalinity

(1) The alkalinity of the water must be between 80 mg/L and 200 mg/L.

(2) The alkalinity of the water must be tested once a day.

(3) However, if liquid chlorine (sodium hypochlorite) is used as a disinfectant in the pool or a carbon dioxide-based pH control is used, the alkalinity must be tested once a month only.

10 Ozone

(1) Ozone may be used in the circulation system of a pool but must not be present in the pool.

(2) If ozone is used in the circulation system of the pool, the pool must be tested once a week for the presence of ozone.

11 Cyanuric acid—outdoor chlorine disinfected pools

(1) Cyanuric acid may only be used in an outdoor chlorine disinfected pool and must not be used in a spa pool.

(2) If cyanuric acid is used, the concentration of cyanuric acid in the water must be tested once a week and must not exceed 50 mg/L.

12 Records

A record must be made, and kept for at least 6 months, of the results of any testing required under this Schedule.