Spa Pool Regulations: What Every Owner and Operator Needs to Know

If you own or manage a spa pool or hot tub, whether in a commercial setting like a hotel or as part of a holiday rental, you have legal responsibilities to ensure its safe operation. Understanding these regulations is not just about compliance; it’s about protecting the health and safety of your staff and users [6]. This blog post breaks down key legal requirements based on the HSE guidance.

The primary legislation to be aware of is the Health and Safety at Work etc Act 1974 (HSW Act), which places a duty on employers to ensure the health and safety of their employees and anyone else who might be affected by their business activities [6]. This includes the management and maintenance of spa pools. The Management of Health and Safety at Work Regulations 1999 (MHSWR) and the Control of Substances Hazardous to Health Regulations 2002 (COSHH) build on this further [7].

For business owners using domestic-type spa pools, such as in a holiday let or hotel room, you still have legal duties under the HSW Act [24]. The level of control should be proportional to the risk. However, privately owned spa pools for which there is no financial gain or business purpose, are not subject to the same regulations [25].

What are the key legal requirements?

Risk Assessment: You must conduct a thorough risk assessment to identify potential hazards and implement control measures [26]. This assessment should consider all potential risks, including microbiological, chemical, and physical hazards [27, 28].
Competent Advice: Ensure you have access to competent help and advice to apply health and safety legislation. If you are unsure on the requirements, seek out specialist support [29].
Control of Substances Hazardous to Health (COSHH): You must assess, prevent, or control the risks from hazardous substances, including legionella and other infectious agents [30]. This involves implementing appropriate control measures, such as disinfection and regular maintenance [31].
Written Control Scheme: Develop a written control scheme tailored to your specific spa pool system, detailing operational procedures, control methods, and emergency actions [32]. This should form part of your normal operating plan [33].
Record Keeping: Keep detailed records of your risk assessments, control schemes, monitoring activities and training [34]. These records must be available for inspection by enforcing authorities [9].

Who Enforces Spa Pool Regulations?

The Health and Safety Executive (HSE) and local authorities (LAs) enforce health and safety legislation [35]. HSE is responsible for designers, manufacturers, and installers, as well as premises such as factories, and local and national government buildings. LAs are responsible for enforcement in hotels, retail outlets, and private sports and fitness clubs [35].

Frequently Asked Questions (FAQs)

Does the Health and Safety at Work Act apply to domestic hot tubs?

No, the HSW Act does not apply to privately owned spa pools in domestic homes that are not used as part of a business activity [25]. However, you still have a responsibility to use and maintain it according to the manufacturer’s instructions.

What is a ‘competent person’ in the context of spa pool management?

A competent person has sufficient training, experience, knowledge, and other qualities to ensure they can carry out their duties safely and effectively [36, 37].

What does COSHH cover in relation to spa pools?

COSHH covers the risks from hazardous substances, including chemicals and biological agents like legionella [30]. It requires you to assess and control these risks.

How often should the risk assessment for a spa pool be reviewed?

The risk assessment must be reviewed regularly, especially when there are changes to the spa pool, the way it’s operated or used, or if new information on the risks becomes available [33, 37].

What happens if I fail to comply with spa pool regulations?

Failure to comply with health and safety regulations can result in enforcement action from the HSE or LA, including potential fines or prosecution [6, 35].

By understanding and adhering to these regulations, you can create a safe and healthy environment for everyone using your spa pool.