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OBC DIVISION B · PART 3 · SECTION 3.12 — PUBLIC SPAS

What counts as a public spa or hot tub under the Ontario Building Code?

A public spa is a hydro-massage pool or hot tub containing heated, recirculated water intended for use by the public or by users of a shared facility such as a hotel, condo, gym or resort. A private hot tub at a single dwelling is excluded.

Code reference
Section 3.12 applies to public spas, meaning hydro-massage pools not drained and refilled after each use, containing controlled heated water with recirculation, intended for communal or public use. It captures spas in hotels, apartment and condominium amenity areas, clubs and similar facilities, while spas serving a single private dwelling fall outside the section.
OBC Division B, Section 3.12 (Public Spas)

Paraphrased for clarity — open this provision in the BUILDAiD Library for the exact wording.

What this means in practice

As with public pools, the practical test is shared use: a hot tub in a condo amenity room or hotel pool deck is a public spa even when restricted to residents or guests. Section 3.12 is an Ontario-specific addition without a National Building Code counterpart, introduced alongside amendments to O. Reg. 565 that brought spas under public health oversight. Expect both a building permit review under 3.12 and a public health operating inspection. Classifying a shared amenity hot tub as residential equipment is a common and costly early-design error.

Plain language

If a hot tub or whirlpool is shared, in a hotel, condo building, gym or resort, Ontario treats it as a public spa with its own construction and safety rules. The hot tub in your own backyard is not covered by these rules.

Related questions

What safety features does a public spa need under the Ontario Building Code?What are the water treatment and recirculation requirements for public spas in Ontario?What emergency provisions must a public spa have in Ontario?

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This page is provided for general information. Building code requirements depend on your specific project, occupancy and municipality, and code editions change. Always verify requirements against the current Ontario Building Code and confirm with your local building department.