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What Step 3 Reopening Means for Indoor Recreation Facilities

In our July 12th blog post, we talked about the general changes that will be coming with Step 3 of Ontario’s “Reopen Roadmap,” which is set to go live on Friday, July 16th.

We wanted to take a deeper dive into certain areas that apply to condominiums, including indoor recreational amenities and indoor pools.

First, it’s important to recognize condominium corporations are generally responsible for meeting the reopening criteria that apply to condominiums’ common elements.  THAT SAID:  In our view, condominiums are not “businesses” (because condominiums are non-profit corporations responsible to control and manage the condominium’s common elements).  Therefore, certain obligations – applicable to “businesses” – do not, in our view, apply to condominiums.  But most other obligations do apply.

Indoor Recreational Facilities can reopen, with some restrictions

In Step 3, many indoor facilities, including fitness facilities, are allowed to open back up, with some requirements to be met. Indoor recreational amenities (such as gyms) are held to the same requirements as indoor fitness facilities.

There are several requirements for compliance with Step 3 of the reopen plan:

  • Only open to 50% capacity, and the capacity limit must be noted conspicuously (for instance, by way of a sign on the door to the amenity).
  • Individuals must maintain a 2-metre distance while using the amenity.
  • Washrooms, change rooms, and similar amenities must be cleaned and disinfected as “frequently as is necessary to maintain a sanitary condition”.  [Each condominium will need to develop a cleaning protocol that the corporation feels “makes sense” for their particular amenity.]
  • Equipment provided to users, including fitness machines, must be cleaned and disinfected with a similar frequency.  [This will also need to be covered by the cleaning protocol.]
  • Record the name and contact information of persons using the amenity.
  • Actively screen individuals entering the facility.  [This means that persons using a gym (or similar indoor recreational amenity) will need to answer a series of “Covid-19 screening questions” – perhaps through an on-line exchange or QR code – before each use (not unlike the questions asked and answered when we now enter a hospital).   SO:  For condominiums that open gyms (or other indoor recreational amenities), they will need to have some sort of “question and answer” protocol in place….for each user (and prior to each use).]

In addition, here are some recommendations for Step 3 of the reopening plan:

  • Do whatever you reasonably can to ensure that the amenity area is well ventilated.
  • Modify equipment placement/restrict the use of certain equipment to ensure 2-metre distancing. 
  • Consider restricting the number of permitted users at any time.  [For instance:  Depending upon the size of the amenity, “one at a time” or “no more than two at a time” may make sense.  And you may wish to consider a system for “booking” or “scheduling” uses.]
  • Have hand sanitizer with at least 60% alcohol content at the entrance to the facility.
  • Focus on cleaning high touch surfaces, including door handles and equipment.
  • Encourage users to wipe down each piece of equipment before and after use with a disinfectant wipe (to be readily available in the amenity).
  • Masks may be removed “to engage in an athletic or fitness activity.”

[We share more on general changes to mask requirements for condominiums here.]

In our view, the Regulation (for Step 3) is not clear in terms of opening saunas.  However, our conclusion (based upon Regulations applying to Shared Rental Accommodation) is that a sauna can be treated as an “indoor recreational amenity”, subject to all of the same requirements noted above.

Indoor Pools and Whirlpools can also reopen, with some restrictions

Under Step 3 of the reopening plan, indoor pools, splash pads, spray pads, whirlpools, wading pools, and water slides can reopen. Outdoor pools can remain open, as was permitted in Step 1.

Given that the Regulation does not explicitly address indoor pools, we’re considering them to fall within the category of “indoor recreational facilities,” meaning many of the requirements mentioned above, in relation to gyms, also apply to pools.

There are several requirements that must be met when reopening pools and water-based amenities under Step 3 of the reopening plan:

  • The amenity may only be open to 50% capacity.
  • Individuals must maintain 2-metres of distance in and out of the water.
  • Record the name and contact information of persons using the amenity.
  • Actively screen individuals entering the facility.  [This means that persons using a gym (or similar indoor recreational amenity) will need to answer a series of “Covid-19 screening questions” – perhaps through an on-line exchange or QR code – before each use (not unlike the questions asked and answered when we now enter a hospital).   SO:  For condominiums that open gyms (or other indoor recreational amenities), they will need to have some sort of “question and answer” protocol in place….for each user (and prior to each use).]

The further recommendations (from local health authorities) appear to target activities around the pool and water space, not the pool itself, as swimming pools are not a known spreader of respiratory illness.

Here are some recommendations for Step 3 of the reopening plan, in addition to the list above:

  • Map out exit and entry routes to manage traffic flow.
  • Clean and disinfect shared objects and those objects that are frequently touched, including lounge chairs, pool toys, doorknobs, etc.
  • Items that are not regularly in contact with chlorinated water should be disinfected every 4 hours.
  • Discourage the sharing of items that are difficult to clean and come in contact with the face, including goggles.
  • Recommend that individuals keep personal items to a minimum.

SO IN SUMMARY:   If a condominium decides to open an indoor pool, we recommend placing signs and arrows (on entry and exit routes, and perhaps on other travel routes) to control traffic flow; we recommend posting limits on the number of permitted users; we recommend that you establish a careful cleaning protocol; and we recommend that you consider passing and posting additional rules (for instance, about minimizing personal items and use of shared items in the pool area).  You may also wish to consider required “bookings” for use of the pool….to try to control the numbers and to minimize contact between users.

Although many amenities can be reopened, it does not mean that they are required to or should be reopened. We again encourage each condominium corporation to consider the decision to reopen these amenities and review and rely upon the regulation for any specific points of clarification.

Stay safe and stay tuned to Condo Law News to keep up to date on the latest developments on reopening Ontario!