BCA wording spells danger for portable spa industry

A confusing section of the Building Code of Australia 2011 has raised concerns about possible serious effects for the portable spa industry.

The controversy has arisen out of the BCA’s energy efficiency stipulations for the swimming pool and spa industry “3.12.5.7 – Heating and pumping of a swimming pool or spa pool” – leading the industry to ask that it be reworded to avoid possible dire consequences for the portable spa industry.

It appears that the section is intended to relate to in-built spa pools over 680L, prohibiting the use of electrical resistance heating. It is common for in-built spas to be heated via the same systems used for the swimming pools or supplemented by gas.

However, industry representatives have expressed serious concern that the wording might be interpreted by state jurisdictions to preclude the use of electrical resistance heating in portable spas.

If this were the case, it could have serious and presumably unintended consequences for the portable spa industry which is predominantly geared for heating by electrical means.

Despite the fact that the BCA is a code intended to regulate construction materials and methods and should not logically have any bearing on portable appliances, there is the potential for a misreading by state regulators. If this were to occur, it could have serious negative consequences for the portable spa industry.

Brendan Watkins, CEO of SPASA Victoria, says he is very concerned about possible misinterpretation of the document.

“It is clear from our discussions with Victorian Building Commission officials that the new regulations were never meant to target portable spas,” Watkins says. “However we are still very concerned about the wording used.”

Watkins says that SPASA Victoria is working closely with the key stakeholders at both State and Federal level to ensure there are no unintended consequences arising from these changes to the code, and that SPASA offices in all states are collaborating to ensure a consistent approach is adopted nationwide.

“We have advocated that industry be consulted immediately on the appropriateness of the regulations in light of their unintended consequences,” he says. “We also promote a closer working relationship with government on alternative measures for improved energy efficiency outcomes, more likely to be achieved through the introduction of energy ratings for portable spas”

It is understood that the issue was originally considered in the 2009 Wilkenfeld Report entitled “Swimming pools and electric space heating – the case for coverage by the Building Code of Australia”, prepared for the Australian Building Codes Board (ABCB). The report specifically excluded portable/fully-assembled/stand-alone spas from this prohibition. The 2009 ABCB Regulation Impact Statement (RIS) on this issue did not propose banning electrical resistance heaters for fully-assembled/stand alone spas either.

SPASA Victoria has requested urgent action to relevant Victorian and Federal ministers (in particular, Greg Combet, Minister for Climate Change and Energy Efficiency) and the Chair of the Australian Building Codes Board.

SPASA wants them to intervene to ensure that proposed amendments to the Building Code of Australia relating to spas are placed on hold until a better regulatory outcome can be achieved.

There is more on this story in the April-May issue of SPLASH!, due out on April 19.