Hot Tub Rules: Apex vs Cary
How do hot tub rules rules compare between Apex, NC and Cary, NC?
Apex and Cary have similar restriction levels.
Apex, NC
Wake County
Hot tubs and spas in Apex are treated as pools under NC Residential Code Appendix V (2018) / Appendix NC-A (2024) and require Wake County building and electrical permits when they hold more than 24 inches of water. Spas and hot tubs with a safety cover that complies with ASTM F1346 are exempt from the barrier provisions of Appendix V (AV105.5). Decks supporting a hot tub or spa require engineer-stamped plans verifying load capacity (Wake County). Apex UDO Sec. 8.2.7.A.4.b requires any chain link around a residential hot tub or spa to be vinyl coated in black, brown, or dark green.
View full Apex rules →Cary, NC
Wake County
Wake County requires building AND electrical permits for hot tubs and spas that can hold more than 24 inches of water. Hot tubs with locking, secured covers may meet the barrier requirement without a separate fence under NC Residential Code Appendix V.
View full Cary rules →Key Facts Comparison
| Fact | Apex | Cary |
|---|---|---|
| Permit Threshold | Hot tubs/spas holding more than 24 inches of water | - |
| Required Permits | Wake County building and electrical permits | - |
| Safety Cover Exemption | ASTM F1346 cover exempts spa/hot tub from barrier (AV105.5) | - |
| Without Cover | Must have 48-inch barrier per AV105.2 | - |
| Deck Support | Engineer-stamped plans required (Wake County) | - |
| Electrical Bonding | NEC Article 680, enforced by Apex Inspections | - |
| Chain Link Color | Vinyl coated black/brown/dark green (Sec. 8.2.7.A.4.b) | - |
| Inspections Contact | Apex Building Inspections (919) 249-3418 | - |
| Depth trigger | - | >24 inches |
| Safety cover | - | ASTM F 1346 |
| GFCI | - | NEC 680.42 |
| Deck engineer | - | Required |
| Disconnect | - | 5 ft from tub |
Highlighted rows indicate differences between cities.
Apex FAQ
Do I need a fence around my hot tub in Apex?
Not if the hot tub is fitted with a safety cover that complies with ASTM F1346 - AV105.5 of NC Residential Code Appendix V states such spas and hot tubs 'shall be exempt from the provisions of this appendix.' Without an ASTM F1346 cover, the hot tub must be enclosed by a 48-inch barrier meeting AV105.2.
Do I need a permit to install a hot tub in Apex?
Yes. Wake County requires both a building permit and an electrical permit for any hot tub or spa that holds more than 24 inches of water. Inspections are performed by Apex Building Inspections at (919) 249-3418, including verification of NEC Article 680 electrical bonding.
Can I put my hot tub on my existing deck?
Only if the deck is engineered to carry the load. Wake County requires that 'Decks supporting hot tubs/spas need engineer-stamped plans verifying load capacity.' A typical filled hot tub plus occupants can exceed 100 pounds per square foot, well above standard deck load.
Cary FAQ
Can my hot tub cover replace a fence?
Yes — a locking safety cover meeting ASTM F 1346 satisfies the barrier requirement under NC Residential Code Appendix V.
Does my deck need an engineer's letter?
Yes for any new or modified deck supporting a hot tub. The letter must verify the deck supports the filled tub plus occupants.
Can I plug it into an outlet?
Generally no — most spas require a dedicated 240V GFCI circuit installed under permit. Plug-in 110V models still require GFCI compliance.
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