San Benito County, CA Swimming Pools & Spas: Hot Tub Rules (2026)

San Benito County's zoning development standards, Section 25.07.013, expressly group spas with pools: 'Swimming pools/spas and other similar water features shall be fenced in compliance with the adopted Building Code.' The adopted Building Code incorporates the California Swimming Pool Safety Act, which defines a 'swimming pool' to include hot tubs, spas, and portable spas that contain water more than 18 inches deep. That means a permanently installed spa or hot tub is generally subject to the same barrier and safety-feature framework as a pool. The key practical difference, provided by state law, is the cover exception: a hot tub or spa equipped with a locking safety cover that complies with ASTM F1346 does not require the standard 60-inch enclosure. For spas that rely on a barrier instead of a cover, the enclosure must meet the same 60-inch height, two-inch ground clearance, four-inch gap, and self-closing, self-latching gate rules as a pool barrier. Whether a building permit is required for a particular spa or hot tub depends on its construction and electrical work; owners should confirm permit requirements with the Resource Management Agency's Building & Code Enforcement Division. Electrical bonding and GFCI protection for the spa are governed by the adopted California Electrical Code.