Carmel's UDO Section 5.02(C)(7) regulates hot tubs together with swimming pools: the same ten-foot side/rear setback (or three feet from an easement) and four-foot impenetrable barrier with self-closing, self-latching, lockable gates apply, unless a qualifying safety cover is used. Indiana Residential Code R326 also covers spas and hot tubs.
Carmel does not write separate spa rules; UDO Section 5.02(C)(7) is titled 'Private Swimming Pool or Hot Tub' and applies its standards to both. A hot tub, its deck, or its equipment must be set back at least the greater of ten (10) feet from the side and rear lot lines or three (3) feet from any easement, and excavation fill cannot be placed within three feet of an easement. For safety, the hot tub and deck area must be completely surrounded by an impenetrable barrier at least four feet high with self-closing, self-latching, lockable gates and doors, OR be protected by a qualifying safety cover (continuous deck connection, key-operated mechanism, 400-pound load capacity, track-mounted, manufacturer ID tag) or otherwise comply with the Indiana swimming pool code 675 IAC 14-4.3-296. In practice, many residential hot tubs satisfy the requirement through a locking, rigid safety cover rather than a fence. At the state level, the Indiana Residential Code Section R326 (675 IAC 14-4.4-38) expressly covers spas and hot tubs and recognizes safety covers meeting ASTM F1346-91 (2018) as an acceptable barrier; that code is enforced by local government. Whether a permit is required for a self-contained, factory-built spa should be confirmed with the Department of Community Services, since building/electrical permits commonly apply to the spa's electrical hookup.
A hot tub placed within required setbacks, or left without a compliant cover or barrier, is a UDO violation under Article 10 and a building-code issue under R326. Code officers can require a compliant locking cover or fencing before approving the installation.
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