Hot tubs and spas count as swimming pools under California's Swimming Pool Safety Act, but units fitted with a locking safety cover meeting the ASTM International F1346 standard are exempt from the Act's drowning prevention requirements in unincorporated Kern County.
Health and Safety Code Section 115921(a) expressly includes hot tubs, spas, and portable spas in the definition of a swimming pool, so the Swimming Pool Safety Act's two-of-seven safety feature rule normally applies when a permit is issued for spa construction or remodeling at a private single-family home. Section 115925(b), however, exempts hot tubs or spas with locking safety covers that comply with the ASTM International F1346 standard. In unincorporated Kern County, permanent spa installations remain subject to building, electrical, and plumbing permits under Kern County Ordinance Code Title 17, and the Kern County Public Health Services Department separately administers plan approval and permitting for public swimming pools and spas.
A spa without a qualifying locking safety cover must satisfy two of seven drowning prevention features before the building official grants final approval; unpermitted installations can draw Kern County code enforcement and permit penalties.
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