Yuba County Code §10.40.030(5) classifies hot tubs and spas as 'swimming pools' when they hold water over 18 inches deep, so they need a building permit and the drowning-prevention features of Chapter 10.40 — unless they have an ASTM-compliant locking safety cover, which is exempt under §10.40.050(2).
Yuba County's Swimming Pool Safety Act defines a 'swimming pool' to expressly include hot tubs, spas, and portable spas holding water over 18 inches deep (§10.40.030(5)). As a result, a hot tub or spa at a private single-family home generally needs a building permit (Chapters 10.05 and 10.40) and must satisfy the drowning-prevention requirements of §10.40.035 and the anti-entrapment suction-outlet rules of §10.40.046. However, §10.40.050 exempts certain hot tubs and spas: under §10.40.050(2), 'hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials-Emergency Performance Specification (ASTM-ES 13-89)' are exempt from the Chapter's requirements. Other exemptions include public swimming pools, apartment complexes and non-single-family residential settings, facilities regulated by the State Department of Social Services, and any pool within a jurisdiction that has adopted an at-least-as-stringent ordinance (§10.40.050). Electrical work for a spa is covered by the building permit and the adopted State Building Standards Code (Chapter 10.05). Because the County's definition tracks Health & Safety Code §115921, a hot tub deep enough to count as a pool is held to the same standards as an in-ground pool unless an exemption applies.
A non-exempt hot tub or spa installed without a permit, or lacking the required safety cover/feature, can be cited under the County's Building Standards and Construction Codes and will not pass the §10.40.035(c) safety-device inspection.
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