In Durham, spas and hot tubs are treated like pools and require a permit and barrier, but a spa or hot tub fitted with an approved safety cover meeting ASTM F1346 is exempt from the barrier requirements.
Under the NC Residential Code enforced by Durham City-County Inspections, spas and hot tubs capable of holding water more than 24 inches deep fall under the same barrier appendix as swimming pools. However, a spa or hot tub with a safety cover complying with ASTM F1346 is exempt from the appendix's barrier provisions, since the locked, load-rated cover serves the child-safety purpose. A building permit is still required, and electrical work must be done by a licensed contractor. Without a compliant safety cover, a spa needs a 48-inch barrier just like a pool.
A spa without a barrier and without an ASTM F1346 safety cover is non-compliant; no Certificate of Compliance issues and use is unauthorized.
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