In Erie, a hot tub or spa accessory to a one- or two-family dwelling is regulated as a swimming pool: it must comply with the International Residential and Building Codes the city adopts, and statewide it must meet the International Swimming Pool and Spa Code under 34 Pa. Code Section 403.26.
The City of Erie's residential building permit standards group hot tubs and spas with swimming pools, stating that a swimming pool, hot tub, or spa accessory to a one- or two-family dwelling must comply with the International Residential and Building Codes. Erie adopts these codes through Codified Ordinance Article 1503, which includes the International Swimming Pool and Spa Code. Pennsylvania law reinforces this statewide: under 34 Pa. Code Section 403.26(a), a swimming pool, hot tub, and spa that is accessory to a one-family or two-family dwelling must comply with the International Swimming Pool and Spa Code, while under Section 403.26(b) a pool, hot tub, or spa that is not accessory to a one- or two-family dwelling must additionally comply with the Public Bathing Law (35 P.S. Sections 672-680d). Practically, this means a permanently installed hot tub or spa over 24 inches deep triggers an Erie building permit, the placement setbacks of the Zoning Ordinance, and the same barrier, gate, and equipment requirements (IRC Appendix G / AG105) that apply to in-ground pools, subject to the code's exemptions for certain covered or listed spas.
Installing a hot tub or spa over the city permit threshold without a permit, or without a compliant barrier or cover, violates the building code adopted in Erie Codified Ordinance Article 1503 and 34 Pa. Code Section 403.26. The project will not pass final inspection until barrier and equipment compliance is verified.
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