A hot tub or spa holding water over 24 inches deep meets Cumberland County's pool definition, so barrier rules apply. The NC Residential Code exempts spas and hot tubs fitted with a safety cover meeting ASTM F1346 from the barrier requirements.
Cumberland County defines a private swimming pool as any structure containing water over 24 inches in depth used for recreational bathing, which pulls larger hot tubs and spas under the Section 1002.C pool rules (setback and enclosing fence). However, the NC Residential Code barrier appendix (AG105.5) provides that spas or hot tubs equipped with an approved safety cover complying with ASTM F1346 are exempt from the barrier appendix. Wiring must still meet the National Electrical Code. Practically, a lockable hard cover meeting the standard is the common compliance path for a backyard hot tub in unincorporated Cumberland County.
A spa over 24 inches deep without either a compliant barrier or an ASTM F1346 safety cover is a code violation subject to correction and penalties.
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