Fort Myers treats hot tubs and spas as 'pools' under the Pool/Spa/Fountain Checklist - signed and sealed plans are required, and the project must comply with the 8th Edition (2023) Florida Building Code, the 2020 NEC, and Florida Statute Chapter 515. The FBC 8th Edition (2023) exempts a spa or hot tub from the standard pool barrier when it is equipped with a safety cover that complies with ASTM F1346-91 (the 'manually operated locking cover' alternative).
The Fort Myers Pool/Spa/Fountain Checklist applies to 'site-built pools, spas, fountains, etc.' and requires the same signed-and-sealed plan submittal with the 8th Edition (2023) FBC and FS 515 compliance statement. A separate electrical subcontractor permit is required (NEC Article 680 GFCI and bonding apply to spa shells and metal equipment). FBC Residential R4501.17.1.8 and FBC Building 454.2.17.1.10 - mirroring Florida Statute 515.27(1)(b) - permit a hot tub or spa to be equipped with an approved safety pool cover complying with ASTM F1346-91 in lieu of a 48-inch barrier; the cover must be 'manually or power-operated' and capable of holding a static load of at least 485 pounds per 5 square feet (the ASTM F1346 standard). The cover must be in place and latched when the tub is not in use. If a barrier is used instead of a cover, the same 48-inch / less-than-4-inch-sphere / self-closing self-latching gate rules apply. Glass within 60 inches of the spa edge and walking surface must be tempered. Final 305-Electric and 699-Pool inspections (FBC 424.2.19 / R4101.19) must pass before filling.
Installing a hot tub or spa without a permit, operating it without either a 48-inch FS 515.29 barrier or a latched ASTM F1346-91 cover, or filling it before the 305-Electric Final and 699-Pool Final pass is a violation of FBC 424.2.19 and FS 515.27. Penalties include stop-work orders, the four-times-fee multiplier under FS 553.80(2), and second-degree misdemeanor exposure under FS 515.27(2).
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