In the City of Maricopa, spas and hot tubs are regulated as minor permit structures under the adopted building codes and must meet setbacks. Arizona's A.R.S. 36-1681 lets a spa or hot tub more than 18 inches deep and under 8 feet wide use an ASTM F-1346-compliant safety cover instead of a full enclosure.
The City of Maricopa addresses spas and hot tubs in two ways. First, under the accessory-structure provisions (MCC 18.80.020), structures including spas, firepits, fire rings, fireplaces, kivas, barbeques, and attached seat benches are defined and regulated as minor permits under the city's adopted codes and must meet the applicable setbacks. So a spa or hot tub installation requires a minor building permit through Development Services and must comply with placement and setback rules. Second, the general pool-and-spa zoning rules of MCC 18.80.120 apply, including that the spa be for the use and enjoyment of residents and their guests and that equipment not be placed in the front or street-side yard. For safety, A.R.S. 36-1681 governs: a spa, hot tub, or other contained body of water more than 18 inches deep and less than eight feet at its widest point may be equipped with a safety cover that complies with ASTM F-1346 as an alternative to a full five-foot enclosure. Many portable, self-contained hot tubs qualify for this safety-cover path because of their size. As with pools, the statewide enclosure rules do not apply to a residence in which all residents are at least six years of age. Owners should confirm with Development Services which permit and barrier path applies to their specific spa.
Installing a spa or hot tub without the required minor permit, or placing it inside a required setback, can result in correction orders. Relying on a safety cover that is not ASTM F-1346-compliant where an enclosure would otherwise be required is an enforcement risk.
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