Hot tubs and spas in unincorporated Monterey County are regulated under Monterey County Code Chapter 18.22 and the California Pool Safety Act. A spa or hot tub equipped with an approved locking safety cover meeting ASTM F1346 is exempt from the full enclosure rule; without one it is treated like a pool and must meet barrier requirements.
Monterey County Code Chapter 18.22 governs the construction, installation and maintenance of swimming pools, spas and hot tubs in the unincorporated area, and Chapter 18.14 requires a building permit for the regulated electrical and plumbing work that serves a spa or hot tub. Under the California Swimming Pool Safety Act, a spa or hot tub is generally included in the definition of a swimming pool because it holds water more than 18 inches deep (HSC 115921). However, California Health & Safety Code 115925 exempts a hot tub or spa from the enclosure requirements if it is equipped with a locking safety cover that meets the ASTM F1346 standard. Where no compliant locking cover is provided, the spa or hot tub is treated as a pool and must satisfy the barrier and safety-feature provisions of HSC 115922-115923, including at least two of the seven drowning-prevention features at a single-family home. Spas and hot tubs that are part of a public or shared facility (apartment, HOA, hotel) are also regulated and inspected as public pools by Monterey County Environmental Health under the Health & Safety Code and Title 22.
A spa or hot tub installed without required permits, or left without either a compliant locking cover or a conforming barrier, can be cited as a safety hazard. The County may issue a stop-work order, require after-the-fact permits, and require a compliant cover or enclosure before the spa may be used. A shared/public spa that fails Environmental Health inspection can be ordered closed.
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