Muscoy Swimming Pools & Spas: Hot Tub Rules Rules (2026)

Spas and hot tubs in unincorporated San Bernardino County are treated as swimming pools under California Health and Safety Code 115921, triggering the state Swimming Pool Safety Act requirements when located on a single-family residence with a child under the age of six. The Act requires at least one of seven enumerated drowning prevention features, including a listed, locking safety cover that complies with ASTM F1346, which is the most common solution for hot tubs. Alternative features include a 60-inch isolation barrier around the spa, self-closing and self-latching gates, removable mesh pool fencing, pool or spa alarms, door alarms or self-closing and self-latching exterior doors, or other equivalent drowning-prevention standards approved by the California Building Standards Commission. Building permits are required for any spa deeper than 18 inches and for all hard-plumbed spas because of electrical bonding and GFCI requirements under the California Electrical Code. Portable plug-in spas (120 volt) below 18 inches generally do not need a permit but still must meet the Pool Safety Act barrier or cover rule. Anti-entrapment drain covers compliant with the federal Virginia Graeme Baker Pool and Spa Safety Act (VGB Act) are mandatory on all new and replacement spa drains. Short-term rental spas have additional operator duties: daily water quality checks, chemical logs in some cases, and clear guest instructions posted near the spa.