In New York a spa or hot tub capable of holding water more than 24 inches deep is treated as a swimming pool and must be surrounded by a barrier, unless it is equipped with an ASTM F1346-compliant safety cover. Commercial spa pools regulated by the NYC Health Code must be drained and cleaned at least every two weeks.
The NYS Uniform Code (summarized in DOS Technical Bulletin TB-1014) defines a 'spa' to include hot tubs and treats any spa capable of containing water more than 24 inches deep as a swimming pool. Such a spa must be surrounded by a barrier meeting the Residential Code R326 requirements (at least 4 feet high, 2-inch maximum gap at grade, self-closing/self-latching gates). However, spas equipped with a safety cover that complies with ASTM F1346 are exempt from the permanent-barrier requirement under Executive Law Section 378(14); during installation, the safety cover must remain in place except when a person is engaged in installing the spa. For commercial 'spa pools' regulated by NYC Health Code Article 165, Section 165.27(a)(6) requires draining and cleaning when needed and not less than once every two weeks, and Section 165.53 imposes additional spa-pool design requirements. A privately owned hot tub at a one- or two-family home, used only by occupants for non-commercial purposes, is exempt from the Article 165 permit but still subject to the state barrier and cover rules.
A hot tub or spa over 24 inches deep without a compliant barrier or ASTM F1346 cover fails inspection; the local code enforcement official may withhold a certificate of compliance and order correction. A permitted commercial spa pool that is not drained and cleaned on schedule is a Health Code violation enforceable by closure order and OATH penalties.
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