Spas and hot tubs are treated as swimming pools under Florida's Safety Act. Unless equipped with a locked, ASTM-approved safety cover, a spa must meet the same 4-foot barrier and safety-feature rules (FS 515.29, FS 515.27) as an in-ground pool.
The Residential Swimming Pool Safety Act covers any in-ground, above-ground, or on-ground structure intended for swimming or bathing, which includes spas and hot tubs. A spa equipped with a listed, lockable safety cover complying with ASTM F1346 is generally exempt from the barrier requirement; otherwise it must be enclosed by a barrier at least 4 feet high with self-closing, self-latching gates per FS 515.29. Santa Rosa County LDC 5.02.05 pool-enclosure setbacks (5 ft rear/side) and Florida Building Code barrier standards apply. Portable, drainable hot tubs with a rigid locked cover are typically exempt while covered.
A spa left uncovered without a compliant barrier is treated as an unprotected pool - a second-degree misdemeanor under the Safety Act and a local code-enforcement violation.
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