Queens County, NY Swimming Pools & Spas: Hot Tub Rules (2026)

NYC Building Code section 3109 treats a hot tub or spa as a swimming pool whenever the water depth exceeds 24 inches, which covers essentially every residential hot tub sold in Queens. That triggers the same DOB filing by a licensed architect or engineer, the same 48 inch barrier requirement around the tub, and the same electrical bonding and GFCI rules under NEC Article 680. The code recognizes that a permanent safety cover can substitute for a fence for a hot tub specifically. A lockable safety cover listed to ASTM F1346 (Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs) can satisfy the barrier requirement for the tub itself when the cover is in place. The cover must support at least 485 pounds to prevent a child from walking or falling through, and must be secured with keyed or combination locks. Hot tubs located in apartment buildings or condominium common areas are also subject to NYC Health Code Article 165 and must meet Certified Pool Operator, water chemistry (with additional bromine or chlorine testing every hour due to the higher temperature), and posted-rule requirements. The federal VGB Act also applies to any spa accessible to the public, requiring ANSI/APSP-16 anti-entrapment drain covers. Hot tubs must be at least 10 feet from any overhead utility line and at least 5 feet from the exterior wall of any structure unless specifically engineered for closer placement.