California law treats hot tubs and spas holding water over 18 inches deep as swimming pools, but exempts hot tubs and spas secured with locking safety covers that comply with the ASTM International F1346 standard.
Health and Safety Code Section 115921(a) defines a swimming pool to include hot tubs, spas, portable spas, and nonportable wading pools containing water over 18 inches deep. Section 115925(b) exempts hot tubs or spas with locking safety covers complying with the ASTM International F1346 standard from the Swimming Pool Safety Act. Without a compliant locking cover, a new or remodeled spa permitted by Sutter County must include at least two of the seven drowning prevention features under Section 115922. In unincorporated Sutter County, spa installations involving new electrical, plumbing, or mechanical work require a building permit under California Building Code Section 105.1 per the county's Building Permits Required handout.
A spa without a compliant locking safety cover must satisfy the same barrier and drowning prevention requirements as a swimming pool, and unpermitted electrical or plumbing work incurs one and one-half times the normal permit fees.
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