San Bernardino treats spas over 18 inches deep as pools under CA H and S Code 115921. A locking ASTM F1346 safety cover can substitute for the perimeter fence on residential hot tubs when kept locked when not in use.
Hot tubs and spas fall within the California definition of swimming pool whenever water depth exceeds 18 inches, which applies to nearly every factory-built residential spa. San Bernardino requires electrical and building permits at installation. The electrical permit covers the 240-volt GFCI-protected circuit, disconnect located at least five feet and no more than 50 feet from the spa, and bonding of the metal parts. The building permit covers the pad or deck, access, and barrier plan. Homeowners commonly comply with Health and Safety Code 115922 by installing a rigid locking safety cover meeting ASTM F1346 rather than fencing the entire rear yard. The cover must be locked when the spa is not in use and be able to support the weight of two adults and a child for rescue. When the cover option is chosen, it also counts as one of the seven approved drowning-prevention safety features. Water temperatures for residential hot tubs are capped at 104 degrees Fahrenheit by manufacturer controls under California Code of Regulations Title 24, and pregnant users are advised against exposure above that temperature. Commercial and HOA spas are regulated by San Bernardino County Environmental Health with a separate public pool permit and chemical logs. Skin contact with untreated or improperly treated spa water can lead to folliculitis outbreaks, which are reportable to County Public Health.
Contact your local code enforcement office for specific penalty information.
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