Hot tubs and spas with locking safety covers that comply with the ASTM International F1346 standard are exempt from California's pool barrier and drowning-prevention requirements, an exemption Nevada County's barrier form expressly recognizes. Spa installations still go through county permitting and plan review.
Health and Safety Code section 115925 exempts hot tubs and spas with locking safety covers complying with the ASTM International F1346 standard from the Swimming Pool Safety Act's barrier and drowning-prevention feature requirements. Nevada County's Swimming Pool Safety Barrier Requirements form repeats this exemption, stating the barrier requirement does not apply to hot tubs or spas with locking safety covers that comply with ASTM F1346-91. However, spa installations in unincorporated Nevada County are still covered by the Building Department's plan submittal requirements under LUDC Sec. L-V 3.15 (Access Safety for Swimming Pools and Spas), which means a permit, site plan, and electrical inspections apply. If the spa is heated, the plans must show compliance with the California Energy Code, and heated pools and spas require a cover under that code. A spa without a compliant locking safety cover must instead meet the full 60-inch barrier requirements that apply to swimming pools.
A spa installed without the required permit is subject to the county's after-the-fact permit process and code compliance enforcement. If the locking safety cover is missing or does not comply with ASTM F1346, the spa loses its exemption and must meet the full pool barrier requirements before final approval.
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