A private spa, hot tub, or furo at a single-family home is exempt from State DOH public-pool rules. For barrier purposes, a spa or hot tub with a safety cover complying with ASTM F1346 need not have a fence enclosure.
HAR 11-10-1 excludes private residential spas, hot tubs and furo (Japanese baths) from the state's public-pool health regulations - those apply only to public/commercial spas. Under the county-adopted building code, a spa or hot tub equipped with an approved safety cover meeting ASTM F1346 is exempt from the pool barrier (fence) requirement. Commercial or shared spas (hotels, HOAs, gyms) are 'public swimming pools' under HAR 11-10 and require the DOH permit to operate.
Shared/commercial spas operating without a DOH permit face penalties under HRS 321-18 and 321-20. Home spas without a code-compliant cover must instead meet the full 48-inch barrier.
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