Do Outdoor Hot Tubs Require Permits?

By Barry Stone

Dear Barry,

The home inspector who checked my house asked if the hot tub was installed with a building permit. Until now, I hadn't given a thought to permits, but the buyers insisted that I now obtain one. I've explained that the hot tub was professionally installed and has operated problem-free for nearly two years, but they're not satisfied. Please help to resolve this disagreement. Is a permit required when installing a hot tub? -- Ned

Dear Ned,

The answer to your questions is a combination of yes and no. According to the building code, a prefabricated swimming pool (and that would include hot tubs) installed above ground at a single-family residence does not require a building permit, unless the water capacity exceeds 5000 gallons. Therefore, most hot tubs and spas are exempt from building permit requirements.

However, in order to install a hot tub, it is usually necessary to add plumbing and/or electrical connections. And these hook-ups, for safety reasons, are definitely subject to building permit and building code requirements.

In most instances, however, permits are not obtained for hot tub connections. As a result, at least half of all systems exhibit one form of code violation or another, even when professionally installed. These discrepancies occur because spa technicians are experts in the field of spa hardware and equipment. Usually, they are not plumbers or electricians and consequently lack the esoteric knowledge common to those trades.

Typical safety violations often include buried gas piping without a rust-preventive coating; overfused and double-tapped electric circuits; substandard electrical grounding; exposed and unprotected romex wires; and worst of all, lack of ground fault protection, a condition which can expose hot tub users to fatal electric shock.

If your hot tub was installed without professional attention to plumbing and electrical safety requirements, I'd strongly recommend having the connections evaluated at this time. This could protect users of the hot tub while reducing your exposure to financial liability after the close of escrow.

Copyright 2001-2006 Barry Stone. Distributed by Inman News Features