How do I find out laws around owning a hot tub (Somervilla, MA)

[bolds18b]

Boy I'm frustrated.  After 5 calls over 3 days, I finally got through to the city hall building inspector who I was referred to in order to learn what the rules were governing owning a hot tub. This guy did not exactly instill confidence.  He told me all I needed was a fence and the hot tub to be 6’ off the property line.  Then I asked “I don’t need a lock on the fence?” and he said yeah I do.  Then I said “I don’t need a lock on the hot tub cover?” and he said yeah I do.  I said “I don’t need an inspector to come out?” and he said yeah I do.  I asked how I was supposed to know this stuff when he didn't tell me, and he said I’d have learned it when I came to get a permit.  I said he never told me I needed to get a permit, and he mumbled yeah I do. 

I have no idea what I didn't happen to ask this guy, and don't trust him as far as I can throw him to have told me everything.  I guess I have two questions: 1) how do I find out the rules from some sort of confidence-inspiring authority?  and 2) should I even bother with a permit?  Does everyone always get a permit and inspection, or is it fairly low risk to skip that step?

[Hottubguy]

I have never heard of needing a building permit for a hot tub only an electrical permit for wiring.  I am also in Mass.  I checked the somerville building dept website and it doesn't refer to hot tubs at all.  Are you sure you talked to the inspector and not someone who just works in the office?

[goneaway]

or worse still, you called a wrong number and got a practical joker
 

[Dr. Spa™ Ret.]

I've never known a building inspector to give ANY kind of direction or help. All they do is tell you something is done wrong, or doesn't pass code...with little or on indication of how it needs to be done.

All municipalities have their own building codes. They may or may not chose to adopt some number of national building code recommendations, and they may add their own that they come up with. There's plenty of municipalities that have specific "hot tub" permits, and most require at least an electrical permit and possibly a permit for any concrete work. 

[bolds18b]

What gets me is the 6' from the property line rule.  I have a small yard - only 10' x 30'.  By definition, unless I put this thing in the middle of my yard, there's nowhere it can go that's 6' from the property line!  When I voiced this, he simply repeated "It has to be 6' from the property line."  Oy!  I suppose I can call back and talk to his supervisor.  Or maybe I just roll the dice and not get a building permit or inspection.  This just seems so much more difficult than it should be.

Thanks all for the replies.

[Spoiledrotten]

How many times have you ever had someone from the local area knock on your door to take inventory of what you've done to your house and if you had permits for said work at the time? Most likely... never. Permits are only needed if you advertise that you'll be doing work around the house. Now, if you're adding 3 rooms to your existing house, they might check on you, but a hot tub, now really.....

[bolds18b]

That's helpful - I tend to be risk averse and am a younger homeowner without much experience.  I wasn't quite sure of the risk here, but it sounds like fairly slim.  Thanks again. 

[Spoiledrotten]

I'd probably put the thing where I wanted it to sit. Remember that these things are called "portable" hot tubs because they can be moved relatively easy. If anyone ever says anything about where it's sitting, just empty the thing and move it a few feet. There will most likely be enough electrical wire to do so. Good luck with your new tub! 

[Nazz26]

Just remember they are called portable hot tubs unlike a swimming pool. If there ever is a problem it can always be moved. Make sure a licensed electrician does the hook up. Just another way for a town municipality to make more money off you.

[Dr. Spa™ Ret.]

6' isn't bad. I know a city that requires 20'....many of the homes sit on lots that are only 42' wide....do the math :-)

Most cities will allow one to file for a "variance", which if the neighbors don't object to, is usually granted.

As for permits (remember, this is a HUGE revenue generator for many cities)...technically you're required by law to get them. If you don't, various things could happen....;

Some cities require a general building inspection if you put your house on the market to sell.

Got a neighbor mad at you? They may report you to the city.

If a building inspector drives by and suspects something may be going on that requires a permit, they CAN enter your property to inspect, WITHOUT your permission, or any warning of any kind, or a "search warrant.

Many municipalities are now using computer programs that integrate into google earth looking for any kind of building changes that should have been permitted (remember that revenue thing)

Generally if one gets caught for doing work without a required permit, your given the option of removing whatever was supposed to be permitted, or pulling the permit with added penalties. Typically the additional penalties run between the cost of the permit, to ten times the cost of the permit.

If you don't pull a permit, and it's required, your home owners insurance may decline a claim associated with whatever was supposed to be permitted.

[Hottubguy]

I agree with dr spa. It's better to be safe then sorry. I know it's not Somerville but I was at the swampscott building dept today about a pool I'm building for someone and asked them about hot tubs and they said 6' also but said fences weren't required unless the cover didn't lock

[rin-spa-aic]

Just remember they are called portable hot tubs unlike a swimming pool. If there ever is a problem it can always be moved. Make sure a licensed electrician does the hook up. Just another way for a town municipality to make more money off you.

+1 use a licensed electrician to do the electrical work and take your chances with the rest.

Hard to get straight answers on a lot of this stuff.

If you want to take one extra step make sure you have a 4' high enclosed fence surrounding the yard or area.

[summerside9000]

Check with your local municipality, they will be the only ones who can say this or that.
If you place your tub on the ground no permit is usually required but you had better ensure it is flat/compacted and drains away from your house.
If it is elevated the engineering of the supports may have to be verified especially if it higher than 24 inches above the ground.
Either way get a licensed electrician to tie it into the panel and the tub. He will have to pull the permit and may need to be a master electrician. (not cousin Bob)
If you pull the permit as a homeowner you can get the work done but it should be verified by the Inspector.
Your insurance company will like that.
As far as the fence it is usually required to prevent stray access to your tub this may have to be lockable and the tub has to have a locking cover. A snap or clasp is sufficient.
Any deck surface above 24 inches will require a railing of minimum 36 inches high or a privacy screen.
In my area I do  not need a permit for a deck 24 inches and lower. I did get the permit for the tub and the electrical but did the work myself and my master electrician look over the installations.
Take photos of the work as you do it in case it gets buried.
Ensure you use the correct size of wire #8 or #6 generally and a 50 or 60 amp GFCI breaker is installed with a separate disconnect box that is lockable at the exterior. You must not be able to reach any electrical outlet or device/disconnect within 5 feet of the tub. This rule may be increased by the municipality.

Good luck!

[Dr. Spa™ Ret.]

"tub has to have a locking cover. A snap or clasp is sufficient"

Ahhhh, no. Most municipalities require a cover that  meets ASTM standards (Or, the spa has to be surrounded by a lockable fence that will prevent entry by a child under the age of 5...one OR the other, fence OR ASTM approved cover...rarely does any municipality require BOTH).. Any old  "snap" or "clasp" wont necessarily qualify. 

[wmccall]

As a ill informed consumer with no special knowledge, this is an area where I depend on my local dealer.   They install dozens monthly in your local area.   This may not be perfect, but I wouldn't trust a government employee to give me the proper time of day.