Associations may adopt rules prohibiting young children from using the association's hot tub/spa. Even though discriminatory, there is a valid health reason for the restriction. Per California regulations, the water temperature of spas may not exceed 104 degrees. A spa's high temperatures are known to have adverse health affects on infants and toddlers.
Danger of Over-Heating. Infants and young children are more susceptible to over-heating than adults and should not be exposed to the high temperatures of a spa. Spa manufacturers will frequently provide age limit restrictions and temperature ranges in their literature. If boards adopt restrictions per the manufacturer's guidelines, they can defend against complaints of discrimination.
Children Under Five. Generally, children 5 years old and under should not be allowed to use a whirlpool/hot tub/spa, even with adult supervision. Children between the ages of 6 and 12 years should always have an adult with them when using the facilities. Older children using hot tubs should not soak for longer than 5 to 10 minutes at a time. Long exposures to hot temperature can lead to dehydration, dizziness and nausea.
Recommendation: Associations should regularly inspect and maintain their spas using a licensed and insured vendor. They should also verify temperature requirements since statutes change from time to time. Finally, they have their spas inspected for proper safety equipment.
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