An 84-year old man has died after being pulled from the water of the rooftop hot tub at Spa Castle in Queens, New York.

It is unclear how long the patron, named Hock Ma, had been under the water and investigations are ongoing.

NBC 4 New York’s investigative news team reported that the five-storey spa has had 28 critical violations at its indoor and outdoor facilities over the last two years.

These violations included not having a developed and updated pool safety plan, inadequate life-saving equipment and lifeguard chairs, pool overcrowding and insufficient qualified supervisory staff on duty. However, the Health Department said the facility had corrected all its violations by the time of the most recent inspection in September 2014.

State senator Tony Avella is urging the city to revoke the spa’s special permit. “I am calling on the city to revoke the variance and close this toxic spa for good,” said Avella in a statement. “The city must take action to ensure no one else is hurt.”

Spa Castle spokesperson Stephanie Chon said she was aware of Senator Avella’s ongoing concerns. Chon said in a statement that Ma had been pulled from a shallow pool and a certified manager initiated CPR. “Safety precautions are clearly posted in our facilities and the staff in the area is CPR certified.”

The relaxation hub’s website urges swimmers to “use caution while utilising the pools” and to avoid excessive swimming, running or diving. “Spa Castle will not be responsible for any injuries that result from these prohibited activities,” the website adds.

The Health Department, which conducts annual inspections and compliance inspections of bathing establishments, is investigating the facility – including its safety plan – following Ma’s death.

There are two other Spa Castle sites operating currently: one in Texas and the most recently opened facility in Manhattan (15 December).