Can I split one leg off a 240V circuit to create a 120V circuit?

[Timbo66]

I have a 4 wire 240V circuit powering an indoor pool heater, protected by a 50A GFCI breaker in the main panel. Neutral isn't used by the heater, but it's present in the disconnect junction box near the heater.

Question: Can I use one of the hots plus the neutral to create a 120V circuit? I am aware that I would need to install a 15 or 20A circuit breaker for the 120V circuit in a junction box/subpanel near the heater.

a) Is this to code?
b) Will it trip the GFCI breaker due to the current imbalance created between the two legs of the 240V circuit?

 

[roger]

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