In Milpitas, above-ground pools and spas may only require plumbing and/or electrical permits plus inspection of the barrier, per the Office of Building Safety. Manufacturer installation specifications must be submitted, and the same drowning-prevention barrier requirements apply as for in-ground pools.
According to the City of Milpitas Pool and Spa (Residential) handout, above-ground pools and spas may only require plumbing and/or electrical permits and inspection of the barrier, rather than full structural plan check. For above-ground pools, spas, or hot tubs, the applicant must include a copy of the manufacturer's installation specifications. A pool is still defined as any structure holding water over 24 inches deep (CBC 202), so most above-ground pools over that depth fall under the safety rules. The same Pool/Spa Safety Requirements Certificate applies, requiring at least two of seven drowning-prevention features (such as a 60-inch enclosure or ASTM mesh fence). Above-ground pools, spas, hot tubs, and associated decking no more than 18 inches above ground must not come closer than three feet to any side or rear property line (MMC XI-10-54.08.B.8), and pools must be at least 6 feet from any dwelling on the same lot and 14 feet from residential structures on adjacent lots (MMC XI-10-54.08.A.3.b). Safety devices must pass inspection before installation of above-ground pools. Portable outdoor spas do not require drawings but must meet in-ground pool setbacks.
Installing an above-ground pool or spa without required plumbing/electrical permits or barrier inspection is a violation. The barrier and safety devices must pass inspection before the above-ground pool is installed, and setback requirements must be met.
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