Milpitas treats hot tubs and spas as pools when they hold water over 24 inches deep, requiring permits and drowning-prevention safety features. Hot tubs and spas may use a locking safety cover meeting ASTM F1346 instead of the other safety devices. Portable outdoor spas still must meet in-ground pool setbacks.
Under the City of Milpitas Pool and Spa (Residential) handout, the swimming pool definition includes hot tubs and spas (CBC 202), and permits are required for construction or alteration of a spa or hot tub. The Pool/Spa Safety Requirements Certificate notes that, alternatively, hot tubs and spas may be equipped with locking safety covers that comply with ASTM F1346 instead of installing two of the seven general drowning-prevention safety devices. Portable outdoor spas do not require construction drawings but must be installed in compliance with the setback requirements for in-ground pools: at least 6 feet from any dwelling on the same lot, 14 feet from residential structures on adjacent lots, and (with decking no more than 18 inches above grade) at least 3 feet from any side or rear property line (MMC XI-10-54.08). Spa and hot tub equipment must meet electrical bonding, GFCI, and clearance requirements of the California Electrical Code Article 680. Pool/spa equipment may not increase the ambient noise level by more than 3 dB measured at the property line or exceed 65 dB at the property line, whichever is more restrictive (MMC V-213-3). Self-contained listed units have certain electrical exceptions.
Installing a spa or hot tub over 24 inches deep without a permit, required safety cover or features, or proper setbacks is a violation. Equipment noise exceeding the MMC V-213-3 limits at the property line is separately enforceable.
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