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Maui County, HI Swimming Pools & Spas: Pool Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Swimming pool permit rules in Maui County, HI, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Governing section
MCC § 16.25.105
Exempt pool size
5,000 gallons or less
Exempt pool type
Prefabricated, above-grade walls
Late-permit penalty
Fee doubled or +$500
Permitting agency
Dept. of Public Works

Summary

Maui County requires a building permit before installing most residential swimming pools. The code carves out one narrow exemption: a prefabricated pool accessory to a single-family home is permit-free only if its walls sit entirely above grade and it holds no more than 5,000 gallons. Any in-ground pool, or any pool over that size, needs a permit from the building official.

These county ordinances apply to unincorporated areas of Maui County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure ... shall first make application to the building official and obtain the required permit. ... 105.2 Work exempt from permit. ... Building permits will not be required for the following: ... 7. Prefabricated swimming pools accessory to a Group R-3 occupancy in which the pool walls are entirely above the adjacent grade and do not exceed 5,000 gallons.

Full Breakdown

1, makes a building permit mandatory for anyone who intends to construct, enlarge, alter, repair, move or demolish a building or structure, and it requires the owner or an authorized agent to apply to the building official and obtain that permit before starting work. 2 then lists the narrow set of jobs exempt from that requirement, and item 7 addresses pools directly: a prefabricated swimming pool accessory to a Group R-3 (single-family or duplex residential) occupancy is exempt from a building permit only if the pool walls sit entirely above the adjacent grade and the pool does not exceed 5,000 gallons.

1 permit requirement. 109, and the building official can require separate electrical permits for pumps, heaters and lighting. Applications go to the Department of Public Works, which administers building permits across Maui, Molokai and Lanai.

Violations & Fines

Starting pool construction before obtaining the required permit doubles the building permit fee or adds $500, whichever is greater, under section 16.25.109.4, and inspections are still required for any unpermitted work already done. The general violation provisions at section 16.25.113 make it unlawful to construct or maintain a structure in violation of the code, authorize the building official to issue a stop-work order under section 16.25.114, and treat each day a violation continues as a separate offense.

Frequently Asked Questions

Do I need a permit for a small above-ground pool on Maui?
Not if it is prefabricated, accessory to a single-family (Group R-3) home, has walls entirely above the surrounding grade, and holds 5,000 gallons or less. Larger or in-ground pools need a building permit under Maui County Code section 16.25.105.
What happens if I build a pool without the required permit?
The building official can double the permit fee or add a flat $500 penalty, whichever is greater, under section 16.25.109.4, and can still require a full inspection of the unpermitted work before signing off on it.
Does an in-ground pool ever qualify for the exemption?
No. The section 16.25.105(105.2)(7) exemption applies only to prefabricated pools with walls entirely above adjacent grade; any in-ground installation needs a building permit regardless of its size.

Sources & Official References

Other rules in Maui County

All Maui County rules

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