Milpitas requires every new or remodeled residential pool or spa to install at least two of seven drowning-prevention safety features under its Pool/Spa Safety Requirements Certificate (CBC 3109 / Swimming Pool Safety Act). Options include enclosures, mesh fencing, ASTM safety covers, door and pool alarms, and self-latching door devices.
Per the City of Milpitas Pool/Spa Safety Requirements Certificate, the property owner agrees to install enclosures and safety devices required by the 2022 California Building Code, Section 3109, which implements the state Swimming Pool Safety Act (HSC 115922 et seq.). At least two of the following seven drowning-prevention safety features must be installed: (1) a compliant 60-inch isolating enclosure; (2) removable mesh fencing meeting ASTM F2286 with a self-closing, self-latching, key-lockable gate; (3) an approved safety pool cover meeting ASTM F1346-91; (4) exit alarms on the home's doors that provide direct access to the pool or spa; (5) a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on doors providing direct pool access; (6) a pool alarm independently certified to ASTM F2208 that sounds on accidental or unauthorized entry into the water; or (7) other equal or greater protection independently verified by an approved testing laboratory. Alternatively, hot tubs and spas may use locking safety covers complying with ASTM F1346 instead of the preceding devices. Whenever a permit is required, the pool must also meet anti-entrapment drain requirements, verified by the Pool/Spa Anti-entrapment Device Certificate at final inspection.
Safety devices must be completed and pass inspection before plastering (in-ground) or installation (above-ground). The signed Anti-entrapment Device Certificate must be provided to the inspector at final inspection. Operating a pool without the required two safety features violates the certificate and state pool safety law.
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