Minnehaha County adopted the 2021 IRC including Appendix G in 2022. Under IRC Section R327 every outdoor swimming pool, hot tub, or spa containing 18 inches or more of water must be enclosed by a barrier at least 42 inches tall with a maximum 2-inch ground clearance, no openings that allow a 4-inch sphere to pass, and self-closing/self-latching gates. Existing pools must comply within 90 days of notice from the building official. South Dakota has no statewide pool-barrier statute, so this locally adopted IRC appendix is the controlling rule.
Section 1 of the 2021 IRC Adoption Ordinance expressly adopts IRC Appendix G (pool barriers) as part of the Minnehaha County residential code, effective for any permit issued after May 27, 2022. The text of R327 (Appendix G) requires: (1) the barrier must be at least 42 inches above grade on the side facing away from the pool; (2) the maximum vertical clearance between grade and the bottom of the barrier is 2 inches; (3) for aboveground pools where the wall serves as the barrier, the clearance between the top of the pool structure and the bottom of any added barrier is 4 inches; (4) openings in the barrier may not allow a 4-inch-diameter sphere to pass; (5) all gates and door openings must be self-closing and self-latching; (6) when a ladder/steps provide access to an aboveground pool, they must either be surrounded by a complying barrier or be lockable/removable so the opening, once secured, will not pass a 4-inch sphere. R327.3 explicitly applies these standards to all new pools and to existing pools 18 inches or more deep; no person 'in possession of land within the county, either as owner, purchaser, lessee, tenant, or a licensee' may fail to provide and maintain the barrier. R327.4.1 exempts spas/hot tubs covered by an ASTM F1346 safety cover and allows the building official to approve equivalent protective devices on a case-by-case basis. Existing pools have 90 days to comply after notification by the building official. A property exemption applies where the pool is more than 500 feet from any dwelling on a different parcel. Prefabricated pools less than 18 inches deep are excluded from these requirements. South Dakota has no statewide residential pool-barrier statute, so the locally adopted IRC Appendix G is the operative legal authority. Within Sioux Falls and other municipalities, the city code controls instead.
Failure to install or maintain the required barrier is enforced by the Minnehaha County Building Official under the 2021 IRC Adoption Ordinance. Remedies include stop-work, denial of certificate of occupancy, mandatory abatement within 90 days of written notice, and misdemeanor citation. The Sheriff's Office may also cite under the public-nuisance ordinance if an unsecured pool creates an attractive nuisance.
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