Sioux Falls Property Maintenance Code § 303.2 (and the adopted International Swimming Pool and Spa Code) requires every private pool, hot tub, or spa containing water more than 24 inches deep to be enclosed by a barrier at least 48 inches tall, with self-closing and self-latching gates, no openings larger than 4 inches, and no more than a 4-inch gap between the ground and the barrier bottom. A permit is required for every pool barrier — the standard residential fence exemption does not apply.
Sioux Falls adopts the 2021 International Property Maintenance Code (IPMC) and the International Swimming Pool and Spa Code (ISPSC). Under IPMC § 303.2 as adopted: 'Private swimming pools, hot tubs and spas containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool.' Gates and doors must be self-closing and self-latching; the gate must positively close and latch when released from a 6-inch open position from the gatepost. Spas and hot tubs equipped with a safety cover meeting ASTM F 1346 are exempt from the barrier requirement. A pool barrier permit is required from Building Services even if a separate residential fence already exists on the lot. South Dakota does not maintain a statewide residential pool-barrier statute; the requirement is purely local, adopted via Sioux Falls's home-rule authority under SDCL Chapter 6-12 and police power under SDCL § 9-29-1.
Operating a pool without a compliant 48-inch barrier, allowing self-latching hardware to fail, or removing/modifying an existing barrier to reduce its effectiveness violates Sioux Falls Property Maintenance Code. Enforcement is administered by Building Services and Code Enforcement and can include orders to drain the pool until compliance is achieved. Liability exposure is significant in attractive-nuisance drowning cases.
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