North Dakota Statewide Rule
North Dakota Swimming Pool Permit and Code Requirements
Key Facts
- Statute
- NDCC Chapter 54-21.3
- Code Adopted
- IRC/IBC Appendix G
- Permit Threshold
- Pools over 24 inches deep
- Public Pool Health
- NDCC 23-19
- Enforcement
- Local building officials
Summary
North Dakota adopts the International Building Code and International Residential Code statewide under NDCC Chapter 54-21.3, requiring building permits for permanent swimming pools. Local jurisdictions enforce the code, but the technical standards apply uniformly statewide.
54-21.3-05. Enforcement of code by city, township, or county - Relinquishment. A city or township may administer and enforce the state building code only within its jurisdictional area. A county may administer and enforce the state building code within those areas of the county in which the state building code is not administered by a city or township. Cities and townships may relinquish their authority to administer and enforce the state building code to the county in which they are located in the manner provided by section 54-40.5-03. The governing body of a city, township, or county electing to administer and enforce the state building code may designate an enforcement agency. Cities, townships, and counties may provide by agreement for joint administration and enforcement and may contract for private enforcement of the state building code.
Full Breakdown
Under NDCC Chapter 54-21.3, the State Building Code Advisory Committee adopts the International Building Code (IBC) and International Residential Code (IRC) as the minimum statewide standard. Appendix G of the IRC governs swimming pools, spas, and hot tubs and requires permits for in-ground and permanent above-ground pools deeper than 24 inches. The state ICC ANSI A117.1 accessibility standard applies to public pools. Local building officials issue permits and conduct inspections, but they cannot adopt weaker standards than the state-adopted code. Public swimming pools are also regulated by the ND Department of Health under NDCC 23-19 for water quality and operator certification.
Violations & Penalties
Building without a permit is a class B misdemeanor under local enforcement; uninspected pools may face stop-work orders and double permit fees.
Frequently Asked Questions
Do I need a state permit or only a local permit for a residential pool?
Are inflatable kiddie pools regulated?
Sources
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