South Dakota state law: swimming pool fencing and barriers

Because South Dakota does not adopt a uniform statewide building code, pool barrier rules exist only when a city or county chooses to adopt IRC Appendix G or the ISPSC. Where adopted, those codes typically require: a barrier at least 48 inches high measured on the side facing away from the pool; openings small enough that a 4-inch sphere cannot pass through; no more than 2 inches between the bottom of the barrier and grade on solid surfaces; self-closing and self-latching gate hardware with the latch release at least 54 inches above grade; and either an isolation fence separating the pool from the dwelling or, where the house wall serves as part of the barrier, door alarms on doors providing direct access to the pool. South Dakota courts apply the attractive nuisance doctrine to backyard pools — owners can face civil liability for child drownings even where no specific ordinance was violated. Spas and hot tubs are usually exempted from barrier rules where a code-compliant locking safety cover is installed.

Building code violations are enforced by the local building department under the locally adopted IRC/ISPSC. Penalties typically include stop-work orders, refusal of final inspection, fines, and an order to install a compliant barrier. Attractive nuisance claims are litigated in state court and can produce substantial civil damages if a child is injured.