North Dakota has adopted the International Residential Code (most recently the 2021 IRC) as its statewide residential construction standard. Most pool barrier enforcement happens at the city level - Fargo, West Fargo, and other Cass County municipalities issue residential building permits and enforce IRC pool barrier rules. In unincorporated Cass County, pool installations should be coordinated with the County Planner and the applicable township. The IRC requires pool barriers around residential pools deeper than 24 inches.
Most building regulation in North Dakota is municipal. The state has adopted the International Residential Code, which governs residential pool barriers when a city or county chooses to permit pools under that framework. Under IRC pool barrier provisions, residential swimming pools, hot tubs, and spas with water deeper than 24 inches must be surrounded by a barrier with specific height, opening, and gate requirements designed to prevent unsupervised child access. Gates serving the pool barrier must be self-closing and self-latching, with the latch release mechanism on the pool side at the height required by the adopted code edition. Because Cass County's largest population lives inside Fargo and West Fargo, residential pool permits in those cities are issued by city building inspections (Fargo Inspections Department; West Fargo Title V Buildings code). For unincorporated parcels, contact the Cass County Planning Office at casscountynd.gov/our-county/planning before installing a pool, since the county and applicable township may impose setback and permit requirements.
Installing a residential pool without the barrier required by the adopted IRC can lead to permit denial, stop-work orders, failed inspections, and enforcement action by the city or county. An unprotected pool can also be cited as a public nuisance and creates significant civil liability if a drowning occurs.
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See how Cass County's fencing requirements rules stack up against other locations.
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