Olmsted County, MN Swimming Pools & Spas: Fencing Requirements (2026)

Minnesota Statute §326B.106 directs the Department of Labor and Industry to adopt and maintain the Minnesota State Building Code (MSBC), which is the uniform statewide code that supersedes local codes for items it covers. The MSBC includes the Minnesota Residential Code (Minn. Rules Ch. 1309), which adopts the International Residential Code with state amendments. For residential swimming pools, hot tubs, and spas with water more than 24 inches deep, the IRC's pool barrier provisions (IRC Appendix G / AG105 in older editions, now embedded in current adopted residential code) require: (1) a barrier at least 48 inches high measured on the side facing away from the pool; (2) no gaps that would allow a 4-inch sphere to pass through; (3) solid barriers with no handholds or footholds; (4) gates that are self-closing and self-latching, with the latch release mechanism at least 54 inches above grade; and (5) where a dwelling wall serves as part of the barrier, doors with direct pool access must have an alarm or self-closing/self-latching mechanism. Above-ground pools with side walls 48 inches or more in height satisfy the barrier requirement provided ladders are removable or secured. The Minnesota Department of Health separately regulates public swimming pools under Minn. Rules Ch. 4717 (including 4717.1550). Within Olmsted County, the Rochester Building Safety Department issues residential pool permits inside the city; the Olmsted County Planning Department handles unincorporated parcels and the four contracting townships.