South Dakota has no statewide pool-barrier statute, so the binding rule in unincorporated Minnehaha County is the 2021 International Residential Code Appendix G, adopted by the County Commission in April 2022. Outdoor residential pools, spas, and hot tubs deeper than 24 inches require a barrier at least 48 inches high (measured outside the pool), with no openings allowing passage of a 4-inch sphere. Gates must be self-closing, self-latching, and open outward away from the pool, with the latch at least 54 inches above grade. The barrier must be inspected and approved before the pool is filled.
Under IRC Appendix G section AG105.2 as adopted by Minnehaha County, the top of the barrier must be at least 48 inches above grade measured on the side facing away from the pool. The maximum vertical clearance between the bottom of the barrier and grade is 2 inches (on grass/loose soil; 4 inches on a solid surface). No opening in the barrier may allow passage of a 4-inch sphere. Where the barrier is composed of horizontal and vertical members and the horizontal members are less than 45 inches apart, the vertical spacing cannot exceed 1.75 inches. Chain-link mesh openings cannot exceed 1.75 inches square (or 1.25 inches with slats). Access gates must comply with AG105.2 items 1-7: self-closing and self-latching, opening outward away from the pool. If the release mechanism is on the pool side of the gate, it must be at least 3 inches below the top of the gate, and no openings greater than 0.5 inch may exist within 18 inches of the release. Where the dwelling wall serves as part of the barrier, doors with direct access to the pool must be equipped with an alarm sounding for at least 30 seconds within 7 seconds of opening (UL 2017), or the pool must have a powered safety cover meeting ASTM F1346. The barrier must be installed, inspected, and approved by the building official before water is added. Minnehaha County's Residential Building Handbook expressly states pool fences are NOT covered by the standard fence-permit exemption that applies to fences under 6 feet β a permit is always required for a pool barrier.
Failing to install a compliant barrier or filling a pool before barrier inspection is a violation of the adopted IRC; the building official can issue a stop-work order, require corrective installation, deny final approval, and pursue zoning enforcement. Owners get a reasonable period to comply (not exceeding 90 days after written notification) for existing nonconforming pools per the building official's modification authority.
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