West Fargo regulates residential pool barriers through Ordinance 1245 (Pool Fencing) and Ordinance 1202 (Swimming Pools), enforced under the International Residential Code (IRC) Appendix AG, which the city adopted by reference in Ordinance 1274 (2024 IRC). Any pool, spa, or hot tub with water depth greater than 24 inches must be enclosed by a barrier at least 48 inches high with self-closing, self-latching gates. Building permits are issued by the West Fargo Planning & Inspections Department.
North Dakota does not have a statewide residential pool barrier statute; cities enforce barrier rules through their adopted building codes. NDCC chapter 54.21.3 directs the State Building Code Section to adopt the IRC, and North Dakota's adopted edition includes IRC Appendix AG (Swimming Pools, Spas and Hot Tubs). The City of West Fargo adopted the 2024 International Residential Code by reference under Ordinance 1274. West Fargo specifically codified residential pool fencing in Ordinance 1245 and broader pool standards in Ordinance 1202; commercial/recreational aquatic facilities are governed under Ordinance 1167. The barrier must be at least 48 inches high measured on the side facing away from the pool. Openings must not allow a 4-inch sphere to pass through. Where the top of the barrier has horizontal members spaced less than 45 inches apart, vertical members may not be spaced more than 1.75 inches apart. Gates must open outward away from the pool and be self-closing and self-latching, with the release mechanism located at least 54 inches above the bottom of the gate when on the pool side. Where a dwelling wall serves as part of the barrier, doors with direct pool access must be equipped with an alarm or self-closing/self-latching device. Permits are issued by the Planning Department (701-515-5370).
Installing a pool without a permit, or with a non-compliant barrier, must be corrected before final inspection. The Planning & Inspections Department can issue stop-work orders and require after-the-fact permits. Continued non-compliance can be cited as a public nuisance under the West Fargo municipal code.
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Side-by-side rule comparisons with other cities in Cass County.
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