Minnehaha County, SD Swimming Pools & Spas: Hot Tub Rules (2026)

IRC Appendix G section AG109 as adopted by Minnehaha County (effective May 27, 2022) provides that spas or hot tubs with a safety cover that complies with ASTM F1346 are exempt from the barrier requirements of AG105 — the same 48-inch fence/gate framework that applies to pools. ASTM F1346 covers must support an adult standing on them, lock when closed, and resist child unlocking. This is the standard practical compliance path for residential hot tubs: install a code-compliant locked cover, and no separate barrier fence is required. A building permit is required for spas/hot tubs holding water deeper than 24 inches under IRC R105, and a separate electrical permit is required for the 240V circuit and bonding/grounding of the spa per IRC E-series. Spas and hot tubs are accessory structures under the 1990 Revised Zoning Ordinance for Minnehaha County and must observe the accessory-use setbacks of the underlying district. South Dakota has no state-level spa or hot tub statute — the county's IRC adoption is the only binding rule. Inside Sioux Falls, Brandon, Hartford, or Dell Rapids city limits, the city code applies instead.