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Fargo, ND Swimming Pools & Spas: Pool Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Swimming pool permit rules in Fargo, ND, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Permit threshold
Pools 24 inches or deeper
Exempt
Pools under 24 inches deep
Enforcing agency
Fargo Inspections Department
Governing code
Amended IRC § R105.2
Barrier trigger
48-inch fence once permitted

Summary

Fargo's amended Residential Code exempts swimming pools under 24 inches deep from a building permit: anything deeper needs Inspections Department review and an issued permit before installation.

R105.2 Work exempt from permit. * * * *

Building:

1.Other than storm shelters, one-story detached accessory structures, provided the floor area does not exceed 120 square feet.2.Fences not over 8.5 feet high.

* * * *

7.Swimming pools that are less than 24 inches (610 mm) deep.

* * * *

10.Decks not exceeding 120 square feet in area, that are not more than 7 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R318.4.

Section R108.3 is hereby amended to read as follows:

R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.

Section R201.3 is hereby amended to read as follows:

Full Breakdown

The city amended Section R105.2 of the International Residential Code to spell out which residential projects skip the permit process. Swimming pools less than 24 inches (610 mm) deep are exempt: everything deeper, including most above-ground and all in-ground pools, requires a building permit from the Fargo Inspections Department before construction begins. Once a pool crosses that depth threshold, it also triggers the city's pool-barrier rules under the amended Property Maintenance Code, which call for a 48-inch fence or approved barrier around the water. Homeowners installing a standard backyard pool should plan on pulling a permit and passing inspection, not just digging and filling.

Violations & Fines

Installing or maintaining a pool 24 inches or deeper without a permit is a code violation the Inspections Department can cite, requiring after-the-fact permitting, possible stop-work orders, and standard municipal penalties.

Frequently Asked Questions

Do I need a permit for an above-ground pool in Fargo?
Yes, if the water depth reaches 24 inches or more. Only pools shallower than 24 inches (610 mm) are exempt from a building permit under Fargo's amended Residential Code.
What triggers pool fencing requirements in Fargo?
Once a pool needs a permit, Fargo's amended Property Maintenance Code requires a barrier at least 48 inches tall around the pool or spa, per Section 303.2.1.

Sources & Official References

Other rules in Fargo

All Fargo rules

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