A building permit is required , please contact Building Services at 605-767-5010

R326.1 General. The design and construction of barriers for pools and spas shall comply with the following:

R326.2 Definitions. For the purposes of these requirements, the terms used shall be defined as follows and as set forth in Chapter 2.

ABOVEGROUND/ON-GROUND POOL. See “Swimming pool”.

BARRIER. A fence, wall, building wall, or combination thereof that completely surrounds the swimming pool and obstructs access to the swimming pool.

HOT TUB. See “Swimming pool”.

IN-GROUND POOL. See “Swimming pool”.

RESIDENTIAL. That which is situated on the premises of a detached one- or two-family dwelling or a one-family townhome not more than three stories in height.

SPA, NONPORTABLE. See “Swimming pool”.

SPA, PORTABLE. A nonpermanent structure intended for recreational bathing in which all controls, water-heating, and water-circulating equipment are an integral part of the product.

SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water more than 18 inches deep.  This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.

SWIMMING POOL, INDOOR. A swimming pool that is totally contained within a structure and sounded on all four sides by the walls of the enclosing structure.

SWIMMING POOL, OUTDOOR. Any swimming pool that is not an indoor swimming pool.

R326.3 Application. The provisions of this chapter shall control the design of barriers for residential swimming pools, spas, and hot tubs.  These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools, spas, and hot tubs.

This requirement shall be applicable to all new swimming pools hereafter constructed, other than indoor pools, and shall apply to all existing pools, which have a depth of 18 inches or more of water.  No person in possession of land within the City, either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of water of 18 inches or more, shall fail to provide and maintain such barrier as herein provided.

R326.4 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, aboveground, or on-ground pool, hot tub, or spa, shall be surrounded by a barrier that shall be installed, inspected, and approved prior to filling the swimming pool with water and that completely surrounds and obstructs access to the swimming pool.  Said barrier shall comply with the following: 

  1. The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier that faces away from the swimming pool.  The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool.  Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure.  Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.
  2. Openings in the barrier shall not allow the passage of a 4-inch-diameter sphere.
  3. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and means of access is a ladder or steps, then:a) The ladder or steps shall be capable of being secured, locked, or removed to prevent access; orb) The ladder or steps shall be surrounded by a barrier, which meets the requirements of Item 1 above.  When the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a 4-inch-deameter sphere.
  4. All gates or door openings through the barrier shall be equipped with self-closing and self-latching devices for keeping the door or gate securely closed at all times when the pool is not in actual use, except that the door of any dwelling that forms part of the enclosure need not be so equipped.

 

R326.4.1 Barrier exceptions: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this chapter.  Modifications in individual cases, upon a showing of good cause with respect to height, nature, or location of a fence, wall, gates, or latches, or the necessity thereof, may be made by the Building Official, provided the protection as sought hereunder is not reduced thereby.  The Building Official may grant permission for other protective devices or structures to be used as long as the degree of protection afforded by this substitute device or structure is not less than the protection afforded by the wall, fence, gate, and latch described herein.  A reasonable period within which to comply with the requirements of this section for existing swimming pools shall be allowed, which period shall not exceed 90 days after notification by the Building Official.