North Dakota Pool Fence Requirements at a Glance

Fence Required?
LocalThe state code applies only where a city, township or county chooses to enforce a code.Sources verified September 2026
Minimum Height
48 inches where the state code is enforced
Maximum Opening Size
4 inches
Gate Requirements
Self-closing, self-latching, opens outward. Outside-reachable latch at 54"+; a pool-side-only latch 3" below the top.
Permit Required
Where your city, township or county enforces the state code
Governing Code
ND State Building Code (2024 IRC), where a city, township or county enforces it
Always Verify With Your Local Authority

State and local laws change. This information reflects our best research as of September 2026, but you must confirm current requirements with your local building department before installing or modifying any pool barrier. A North Dakota city, township or county that enforces the state code may amend it to fit local needs (N.D.C.C. 54-21.3-03).

Last reviewed: September 2026. Report an error →

North Dakota Pool Barrier Law

North Dakota has a state building code, but a home falls under it only where the local government has chosen to enforce a code. State law says a city, township or county that elects to administer and enforce a building code must adopt and enforce the state code, and may amend it to conform to local needs (N.D.C.C. 54-21.3-03, reprinted in the state building code book). Where no local government has made that choice, the state code does not apply to your home.

Since January 1, 2026, the state code has been built on the 2024 International Codes, including the International Residential Code (IRC). The state's amendments to the 2024 IRC leave its pool section in place, and that section sends pools to the International Swimming Pool and Spa Code (ISPSC). No appendices are adopted.

Where the code is enforced, ISPSC Section 305 sets these rules (ICC model text, 2024 edition):

  • At least 4 feet tall, measured from the side facing away from the water
  • Bottom clearance of 2 inches or less where the ground is soft
  • Nothing a 4-inch ball can slip through
  • Self-closing, self-latching gates that open away from the pool and accept a lock
  • Latch releases below 54 inches mounted on the pool side, 3 or more inches from the top
  • Alarms, a listed cover or another approved means where house doors open to the pool

The code waives the barrier for pools with a powered safety cover and spas with a lockable one, if listed to ASTM F1346.

Is your city on the list?

The state's code book lists the jurisdictions enforcing the code as of 2022, among them Bismarck, Fargo, West Fargo, Grand Forks, Minot, Mandan, Williston, Dickinson and Jamestown, plus 12 counties. The Department of Commerce notes that places not on the list may also have adopted the code, so confirm with your local government.

Permits in North Dakota

Permits come from the city, township or county that enforces the code. The state's amendments exempt fences up to 8.5 feet high from a building permit, but the code also says an exemption does not authorize work that violates it, so a pool barrier still has to meet the rule. Where no local government enforces a code, there may be no permit process at all.

Above-Ground Pools in North Dakota

In a place that enforces the code, a pool wall 4 feet tall or more may do the job of the fence, provided nobody can climb in by the ladder or steps: they must lock, lift out, or be fenced off. Where no code is enforced, state law may require no barrier at all.

Pool Fence Cost in North Dakota

We found no published source that prices pool fences by state or city, so these are national installed ranges from our pool fence cost guide. Quotes where you live can land above or below them.

MaterialInstalled, per linear footFull breakdown
Removable mesh$15 to $35Mesh fence cost
Aluminum$30 to $60Aluminum fence cost
Vinyl / PVC$20 to $45Vinyl fence cost
Tempered glass$90 to $500Glass fence cost

National typical installed ranges, not quotes. Multiply by your fence perimeter. Some sources include one gate in the figure; extra gates, permits and hard deck surfaces add to the total. Sources: HomeGuide (Feb 3, 2026), Life Saver Pool Fence (Aug 5 and Sep 23, 2026) and Pool Guard USA (May 20, 2025). Full source list and method: pool fence cost guide. Reviewed September 2026.

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North Dakota-Specific FAQs

Does North Dakota require a pool fence by state law?

Only where your city, township or county enforces the state building code. There, the 2024 IRC's pool section applies the ISPSC barrier rule. Where no local government enforces a code, state law sets no barrier for a home pool.

How tall does a pool fence have to be in North Dakota?

Four feet on the outside of the barrier, in places that enforce the state code. Local governments may amend the code, so confirm with yours.

Do I need a permit for a pool fence in North Dakota?

Only where your local government enforces the code. The state's amendments exempt fences up to 8.5 feet high from a building permit, but exempt work still has to meet the code.

Which code edition applies?

The North Dakota State Building Code in effect since January 1, 2026 is based on the 2024 International Codes. No appendices are adopted.

Which cities enforce the state code?

The state's code book lists Bismarck, Fargo, West Fargo, Grand Forks, Minot, Mandan, Williston, Dickinson and Jamestown among many others, plus 12 counties, as of 2022. Places not on the list may also have adopted it.

Does an above-ground pool need a fence in North Dakota?

Yes, in places that enforce the code. A 4-foot pool wall can count as the barrier when the ladder or steps lock, lift off or are fenced.

Sources

Every rule on this page traces to one of these. We link the primary source so you can check it yourself.

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