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Flat-top Fence Purpose To discuss a code change that would impact fence design for the life and safety of children, pets, wildlife and contractors in our community. Reasons Fences Are Built • Privacy • Security • Marking of property • Safety • Decorative purposes  The proposed language could affect security and design. Minimum Restrictions on Fence Design or Materials • § 25-2-899 - FENCES AS ACCESSORY USES An ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and a solid fence is a fence other than an ornamental fence. • Height restrictions are the most controversial • The swimming pool code is the most restrictive making it unclimbable with a minimum height requirement, self-closing and self-latching gates • Commercial properties are exempt from a building permit when the fence height is 7 feet or less; Residential is exempt when it is 8 feet or less What Started the Discussion In March 2018, one month shy of his 3rd Birthday, Kade Damian died after his neck became stuck between two bars on a wrought iron fence. His feet could not reach the bottom bar and he died almost instantly. His father, a trained first responder, could not revive him; even though Kade was found only minutes after climbing the fence. PROPOSED LANGUAGE 123.1 Fence Design. A fence design with potential climbable features shall not be designed with entrapment and/or impalement features protruding from the top of the fence. A. A non-climbable fence is as determined by the swimming pool B. An entrapment is less than 6 inches of clear space. C. A fence replacement of 50 percent or more requires compliance code. with this section. D. Voluntary compliance on existing fences that are at the maximum height will be exempted from the maximum height requirement, if the addition or modification does not extend an additional 6 inches above the original height.