20210623-2: Safety requirements for dangerous fence design — original pdf

Recommendation

BOARD/COMMISSION RECOMMENDATIONS BOARD / COMMISSION RECOMMENDATION Building and Fire Code Board of Appeals Recommendation Number: (20210623-2) Safety requirements for dangerous fence design WHEREAS, the Austin City Council adopted section 9-4-41 Restriction on use of barbed wire fence in 1992 (Source: 1992 code section 10-1-9: ord. 031023-13; ord. 031211-11) recognizing the dangers of such fence, other fence designs have been identified as equally dangerous to also include loss of life; and WHEREAS, it is recognized that other existing fence requirements are intended to isolate a hazard such as 25-2-899 (E) (2) and the swimming pool code with no consideration for the potential dangers of the fence itself; and WHEREAS, the primary concern being entrapment and impalement of children who by nature are climbers, citizens performing roof and gutter maintenance, and animals that jump over fences; and WHEREAS, neighborhood councils across the U.S have recognized the dangers and cost of spiked pickets, spiked bars and other spiked decorative elements and protrude above the top horizontal bar of a fence. People, pets and wildlife have been killed or seriously injured; and WHEREAS, affordability is a high priority for the Austin Community; and WHEREAS, alternative styles of flat top fences are already manufactured and available to purchase at equivalent cost; and WHEREAS, according to Chapter 2-1-3 of the city code, it is the duty of the Board to “Advise the City Council regarding appropriate City Council amendments that create a safe environment for all citizens in the City of Austin.” NOW, THEREFORE, BE IT RESOLVED BY THE BUILDING AND FIRE CODE BOARD OF APPEALS: The Board recommends the Austin City Council direct the City Manager to initiate a code amendment process, with full stakeholder involvement, to consider an amendment to 25-12 Technical Codes for the City of Austin to address dangerous fence design including spiked pickets, spiked bars and other spiked decorative elements that protrude above the top horizontal bar of a fence; and BE IT FURTHER RESOLVED: Life cycle costs should be taken in consideration, utilizing data from all reputable sources; and BE IT FURTHER RESOLVED: The Board recommends that the code amendments apply to fences six feet or less, new fences and substantial fence repairs. Note: After several meetings discussing this subject, with input from interested parties, staff and Board members, the Board noted this issue does not appear to be adequately addressed by current codes and ordinances. Date of Approval: 6/23/2021 Record of the vote: Unanimous vote 6-0 Attest: