Ordinance No. 2021-8-13: To amend Section 6-186, Maintenance, of Division 1, Generally, of Article VII, Fences, of Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the City of Plano; providing for an offense for the failure to maintain a fence structure; and providing a repealer clause, a severability clause, a penalty clause, a savings clause, a publication clause and an effective date. Adopted

The City of Plano Code of Ordinance, Chapter 6, Buildings and Building Regulations, Article VII – Fences, Section 6-186 - Maintenance, establishes the minimum maintenance requirements for all fences constructed within the City of Plano. The proposed ordinance amendment will allow the code official to secure any opening greater than four inches in diameter in fences enclosing swimming pools or spas.

State law provides that a municipality may establish minimum standards for swimming pool fences and enclosures and may adopt ordinances necessary to implement these standards.

The current ordinance requires that any opening greater than four (4) inches in diameter in fences that enclose swimming pools or spas shall be covered at all times, with the exception of when repair or replacement work is actively being conducted.  When openings are not properly secured, the swimming pools and/or spas are exposed and create a serious public safety risk.

This amendment will allow the code official to mitigate these public safety issues by temporarily securing the fencing from the exterior of the property. These openings are typically secured with orange temporary fencing stapled or zip tied to the existing fence.

This item has no financial impact.     

Approval of this agenda item supports the City's Strategic Plan Critical Success Factor of Excellent, Innovative, and Accountable City Government.