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Providence amends pool-fence code to allow certified safety covers but rejects retroactive relief
Summary
The council amended Providence City Code 5-4-7 to allow ASTM/ISPSC-certified powered or lockable safety pool covers as an alternative to perimeter fences, but declined to make the change retroactive; staff warned retroactivity would undo open citations and should be addressed by judges.
A public hearing and ordinance vote on Providence City Code 5-4-7 concluded June 17 with the council adopting amendments that allow specific ASTM/ISPSC-certified safety pool covers as a permissible alternative to the normal perimeter-fence requirement, while removing an applicant's request that the change apply retroactively to past cases.
An attorney who appeared and the applicant discussed the technical performance standards that make certified powered or lockable covers a safe alternative: load-bearing capacity (applicant cited a 485-pound standard), no standing water, locking mechanisms and compliance with International Swimming Pool and Spa Code section 305.1 and ASTM F1346-type guidance. Applicant Dion Hener said adopting the state standard retroactively would "legalize existing highly safe technology" and "equalize" owners who currently use compliant covers.
City staff and the prosecuting attorney warned that retroactive relief would create administrative and legal complications, potentially reversing enforcement actions and citations already issued; they recommended leaving adjudication of existing cases to the judicial process. As one staff member explained, "Any citations that have been done would then be reversible," and the prosecuting authority could review pending cases case-by-case.
Council voted to adopt the ordinance amendment aligning local code with the state's safety-cover allowance but specifically omitted retroactive language so that existing citations or enforcement actions remain subject to judicial or prosecutorial discretion.
The council's action allows owners who install certified safety covers that meet the specified standards to request code compliance without building a perimeter fence going forward; the city will continue to enforce existing citations and to adjudicate pending cases in the courts as appropriate.
