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Delano council adopts ordinance allowing 4‑foot pool fences with qualifying safety covers
Summary
The City of Delano approved a text amendment to allow 4‑foot fences around in‑ground pools when an ASTM‑compliant automatic safety cover is installed, reversing a Planning Commission recommendation and adopted by roll call vote.
The Delano City Council on June 2 adopted a text amendment to city code (51.03 Subdivision C7.e1)(5)) permitting a 4‑foot fence around in‑ground pools when an ASTM‑compliant automatic safety cover is installed.
The change, adopted by roll call vote with Mayor Holly Schrupp and Councilmembers Jason Franzen, Becky Schaust and Peter Froehle voting aye and Councilmember Todd Belz absent, was proposed after staff concluded the change would apply broadly rather than to a single property. Planning Commission had recommended denial over concerns the cover could be left open or experience mechanical failure, but supporters on the Council said the cover adds safety and that some properties are constrained to 4‑foot fences by PUD requirements.
Jennifer Anderson, who addressed the Council in favor of the change, said the amendment “would only apply to ASTM‑compliant automatic safety covers” and emphasized the cover’s purpose is safety rather than avoiding a taller fence requirement. Councilmember Becky Schaust noted such covers are designed to support significant weight when closed; Councilmember Peter Froehle said if someone can get over a 4‑foot fence they can likely get over a 5‑foot fence and cited PUD limitations that affect some property owners.
City Administrator Phil Kern explained the text amendment route was appropriate because the requested change would apply to all properties rather than a single variance request. The minutes record that the Planning Commission reviewed the item and advised denial based on mechanical‑failure concerns, which Council members discussed before voting to adopt.
The ordinance change amends local fence-height requirements for in‑ground pools; the minutes do not specify an effective date or additional implementing regulations. The Council did not record a formal amendment to require inspection or maintenance standards for qualifying covers during the meeting.
The Council moved on to remaining agenda items after adopting the ordinance.
