Orleans Board of Health Weighs Pool Fence Rules
Board of Health · Meeting of September 10, 2026
Orleans Board of Health pauses pool fence variance decisions pending a Town Counsel opinion. Building Commissioner Davis told the board that Massachusetts allows either a fence or an ASTM F1346-compliant powered safety cover around pools, but argued the two are not equivalent since a retracted cover provides "zero barrier" protection. Member John Kanaga said he still can't find a safety rationale for the town's 20-foot variance standard, while member Asa Nadeau argued covers may be as protective for children already living in the home.
Member Sims McGrath Jr. agreed to draft a request asking Town Counsel whether the board's variance power under the 1992 bylaw, Chapter 147, extends to the stricter fence requirement in the board's 1970s regulation, Chapter 185. Davis cited 2022 state data showing 57 drowning deaths and 86 non-fatal near-drownings in Massachusetts. Members said the town has been "threatened with a lawsuit" over past variance rulings, and agreed to hold pending applications, including one seeking no fence at all, until Town Counsel responds.
In the full story:
- Who Was There
- Organizations And Documents Referenced
- The complete report — 2,131 words
Source: the Board of Health meeting of September 10, 2026, reported from the official video recording and transcript.
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