A neighborhood quarrel over a swimming pool has Boone County officials working to mend what they see as a loophole in their fence rules.

All swimming pools, spas and hot tubs in Boone County must be fenced, although county regulations don’t say what materials should be used.

That would change under a draft amendment presented yesterday to the Boone County Commission. The amendment would require swimming pools to have fences "constructed of metal chain link fence, wood, stone or masonry or other material approved by the building official."

The proposed changes in pool fencing regulations are a response to a long-running feud between next-door neighbors on Cedar Grove Boulevard east of Columbia. For more than a year, Angela Anderson has complained to county officials that the in-ground pool of Frank and Lena Davis is unsafe for her children, ages 23 months, 4 and 7. The Davises now have an orange, temporary plastic fence around the pool, which Anderson said is not enough to keep out curious children.

"No child should ever have to deal with this," she said. "It is ridiculous, it is unsafe, it is a tragedy waiting to happen."

The Davises say the pool is not a threat, and they have in place a heavy-duty pool cover. They also plan to install a permanent fence within a few weeks. They have argued the best safety measure is keeping a close watch on children.

"Her and her thing about the kids is ridiculous," Frank Davis said early this week.

County building officials say the Davises’ plastic fence meets the county’s existing rules. That’s a problem, say county commissioners. "I don’t think those pictures meet the intent of the code," said Southern District Commissioner Karen Miller while studying photos of the Davises’ fence.

"A small kid could pick that plastic fence up real easy and zip right under it," said Skip Elkin, Northern District commissioner.

The changes are being incorporated into a larger overhaul of county building codes. The new codes should come up for public hearing next month and could be finalized before the end of the year. The commissioners and county Planning and Building Director Stan Shawver cautioned that new rules won’t necessarily mean all pools in the county will soon have sturdy fences.

"As you all know, a regulation is only as good as a person that wants to have it enforced on them and wants to comply," Shawver told county commissioners, pointing out that making things illegal doesn’t stop people from doing them.

Shawver said in an interview today that many people don’t even bother to get a pool permit, which is a county requirement. He said his department only issues about six pool permits each year. Because of that, he had no estimate for how many swimming pools there are in the county.

Boone County Presiding Commissioner Keith Schnarre said "You do the best you can to protect, but it’s never perfect."