the fence will have to be angled from the 5' to the 6.5 total feet .

This should be easy for the fabricators to do.

racket, if it's angled, wouldn't that leave a space at the bottom?

These fence codes are ridiculous. I live on a lake and I need to change the swing on my 5' iron gate so that it opens outward. Presumably so that small children cannot push it in and gain access to the pool. The silly part is that the lake edge is only 10' away from the gate. It would be funny if it weren't so incredibly stupid!!!

All that being said you could consider extending the upper section a bit past grade then making a small section that is 6 1/2'. You should check to ensure this will pass but there won't be any sections that are less than the 5' requirement.

you could extent the wall, and angle it, or they could add extend the top of it where the angle is.

Any update on what you did here? We have a 3 foot (actually, it may be closer to 4) retaining wall that we need to bring our fence up (no choice). I would like an elegant, but SAFE solution....Looking for ideas.

My solution for our 5 foot retaining wall is not very elegant but this fence is not required by code. We put it up to keep our 4 year old, who is a great swimmer but is 4..., from wandering into the pool unattended.

Here is my retaining wall:

The fence is going around our pool only (we are paranoid about our kids, or others, on the swingset, then running into the pool).

It is going to go in between the two paved parts as shown (with the gate in the middle of the path). The fence will go up the wall to about where the temporary fence is and cut across. So we have to worry about how it will look in several places (BTW, it is going to be 5' black aluminum fence). Since the wall is about 3.5-4' at that point and the fence is 5' I am worried about how it is going to look. The fence guy didn't sound too promising, as he said "sometimes people hang flowers at the edge of the fence so it isn't so noticeable that there is 10' high fence that drops down to 5'"....

I am thinking about some custom made solution just for that part. It might cost some extra $, but we are already spending soooo much, it is "in the noise" (I have used the phrase so many times, our costs are up 50% more then we wanted to spend).