This comment isn't directed at you but the picture is a good backdrop. Fences aren't put there for people to climb over, so that shouldn't be a code issue, but as many other considerations, a customer issue. If the posters who are so adamant that it is beneath their quality standards, the they shouldn't install it that way. For the rest of us, it is up to the customer, and the AHJ (to determine the "where subject to damage" clause. We can argue all day long but the AHJ has all the power in this situation. As others have pointed out, the fence construction could have a lot to do with whether it passes AHJ muster. I can think of chain link fences and installations (like the one in this picture) that I would approve and many that I would shoot down.