Section 5. Protective fencing related to suicide and attempted suicide.
The department shall, as part of the department's preliminary design process for the building of a bridge or the installation, modification or rehabilitation of a concrete barrier on a bridge, consider installation of protective fencing if:
(1) the department has direct notice of an instance of suicide or attempted suicide; or
(2) increased surveillance or intervention or installation of warning signs or other deterrence measures has not previously resulted in a decrease in the instance of suicide or attempted suicide.