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April 29, 2019 Jeff Carruesco C/O San Joaquin County Environmental Health 1868 E. Hazelton Avenue Stockton, CA 95205 Re: Park West Homes Association No. 1 swimming pools Dear Jeff: Last September I was elected to the Board of Directors of our homeowners association. During one of our meetings one of our attending homeowners was Michael Orr, He told us that our pools needed to be reviewed for compliance with the many pool regulations that exist. I understand he has worked with you and many other Department of Health officials and is very familiar with pool and spa legal requirements. Based upon that comment I did a lot of research and downloaded a great deal of information, including the poolcode.pdf. After reviewing the information I inspected our two swimming pools. They have Permits PT0000923 (Pool 2), and PT0000911 (Pool 1). 1 also reviewed the Inspection Reports you supplied for the years 2015 — 2018 to check if the noted compliance issues had been complied with. What I discovered was very surprising and troubling. I am very concerned about the current condition of our pool facilities, especially regarding user safety and potential liability to our association. I discovered that our insurance policies could exclude claims arising from our pool facilities if they are out of compliance with all codes. In our insurance applications it was claimed that we met all codes. The policies also have an explicit exclusion for any claims related to pathogens, microbes, and pollution. As you know, public pools have thousands of reports yearly to the CDC of outbreaks related to those types of hazards. While our pools are usually open for homeowner use for the summer months only, the pool facilities themselves are used year round by some of our vendors, both for the bathrooms, and also by the pool maintenance personnel. That means that people do go inside the enclosure several times per week. In addition, people do sneak into our pool enclosures. As recently as April 17 this year three young males had climbed over the fence on Pool 2 during the day and were swimming, even though it was not open. Other times fences have been climbed and items stolen. What I found during my reviews is very concerning: 1. The Inspection Reports and listed violations were not corrected for the most part, and some of the same violations were noted again in following year(s). 2. That many major violations, including safety related, were not even noted in the inspection reports. 3. That there are many non-compliance issues both physically and operationally. 4. In 2018 there were two "active drowning" reports written up. One was directly linked to the lack of a buoy/rope system at the 4'/' depth marker at Pool 1. Neither pool has dividing buoy systems between the shallow end and deep end. 5. There is no designated pool supervisor. With what I found in my inspections, and considering our insurance situation, the pool facilities need to be corrected as soon as possible. Given the normal pool schedule is for opening the Memorial Day Weekend, and major repairs require DEH approval before being done, the facilities should not be opened until the facilities meet all codes.' They are currently planning on opening the pools on Memorial Pool Supervision Responsibility. (a) Every pool shall be under the supervision of a person who is fully capable of, and shall assume responsibility for compliance with all requirements relating to pool operation, maintenance, and safety of bathers'. (b) No pools shall be used or available for use unless all of the requirements of subsection (a) and the following are complied with: (1) Routine (e.g., daily and weekly) operating procedures shall be permanently posted in a location accessible to and frequented by the operator. (2) Manufacturers' instructions for operation and maintenance of mechanical and electrical equipment shall be kept available for the operator.