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oV;N San Joaquin County <br /> oP••"" •• � DIRECTOR <br /> -.00ZOEnvironmental Health Department Donna Heran,REHS <br /> •G <br /> ,).. 600 East Main Street PROGRAM COORDINATORS <br /> Robert McClellon,REHS <br /> Stockton, California 95202-3029 <br /> �- Jeff Carruesco,REHS,RDI <br /> .. �w Kasey Foley,REHS <br /> << <br /> '90 R Website: www.sjgov.org/ehd Linda Turkatte,REHS <br /> Phone: (209)468-3420 <br /> Fax: (209)4640138 <br /> ��ecP <br /> January 18, 2011 <br /> Jeffrey B. Setness, Esq. <br /> Law Offices of Mayall, Hurley, Knutsen, Smith& Green <br /> 2453 Grand Canal Blvd. <br /> Stockton, CA 95207-8253 <br /> RE: St. Mary's High School Aquatics Center, 5648 N. El Dorado <br /> Dear Mr. Setness, <br /> This letter is in response to your e-mail letter dated January 18, 2010, which I believe was <br /> incorrectly dated; the year should read "2011". At any rate, I did receive an e-mail and fax copy <br /> of the same letter on today's date. <br /> You mention in your letter that we spoke in February, 2009 about the swimming pool at St. <br /> Mary's High School, 5648 N. El Dorado Street. I do remember this conversation we had in our <br /> office. I do agree with the fact that this pool has split main drains that are hydraulically balanced <br /> between the two drains and, as stated in your letter, would be difficult for a person to cover one <br /> of these drains and be held down by it, since they appear to be "unblockable". This was an <br /> opinion that I shared with you. A variance from the requirement for this pool to comply with the <br /> provisions of the Federal Virginia Graeme Baker Pool & Spa Safety Act (VGB) was not granted <br /> by the San Joaquin County Environmental Health Department (EHD) at that time, nor is one <br /> granted at this time. The fact that a public pool has split main drains with large drain covers does <br /> not preclude it from the requirements of the VGB Act. I do apologize if this point was not <br /> stressed during our conversation and that a formal response was not produced at that time by the <br /> EHD. <br /> On October 11, 2009, Assembly Bill (AB) 1020 was signed into California State law. This bill <br /> added Sections 116064.1 and 116064.2 to the California Health and Safety Code relating to <br /> public pools. These new sections incorporate provisions of the VGB Act into California State <br /> law and are intended to prevent suction drain entrapments and drownings in public pools. The <br /> new law requires that, among other provisions, every public pool be retrofitted with approved <br /> drain covers manufactured after December 19, 2008, whether the pool has single or dual main <br /> drains: <br />