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JAN-18-2011 10:49 From:MAYALL LAW C-TRM To:200"40138 P.2/5 <br /> LAW OFFICES <br /> MAXALL,HURLEY,IS.NUTSUN,SMITH&GREEN <br /> A PROFESSIONAL CORPORATION WILLIAM W (TALE <br /> 7453 GRAND CANAL BOULEVAkD. SECOND FLOOR MARK STEPHEN ADAMS <br /> 1. ANT NO NYABBOTT <br /> STOCKTON, CALIFORNIA 95ZO7-8253 VLADIMIR F, R021NA <br /> STEVEN A. MALCOVN <br /> MARX E. FERRY <br /> FAX (209) 473-4818 WILLIAM J. GORNAM II) <br /> JEFFREY B. SBTNBSS <br /> RANDO A. RODR)OVEZ <br /> TELEPHONE (209) 477-3833 IONANNE MED INA <br /> ROBERT WA55ERMAN <br /> DEN N15 LUCEY <br /> BRE HT JO <br /> NICK 5CARDIOLI <br /> FAV L KOZ)NA <br /> PETER DEVBNCBNZI <br /> January 18, 2010 <br /> VIA E-MAIL icarruescoAsicehd.com AND FACSIMILE (209)464-0138 <br /> Jeff Camaesco <br /> San Joaquin County Environmental health Department <br /> 600 East Main Street <br /> Stockton, California 95202-3029 <br /> Re: Cortopassi Aquatics Center at Saint Mary's High School <br /> Virginia Graeme Baker Pool and Spa Safety Act <br /> Dear Jeff: <br /> I am writing in response to the EHD Memorandum dated November 22, 2010 which was <br /> sent to Saint Mary's High School regarding compliance with the Virginia Graeme Baker Pool <br /> and Spa Safety Act. A copy of the Memorandum is attached as Exhibit 1. <br /> I am surprised that Saint Mary's received this Memorandum given the fact that you and I <br /> both concluded in February 2009 that the Virginia Graeme Baker Pool and Spa Safety Act did <br /> not apply to the Cortopassi Aquatics Center. Specifically, I would direct your attention to nay <br /> correspondence dated February 5, 2009 which stated, in pertinent part,that: <br /> I am writing to follow up our discussions yesterday rcgarding the drains at the <br /> Cortopassi Aquatics Center. Based upon our review of the plans yesterday, I believe you <br /> are in agreement that the Cortopassi Aquatics Center does not have a"single main <br /> drain"within the meaning of the Virginia Graeme Balser Pool and Spa Safety Act <br /> (and thus not subject to the requirements of the Act)because the Cortopassi Aquatics <br /> Center has two drains(commonly referred to as a split main drain) which are <br /> approximately 13 feet apart. In addition, it is worthy of note that each of these drains are <br /> approximately 2 feet by 4 feet and thus, as a practical matter, it would be nearly <br /> impossible for a person to cover one of these drains and be held down by it. (Emphasis <br /> added.) <br /> A copy of my February 5, 2009 correspondence to you is attached as Exhibit 2. <br />