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PUBLIC ITEALTH SERVIIICES <br />SAN JOAQUIN COUNTY <br />ENVIRONMENTAL HEALTH DIVISION <br />Karen Furst, M.D., M.P.H., Health Officer <br />304 East Weber Avenue, Third Floor • Stockton, CA 95202 <br />209/468-3420 <br />September 15, 1998 <br />James L. Whittaker, Chairman <br />Tinsley Island Committee <br />1289 Sanderling Isl. Rd. <br />Pt. Richmond, CA 94801-4116 <br />Re: Tinsley Island Swimming Pool <br />Dear Mr. Whittaker: <br />Your request for a variance to allow omission of the required fencing enclosure around <br />the proposed swimming pool at Tinsley Island cannot be granted. It is the opinion of the <br />Environmental Health Division (EHD) and that of San Joaquin County Counsel that Title <br />22, Section 65509 refers to plan approval pursuant to Section 65505. This section does <br />not provide an authorization to grant variances but rather a requirement that swimming <br />pools shall be constructed, reconstructed or altered in compliance with approved plans <br />unless a written approval of variance from such plans is obtained from the enforcement <br />agency. <br />The EHD cannot make the finding that there is sufficient reason to omit the requirement <br />for an enclosure of the pool area as required in Title 24, Section 2-9024. <br />For your information, the California Conference of Directors of Environmental appoints a <br />Technical Advisory Committee who reviews legislation, proposed regulations, and <br />develops non-binding positions concerning the interpretation of the laws and regulations <br />affecting pool construction and operation. EHD staff indicated that contacts contacts <br />with the chairman of this committee, Richard Kebabjian, REHS, indicated that the <br />committee would not support a variance to omit the fencing requirement concerning the <br />proposed pool. <br />I further contacted Dave Quinton, REHS, of the State Department of 1-TcaJih Services, <br />who is the State representative to the above-mentioned committee. Mr. Quinton is also <br />the State contact person concerning public swimming pool issues. He indicated that there <br />is no formal appeals procedure concerning laws and regulations; howc he legal staff <br />for the State Department of Health Services would be available to provide legal opinions. <br />Mr. Quinton can be reached at (916) 324-2208. <br />A Division of San Joaquin County Health Care Services