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CONFIDENTIAL <br />ATTORNEY CLIENT PRIVILEGE <br />June 15, 1998 <br />TO: Al Olsen, Program Manager <br />Environmental Health Division <br />1.4 1 FROM: DeeAnne Watkins <br />Deputy County Counsel <br />RE: Public Swimming Pool Requirements <br />I have reviewed the information which you have provided regarding public <br />swimming pool fencing requirements. You have asked what fencing standards <br />should apply to a public swimming pool which is being reconstructed. The <br />reconstructed pool should comply with the enclosure height requirement of 5 feet <br />pursuant to the California Building Standards Code. Follows is a review. <br />The State Law referenced in the two legal opinions which you provided me as <br />background is no longer applicable. These opinions interpret Health & Safety Code <br />section 24102 and the related California Code of Regulations, which have been <br />repealed. <br />In 1996 the legislature enacted the Swimming Pool Safety Act. (Health & Saf. <br />Code, § 11991 et seq.) This Act regulates fence enclosures for private swimming <br />pools. Public swimming pools are specifically exempt from the provisions of this <br />Act. (Health & Safi Code, § 115925, subd. (a).) For purposes of this exemption, <br />"public swimming pool" includes a pool operated for the use of the general public or <br />for the use of members and guests of a private club. (Health & Safi Code, § 115921, <br />subd. (b).)