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Public Swimming Pool Requirements June 15, 1998 Page 2 Public swimming pools are now regulated, in part, pursuant to Article 5 of Chapter 5 of Part 10 of Division 104 of the California Health & Safety Code commencing with section 116025. A public swimming pool is defined in this Article as "any public swimming pool, bathhouse, public swimming and bathing place and all related appurtenances." (Health. & Saf. Code, § 116025.) Health & Safety Code section 116050 provides that regulation and enforcement of public swimming pools shall be pursuant to the State Building Standards Code. This section provides that regulations as to design or construction of pools shall not apply to any pool that has been constructed before the adoption of the regulations, if the pool as constructed is reasonably safe. It is my understanding, that a pool is being reconstructed and that new permits are being issued; therefore, these provisions would apply. In the alternative, if the pool as constructed is not reasonably safe, then enforcement could occur. Jerry Herzick, Deputy Director of Community Development Depat tnient, has provided you with the controlling provision of the State Building Standards Code regarding public swimming pools and the associated enclosure requirements. Chapter 31B of the State Building Code specifically applies to construction, installation, addition, relocation, or replacement of any Public Swimming Pool. Section 3118B of the State Building Standards Code provides that pools shall be enclosed by either a fence, a building, or portion thereof, or approved durable structure. The enclosure shall have a minimum height of 5 feet. (Section 3118B, subd. 1.) In addition, any opening or gap in the enclosure shall not allow the passage of a 4 inch diameter sphere and the bottom of the enclosure shall be within 2 inches of the ground. (Section 3118B, subd. 2.) Please contact me if you have any further questions.