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25 | On 02/09/2024, Licensing Program Analyst (LPA) Jeovanna Yanez conducted an unannounced case management inspection. LPA was greeted by Licensee, Ana Wence de Vaca. Present during today's inspection were six (6) children. The purpose of the inspection was to inspect the “off-limits” backyard due to the in-ground pool and jacuzzi barricade/fencing not meeting Title 22 Regulations during annual inspection on 12/13/2023.
Licensee stated the pool and jacuzzi will be used for Licensee's personal use only, and will be off-limits for day care children and during day care operating hours. The pool is located in the "off-limits" backyard." LPA observed an in-ground pool filled with water and covered with a Waterwarden Pool safety net. The pool net is anchored to the cemented surface. Licensee demonstrated that the pool net can sustain the weight of an adult by walking across the pool. LPA observed excess netting surrounding the pool, and the length of the openings on the net measured longer than 1.75 inches. LPA discussed the following regulation: Operation of a Family Child Care Home - 102417(g)(5)(A) states "(5) All licensees shall ensure the inaccessibility of pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds and similar bodies of water through a pool cover or by surrounding the pool with a fence. (A) Fences shall be at least five feet high and shall be constructed so that the fence does not obscure the pool from view. The bottom and sides of the fence shall comply with Division 1, Appendix Chapter 4 of the 1994 Uniform Building Code. In addition to meeting all of the aforementioned requirements for fences, gates shall swing away from the pool, self-close and have a self-latching device located no more than six inches from the top of the gate. Pool covers shall be strong enough to completely support the weight of an adult and shall be placed on the pool and locked while the pool is not in use."
LPA discussed the following options with Licensee to bring pool inaccessibility into compliance:
1. Licensee could locate a swimming pool cover that meets specific guidelines and manufacturer’s requirements. (Licensee to check with Licensing prior to installing). (continued on 809-c)
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