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Leeseberg, Chris <br /> From: Peter Beck<peter@peterbecklaw.com> <br /> Sent: Tuesday, June 25, 2013 11:54 AM <br /> To: Leeseberg, Chris <br /> Subject: FW:City of Elk River: Pools <br /> Chris, <br /> I agree with Roger:Our decision not to require fences should be protected by discretionary immunity. I'm not saying it's <br /> a good policy decision, but it should not subject the City to liability. <br /> Let me know if you have any other questions. <br /> Peter <br /> Peter Beck <br /> BLCK LAW OEFILL <br /> 2600 US Bancorp Center <br /> 800 Nicollet Mall <br /> Minneapolis, MN 55402 <br /> (612)991-1350 <br /> peterPoeterbecklaw.com <br /> This message is from a law office, and thus may contain or attach confidential information or an attorney-client <br /> communication that is confidential and privileged by law. It is not intended for transmission to,or receipt by,any <br /> unauthorized person. If you believe that you have received this message or any attachment in error,simply delete both from <br /> your system without reading or copying,and notify the sender by e-mail or by calling(612)991-1350.Thank you. <br /> From:Roger Knutson [mailto:RKnutson@ck-law.com] <br /> Sent:Tuesday,June 25,2013 8:33 AM <br /> To: Peter Beck <br /> Subject: RE: City of Elk River: Pools <br /> "Public" pools, which are any pool other than a private residential pool are required to have <br /> controlled access such as fencing, Mn. Stat. § 144.1222, Mn. Rules 4717.1550. International <br /> Building Code § 3109.04 generally requires fencing for private pools but Mn. Rules § <br /> 1305.3109 deletes that IBC section from the State Building Code. A city's decision not to <br /> require fencing for private pools should not create any city liability because of discretionary <br /> immunity. Not having a fence, however, could set up the private pool owner with a liability <br /> situation. <br /> From: Peter Beck{mailto:peterPoeterbecklaw.corn] <br /> Sent: Monday, June 24, 2013 6:57 PM <br /> 1 <br />