Licensing Aquatic Venues (216-RICR-50-05-4)


216-RICR-50-05-4 ACTIVE RULE EMERGENCY RULE

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4.1Authority and Purpose

4.2Definitions

4.3Licensure, Lifeguards and Inspections

4.4Design Standards and Construction Requirements for New Aquatic Facilities and Aquatic Venues; for Substantial Alterations to Existing Aquatic Facilities and Aquatic Venues; for Non-Substantial Alterations to Existing Aquatic Facilities and Aquatic Venues; and for In-Kind Replacements

4.5Supplemental Regulations for Facility Design and Construction Requirements for All Aquatic Facilities and Aquatic Venues

4.6Requirements for the Operation of Aquatic Facilities and Aquatic Venues

4.7Compliance and Enforcement


Title 216 Department of Health
Chapter 50 Environmental Health
Subchapter 05 Water Quality
Part 4 Licensing Aquatic Venues (216-RICR-50-05-4)
Type of Filing Amendment
Regulation Status Active
Effective 06/06/2022 to 10/04/2022

Regulation Authority:

R.I. Gen. Laws § 23-22-2
R.I. Gen. Laws § 23-1-1
R.I. Gen. Laws § 23-1-17

Purpose and Reason:

This rule is being amended to permit licensees or applicants to hire a private engineer, at the applicant or licensees own expense, to approve designs for construction of new aquatic facilities and venues, substantial alterations to existing aquatic facilities and aquatic venues, non-substantial alterations to existing aquatic facilities and in-kind replacement; and would permit a private engineer to conduct conformance inspections and attest to the Department that the aquatic venue has been constructed properly.

Brief statement of Reason for Finding Imminent Peril:

The emergency Licensing of Aquatic Venues regulation is being promulgated to ensure safe construction and compliance of Aquatic Venues. The Rhode Island Department of Health (Department) currently has no qualified staff to review and approve aquatic venue applications. Without Department approval there will be a failure to open therapy pools which are necessary for certain treatments and regaining muscle strength. Thus, the health and wellness of Rhode Islanders who utilize this therapy will be impacted. Additionally, as the pool season begins, eager aquatic venue owners may decide to open the aquatic venue regardless of Department approval. Unapproved aquatic venues may pose unsafe conditions and increase risk of drowning incidents. This emergency regulation will permit aquatic venue owners or licensees to hire a private engineer to review and approve the aquatic venue which can mitigate the risks of drowning hazard and waterborne disease outbreak and allows for patients to receive hydrotherapy.