Licensing of Recreational Facilities and Beaches (216-RICR-50-10-3)


216-RICR-50-10-3 ACTIVE RULE

3.1 AUTHORITY AND PURPOSE

These regulations are promulgated pursuant to the authority conferred by R. I. Gen. Laws §§ 23-1-5, 23-1-17, 23-21-1, and 23-21-4 and are established to define the minimal standards for recreational facilities consistent with statutory provisions.

3.2 DEFINITIONS

A. For the purposes of these Regulations, the following terms shall have the following meaning:

1. "Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice.

2. "Amusement Place" means any tract of land together with the structures located thereon, the principle use of which is to provide a "midway" of amusement, or animal or vehicle racing for public amusement or recreation.

3. "Bathing" means swimming and the related activities connected thereto.

4. "Bathing Beach" means any natural area or tract of land which is used in connection with swimming and/or bathing in any waters of the state provided:

a. It is open to the public by permit and/or payment of a fee; or

b. It is maintained as a private club or association requiring membership fee or dues; or

c. It is maintained with or without charge for the recreation of groups of ten (10) or more children.

5. "Director" means the Director of the Rhode Island Department of Health or his/her duly authorized agents.

6. "Drainage Unit" means a pit filled with crushed stone for soil absorption of potable water overflow at drinking facilities or watering stations.

7. "Family Camp" means any place maintained to accommodate tents, mobile camping units, trailers, recreation vehicles, etc., in which separate sites are provided or made available for individuals, families or other groups of similar size. Service buildings may or may not be provided.

a. "Primitive Family Camp" means a place provided to accommodate camping with or without tents and/or shelters. Such places are usually not accessible to automobiles and/or recreation vehicles. A primitive family camp is a site at which basic needs for camp operation such as buildings, water supply systems, toilets, lavatories, showers and cooking facilities are not usually provided.

b. "Caravan, Safari, Rally" means an affiliated group of recreational vehicles assembled for a short term camping experience.

8. "Family Campsite" means a portion of land in a camping area for the placement of a recreational vehicle and/or tent for the exclusive use of its occupants.

9. "Garbage" means the putrescible animal and vegetable wastes that result from the handling, preparation and consumption of food.

10. "Hotel, Motel, Motor Court, Inn, Tourist Cabins" means any building or group of buildings with six or more rooms, or accommodations for more than eight individuals, used for temporary occupancy for lodging or sleeping and further provided they are served by a private or non-community water supply or individual sewage disposal system.

11. "Mobile Home" means a prefabricated, one-family dwelling unit, to which temporary wheels can be attached for transportation to a permanent location or foundation. Mobile homes are excluded from the provisions of these regulations.

12. "Operator" means any person who:

a. Alone or jointly or severally with others owns an establishment covered in these regulations; or

b. Has care, charge or control of an establishment as agent or lessee of the owner or as an independent contractor.

13. "Person" means any individual, firm, co-partnership, association or private or municipal corporation.

14. "Plastic Waste Insert" means any liner which consists of a non-dissolvable material used as a convenience for the collection and disposal of refuse and human waste; e.g., liners for portable "Jonny" camp units, can liners, etc.

15. "Potable Water" means water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming in its bacteriological, radiological and chemical quality to the requirement of the "Rules and Regulations Pertaining to Public Drinking Water (R46-13-DWQ)."

16. "Primitive or Outpost Youth/Adult Camp" means a camp or other site at which the basic needs such as places of abode, water supply systems and permanent toilet and cooking facilities are not usually provided.

17. "Recreation Facility" means, to include but not be limited to hotels, motels, motor courts or inns, tourist cabins establishments, camping areas, amusement places, bathing beaches, mobile recreational vehicle facilities and parks.

18. "Recreational Vehicle" means a vehicle which may or may not be motor propelled, that is used primarily for recreation purposes on land. It includes motor homes, travel trailers, "pop-top" trailers, fold-out trailers, vans and other similar vehicles primarily designed for camping or overnight occupancy.

a. "Dependent Recreational Vehicle" means a vehicle which has no permanent toilet, lavatory and shower facilities and is dependent upon a service building for toilet, lavatory and shower facilities.

b. "Independent or Self-Contained Recreational Vehicle" means a vehicle which can operate independent of connections to sewer, water and electric systems. It may contain a water flushed toilet, lavatory, bath, shower and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the vehicle.

19. "Refuse" means all putrescible and non-putrescible solid wastes including garbage, rubbish, ashes and biological wastes.

20. "RIDOH" means the Rhode Island Department of Health.

21. "Rubbish" means all non-putrescible solid wastes consisting of both combustible and noncombustible materials such as paper, tin cans, glass bottles, bedding, rags, crockery, metals, etc.

22. "Sanitary Station (Dump Station)" means a facility used for receiving and disposing of wastes from various types of holding tanks.

23. "Sanitary Sewage" means any human or animal excremental liquid or substance including the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers and the contents of septic tanks, cesspools or privies. Waste water from dishwashing procedures, handwashing, bathing and shower facilities will be considered sewage.

24. "Service Building" means a structure housing toilets, lavatories, showers and such other facilities as may be required.

25. "Shall or Must" means mandatory requirements.

26. "Should or May" means recommended or advisory procedures or equipment.

27. "These Regulations" means all parts of the rules and regulations for the Licensing of Recreational Facilities (216-RICR-50-10-03).

28. "Travel Trailer" means a vehicular, portable structure built on a chassis with permanent wheels for the purpose of towing from place to place as a temporary residence for travel, recreation or vacation use.

29. "Watering Station" means a centralized potable water supply outlet.

30. "Youth/Adult Camp" means any camp, primitive or outpost camp, or residential camp which conducts a program for 10 or more campers.

a. "Day Camp" - A camp operated for less than 24 hours in any one day not including day care centers as defined in R.I. Gen. Laws § 23-28.1-5. Day campers will be limited to two overnight programs per week.

b. "Residential Camp" means a camp which provides overnight facilities.

3.3 ADMINISTRATION

3.3.1 Issuance and Expiration of License

No person shall maintain within this state any recreation facility or use as defined in § 3.2(A)(17) of this Part until such person has obtained a license from RIDOH in accordance with the requirements of R.I. Gen. Laws § 23-21-2. Licenses are not transferable. All licenses must be prominently displayed at the licensed location.

3.3.2 License Application

The initial application for a license must be on forms provided. A detailed plan drawn to scale showing the entire site, location and layout of buildings, recreational vehicle sites, complete details of water supplies, pumps and service including well logs, sewage and refuse disposal units, bathing areas and all available unit sites must be approved by the Director prior to any construction and before any license can be issued. Plans and construction must comply with all applicable existing laws and regulations. Additions or alterations subsequent to the submission of such will be made only with the approval of the Director.

3.3.3 Suspension or Revocation of License

The Director may suspend or revoke any license for violation of the provisions of R.I. Gen. Laws Chapter 23-21 or these regulations. The provisions of R. I. Gen. Laws § 23-21-3 shall apply.

3.3.4 Variances

In the event of special situations or unusual conditions, the Director may grant variances to these regulations. Requests for variances will be submitted in writing and detail to the licensing authority.

3.3.5 Retroactivity

Recreational facilities licensed by RIDOH prior to June 10, 1980, the initial effective date of these regulations, may be deemed acceptable with respect to said design and construction if they are capable of being maintained in a sanitary condition that protects the public health.

3.4 GENERAL REQUIREMENTS

3.4.1 Animals and Pets

A. No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to commit any nuisance within the limits of any recreational facility under these regulations. Any kennels, pens or other areas provided for such pets shall be maintained in a sanitary condition at all times.

B. The applicable provisions of R.I. Gen. Laws Title 4 shall apply where applicable.

C. Horses and other farm animals must be stabled at least five hundred (500) feet away from living quarters, dining halls and kitchens in order to minimize odor and nuisance problems. Temporary shelters, corrals, tie rails or hitching posts shall not be located within two hundred (200) feet of any dining hall or other place where food is prepared, cooked or served. Stables must have cleanable floors properly drained and maintained. Drainage from stables and temporary quarters shall not contaminate any spring, stream, lake or other water drainage. All manure must be removed, stored or disposed of in a manner that prevents insect breeding.

3.4.2 Reporting of Communicable Disease

A. Cases of communicable disease designated as "reportable diseases" by the Director shall be reported promptly to RIDOH in accordance with the rules and regulations pertaining to Reporting and Testing of Infectious, Environmental, and Occupational Diseases (216-RICR-30-05-1).

1. When infectious diseases present a potential hazard or occur in epidemic form in campers, these shall be reported to RIDOH, even if not designated as "reportable diseases."

3.4.3 Curtailment of Utilities or Services

No person shall cause the water, or sewage disposal, service facility or equipment which is required to be made available under these minimum standards to be shut off or removed except for such temporary period as may be necessary during actual repairs or alterations or during temporary emergencies when curtailment of service is approved by the Director.

3.4.4 Electrical Distribution System

Electrical wiring system provided shall consist of approved fixtures, equipment and appurtenances installed and maintained in accordance with the State Building Code.

3.4.5 Food Service

All food operations will comply with the requirements of R.I. Gen. Laws Chapters 23-1, 21-27 and 21-31 and the regulations adopted thereunder.

3.4.6 Laundry Facilities

A. If laundry facilities are provided in a recreational facility, there must be a separate room or building set aside for the use of washing machines and this use confined to the inhabitants of that recreational facility;

B. All laundry rooms will have floors that are impervious to water, easily cleaned and sloped to floor drains connected to the sewerage disposal system. The floors will be maintained in a sanitary condition at all times. Walls and partitions in laundries will be constructed of easily cleanable and impervious material;

C. Laundries will have forty (40) foot candles of lighting and be properly ventilated.

3.4.7 Pest Control

A. Grounds, buildings, parking areas, and structures must be maintained reasonably free of insect and rodent infestation and harborages;

B. Extermination methods and other measures to control pests must conform with requirements of the RI Department of Environmental Management where applicable or as approved by the Director.

3.4.8 Refuse Storage and Disposal

A. The operator shall provide an adequate storage area and maintain, in a clean and sanitary condition, as many receptacles for the storage of garbage and rubbish as are necessary to contain the accumulation between collections. Garbage and rubbish should be disposed of at least twice weekly;

B. Garbage must be stored in fly-tight, water-tight, rodent-proof receptacles of metal or other durable material and properly covered;

C. The storage, collection and disposal of refuse must be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution;

D. When garbage and rubbish is to be disposed of on the grounds, disposal must be approved by the Director of RI Department of Environmental Management and shall be in accordance with R.I. Gen. Laws Chapter 46-23.

3.4.9 Septic Tank Cleaners

Any establishment under these regulations that has apparatus for the removal of septage or sanitary sewage must comply with the provisions of R. I. Gen. Laws Chapter 23-49.

3.4.10 Sewage Disposal Facilities

A. Sewage must be disposed of in accordance with rules and regulations adopted under the authority of R.I. Gen. Laws § 42-17.1-2.

B. Primitive or outpost camps will utilize methods approved by the Director.

3.4.11 Swimming Pools and Bathing Beaches

A. Where a swimming pool is provided, it will be constructed and operated in accordance with R.I. Gen. Laws Chapter 23-22 and all state regulations applicable;

B. Bathing beach water must meet bacteriological and safety standards as determined by RIDOH. The standard for beach closure advisories, as determined by RIDOH, is the Beach Action Value (60 colony forming units of Enterococci per 100 milliliters of water). Enforcement is within RIDOH's sole discretion.

3.4.12 TOILETS, LAVATORIES, AND SHOWERS

A. Each recreational facility will provide the number of toilets, showers or lavatories or fraction thereof as indicated in the following tables. Such facilities will be maintained clean, sanitary, well-lighted and in good repair.

1. Motels, Hotels, Cabins, Amusements Places, Bathing Beaches

Facility

Toilets

Urinals

Handwashing Facilities

Bathtubs or Showers

Motels, Hotels, Cabins, etc.


1 per dwelling unit

-

1 per dwelling unit

1 per dwelling unit

Amusement Places and Bathing Beaches

1/500 Male 1/500 Female

1/500 Male

1/500 Male 1/500 Female

-

2. Youth - Residential Camps

Number Served

Boys

Girls

Boys or Girls

Toilets

Urinals

Toilets

Handwashing Facilities

Bathtubs or Showers

1 - 10

1

-

1

1

1

11 - 18

1

1

2

2

2

19 - 33

2

1

2

3

2

34 - 48

2

2

3

3

3

49 - 63

3

2

4

4

4

64 - 79

3

3

5

4

5

80 - 95

4

3

6

5

6

3. Youth - Day Camps

Facilities

Boys

Girls

Toilets (per number of individuals served)

1/60

1/35

Urinals (per number of individuals served)

1/60

-

Handwashing (per number of individuals served)

1/33

1/33

4. Table IV: Family Camps

Number of Sites

Toilets

Urinals

Handwashing Facilities

Showers

Other (a)

Men

Women

Men

Men

Women

Men

Women


1 - 30

2

2

1

2

2

1

1

1

31 - 45

2

2

1

3

3

1

1

1

46 - 60

2

3

2

3

3

2

2

1

61 - 80

3

4

2

4

4

2

2

1

100 + (b)

3

4

2

4

4

3

3

1

a. A flushing toilet (without seat) shall be provided, at each service building, for disposal of liquid wastes unless a sanitary station is conveniently accessible.

b. For recreational vehicle areas having more than one hundred (100) sites there shall be provided one (1) additional toilet and lavatory, for each sex, for each additional thirty (30) sites; one (1) additional shower, for each sex, for each additional forty (40) sites; and one (1) additional men's urinal for each additional one hundred (100) sites.

B. Handwashing facilities will be adjacent to toilet facilities and urinals;

C. Potable hot and cold running water will be provided at all showers and lavatories unless a variance has been granted;

D. Approved hand cleaner and approved hand drying facilities will be provided at all lavatories unless a variance has been granted;

E. Proper ventilation will be provided;

F. Forty (40) foot candles of light will be provided unless otherwise exempted;

G. Duckboards will not be used in showers.

3.4.13 Water Supply

A. The operator of all recreational facilities will supply potable water, under pressure, adequate for the needs of such facility. The water supply must be obtained from a source approved in writing by RIDOH and so distributed as to be readily available. If there is more than one well serving the recreational facility, each well must be visually, readily identifiable by name, number, color or some other means on or about the well;

B. The operator shall install and maintain all pipes and pumps delivering potable water in accordance with the State Building Code;

C. There must be no physical connection between any pipe carrying water from a potable water source and any pipe carrying water from any other source without written approval of the Director;

D. Drinking fountains shall be of a design meeting the following general criteria based on the current State Building Code regulations which incorporate and amend the International Plumbing Code.

1. The fountain shall be constructed of an impervious material and have an easily cleanable bowl and other surfaces;

2. The jet of water must be at an angle preventing water from falling back into the orifice;

3. The end of the nozzle must be protected by guards preventing the person using the fountain from contacting the nozzle;

4. The nozzle must discharge above the edge of the bowl so an air gap is provided to prevent a possible cross-connection;

5. Proper drainage must be provided to carry off water promptly.

3.5 SPECIAL REQUIREMENTS

3.5.1 Youth/Adult Camps

A. Toilets, Urinals, and Privies

1. Non-water carried sewage disposal systems such as pit privies, latrines and urinals may not be less than one hundred (100) feet from a kitchen or food service area;

2. Residential camps shall provide handwashing and shower facilities and will meet the minimum requirements as cited in the table titled " Youth - Residential Camps" in § 3.4.12(A)(2) of this Part;

3. Sleeping areas shall not be more than two hundred (200) feet from a toilet or urinal nor less than fifty (50) feet from any non-water carried toilets and/or urinals.

B. Handwashing and Showers, Etc.

1. Handwashing and shower facilities shall be supplied with sufficient warm and cold running water;

2. Showers or bathtubs, when provided, must be in the living quarters or in a centrally located structure;

3. Handwashing facilities, shower stalls, bathtub areas and dressing compartments must be maintained in a clean and sanitary condition;

4. Day camps are not required to provide shower facilities; however, they must meet the requirements cited in the table titled " Youth - Day Camps" in § 3.4.12(A)(3) of this Part ;

5. Primitive or outpost camps are exempt from handwashing and shower facility requirements, as shown in the table titled " Youth - Residential Camps" in § 3.4.12(A)(2) of this Part and in the table titled " Youth - Day Camps" in § 3.4.12(A)(3) of this Part.

C. Primitive (Outpost) Requirements - Basic standards of sanitation relative to waste and sewage disposal, water supply, lavatory, bathing facilities and food sanitation apply to all primitive camping including but not limited to the following:

1. Counselors must be trained in the basic principles of food protection and sanitation and a list of trained personnel certified by the director of camping for the particular organization shall be available;

2. Each individual shall have available approved clean, fresh water for lavatory needs;

3. Warm water and adequate facilities shall be available for handwashing;

4. Adequate facilities shall be provided for approved methods of sanitizing eating and drinking utensils;

5. Slit trenches or "cat hole" disposal of human excreta or other recognized methods of sewage disposal must be provided.

3.5.2 Family Camps

A. Waste Disposal

1. One recreational vehicle sanitary station (dump station) with a foot-operated seal cover, or equivalent, providing sanitary closure of the sewer pipe inlet when not in use shall be provided for each one hundred fifty (150) family campsites;

2. When potable water is supplied to an individual campsite, an approved means of sewage collection and/or disposal must be provided.

B. Potable Water Supply - A potable watering station must be provided for supplying recreational vehicle storage tanks. All necessary procedures must be taken to assure the safety of the water supply. A watering station must be at least fifty (50) feet away from a sanitary station. A sign at least two (2) feet by two (2) feet must be posted at each potable water station stating, in proportional lettering, "Potable Water. Not to be used for flushing waste tanks."

C. Service Building - A central service building containing all necessary toilet and other required plumbing facilities must be provided for all recreational vehicle parking areas, except those reserved exclusively for independent recreational vehicles. Service buildings shall be located convenient to the parking spaces, but in no case more than five hundred (500) feet away. (See table titled " Family Camps" in § 3.4.12(A)(4) of this Part .

D. Primitive Camps - Basic standards of sanitation relative to waste and sewage disposal apply. Campers are responsible for using safe water for drinking and culinary purposes.

E. A Camping Caravan - Safari - Rally may be accommodated in an area maintained and licensed as a recreational facility provided adequate facilities are present to accommodate the types of recreational vehicles or tents involved. A camping caravan - safari - rally may be held on land not maintained as a recreational facility if prior approval is obtained from RIDOH. Approved, adequate facilities must be readily available for good personal hygienic and public health protection. Approvals are limited to a three (3) day period.

3.6 COMPLIANCE AND ENFORCEMENT

Any person who violates the foregoing regulations shall be subject to the provisions of R. I. Gen. Laws § 23-21-8.


Title 216 Rhode Island Department of Health
Chapter 50 Environmental Health
Subchapter 10 Food Protection
Part 3 Licensing of Recreational Facilities and Beaches (216-RICR-50-10-3)
Type of Filing Amendment
Regulation Status Active
Effective 01/17/2018

Regulation Authority :

RIGL §§23-1-5, 23-1-17, 23-21-1, and 23-21-4

Purpose and Reason :

In accordance with the Administrative Procedures Act, R.I. Gen. Laws Section 42-35-3(a)(1), the following is a concise statement regarding this rulemaking for the Licensing of Recreational Facilities and Beaches (216-RICR-50-10-3). This amendment updates the regulation and implements standards regarding bacteriological safety for bathing beach waters. No comments were received during public comments, therefore no justification for not implementing suggested revisions is required. A revision was made to the language of section 3.4.1(B), which had incorrectly cited R.I. Gen. Laws Chapter 4. This section was corrected to cite R.I. Gen. Laws Title 4 as in the original regulation (ERLID 140). In the development of this rule, consideration was given to: 1) alternative approaches; 2) overlap or duplication with other statutory and regulatory provisions; and 3) significant economic impact on small business. No alternative approach, duplication, or overlap was identified based on available information. The Rhode Island Department of Health has determined that the benefits of this rule justify its costs.

There are no electronic rulemaking documents for rules filed prior to August 14, 2018. For rulemaking documents for rules filed prior to this date, please contact the appropriate agency's Rules Coordinator.