Section 216-RICR-50-05-4.2 - DefinitionsA. The following definitions shall apply in the interpretation and application of this Part: 1. "Americans with Disabilities Act" or "ADA" means the Americans with Disabilities Act of 1990 and subsequent amendments thereto.2. "Authority having jurisdiction" or "AHJ" is synonymous with "Licensing Agency."3. "Applicant" means an individual or business entity with the legal authority to apply for licensure of an Aquatic Venue.4. "Aquatic facility" is comprised of one (1) or more Aquatic Venues.5. "Aquatic venue" means a traditional swimming pool, non-traditional pool, wading pool, therapeutic pool, hot tub or spa.6. "Barrier" means an obstacle intended to prevent direct access from one (1) point to another.7. "Cleansing shower" means a shower, located within a hygiene facility, using warm water and soap. The purpose of a cleansing shower is to remove contaminants including perianal fecal material, sweat, skin cells, personal care products, and dirt before bathers enter the Aquatic Venue.8. "Director" means the Director of the Rhode Island Department of Health or his or her designee.9. "Enclosure" means an uninterrupted constructed feature or obstacle used to surround and secure an area that is intended to deter or effectively prevent unpermitted, uncontrolled, and unfettered access.10. "Hygiene facility" means a structure or part of a structure that contains toilet, shower, diaper-changing unit, hand wash station, and dressing capabilities serving bathers and patrons at an aquatic facility.11. "Hygiene fixtures" means all components necessary for hygiene facilities including plumbing fixtures, diaper-changing stations, hand wash stations, trashcans, soap dispensers, paper towel dispensers or hand dryers, and toilet paper dispensers.12. "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury or illness.13. "Increased risk aquatic venue" means an aquatic venue which due to its intrinsic characteristics and intended users has a greater likelihood of affecting the health of the bathers of that venue by being at increased risk for microbial contamination (e.g., by children less than five (5) years old) or being used by people that may be more susceptible to infection (e.g., therapy patients with open wounds).14. "Infinity edge" means a pool wall structure and adjacent perimeter deck that is designed in such a way where the top of the pool wall and adjacent deck are not visible from certain vantage points in the pool or from the opposite side of the pool. Water from the pool flows over the edge and is captured and treated for reuse through the normal pool filtration system. They are also referred to as "vanishing edges," negative edges, or "zero edges."15. "In-kind replacement" means replacement equipment identical to that which was originally approved by the Licensing Agency when the Aquatic Facility or Aquatic Venue was constructed or during a subsequent alteration.16. "Licensee" means any person who holds a license issued by the Licensing Agency pursuant to these Regulations and applicable statutes.17. "Licensing agency" means the Rhode Island Department of Health.18. "Like-kind replacement" is synonymous with "in-kind replacement."19. "Model Aquatic Health Code" or "MAHC" means the 2016 Model Aquatic Health Code, 2nd Edition (July 2016), U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.20. "Non-substantial alteration" means the alteration, modification, or renovation of an Aquatic Venue where the total cost of the work is ten percent (10%) or less than the replacement cost of the Aquatic Venue and does not result in a change in water treatment or hydraulics.21. "Operator" means Licensee or the Licensee's designee responsible for the operation and maintenance of the water and air quality systems and the associated infrastructure of the Aquatic Facility or Aquatic Venue.22. "Oocyst" means the thick-walled, environmentally resistant structure released in the feces of infected animals that serves to transfer the infectious stages of sporozoan parasites (e.g., Cryptosporidium) to new hosts.23. "Person" includes any partnership, association, corporation, city or town.24. "Potable water source" means a Public Water System licensed by the Rhode Island Department of Health.25. "ppm" means parts per million.26. "Professional engineer" means an individual who is licensed as a professional engineer by the Rhode Island Board of Registration for Professional Engineers.27. "Public water system" means water systems including licensed community water systems, non-transient/non-community water systems, or transient non-community water systems, as licensed by the Rhode Island Department of Health.28. "Recirculation system" means the combination of the main drains, gutter or skimmer system, inlets, piping, pumps, controls, surge tank, balance tank and components that provide water recirculation to and from the Aquatic Venue and the treatment system.29. "Rinse shower" means a shower typically located in the pool deck area with ambient temperature water.30. "Secondary disinfection systems" means those disinfection processes or systems that are required for Increased Risk Aquatic Venues and are used in addition to disinfection systems that impart either a chlorine or bromine disinfectant residual.31. "Substantial alteration" means the alteration, modification, or renovation of an Aquatic Venue where the total cost of the work exceeds ten percent (10%) of the replacement cost of the Aquatic Venue or results in a change in water treatment or hydraulics.32. "Supplemental treatment systems" means those disinfection processes or systems that are not required for an Aquatic Venue for health and safety reasons. If approved by the Licensing Agency, they may be used to enhance overall system performance and improve water quality.33. "Swimming pool" as broadly defined in R.I. Gen. Laws § 23-22-1, includes the following sub-classifications:a. "Traditional swimming pool" means a watertight structure of concrete, masonry, or other approved materials located either indoors or outdoors, used for bathing or swimming and filled with a filtered and disinfected water supply, together with buildings, appurtenances and equipment used in connection therewith, excluding "water slides" and/or "recreational water parks."b. "Non-traditional pool" means a watertight structure of concrete, masonry, or other approved materials located either indoors or outdoors, filled with a filtered and disinfected water supply and allowing for total or partial bather immersion, together with buildings, appurtenances and equipment used in connection therewith. Non-traditional pools include lazy rivers, landing pools, wave pools, surf pools, and other special purpose pools holding a filtered and disinfected water supply for total or partial bather immersion.c. "Hot tub" is synonymous with "Spa."d. "Spa" means any watertight structure having a maximum depth of forty-eight inches (48") (1.2 meters), filled with a filtered and disinfected water supply, either mineral or nonmineral in nature, utilizing hot, cold or ambient temperature water that is not emptied after each individual use, used in conjunction with high velocity water recirculation systems, together with buildings, appurtenances and equipment used in connection therewith.e. "Therapeutic pool" is synonymous with "Spa."f. "Wading pool" means a watertight structure of concrete, masonry, or other approved materials located either indoors or outdoors, used for bathing or swimming, filled with a filtered and disinfected water supply, which includes a range in water depth from two feet (2') down to zero (0) for wading, together with buildings, appurtenances and equipment used in connection therewith.216 R.I. Code R. 216-RICR-50-05-4.2
Adopted effective 1/1/2019
Amended effective 4/28/2020
Amended effective 8/24/2021
Amended effective 8/7/2022