Section 216-RICR-50-05-4.3 - Licensure, Lifeguards and Inspections4.3.1Requirement to Obtain LicensureNo person acting severally or jointly with any other shall operate or maintain an Aquatic Venue without a license unless exempt under R.I. Gen. Laws Chapter 23-22.
4.3.2Period of LicensurePeriods of licensure for Aquatic Venues shall be determined in accordance with R.I. Gen. Laws § 23-22-6(a).
4.3.3Posting RequirementsA. A license issued in accordance with this Part shall be posted in a conspicuous place on the premises where it is visible by individuals who use the Aquatic Venue.B. If an active license becomes defaced or is physically destroyed while still in effect, the Licensee shall apply for a duplicate license in accordance with the requirements of R.I. Gen. Laws § 23-22-10 and for the fee assessed in the Rules and Regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title). The Licensee shall display the duplicate license in accordance with § 4.3.3(A) of this Part.C. Suspended and revoked licenses must be removed from display in accordance with R.I. Gen. Laws § 23-22-10.4.3.4Application for New LicenseA. An application for a license to operate or maintain a newly constructed Aquatic Venue, or an application for a new license to operate or maintain an existing Aquatic Venue following a change of ownership, shall be submitted to the Licensing Agency on forms obtained from the Licensing Agency. The application form shall contain such information as the Licensing Agency reasonably requires and shall be accompanied by the licensure fee set forth in the Rules and Regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).B. The Licensing Agency's granting of such license shall be in accordance with R.I. Gen. Laws § 23-22-7.4.3.5License RenewalA license may be renewed from year to year with approval by the Licensing Agency upon receipt of the license renewal fee set forth in the Rules and Regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).
4.3.6Licenses for Existing Unlicensed Aquatic VenuesA. A license for an existing unlicensed Aquatic Venue subject to licensure under R.I. Gen. Laws Chapter 23-22 shall be granted if the Applicant demonstrates to the Licensing Agency's satisfaction that the Aquatic Venue meets the requirements set forth in R.I. Gen. Laws Chapter 23-22 and this Part, or if the Applicant demonstrates to the Licensing Agency's satisfaction that a variance to a regulatory requirement does not create a violation of Federal or State law and does not create a condition that presents an imminent health hazard.B. Applicants for licensure shall follow the procedure set forth in § 4.3.4 of this Part.4.3.7Denial of LicenseLicense applications are subject to denial in accordance with R.I. Gen. Laws § 23-22-7.
4.3.8Suspension and Revocation of LicenseLicenses are subject to suspension and revocation in accordance with R.I. Gen. Laws § 23-22-8.
4.3.9Procedure for Denial, Suspension or Revocation of LicenseA. Whenever an action shall be proposed to deny, suspend or revoke the license of an Applicant and/or Licensee, the Licensing Agency shall notify the Applicant or Licensee, by certified mail or by hand delivery, setting forth the reasons for the proposed action. The Applicant or Licensee shall be provided opportunity for hearing in accordance with R.I. Gen. Laws Chapter 42-35 and § 4.7.4 of this Part.B. If the Licensing Agency determines that conditions at an Aquatic Venue present an imminent health hazard that requires emergency action and incorporates a finding to that effect in its order, the Licensing Agency may order summary suspension of a license pending proceedings for revocation or other action.C. Any of the following violations are imminent health hazards which shall require immediate correction or immediate pool closure:1. Failure to provide adequate supervision and staffing of the Aquatic Facility as prescribed in this Part;2. Failure to provide the minimum disinfectant residual levels or exceeding the maximum disinfectant residual levels listed in this Part;3. Failure to maintain pH level within the appropriate range stated in this Part;4. Failure to continuously operate the Aquatic Venue filtration and disinfection equipment;5. Use of an unapproved or contaminated water supply source;6. Unprotected overhead electrical wires within twenty feet (20') horizontally of the Aquatic Venue;7. Non GFCI protected electrical receptacles within twenty feet (20') of the inside wall of the Aquatic Venue;8. Failure to maintain an emergency lighting source;9. Absence of all required lifesaving equipment on deck;10. Aquatic Venue bottom not visible;11. Total absence of or improper depth markings at an Aquatic Venue;12. Plumbing cross-connections between the drinking water supply and Aquatic Venue water or between sewage system and the Aquatic Venue including filter backwash facilities;13. Failure to provide and maintain an enclosure or barrier as described in this Part to inhibit unauthorized access to the Aquatic Facility or Aquatic Venue when required;14. Use of unapproved chemicals or the application of chemicals by unapproved methods to the Aquatic Venue water;15. Broken, unsecured, or missing main drain grate or any submerged suction outlet grate in the Aquatic Venue;16. Number of bathers/patrons exceeds the theoretical peak occupancy;17. Broken glass, sharp objects, vomit, fecal matter, or any other item determined to be a public health hazard by the AHJ in the Aquatic Venue or on the deck area; and18. Failure to maintain the water quality standards for cyanuric acid.4.3.10Virginia Graeme Baker Pool and Spa Safety ActA. Licenses shall not be issued for new Aquatic Venues that fail to demonstrate compliance with the requirements of the Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. §§ 8001 - 8003.B. Licenses shall be suspended per § 4.3.9(B) of this Part for licensed Aquatic Venues that fail to demonstrate compliance with the requirements of 15 U.S.C. §§ 8001 - 8003 until such time that the Licensee demonstrates to the Licensing Agency's satisfaction that compliance has been achieved.4.3.11Unapproved Substantial Alterations to Existing Licensed Aquatic VenuesLicenses for any Aquatic Venue with substantial alterations that have not received prior approval from the Licensing Agency may be suspended per § 4.3.9 of this Part until such time the Licensee demonstrates to the Licensing Agency's satisfaction that such alterations comply with §§ 4.4, 4.5 and 4.6 of this Part.
4.3.12LifeguardsA. Requirements for lifeguard oversight of Aquatic Venues are pursuant to R.I. Gen. Laws § 23-22-6(b).B. Aquatic Venues that operate without lifeguards shall comply with the requirements of §§ 4.5.14(H), 4.5.14(I)(3), 4.5.14(J), 4.6.6(D) and 4.6.8(C) of this Part.4.3.13Inspections and Water Quality TestingA. The Licensing Agency shall be granted access in accordance with R.I. Gen. Laws 23-22-11.B. Upon request of the Licensing Agency, Licensees shall complete an Aquatic Venue self-assessment inspection checklist provided by the Licensing Agency. Licensees shall return the checklist to the Licensing Agency within thirty (30) days of the date of the request. Failure to return the checklist shall result in a violation as set forth in § 4.7 of this Part.4.3.14Incident ReportingLicensees are required to report to the Licensing Agency, within twenty-four (24) hours or on the next business day, any drowning, near drowning, or any entrapment or potentially life-threatening injury that occurs at the Aquatic Facility. Failure to report an incident will be deemed a violation resulting in action under § 4.7 of this Part.
216 R.I. Code R. 216-RICR-50-05-4.3
Adopted effective 1/1/2019
Amended effective 4/28/2020
Amended effective 8/24/2021
Amended effective 8/7/2022