Section 216-RICR-50-05-4.7 - Compliance and Enforcement4.7.1VariancesA. The Licensing Agency may grant a variance to a requirement set forth in this Part, either upon its own motion or upon request of the applicant from the provisions of this Part in a specific case, if it finds that a literal enforcement of such provision will result in unnecessary hardship to the applicant, provided that such variance will not be contrary to the public interest and/or the health and safety of the public.B. An applicant requesting a variance shall file such request in writing setting forth in detail the basis upon which the request is made and providing sufficient evidence to demonstrate to the Licensing Agency's satisfaction that a variance to a regulatory provision of this Part does not create a violation of Federal or State law and does not create a condition that presents an imminent health hazard.C. Upon the filing of each request for variance with the Licensing Agency and within sixty (60) days thereafter, the Licensing Agency shall notify the applicant by certified mail of its approval. In the case of a denial, a hearing date, time and place may be scheduled if the applicant chooses to appeal the denial.4.7.2ViolationsPersons who violate the provisions of this Part shall be fined in accordance with R.I. Gen. Laws § 23-22-12.
4.7.3Return to ComplianceA. Upon the Licensing Agency's determination in its sole discretion that an Aquatic Venue was operating in a manner detrimental to the health or safety of users, the Licensee shall post public notice where visible to users of the Aquatic Venue within twenty-four (24) hours of receiving Notice of Violation from the Licensing Agency, using the Public Notice document provided by the Licensing Agency. Within ten (10) days of completing the public notification requirements, the Licensee shall submit to the Licensing Agency a certification of compliance documenting the completion of public notification requirements. The Licensee must include with this certification a copy of the notice posted by the facility. Failure to comply with these provisions shall result in an additional violation as per § 4.7 of this Part.B. The Licensee, at Licensee's expense, shall collect water samples for laboratory analysis at an increased frequency determined by the Licensing Agency until such time that the Licensing Agency is satisfied that the detrimental condition has been corrected, after which time the Licensee shall revert to the routine sampling schedule required under § 4.6.3 of this Part.C. The Licensing Agency may direct the Licensee to make an inspection at the Licensee's expense to determine the cause of the detrimental condition and to develop a Corrective Action Plan.D. A Corrective Action Plan shall be signed by a pool care professional with certification demonstrating competency in this field, including but not limited to certification obtained through the National Swimming Pool Foundation, the Association of Pool and Spa Professionals, or another agency that the Licensing Agency in its sole discretion considers to be equivalent. Corrective Action Plans that include engineering modifications to the Aquatic Venue shall also be signed by a Rhode Island-registered Professional Engineer.E. The Corrective Action Plan shall be submitted to the Licensing Agency no later than thirty (30) days of the Licensing Agency's notification to the Licensee that action is required under § 4.7.3(C) of this Part.F. Upon the Licensing Agency's determination that the Corrective Action Plan is acceptable, the Licensee shall implement and complete the Corrective Action Plan within the timeframe established by the Licensing Agency.G. Aquatic Venues that receive water quality violations on three (3) separate occasions within a twelve (12) month period, on a rolling basis, shall be required to retain a Certified Pool Operator credentialed either by the National Swimming Pool Foundation or a similarly trained operator credentialed by an entity determined to be equivalent by the Licensing Agency in its sole discretion. The Certified Pool Operator shall be retained by the licensee until such time that the licensee demonstrates proficiency as determined by the Licensing Agency in its sole discretion.4.7.4Hearings and ReviewsAll hearings and reviews required under the provisions of R.I. Gen. Laws Chapter 42-35 and this Part shall be held in accordance with the provisions of the Rules and Regulations for Practices and Procedures Before the Rhode Island Department of Health (Part 10-05-4 of this Title).
216 R.I. Code R. 216-RICR-50-05-4.7
Adopted effective 1/1/2019
Amended effective 4/28/2020
Amended effective 8/24/2021
Amended effective 8/7/2022