216-RICR-50-05-4
216-RICR-50-05-4. Licensing Aquatic Venues (version Amendment, 04/28/2020 to 08/24/2021)
4.1 Authority and Purpose
4.1.1 AUTHORITY
These
regulations are promulgated pursuant to the authority conferred under
R.I. Gen. Laws § 23-22-2, for the purpose of adopting minimum
safety standards for Aquatic Venues.
4.1.2 SCOPE
These
regulations apply as defined in R.I. Gen. Laws § 23-22-1.
4.1.3 INCORPORATION
BY REFERENCE
A. These
regulations hereby adopt and incorporate the U.S. Department of
Health and Human Services Centers for Disease Control and
Prevention’s “2016 Model Aquatic Health Code” (July
2016) § 4.0, Facility Design and Construction Standards, by
reference, and those sections of the Model Aquatic Health Code
cross-referenced therein, not including any further editions or
amendments thereof and only to the extent that the provisions therein
are not inconsistent with these regulations.
B. These
regulations hereby adopt and incorporate the American Public Health
Association/American Water Association/Water Environmental
Federation’s “Standard Methods for the Examination of
Water and Wastewater, 23rd Edition” (2017) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
C. These
regulations hereby adopt and incorporate the NSF International
Standard/American National Standard’s “NSF/ANSI 50 –
2016a, Equipment for Swimming Pools, Spas, Hot Tubs and Other
Recreational Water Facilities” (2017) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
4.2 Definitions
A. 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 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 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 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, Second 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 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. “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.
27. “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.
28. “Rinse
shower” means a shower typically located in the pool deck area
with ambient temperature water.
29. “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.
30. “Substantial
alteration” means the alteration, modification, or renovation
of an Aquatic Venue where the total cost of the work exceeds 10% of
the replacement cost of the Aquatic Venue or results in a change in
water treatment or hydraulics.
31. “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.
32. "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
(48) inches (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 (2) feet down
to zero for wading, together with buildings, appurtenances and
equipment used in connection therewith.
4.3 Licensure, Lifeguards and
Inspections
4.3.1 REQUIREMENT
TO OBTAIN LICENSURE
No
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.
4.3.2 PERIOD
OF LICENSURE
Periods
of licensure for Aquatic Venues shall be determined in accordance
with R.I. Gen. Laws § 23-22-6(a).
4.3.3 POSTING
REQUIREMENTS
A. 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.
4.3.4 APPLICATION
FOR NEW LICENSE
A. 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.
4.3.5 LICENSE
RENEWAL
A
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).
4.3.6 LICENSES
FOR EXISTING UNLICENSED AQUATIC VENUES
A. 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.
4.3.7 DENIAL
OF LICENSE
License
applications are subject to denial in accordance with R.I. Gen. Laws
§ 23-22-7.
4.3.8 SUSPENSION
AND REVOCATION OF LICENSE
Licenses
are subject to suspension and revocation in accordance with R.I. Gen.
Laws § 23-22-8.
4.3.9 PROCEDURE
FOR DENIAL, SUSPENSION OR REVOCATION OF LICENSE
A. 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 (20) feet horizontally of the
Aquatic Venue;
7. Non
GFCI protected electrical receptacles within twenty (20) feet 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; and
18. Failure
to maintain the water quality standards for cyanuric acid.
4.3.10 VIRGINIA
GRAEME BAKER POOL AND SPA SAFETY ACT
A. 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.
4.3.11 UNAPPROVED
SUBSTANTIAL ALTERATIONS TO EXISTING LICENSED AQUATIC VENUES
Licenses
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.
4.3.12 LIFEGUARDS
A. 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.
4.3.13 INSPECTIONS
AND WATER QUALITY TESTING
A. 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 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.
4.3.14 INCIDENT
REPORTING
Licensees
are required to report to the Licensing Agency, within 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.
4.4 Design 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
All
Aquatic Venues that require licensure under R.I. Gen. Laws Chapter
23-22 shall comply with the requirements set forth in §§
4.1.3(A), (B) and (C) of this Part.
4.5 Supplemental Regulations for
Facility Design and Construction Requirements for All Aquatic
Facilities and Aquatic Venues
4.5.1
GENERAL
A. Model
Aquatic Health Code references to “design professional who is
registered or licensed to practice their respective design
profession” shall mean a Professional Engineer with an active
Rhode Island registration. (Restriction on MAHC § 4.0)
B. Recirculation
of unfiltered and/or untreated water is prohibited. (Restriction on
MAHC § 4.7.1.10.2.1)
C. Aquatic
Venues with infinity edges shall satisfy the enclosure requirements
of § 4.5.14 of this Part and shall provide for a permanent,
fixed safety barrier not less than five (5) feet in height at the
infinity edge to protect against falls from the infinity edge.
(Restriction on MAHC § 4.5.15)
D. Food
and/or beverage concessions shall be permitted in designated area(s)
within the Aquatic Facility provided that the concession structures,
service area, seating, patron circulation and related activities are
separated from the Aquatic Venue by a permanent, fixed barrier that
does not encroach on the Aquatic Venue’s perimeter walkway.
(Restriction on MAHC § 4.6.9.1)
E. The
Applicant shall coordinate review with all other agencies from which
the Applicant is required to obtain approval. The Applicant shall
provide copies to the Licensing Agency of permits issued by other
agencies if the Licensing Agency so requests. (Restriction on §
MAHC 4.1.3.1.2)
F. The
Applicant shall communicate Licensing Agency approvals to other
agencies involved in the construction of an Aquatic Facility or
Aquatic Venue. (Restriction on MAHC § 4.1.3.1.3)
G. In
cases where the Aquatic Facility or Aquatic Venue is exempt from
Americans with Disabilities Act standards, the owner shall provide
written documentation to the Licensing Agency attesting to such
exemption at the time of application for construction or substantial
alteration to an Aquatic Facility or Aquatic Venue. (Restriction on
MAHC § 4.5.10).
H. The
Licensing Agency shall conduct a conformance inspection of newly
constructed Aquatic Facilities and Aquatic Venues, and substantially
altered Aquatic Facilities and Aquatic Venues, upon completion of
construction or renovation. The Licensing Agency shall not issue a
license to operate until the Applicant has corrected, to the
satisfaction of the Licensing Agency, all deficiencies identified
during the inspection. (Restriction on MAHC § 4.1.5.3)
4.5.2
SKIMMER SYSTEMS
A. Skimmer
systems shall include a minimum of two skimmers.
B. The
piping and other pertinent components of a skimmer system shall be
sized based on 100 percent of recirculation flow being directed
through the skimmer system at the maximum possible recirculation flow
rate as determined by pump capacity and minimum total dynamic head of
the recirculation system. (Restriction on MAHC § 4.7.1.5.1.4)
C. Each
skimming device shall be equipped with an equalizer pipe located at
least one (1) foot below the lowest skimmer overflow level, or some
other device to prevent air lock in the skimmer suction line.
(Restriction on MAHC § 4.7.1.5)
4.5.3 OVERFLOW
GUTTERS
A. Overflow
gutters extending completely around a pool shall be provided on all
pools having a water surface area of 4,000 square feet or more.
(Restriction on MAHC § 4.7.1.5.1.5)
B. The
gutter system shall be designed to allow continuous removal of water
from the pool’s upper surface based on 125 percent of
recirculation flow being directed through the gutter system at the
maximum possible recirculation flow rate as determined by pump
capacity and minimum total dynamic head of the recirculation system.
(Restriction on MAHC § 4.7.1.4.2.1)
C. A
gutter system shall provide an acceptable handhold for bathers and
present no accident hazard to bathers. (Restriction on MAHC §
4.5.14.1)
4.5.4 ACCESS
AND EGRESS
There
shall be at least one means of access and egress located at the
shallow end of a swimming pool and at least one means of access and
egress located at the deep end of a swimming pool. (Restriction on
MAHC § 4.5.3.1)
4.5.5 LANE
MARKINGS
The
Applicant shall state the basis of design for lane markings and end
wall targets, such as FINA, NCAA, USA Swimming, NFSHSA, or another
recognized standard. (Restriction on MAHC § 4.2.1.4)
4.5.6
DIVING AREA
Platforms
and diving stands that are over three (3) feet high shall be equipped
with guard rails. (Restriction on MAHC § 4.8.2.2.3)
4.5.7 THEORETICAL
PEAK OCCUPANCY
Three
hundred (300) square feet of pool water surface area shall be
reserved around each diving board or platform. This area shall not
be included in determining the bather load capacity. (Restriction on
MAHC § 4.1.2.3.5.3)
4.5.8 ELECTRICAL
REQUIREMENTS
All
electrical wiring for Aquatic Venues shall comply with R.I. Gen. Laws
Chapter 23-27.3.
4.5.9
HEATER REQUIREMENTS
A. Water
heaters shall have a seal of approval from a standards testing agency
such as the American National Standards Institute (ANSI-Z-21.56) or
the Underwriters Laboratory (UL 1261). (Restriction on MAHC §
4.6.4)
B. Electrically
operated water heaters shall comply with § 4.5.8 of this Part.
(Restriction on MAHC § 4.6.4)
C. Water
heaters shall be equipped with a thermostatic control for the water
temperature and shall be set at a temperature not to exceed 104°F.
(Restriction on MAHC § 4.6.4)
D. A
fixed thermometer shall be installed on the discharge side of the
heater. (Restriction on MAHC § 4.6.4)
4.5.10
PRE-COAT FILTERS
A. Pressure
pre-coat filters shall be equipped with a pre-coat pot for the
purpose of introducing filter aid to form a pre-coat evenly over the
filter elements when a filter is put into initial operation and after
each cleaning. (Restriction on MAHC § 4.7.2.3)
B. The
filter plant shall be provided with such pressure, vacuum, or
compound gauges as are required to indicate the condition of the
filter. An air relief valve shall be provided at the high point of a
pressure pre-coat filter. (Restriction on MAHC § 4.7.2.3)
C. Vacuum
pre-coat filter installations shall be equipped with an adjustable
high vacuum automatic shutoff to prevent damage to the pump by
cavitation. (Restriction on MAHC § 4.7.2.3)
4.5.11 VACUUM
CLEANING
An
existing aquatic venue that has an integral vacuum system as
described by MAHC § 4.8.7.3 of the Model Aquatic Health Code
shall be required to make, upon determination by the Department in
its sole discretion that such configuration is present, all
alterations necessary to comply with MAHC § 4.8.7. (Restriction
on MAHC § 4.8.7.3)
4.5.12 HYGIENE
FACILITIES AND HYGIENE FEATURES
A. The
minimum number of lavatories and water closets provided for each sex
shall be equal to no less than one (1) per sixty (60) bathers based
on maximum bather load. (Restriction on MAHC § 4.10.1.4)
B. The
minimum number of cleansing showers provided for each sex shall be
equal to no less than one (1) per forty (40) bathers based on maximum
bather load. (Restriction on MAHC § 4.10.1.4)
C. Urinals
for male bathers may be substituted for up to one-third the number of
water closets required where more than one water closet is required.
(Restriction on MAHC § 4.10.1.4)
D. The
Licensing Agency may increase the number of required fixtures for
Aquatic Facilities at schools or other locations where scheduling of
facility use warrants special consideration. (Restriction on MAHC §
4.10.1.4)
4.5.13 DEPTH
MARKERS AND DIVING RESTRICTIONS
A
minimum of one (1) water depth marker and one (1) no-diving marker is
required for all wading pools. (Restriction on MAHC § 4.5.19.8)
4.5.14 ENCLOSURES
AND BARRIERS
A. The
maximum vertical clearance between grade and the bottom of an outdoor
Aquatic Venue enclosure shall be no greater than two (2) inches,
measured on the exterior side of the enclosure. (Restriction on §
MAHC 4.8.6.2)
B. Openings
in the enclosure structure shall not allow passage of a four (4) inch
diameter sphere. (Restriction on MAHC § 4.8.6.2)
C. Solid
enclosures that do not have openings, such as a masonry or stone
walls, shall not contain indentations or protrusions except for
normal construction tolerances and tooled masonry joints.
(Restriction on MAHC § 4.8.6.2)
D. Where
the enclosure is composed of horizontal and vertical members and the
distance between the tops of the horizontal members is less than 45
inches, the horizontal members shall be located on the interior side
of the enclosure. Spacing between vertical members shall not exceed
one and three-fourths (1 ¾) inches in width. Where the
enclosure is composed of horizontal and vertical members and the
distance between the tops of the horizontal members is 45 inches or
more, the distance between the vertical members shall not exceed 4
inches. Where there are decorative cutouts within vertical members,
spacing within the cutouts shall not exceed one and three-fourths (1
3/4) inches in width. (Restriction on MAHC § 4.8.6.2)
E. Where
the enclosure is composed of diagonal members, such as a lattice
fence, the maximum opening formed by the diagonal members shall be no
more than one and three-fourths (1 3/4) inches. (Restriction on MAHC
§ 4.8.6.2)
F. Enclosures
constructed with chain-link fencing shall have a maximum mesh opening
of two and one-fourth (2 1/4) square inches unless the enclosure is
provided with slats fastened at the top or the bottom which reduce
the openings to no more than one and three-fourths (1 3/4) square
inches. (Restriction on MAHC § 4.8.6.2.1.2)
G. The
fence or screen enclosure shall be equipped with self-closing and
self-latching gates. Release mechanisms for self-latching devices
must be located no less than fifty-four (54) inches from the bottom
of the gate. (Restriction on MAHC § 4.8.6.3.7)
H. Enclosures
for outdoor Aquatic Venues operating without lifeguards shall comply
with R.I. Gen. Laws §§ 23-22-6(b)(1) and 23-22-6(b)(4).
I. Where
a wall of a building serves as part of an outdoor Aquatic Venue
enclosure, direct access to the pool through the wall shall be
limited to doors and windows that meet the following conditions.
1. Windows
leading to the Aquatic Venue area shall have a latching device at
least fifty-four (54) inches above the floor. (Restriction on MAHC §
4.8.6.2.3)
2. Hinged
Doors, sliding doors or sliding screen doors leading to the Aquatic
Venue area shall be self-closing and shall have a self-latching
device that meets the requirements of § 4.5.13(G) of this Part.
(Restriction on MAHC § 4.8.6.3)
3. Doors
leading to outdoor Aquatic Venues that operate without lifeguards
shall meet the requirements of R.I. Gen. Laws § 23-22-6(b)(1).
(Restriction on MAHC § 4.8.6.3)
J. Access
to Indoor Aquatic Facilities operating without lifeguards shall
comply with the requirements of R.I. Gen. Laws § 23-22-6(b).
K. Where
a wading pool is adjacent to the deep-water area of another Aquatic
Venue, a minimum four (4) foot vertical barrier with a self-closing
and self-latching gate shall be installed to separate the two Aquatic
Venues. (Restriction on MAHC § 4.12.9.2)
4.5.15 WATER
SUPPLY AND WASTEWATER DESIGN
A. The
discharge end of a pipe delivering potable water to an Aquatic Venue
shall provide an air gap equivalent to at least two (2) pipe
diameters above the maximum elevation of the water in the Aquatic
Venue. Piping from a potable water system shall not be physically
connected to the recirculation system of an Aquatic Venue.
(Restriction on MAHC § 4.11)
B. There
shall be no direct physical connection between any part of an Aquatic
Venue or its recirculation system and a sanitary sewer or subsurface
sewage disposal system unless equipped with a backflow device
approved by the Licensing Agency. (Restriction on MAHC § 4.11)
4.5.16 CONSUMABLES
All
consumable materials, including but not limited to filter cartridges,
filter media and water treatment chemicals, shall be listed and
labeled to the standards of NSF/ANSI 50 by an ANSI-accredited
certification organization.
4.6 Requirements for the Operation
of Aquatic Facilities and Aquatic Venues
4.6.1 GENERAL
SANITATION REQUIREMENTS
A. Aquatic
Facilities shall be maintained in good repair and working order, and
in a clean and sanitary condition.
B. Aquatic
Facilities shall be kept clear of debris and organic materials.
Aquatic Venue water and surfaces shall be kept clear of slime and
biofilm.
C. The
floors of dressing, toilet, shower rooms and passageways shall be
well drained and shall be treated daily with an EPA-approved
fungicide.
D. Hot
tubs, spas and therapeutic pools shall be drained, cleaned, scrubbed,
and water replaced using a water replacement interval (in days)
calculated by dividing the spa volume (in gallons) by three and then
dividing by the average number of users per day. The interval between
cleanings shall not exceed thirty (30) days.
1. The
AHJ shall have discretion in determining the viability of cleaning
intervals calculated pursuant to § 4.6.1(D) of this Part.
E. Aquatic
Venues constructed or substantially altered shall operate at the
approved design flow rate twenty-four (24) hours per day, except as
provided for in § 4.6.1(E)(2) of this Part.
1. All
components of the filtration and recirculation systems shall be kept
in continuous operation twenty-four (24) hours per day.
2. The
system flowrate shall not be reduced more than twenty-five percent
(25%) lower than the minimum design requirements and only reduced
when the Aquatic Venue is unoccupied.
4.6.2 DAILY
WATER QUALITY MONITORING
A. Operators
shall, on each operating day prior to opening an Aquatic Venue to
bathers, visually observe water clarity and collect and analyze water
samples to verify that water quality is not detrimental to the health
and safety of bathers. If any water quality parameter is not within
the range listed in the appropriate table in §§
4.6.2(B)(8), (9), (10) (11) or (12) of this Part, or water clarity
does not meet the standards of § 4.6.2(C) of this Part, the
Aquatic Venue shall close and remain closed until such time that the
Licensing Agency determines the water quality meets all standards.
B. Chemical
Standards of the Aquatic Venue water:
1. An
Aquatic Venue shall be continuously disinfected by a chlorinated or
brominated agent which imparts a measurable residual.
2. Only
chlorine or bromine products that are EPA-registered for use as
sanitizers or disinfectants in Aquatic Venues in the United States
are permitted.
3. Bromine-based
disinfectants may be applied to Aquatic Venues through the addition
of an organic bromine compound (1,3-Dibromo-5,5-dimethylhydantoin
(DBDMH) or 1-bromo-3-chloro-5,5-dimethylhydantoin (BCDMH)).
4. Use
of cyanuric acid or stabilized chlorine is prohibited for use in all
indoor Aquatic Venues and in outdoor hot tubs, spas and therapeutic
pools.
5. Testing
equipment shall be capable of measuring the maximum and minimum
chemical standards based on Aquatic Venue type and disinfectant.
FAS-DPD titration test kits are considered acceptable in determining
maximum and minimum disinfectant residuals. Reagents shall be
replaced prior to their expiration date.
6. Chemicals
other than those used for the proper maintenance of the Aquatic Venue
water shall not be added to an Aquatic Venue without the written
approval of the Licensing Agency. The Licensing Agency shall
determine, in its sole discretion, if such chemicals will require
more frequent water quality monitoring and/or monitoring for
additional water quality parameters.
7. Acceptable
water quality parameters for traditional swimming pools,
non-traditional pools, and wading pools using a chlorine disinfectant
are as follows:
Parameter
Minimum
Ideal
Maximum
Free
chlorine residual (ppm) for indoor traditional swimming pools,
indoor non-traditional pools, and indoor wading pools
1.0
2.0-4.0
10.0
Free
chlorine residual (ppm) for outdoor traditional swimming pools,
outdoor non-traditional pools, and outdoor wading pools not using
cyanuric acid or stabilized chlorine
1.0
2.0-4.0
10.0
Free
chlorine residual (ppm) for outdoor traditional swimming pools,
outdoor non-traditional swimming pools, and outdoor wading pools
using cyanuric acid or stabilized chlorine
2.0
2.0-8.0
10.0
Combined
Chlorine (ppm)
0.0
0.0
0.2
pH
7.2
7.4-7.6
7.8
8. Acceptable
water quality parameters for all hot tubs, spas and therapeutic pools
using a chlorine disinfectant are as follows:
Minimum
Ideal
Maximum
Temperature
(degrees Fahrenheit)
Personal
preference
104
Free
chlorine residual (ppm) for all hot tubs, spas and therapeutic
pools
2.0
3.0-5.0
10.0
Combined
chlorine (ppm)
0.0
0.0
0.2
pH
7.2
7.4
– 7.6
7.8
9. Water
quality parameters for traditional swimming pools, non-traditional
pools, and wading pools using a bromine disinfectant are as follows:
Minimum
Ideal
Maximum
Total
Bromine Residual (ppm)
3.0
4.0-6.0
8.0
pH
7.2
7.4-7.6
7.8
10. Water
quality parameters for all hot tubs and spas using bromine
disinfectant are as follows:
Minimum
Ideal
Maximum
Temperature
(degrees Fahrenheit)
Personal
preference
104
Total
bromine residual (ppm)
4.0
4.0-6.0
8.0
pH
7.2
7.4
– 7.6
7.8
11. Cyanuric
acid levels shall not exceed twenty-five (25) ppm.
12. Secondary
and supplemental disinfectants shall at no time exceed the following
concentrations, and delivery systems shall satisfy the following
requirements:
Maximum
Requirements
Residual
ozone
0.1
ppm
Ozone
systems shall be operated and maintained according to the
manufacturer’s instructions to maintain the required design
performance to achieve 3-log (99.9%) reduction in the number of
infective cryptosporidium parvum oocysts per pass through the
system.
All
employees shall be properly trained in the operation and
maintenance of the equipment.
Copper/Silver
ions
1.3
ppm (copper)
0.10
ppm (silver)
Only
those systems that are EPA-registered for use as sanitizers or
disinfectants in aquatic venues in the United States are
permitted.
Ultraviolet
light
Not
applicable
UV
systems shall only operate while the recirculation system is
operating.
UV
sensors shall be calibrated at a frequency in accordance with
manufacturer recommendations.
Secondary
UV systems shall be operated and maintained not to exceed the
maximum validated flow rate and meet or exceed the minimum
validated output intensity needed to achieve the required dose for
a 3-log (99.9%) reduction in the number of infective
cryptosporidium parvum oocysts per pass through the secondary
disinfection system.
C. At
all times an Aquatic Venue is open to bathers the water shall be
sufficiently clear such that a marker tile or floor suction outlets
are visible while the water is static. In the absence of a marker
tile or floor suction outlet, the Operator shall obtain approval from
the Licensing Agency for an alternate method of determining water
clarity.
D. Operators
shall record the results of all daily water quality analyses, water
clarity observations, routine maintenance, corrective actions and
closures on forms provided by the Licensing Agency. These records
shall be available to the Licensing Agency at the time of an
inspection authorized under § 4.3.13 of this Part, and shall be
submitted to the Licensing Agency electronically within 24 hours of
any written or telephone request from the Licensing Agency.
1. Operators
shall maintain copies of all records required under § 4.6.2(D)
of this Part for no less than one (1) year.
4.6.3 BACTERIOLOGICAL
ANALYSIS OF WATER
A. Operators
shall collect one (1) water sample every 90 days from each year-round
Aquatic Venue for heterotrophic plate count analysis by a laboratory
certified for Method 9215B. Free chlorine residual, combined
chlorine, and pH must be measured and recorded concurrent with sample
collection.
B. Operators
shall collect one (1) water sample from each seasonal Aquatic Venue
in June and one water sample from each seasonal Aquatic Venue in
August for heterotrophic plate count analysis by a laboratory
certified for Method 9215B. Free chlorine residual, combined
chlorine, and pH must be measured and recorded concurrent with sample
collection.
C. No
water sample shall have a heterotrophic plate count density greater
than 200 colony forming units per milliliter (200 CFU/ml) as
determined by the standard thirty-five degree Celsius (35°C) agar
plate count.
D. The
Licensing Agency may require, when water quality or laboratory
analytical results so warrant, Licensees with hot tubs, spas and
therapeutic pools to collect water samples for analysis for the
Pseudomonas group by a laboratory certified for Method 9213E or IDEXX
Pseudalert.
E. No
water sample shall contain Pseudomonas aeruginosa at a density
greater than less than one (<1) organisms per 100 ml.
F. Samples
collected for microbiological examination testing shall be collected
in accordance with procedures set forth in § 4.1.3(B) of this
Part.
G. The
Operator shall close the effected Aquatic Venue immediately upon
notification that the heterotrophic plate count for a water sample
exceeds 200 CFU or when Pseudomonas aeruginosa are present in a water
sample at a density greater than five (5) organisms per 100 ml.
Operators shall notify the Licensing Agency of the analytical results
and the closure, by telephone, within 24 hours or on the next
business day. The Aquatic Venue shall remain closed until such time
the Operator has restored water quality and has provided evidence of
such to the Licensing Agency.
H. Year-round
Aquatic Venues shall submit laboratory analytical results that do not
require reporting under § 4.6.3(G) of this Part to the Licensing
Agency electronically by the 10th day of the month following the
month in which the sample was collected (e.g. results for a sample
collected in February must be received by the Licensing Agency by
March 10).
I. Seasonal
Aquatic Venues shall submit laboratory analytical results that do not
require reporting under § 4.6.3(G) of this Part to the Licensing
Agency electronically by the 10th day of the month following the
month in which the samples were collected (e.g. results for a sample
collected in June must be received by the Licensing Agency by August
10).
J. The
Licensing Agency shall require that an Aquatic Venue conduct
bacteriological sampling at an increased frequency in accordance with
§ 4.7.3 of this Part if the Aquatic Venue fails to maintain
water quality in accordance with §§ 4.6.2(B), 4.6.2(C) or
4.6.3 of this Part.
K. Water
quality sample results -- including HPC, free chlorine, combined
chlorine, and pH -- shall be submitted electronically by the
analyzing laboratory to the Licensing Agency in a manner compatible
with the Licensing Agency’s computer system. The results shall
be submitted on or before deadlines set forth in §§
4.6.3(H) or 4.6.3(I) of this Part.
4.6.4 GENERAL
SAFETY REQUIREMENTS
All
entrances to an Aquatic Venue shall be secured with a locking device
at all times during which the Aquatic Venue is closed to bathers.
4.6.5 CHEMICAL
STORAGE
A. Chemical
storage shall comply with local building and fire codes.
B. Chemical
handling shall be conducted in a safe and appropriate manner.
C. Storage,
handling and use of all chemicals shall comply with the applicable
manufacturers’ safety data sheets and labels.
D. Chemical
manufacturer’s safety data sheets shall be consulted for
storage incompatibilities with other chemicals. Aquatic Venue
chemicals shall be stored so that no mixing of incompatible materials
would occur if the packages were to leak.
E. Aquatic
Venue chemicals shall be stored to prevent access by unauthorized
individuals.
F. Aquatic
Venue chemicals shall be stored so that they are protected from
getting wet.
G. Possible
ignition sources, including but not limited to gasoline, diesel,
natural gas, or gas-powered equipment such as lawn mowers, motors,
grills, pool heaters, or portable stoves shall not be stored or
installed in the chemical storage space.
H. Smoking
shall be prohibited in the chemical storage space.
I. Lighting
in the chemical storage space shall be sufficient to allow operators
to read labels on containers throughout the chemical storage space.
J. Chemicals
shall be stored away from direct sunlight, temperature extremes, and
high humidity.
K. A
single container of a chemical that has been opened and is currently
in use in the equipment room may be kept in a staging area of the
equipment room if the chemical(s) is protected from exposure to heat
and moisture.
L. The
chemical storage space shall be separate from the equipment room.
M. Warning
signs shall be posted on chemical storage space doors.
N. Personal
protective equipment shall be available as required on the chemical
safety data sheets.
O. Containers
of chemicals shall be labeled, tagged, or marked with the identity of
the material and a statement of the hazardous effects of the
chemical.
P. All
Aquatic Venue chemical containers (e.g. day tanks) shall be labeled
as to their contents.
4.6.6 AQUATIC
FACILITY POLICIES AND SIGNAGE
A. All
licensees shall establish written policies governing no less than the
following:
1. prohibiting
any person with an infectious and/or communicable disease, open
lesion, blister, rash, or cut from using the Aquatic Venue;
2. prohibiting
any person who currently has, or has had diarrhea within the prior
two weeks, from using the Aquatic Venue;
3. prohibiting
spitting, spouting water, and blowing of the nose in the Aquatic
Venue;
4. prohibiting
hyperventilation or extended breath holding activities;
5. prohibiting
running, boisterous, or rough play in the Aquatic Venue and in
surrounding areas;
6. prohibiting
animals in the Aquatic Facility, except for service animals as
defined by the ADA.
7. establishing
safety provisions pertaining to the use of slides and diving boards;
8. requiring
bathers to take cleansing showers prior to entering the Aquatic
Venue;
9. prohibiting
food and drink within the Aquatic Facility except in designated
areas;
10. stating
maximum bather occupancy for each Aquatic Venue;
11. stating
the hours of operation and a prohibition of unauthorized use outside
of hours of operation; and
12. other
provisions the Licensee may deem necessary for the protection and
safety of bathers.
B. Licensees
with therapeutic pools, hot tubs and spas shall establish additional
written policies:
1. Advising
the following to contact their physician regarding the
appropriateness of their use of hot tubs and spas:
a. pregnant
women;
b. individuals
suffering from heart disease, diabetes and high or low blood
pressure; and
c. persons
using alcohol, anticoagulants, antihistamines, vasoconstrictors,
vasodilators, stimulants, narcotics or tranquilizers.
2. permitting
the use of the therapeutic pool, hot tub, or spa only for a
reasonable length of time, not to exceed fifteen (15) minutes; and
3. suggesting
that bathers shower and cool down prior to returning for another
brief stay to prevent nausea, dizziness and fainting.
C. The
policies required in §§ 4.6.6(A) and (B) of this Part shall
be posted on signs in lettering sufficiently large and at a
sufficient number of locations to be visible by bathers throughout
the Aquatic Facility.
D. Licensees
with Aquatic Venues operating without lifeguards must post the
signage required for compliance with R.I. Gen. Laws §
23-22-6(b)(3).
4.6.7 COMMUNICATIONS
EQUIPMENT
A. Aquatic
Facilities shall have a functional telephone or other communications
system or device that is hard wired and capable of directly dialing
911 or functions as the emergency notification system.
B. The
telephone or communications system or device required under §
4.6.7(A) of this Part shall be conspicuously provided and accessible
to Aquatic Facility users such that it can be reached immediately.
C. Signage
shall clearly identify the emergency telephone or communications
system or device.
D. A
permanent sign shall be posted by the emergency telephone or
communications system or device providing the following:
1. Aquatic
Facility address;
2. emergency
dialing instructions for police, fire and emergency responders; and
3. contact
information for Aquatic Facility management.
4.6.8 FIRST
AID
A. Aquatic
Facilities shall have a designated location for first-aid equipment.
B. First
aid supplies shall be continuously stocked and shall include at a
minimum:
1. a
first-aid guide;
2. absorbent
compress;
3. adhesive
bandages;
4. adhesive
tape;
5. sterile
pads;
6. disposable
gloves;
7. scissors;
8. elastic
wrap;
9. emergency
blanket;
10. resuscitation
mask with one-way valve; and,
11. blood-borne
pathogen spill kit.
C. Aquatic
Facilities operating without lifeguards shall comply with R.I. Gen.
Laws § 23-22-6(b)(2).
4.6.9 RESCUE
DEVICES
A. Aquatic
Venues with depths greater than two (2) feet of standing water shall
provide and maintain a U.S. Coast Guard-approved aquatic rescue
throwing device with at least a 1/4-inch thick rope that is 50 feet
or 1.5 times the width of the pool in length, whichever is less.
B. Aquatic
Venues with depths greater than two (2) feet of standing water shall
provide and maintain a non-telescopic reaching pole of non-conductive
material, 12 feet to 16 feet in length, with a securely attached
Shepherd’s Crook that has an aperture of at least eighteen (18)
inches.
C. Rescue
devices shall be located in the immediate vicinity of the Aquatic
Venue and shall be accessible to bathers.
D. Aquatic
Facilities operating with lifeguards shall provide at least one
spinal injury board constructed of easily sanitized/disinfected
material shall be provided. The board shall be equipped with a head
immobilizer and sufficient straps to immobilize a person to the
spinal injury board.
4.7 Compliance and Enforcement
4.7.1 VARIANCES
A. 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.
4.7.2 VIOLATIONS
Persons
who violate the provisions of this Part shall be fined in accordance
with R.I. Gen. Laws § 23-22-12.
4.7.3 RETURN
TO COMPLIANCE
A. 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 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 separate
occasions within a 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.
4.7.4 HEARINGS
AND REVIEWS
All
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).