216-RICR -50-05-4 
TITLE 216 – DEPARTMENT OF HEALTH  
CHAPTER 50 – ENVIRONMENTAL HEALTH  
SUBCHAPTER 05 – WATER QUALITY  
PART 4 – Licensing of Aquatic Venues  
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 § 2 3-22-1. 
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 refer ence, 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 Nationa l 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 no t 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 inte nded 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 whic h 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 visib le 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,” “nega tive 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 t he 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 tran sient 
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 disinfecti on 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 
filtere d 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 o ther 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 watert ight 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 indi vidual 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 structur e 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, toge ther 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 acc ordance 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 f or 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 o f 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  APPLICAT ION 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 t he 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 F OR 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 deliver y, 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 filtr ation 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 A quatic 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 A quatic  Facility  or Aquatic 
Venue when  required;  
14. Use of unapproved chemicals or the application of chemicals by 
unapproved  methods to the A quatic Venue  water;  
15. Broken, unsecured, or missing main dr ain grate or any submerged suction 
outlet  grate in the A quatic 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 licen sed 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 op erate 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. G en. 
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 th e 
date of the request.  
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 Faci lities 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), 4.1.3(B) and 4.1.3(C) 
of this Part.  
4.5 Supplemental Regulat ions 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 professio n” 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 shal l 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 p ermanent, 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 Applican t 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 constr uction 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 Licensi ng 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 MARKI NGS  
 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 ov er 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 sha ll 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 he aters 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 s hall 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 fil ter 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 Depart ment 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 prov ided 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 fort y (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 outdo or 
Aquatic Venue enclosure shall be no greater than two (2) inches, measured on 
the side of the enclosure which faces away from the Aquatic Venue. (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. (Restr iction on MAHC § 4.8.6.2)  
D. Where the enclosure is composed of horizontal and vertical members, the 
distance between the tops of the horizontal members must be 45 inches or more, 
and 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 and 3/4 ) inch es in width. 
(Restriction on MAHC § 4.8.6.2)  
E. Where the enclosure is composed of diagonal members, such as a latti ce fence, 
the maximum opening formed by the diagonal members shall be no more than 
one and three -fourths (1 and 3/4 ) inch es. (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 and 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 and 3/4)  square inch es. (Restriction on 
MAHC § 4.8.6.2.1.2)  
G. Release mechani sms 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 A quatic 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). (Restr iction 
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)(1). 
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, filte r 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 REQUI REMENTS  
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 s lime 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 h ave 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 a s 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), or (11) 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 Aquat ic 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 V enues 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 Aquat ic 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 m aintenance 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 moni toring 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 wa ding 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 thr ough 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 cryptosporidiu m 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 th e 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 clarit y 
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 subm itted 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  BACT ERIOLOGICAL 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.  Water samples shall be collected in February,  May, August, and 
November.   
B. Operators shall collect one (1) water sample from each seasonal Aquatic Venue 
in July and one water sample from each seasonal Aquatic Venue in August, a 
minimum of 30 days apart, for heterotrophic plate count analysis by a laboratory 
certified for Method 9215B.   
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 9 213E or IDEXX Pseudalert.  
E. No water sample shall contain Pseudomonas aeruginosa at a density greater 
than five (5) 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 p late 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 t elephone, 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 labor atory 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. February sampling results 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. July sampling results 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 wit h § 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.   
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 us e 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 gett ing 
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 
spac e.  
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 expos ure 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 d ata 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 bathe rs. 
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, ho t 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) 
shall be conspicuously provided and accessible to Aquatic Facility users such 
that it can be reached immediately.   C. Signage s hall 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 val ve; 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 standi ng 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, e ither 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 t o 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 ap plicant 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 and safety of users,  the Licensee shall post public notice on site of the adverse condition within the 
timeframe esta blished by the Licensing Agency.  
B. The Licensee, at Licensee’s expense, shall collect water samples for laboratory 
analysis at a frequency determined by the Licensing Agency for a minimum 
period of three months, until such time that the Licensing Agency i s 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 n ot 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.  
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) .