Date of Notice:  February 1 4, 2018  
 
STATE OF RHODE ISLAND 
DEPARTMENT OF HEALTH  
PUBLIC NOTICE OF PROPOSED RULE MAKING  
 
In accordance with Rhode Island General Laws (RIGL) 42-35-2.7, notice is hereby given that the Rhode  Island  
Department  of Health  (RIDOH)  proposes  to repeal the R ules and Regulations for  Licensing Swimming and 
Wading Pools, Hot Tubs, and Spas (R23 -22-SWI/H&S), and replace them with the rules and regulations for 
Licensing Aquatic Venues  (216-RICR -50-05-4). 
 
REGULATION TITLE : 
 
RICR Title 216 – Rhode Island  Department of Health  
Chapter 50 – Environmental Health  
Subchapter  05 – Water Quality  
Part 4 – Licensing Aquatic Venues  
 
TYPE OF FILING: Adoption with associated repeal.  
RULEMAKING ACTION:  Public Notice of Proposed Rule Making . 
 
TIMETABLE  FOR  ACTION  ON THE  PROPOSED  RULE:  The public  comment  period  ends on Friday, 
March 16, 2018 . 
 
SUMMARY OF PROPOSED RULE: The RIDOH is proposing rulemaking to  update  design  and operational 
standards for a quatic venues to incorporate existing state and federal requirements, as well as the design 
standards set forth in the CDC’s Model Aquatic Health Code.  
 
COMMENTS INVITED: All interested parties are invite d to submit written comments concerning the 
proposed regulations. Written comments can be submitted by mail to Paula Pullano, Rhode Island Department 
of Health, 3 Capitol Hill, Providence, RI 02908 -5097 or by email at paula.pullano@health.ri.gov  by the close of 
Friday, March 16, 2018 . Please note that comments submitted to RIDOH by other means than the prescribed 
mailing and email address may not be received and addressed in RIDOH’s concise explanatory st atement. To 
ensure that your comments are received, please send them to the prescribed mailing and email address.  
 
PUBLIC HEARING: In accordance with R.I. Gen. Laws § 42 -35-2.8(c), an oral hearing will be granted if 
requested by  twenty -five (25) persons, by a governmental  agency , or by an association having at least twenty -
five (25)  members. A request for an oral hearing must be made within ten (10) days of this notice, and must 
clearly state the name of the regulatio n for which the hearing is being requested.  
 
WHERE  COMMENTS  MAY  BE INSPECTED:  Rhode  Island  Department  of Health,  3 Capitol Hill , 
Providence, Rhode Island  02908 -5097 . 
 
FOR FURTHER INFORMATION CONTACT: Paula Pullano, Rhode Island Department of Health, Division 
of Policy, Information, and Communications, 3 Capitol Hill, Providence, Rhode Island 02908 -5097, 401 -222-
1042, paula.pullano@health.ri.gov . 
 
AUTHORITY FOR THE RULEMAKING: R.I. Gen. Laws  § 23-22-2. 
 
REGULATORY FINDINGS: In the development of the proposed amendment, consideration was given to: 1) 
alternative approaches; 2) overlap or duplication with other statutory and regulatory provisions; and 3) 
significant economic impact on small bus iness. No alternative approach, duplication, or overlap was identified 
based on available information.  RIDOH has determined that the benefits of the proposed rule justify the costs of 
the proposed rule.  
  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 Facili ty” 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 sy stems 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 R ENEWAL  
 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 Pr ovided 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 Ap plicant 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 Aq uatic 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.  
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 thi s 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 s hall 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 checkl ist to the Licensing Agency within 30 days of the 
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 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), 4.1.3(B) and  4.1.3(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 licens ed 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 t he 
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 activiti es 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 appr ovals 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 sha ll 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 t otal 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 l ock 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 det ermined 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 sta nds 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 REQUIREME NTS 
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 heate rs 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 venues 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 determin ation 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 th an 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. (Restrict ion 
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 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 pas sage 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 mas onry joints. (Restriction 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 e xceed 4 inches.  
Where there are decorative cutouts within vertical members, spacing within the 
cutouts shall not exceed one (1) inch 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 (1) inch. (Restriction on MAHC § 4.8.6.2)  
F. Enclosures constructed with chain -link fencing shall have a maximum mesh 
opening of 1.3 square inches unless the enclosure is provide d with slats fastened 
at the top or the bottom which reduce the openings to no more than 1.0 square 
inch. (Restriction on MAHC § 4.8.6.2.1.2)  
G. Release mechanisms for self -latching devices must be located no less than fifty -
four (54) inches from the botto m 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 V enue 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 sh all 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 a bove 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 OP ERATION 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 an d 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 and cleaned no less than 
weekly.   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), 4.6.2(B)(9), 4.6.2(B)(10), or 4.6.2(B)(11) of thi s 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 Aqua tic Venue water:  
1. An Aquatic Venue shall be continuously disinfected by a chlorinated or 
brominated agent which imparts a measurable residual.  
2. Only chlorine products that are EPA -registered for use as sanitizers or 
disinfectants in Aquatic Venues in t he 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 cya nuric acid or stabilized chlorine is prohibited for use in all indoor 
Aquatic Venues and in outdoor hot tubs, spas and therapeutic pools.  
6. Testing equipment shall be capable of measuring the maximum and 
minimum chemical standards based on Aquatic Venue t ype 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.  
7. 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.  
8. 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 p ools 
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 
9. 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 
10. 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 
11. 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 
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 for ms 
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.  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 9 215B.   
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 requ ire, 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 w ater 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 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) organ isms 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 quali ty 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. 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 sha ll 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.   
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 c odes.  
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 sh all 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, m otors, 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 s torage 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 effe cts 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 Venu e; 
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 Aq uatic 
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 o peration; 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 phys ician 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 re turning 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 te lephone 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 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 Faci lities 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 o f 
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 attache d 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 ENFORCE MENT  
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 re quest 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 and safety of users, 
the Licensee shall post public notice on  site of the adverse condition within the 
timeframe established 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 t hree months, 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 co nsiders 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 i mplement 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 acc ordance with the provisions of the rules 
and regulations for Practices and Procedures Before the Rhode Island 
Department of Health.  RULES AND REGULATIONS FOR LICENSING 
SWIMMING AND WADING POOLS, HOT TUBS AND SPAS 
[R23-22-SWI/H&S] 
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATION 
Department of Health 
May 1975 
AS AMENDED 
May 1978 (E) February 1992 
November 1987 
October 1989 June 1990 January 2002  
(re-filing in
accordance with the 
provisions of 
section 42-35-4.1 of the Rhode 
Island General Laws, as amended)
July 1990 (E) 
October 1990 August 1991 (E) January 2007  
(re-filing in
accordance with the 
provisions of 
section 42-35-4.1 of the Rhode 
Island General Laws, as amended)
Novem
ber 1991 (E) January 2012  (re-filing in
accordance with the 
provisions of 
section 42-35-4.1 of the Rhode Island General Laws, as amended)
September 2012  
i INTRODUCTION  
These Rules 
and Regulations For Licensing Swimming and Wading Pools, Hot Tuba and Spas (R23-
22-SWI/H&S)  are promulgated pursuant to the authority conferred under section 23-22-2 of the General
Laws 
of Rhode Island, 1956, as amended, and are est ablished for the purpose of adopting revised fees for
the licensing of swim
ming and wading pools, hot tubs, and spas in this state.
Pursuant to the provisions of section 42-35-3(c) of 
the General Laws of Rhode Island, 1956, as 
amended, the following were given consideration in a rriving at the regulations: (1) alternative approaches 
to the regulations; (2) duplication or overlap with other state regulations; and (3) significant economic 
impact placed on facilities. No alternative approach, dup lication or overlap was identified. The health and 
safety of the public overrides any economic impact on small business as defined in Chapter 42-35 which 
may be incurred as a result. 
These Rules and Regulations shall supersede all previous Rules and Regulations Pertaining to 
Swimming Pools, promulgated by the Rhode Island Department of Health and filed with the Secretary of 
State.  
ii TABLE OF CONTENTS 
 
 PAGE  
 
PART I DEFINITIONS AND GENERAL REQUIREMENTS FOR  1 
THE APPROVAL OF PLANS AND SPECIFICATIONS AND  
LICENSURE OF SWIMMING AND WADING POOLS, HOT TUBS AND SPAS  
  Section R23-22-SWI/W/H&S  1.0 Definitions 2.0 General Requirement and Procedure for th e Approval of Plans and Specifications for 
Construction of Swimming and Wading Pools, Hot Tubs & Spas 
3.0 General Requirement and Procedure for Licensure 4.0 Application for License and Fee 5.0 Issuance and Renewal of License and Fee 6.0 Inspections 7.0 Denial, Suspension and Revocation of License 
 PART II CONSTRUCTION REQUIREMENTS
  5 
   Section R23-22-SWI/W/H&S 
 
8.0 Swimming Pools 8.1 Construction Materials 8.2 Structural Design and Stability 8.3 Slope of Pool Bottom and Sidewalls 8.4 Water Depth Markings 8.5 Fences and Enclosures 8.6 Overflow Gutters 8.7 Surface Skimmers 8.8 Deck and Walkway 8.9 Ladders, Steps and Stairs 8.10 Hand Hold 8.11 Lighting, Ventilation & Electrical Requirements 8.12 Diving Area 8.13 Swimming Pool Slides 8.14 Recirculation System and Equipment 
a) Filters 
i. Pressure Sand Filters ii. Diatomaceous Earth Filters  iii. Cartridge Filters 
b)  Disinfectant Apparatus 
8.15 Main Outlets and Drains 8.16 Treated Water Inlets 8.17 Vacuum Cleaners 8.18 Bathhouses and Sanitary Facilities  8.19 Bather Load  
iii PAGE  
 
8.20 Lifeline 9.0 Wading Pools  9.1 Construction Requirements 9.2 Decks 9.3 Recirculation System 10.0 Hot Tubs and Spas 10.1 Construction Requirements 10.2 Decks & Walkways 10.3 Heater & Temperature 10.4 Inlets & Drains 10.5 Recirculation System & Equipment 
 PART III GENERAL REQUIREMENTS FOR WATER SUPPLY AND WASTE WATER
 13 
 FOR SWIMMING AND WADING POOLS, HOT TUBS AND SPAS.  
 Section R23-22-SWI/W/H&S  11.0 Water Supply 12.0 Wastewater Disposal 
 PART IV REQUIREMENTS FOR THE OPERATION OF SWIMMING AND
 14 
 WADING POOLS, HOT TUBS AND SPAS  
 Section R23-22-SWI/W/H&S  13.0 General Sanitation Requirements 14.0 Chemical and Bacteriological Analysis of the Water  
14.1 Chemical Standards 14.2 Bacteriological Quality of the Water 
15.0 Clarity of Water 16.0 General Safety Requirements 
 PART V VARIANCE, VIOLATIONS AND SANCTIONS, PRACTICES AND
 18 
PROCEDURES AND SEVERABILITY  
 Section R23-22-SWI/W/H&S  17.0 Variance Procedure 18.0 Violations and Sanctions 19.0 Procedures and Practices 20.0 Severability 
 APPENDIX A 19 
  
1 PART I DEFINITIONS AND LICENSING PROCEDURES  
 Section R23-22-SWI/W/H&S  
 
Section 1.0 DEFINITIONS  
  Wherever used in these Rules and Regulations the following terms shall be construed as follows: 
 1.1 "Act" refers to Chapter 23-22 of the General Laws of Rhode Island, 1956, as amended, entitled, 
"Licensing of Swimming Pools." 
 1.2 "Barrier" means a fence, a wall, a building wall or  a combination thereof, which completely surrounds 
the swimming pool and obstructs access to the swimming pool. 
 1.3  "Director" means the Director of the Rhode Island Department of Health.  1.4 "Licensing Agency" means the Rhode Island Department of Health.  1.5 "Person" includes any partnership, association, cor poration, city or town pursuant to section 23-22-1 of 
the Act. 
 1.6 "Swimming Pool", the term swimming pool includ es all traditional swimming pools, wading pools, and 
therapeutic pools owned or maintained by any person, pa rtnership, association, corporation, city or town 
or state, except swimming pools maintained by an individual for the sole use of his or her household and guests without charge for administration and not for the purpose of profit or in connection with any business operated for the purpose of profit and except also swimming pools owned and maintained by the 
United States.  The term "swimming pool" wherever th e context requires shall be construed to include 
the apparatus, structure and equipment pertaining to swimming pool, the premises on which the pool is located and the premises appurtenant thereto, pursuant to section 23-22-1 of the Act, and as further defined as follows: 
 1.6.1 "Traditional Swimming Pool", hereafter referred to as swimming pool, means a watertight structure of 
concrete, masonry, or other approved materials locat ed either indoors or outdoors, used for bathing or 
swimming and filled with a filtered and disinfected wa ter supply, together with buildings, appurtenances 
and equipment used in connection therewith, excluding "water slides" and/or "recreational water parks." 
 1.6.2 "Wading Pool" means a watertight structure of c oncrete, masonry, or other approved materials located 
either indoors or outdoors, used for bathing or swi mming and filled with a filtered and disinfected water 
supply, together with buildings, appurtenances and equipments used  in connection therewith which 
includes a range in water depth from two (2) feet down to zero for wading. 
 1.6.3 "Therapeutic Pool" is synonym ous with "Hot Tub" or "Spa". 
 1.6.4 "Hot Tub or Spa" means any watertight structure having a maximum depth of forty-eight (48)inches 
(1.2 meters) used in conjunction with high velocity water recirculation systems, utilizing hot, cold or 
ambient temperature water either mineral or nonmin eral in nature which is not emptied after each 
individual use. 
 1.7 "Seasonal License" shall mean any license issued no sooner than June 1, a nd expiring on September 30 
of the year issued, unless sooner revoked for violati on of the provisions of Chapter 23-22, or of the 
regulations adopted in accordance therewith. 
 
1.8 "Year-round License" shall mean any license issued from January 1, and expiring on December 31 of  
2 the year issued, unless sooner revoked for violation of the provisions of Chapter 23-22 or of the 
regulations adopted in accordance therewith. 
 Section 2.0 GENERAL REQUIREMENTS AND PROCEDURE FOR THE APPROVAL OF PLANS AND 
SPECIFICATIONS FOR CONSTRUCTION OF SWIMMING AND WADING POOLS, HOT 
TUBS & SPAS  
 
2.1 No person shall begin constructi on of a swimming or wading pool, hot tub or spa, or make significant 
alterations, defined as major work on the pool structure or filtration system, not to include the replacement of like-kind equipment, as determined by  the Licensing Agency, to such existing pool(s), 
hot tubs or spas, until the plans and the specificati ons have been approved in writing by the Licensing 
Agency.  Such approval shall be granted if the plans are found to meet the requirements herein. 
 
2.1.1 Any plans and specifications for constructi on of a swimming or wading pool, hot tub or spa, 
shall be prepared, signed and stamped by a professional engineer registered in the State of Rhode Island.  The plans and specifications sh all be submitted to the Licensing Agency for 
approval and shall be accompanied by the appli cation form provided by the Licensing Agency. 
  
 2.1.2 The Licensing Agency shall require the owner of the swimming or wading pool, hot tub or spa, 
to give assurance that construction or alterati ons shall be in compliance with the plans and 
specifications as approved by the Licensing Agency .  Such assurance shall be included in the 
application form provided by the Licensing Agency and signed by the Owner and the Design Engineer. 
 2.1.3 No deviation from the approved plans and speci fications shall be made  during construction or 
alterations without prior written approval of the Licensing Agency. 
 Section 3.0 GENERAL REQUIREMENT AND PROCEDURE FOR LICENSURE
 
 
3.1 No person acting severally or jointly with any ot her shall operate, or maintain a swimming or wading 
pool, hot tub or spa as defined herein, without a license in accordance with the statutory and regulatory provisions herein, unless otherwise exempt pursuant to section 23-22-6 of the Act. 
  Section 4.0   APPLICATION FOR LICENSE AND FEE
 
 
4.1 Application for a license to operate or maintain a swimming or wading pool, hot tub or spa, as defined 
herein, shall be made to the Licensing Agency on fo rms provided by the Agency.  The application form 
shall contain such information as the Licensing Agen cy reasonably requires, and shall be accompanied 
by the licensure fee as set forth in the Rules and Regulations Pertaining to the Fee Structure for 
Licensing, Laboratory  and Administrative Servi ces Provided by the Department of Health.  
 
Every organization which provides recreational fac ilities for persons under the age of eighteen (18) 
years and which is exempt from income taxes pursuan t to the provisions of title 26, section 501(c)(3) of 
the United States Code and which maintains a sw imming pool shall pay a fee as set forth in the Rules 
and Regulations Pertaining to the Fee Structure fo r Licensing, Laboratory  and Administrative Services 
Provided by the Department of Health.  
 
 These provisions shall not apply to any swimming pool maintained by the state. 
    
3 Section  5.0   ISSUANCE AND RENEWAL OF LICENSE AND FEE  
 5.1 Upon receipt of an application for a license and th e licensing fee, the Licensi ng Agency shall issue an 
initial license or renewal thereof within thirty (30) days of receipt of the application, provided the 
applicant meets the requirements of the Act and the regulations herein.  Said license unless sooner 
suspended or revoked shall expire by  limitation on the 31st day of December of the year issued for year 
round licenses; on the 30th day of September for seasona l licenses and may be renewed from year to year 
thereafter and approval by the Licensing Agency and payment of license renewal fee of the appropriate 
amount stated in the Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory  
and Administrative Services Provided by the Department of Health per swimming or wading pool, hot 
tub or spa, made payable by check or money orde r to the General Treasurer, State of Rhode Island. 
 5.2 A license issued hereunder shall be kept posted in a conspicuous place on the premises and readily 
visible by individuals who use the pool. 
 5.3  Whenever a license may become defaced or destro yed while still in effect, the licensing agency shall, 
upon application thereof, and upon payment of a fee as set forth in the Rules and Regulations Pertaining 
to the Fee Structure for Licensing, Laboratory  and Administrative Services Provided by the Department 
of Health  issue a duplicate license to the applicant. 
 Section 6.0  INSPECTIONS
 
 
6.1 The Director or his duly authorized agent(s) sha ll at all reasonable times and at least once each year and 
such shorter intervals as may be deemed advisable, cause inspection to be made to ascertain whether each 
swimming or wading pool is being maintained in compliance with the regulatory provisions herein. 
 6.2 The Licensing Agency shall at all reasonable times ha ve authority to enter upon any and all parts of the 
premises on which any swimming or wading pool, hot tub or spa is located and of the premises appurtenant thereto to make the inspection or to obt ain samples of water for the analyses provided for in 
the Act and the regulations herein, or to make an y examination or investigation whatsoever for the 
purpose of determining whether the provisions of the Ac t and the regulations herein are being violated or 
whether the condition and method of maintenance of  any swimming or wading pool hot tub or spa, 
subject to licensure will be detrimental to the health and safety of the users thereof. 
 Section  7.0 DENIAL, SUSPENSION AND REVOCATION OF LICENSE
 
 
7.1 The Licensing Agency shall deny the issuance of  a license to operate a swimming or wading pool, hot 
tub or spa, whenever the Licensing Agency finds that  the licensure requirements herein are not met.  
Furthermore, whenever the Licensing Agency shall ha ve reason to believe that any public swimming or 
wading pool, spa, and/or hot tub is being operated and/or maintained in  violation of the regulations and 
statutory provisions herein, or whenever the licensing agency has reason to believe that the condition and 
method of maintenance of any such public swimming or wading pool, hot tub or spa will be detrimental 
to the health and safety of the users, the Licensing Agency may, after due notice and hearing revoke any 
such license if it finds that such swimming or wading pool, spa, and/or hot tub is being maintained in 
violation of the regulations herein, or if the Licensi ng Agency shall be satisfied that the conditions and 
method of maintenance of such pool hot tub or spa w ill be detrimental to the health and safety of the 
users. The holder of a license shall upon its revoca tion promptly surrender the same to the Licensing 
Agency. 
 
7.2 Whenever an action shall be proposed to deny, su spend or revoke the license of an applicant and/or 
licensee, the licensing agency shall notify the operato r of the swimming or wading pool, the spa or hot 
tub, by certified mail (or may be hand delivered), se tting forth reasons for the proposed action, and the  
4 applicant or licensee shall be given an opportunity for a prompt and fair hearing in accordance with 
Chapter 42-35 of the General Laws of Rhode Island, 1956, as amended and section 19.0 herein. 
 
7.2.1 However, if the licensing agency finds that pub lic health, safety or welfare, including the health 
and safety of the public, imperatively requires emergency action and incorporates a finding to 
that effect in its order, the licensing agency  may order summary suspension of license pending 
proceedings for revocation or other action.  
5 PART II  CONSTRUCTION REQUIREMENTS  
Section R23-22-SWI/W/H&S  
 
Section 8.0 SWIMMING POOLS  
 
8.1 Construction Materials  
  A swimming pool and its appurtenan ces shall be constructed of materials which are non-toxic to humans, 
inert, impervious and enduring.  Such materials sh all be capable of withstanding the design stresses of 
the particular swimming pool to be constructed, a nd provide a water tight tank with a smooth, easily 
cleanable surface.  The finished surf ace shall be white or a light color. 
 8.2 Structural Design and Stability
 
 
8.2.1 A swimming pool shall be so c onstructed and of such shape and size so as to be safely patrolled and 
to provide good circulation of water. 
 8.2.2 Swimming pools shall be designe d and constructed to withstand an ticipated structural loadings 
when full or empty, and that the design and mate rials used shall be in accordance with generally 
accepted good structural engineering practices.  
8.3 Slope of Pool Bottoms and Sidewalls
 
 
8.3.1  The slope of the bottom of the pool where the wate r depth is less than five (5) feet shall be uniform 
and shall not exceed a pitch of one foot ve rtical in twelve (12) feet horizontal. 
 8.3.2 In portions of the pool with water depths greater  than five (5) feet, the slope of the bottom may not 
be more than one foot vertical in three (3) feet horizontal. 
 8.3.3 Swimming pool walls shall be either: 
 
a) vertical or have a slope not to exceed one foot horizontal for each five (5) feet of vertical sidewall 
depth; or 
 b) vertical for a distance of three (3) feet below th e water level, below this the wall may be curved to 
the bottom with a radius of less than or equal to  the difference between the bottom depth at that 
point and three (3) feet. 
 
8.4 WATER DEPTH MARKINGS
 
  8.4.1 The water depths of a swimming pool shall be plainly marked on the pool deck at the edge of the 
pool and on the vertical walls at or above the water surface. 
  8.4.2 Markings shall be a dark color spaced at one f oot depth intervals where the water depth is less than 
five (5) feet.  The water depth at the deepest portion of a swimming pool must be indicated. 
 8.5 FENCES AND ENCLOSURES
 
  8.5.1 The provisions of this document shall contro l the design of barriers for swimming pools, spas, and 
hot tubs.  These design controls are intended to provide protection agains t potential drownings and 
near-drownings by restricting access to swimming pools, spas, and hot tubs.  Requirements can be found in Appendix A.  
6  
8.5.2 A wall of a dwelling or other structure is perm itted to serve as part of the enclosure provided that 
there is no direct access, such as a door, from the dwelling to the pool. 
 8.5.3 All filters, pumps, chemical feeding apparatus,  and other mechanical equipment shall be secured 
and protected by an appropriate enclosure separate and apart from the enclosure of the swimming pool.  
8.6 Overflow Gutters
 
 
8.6.1 Overflow gutters extending completely around a swimming pool shall be provided on all pools having 
a water surface area of 4,000 square feet or more. 
 8.6.2 The gutter system shall be designed to continuous ly remove water from the top of the pool at a rate 
equal to at least fifty (50) percent of the recircul ation rate required to meet an eight (8) hour turnover 
time. 
 8.6.3 Gutter drainage shall be returned to the recircul ation system on the influent side of the filters and 
provisions shall be made to discharge gutter drai nage to waste without passing through the filters. 
 
8.6.4 A gutter system shall be designed to meet the following additional requirements: 
 
a) provide effective skimming action;  b) prevent waters that have entered the sy stem from being washed back into the pool;  
 c) present no accident hazard to bathers;  d) provide for easy inspection and cleaning; and  e) provide an acceptable handhold for bathers. 
 
8.6.5 Nothing in this section shall preclude the use of  roll-out or deck level type swimming pools. Such 
designs shall conform to the general provisions re lating to surface overflow system. The design of the 
curb and handhold shall conform to acceptable standard s, and must meet the approval of the Licensing 
Agency. 
 
8.7 Surface Skimmers
 
 
8.7.1 Skimmers of an approved design are permitted in swimming pools having a water surface of less than 
four thousand (4,000) square feet.  
 8.7.2 A surface skimmer system shall meet  no less than the following requirements: 
 
a) The piping and other pertinent components shall have the capacity to remove water from the pool 
at a recirculation rate of least equal to eight (8) hour pool water turnover time. 
 b) In an indoor pool, one (1) skimmer shall be pr ovided or each six hundred (600) square feet or 
fraction thereof of pool water surface and the weir  loading shall not exceed three (3) gallons per 
minute per linear inch of adjustable weir length. 
 
c) In an outdoor pool, one skimmer shall be provide d for each  four hundred (400) square feet or  
7 fraction thereof of pool water surface area and the weir loading shall not exceed 2.5 gallons per 
minute per linear inch of adjustable weir length. 
 
d) Skimmers shall be so located to provide as effective skimming of the entire water surface with 
minimum interference and short circuiting. 
 e) Each skimming device shall be equipped with an e qualizer pipe located at least one foot below the 
lowest skimmer overflow level or other device to prevent air lock in the skimmer suction line. 
 f) Each skimming device shall be equipped with an easily removable and cleanable basket or screen 
through which pool surface water must pass. 
 
8.8 Deck and Walkway
 
 
8.8.1 A continuous unobstructed deck or walkway at least four (4) feet wide excluding the width of the coping 
or the interior portion of a gutter shall extend comp letely around swimming pools.  The walkway or deck 
shall be immediately adjacent to the pool. 
 8.8.2 The walkway behind the diving equipment shall be no less than three (3) feet.   8.8.3 The deck or walkway shall be c onstructed of concrete, non- slip tile or other equally impervious material 
with a smooth, but non-slip, easily cleanable surface. 
 8.8.4 All decks and walkways shall be sloped at a grad e of approximately 1/4 inch per foot. Decks shall be 
sloped to effectively drain water to deck drains. 
 
8.9 Ladders, Steps and Stairs
 
 
8.9.1 A minimum of one ladder must be installed with in each seventy-five (75) feet of pool perimeter or 
fraction thereof.  There shall be at least one ladder lo cated at the deep end of the pool and another at the 
shallow end. 
 8.9.2 If recessed step holes are provided in lieu of a ladder, they shall be slip resistant and shall pitch slightly 
toward the pool to prevent the accumulation of dirt. A suitable handrail extending above and returning to 
the horizontal surface of the deck, curb, or coping, shall be provided at each side of the ladder or 
stepholes. 
 8.9.3 Stairs may be used in lieu of ladders at the sh allow end provided they are slip-resistant and a suitable 
handrail is provided at one side or in the center of th e stairs.  The stairs shall be recessed if the pool is 
designed for competitive swimming. 
 
8.10 Handhold
 
 
8.10.1 In the absence of a gutter designed to serve as a handhold for bathers, a bull nose coping or other 
satisfactory handhold shall be afforded bathers on a ll pool sidewalls.  Handholds shall be no more than 
nine (9) inches above the normal pool water level. 
 
8.11 Lighting, Ventilation & Electrical Requirements  
 8.11.1 All electrical wiring for swimming pools shall conform to the provisions of the current edition 
of the National Electric Code Handbook of the Na tional Fire Protection Association and the 
Electrical Code of the State of Rhode Island.  
8  
8.11.2 All indoor swimming pool equipment, rooms, bath houses, dressing rooms, shower rooms, and 
toilet spaces shall be ventilated adequately either  by natural or mechanical means, or by a 
combination of natural and mechanical means. 
 8.11.3 The pool and deck areas must have adequate illumination. 
 
8.12 Diving Area
 
 
8.12.1 The dimensions of the pool in the diving area shall conform to the following: 
 
Heights of Board Minimum Water Depth  Min. Pool Width Above Maximum at End of Board and at End of Board Water Level 12 Feet Beyond and 12 Feet Beyond  0.0 - 2.0 feet 8 1/2 feet 20 feet 2.1 - 3.3 feet 10 feet 24 feet 3.4 - 10 feet 12 feet 30 feet 
 
8.12.2 A minimum horizontal separation of ten (10)  feet shall be provided between diving boards. 
 8.12.3 At least fifteen (15) feet of unobstructed headroom shall be provided above diving boards. 
 8.12.4 Handrails shall be provided at all steps and ladders leading to diving boards or platforms more 
than three (3) feet above the pool water level.  Platforms and diving boards which are over three 
(3) feet high shall be equipped with guard rails. 
 
8.13 Swimming Pool Slides
 
 
8.13.1 Swimming pool slides which may be installe d at a swimming pool shall be manufactured in 
accordance with the requirements of the U.S. C onsumer Product Safety Commission and shall be 
so labeled; and all such slides shall be insta lled in accordance with requirements of the U.S. 
Consumer Product Safety Commission and w ith the manufacturer's instructions. 
 
8.14 Recirculation System and Equipment  
 
8.14.1 A swimming pool shall be equipped with a recirc ulation system to permit treating the pool water.  
A recirculation system shall consist of one or mo re filters with appurtenances, pump(s), chemical 
feeder(s) and a rate of flow indicator. 
 8.14.2 A swimming pool recirculation system shall be designed to treat the entire pool water volume in 
eight (8) hours or less. 
 8.14.3 Recirculation systems equipped with a water h eater shall have a fixed thermometer in place on the 
discharge side of the heater. 
 
8.14.4 Filters
 
 
a) Pressure Sand Filters : 
 
i. the filtration rate of a pressure sand filter or equivalent media shall not exceed twenty 
six (26) gallons per minute per square foot of filter bed surface area;  
9  
ii. Pressure sand filters shall be equipped with  influent and effluent pressure gauges or a 
compound pressure gauge, and an air relief va lve at the high point of the filter. 
 
b) Diatomaceous Earth Filters : 
 
i. The filter rate of diatomaceous earth filte rs shall not exceed 2.0 gallons per minute per 
square foot of effective filter area without  continuous body feed and 2.5 gallons per 
minute per square foot of effective filter area with continuous body feed. 
 ii. Provision shall be made for introducing filter aid to form a precoat evenly over the filter 
elements when a filter is put into initial operation and after each cleaning.  Pressure 
diatomaceous earth filters shall be equippe d with a precoat pot for this purpose.  
 iii. The filter plant shall be provided with such pressure, vacuum, or compound gauges as 
are required to indicate the condition of the f ilter. An air relief valve shall be provided 
at the high point of a pressure diatomaceous earth filter. 
 
iv. In vacuum filter installation, an adjustab le high vacuum automatic shut off shall be 
provided to prevent damage to the pump by cavitation. 
 
c) Cartridge Filters
 
 
i. Cartridge filters shall be operated at a f ilter rate not to exceed the design rate or a 
maximum of 0.375 gallons per minute per square foot of surface area. 
 ii. Cleaning of cartridge filters must be in accordance with the manufacturer's 
recommendations. 
 
iii. One complete spare set of cartridges shall be  available at all times to facilitate cleaning.  
 
8.14.5 Disinfectant Apparatus
 
 
a) The recirculation system for swimming and th erapeutic pools shall be equipped with a positive 
displacement type solution feeder to apply, continuously, a disinfectant to the pool water being recirculated. 
 b) Disinfectant equipment shall have a minimum cap acity to supply at least the equivalent of one 
(1) pound of chlorine per eight (8) hours for each ten thousand gallons of pool water. 
 
8.15 Main Outlets and Drains
 
 
8.15.1 A main drain outlet shall be provided at the deepest point of the swimming pool.  At least two 
outlets spaced not more than thirty (30) feet apart shall be provided if the width of the swimming pool at its deepest point exceeds thirty (30) feet.  Two (2) outlet pipes the diameters of which shall 
be equal shall be require d for spas and hot tubs. 
 8.15.2 If the suction outlet system, such as a filtrati on system, booster system, automatic cleaning system, 
solar system, etc., has a single suction outlet, or multiple suction outlets which can be isolated by 
valves, each suction outlet shall protect against bather entrapment by either. 
 
a) an antivortex cover  
10  
b) a twelve inch by twelve inch (12" x 12") grate or cover  c) other means. 
 
8.16 Treated Water Inlets
 
 
8.16.1 As a minimum, one treated water inlet shall be provided for each two hundred fifty (250) square 
feet of swimming pool water surface area or fraction thereof in indoor swimming pools and one such inlet shall be provided for each two hundred  (200) square feet of swimming pool water 
surface area or fraction thereof in outdoor pools. 
 8.16.2 A minimum number of two (2) inlets  shall be provided for any swimming pool. 
 8.16.3 One of the required inlets shall be located  in the recessed stairs section of the swimming pool, 
where such stairs are provided. 
 8.16.4 Inlets shall be spaced and located to produce uniform water circulation. 
 
8.17 Vacuum Cleaning
 
 
8.17.1 Provision shall be made for vacuum cleaning the bottom of the swimming pool.  The suction from 
the recirculation pumps and sidewall vacuum or sk immer fittings may be utilized for this purpose. 
 
8.18 Bathhouses and Sanitary Facilities  
 8.18.1 Separate dressing, toilet, show er and lavatory facilities for each sex shall be made available for the 
exclusive use of patrons in a structure (bath hou se) adjacent to the swimming, except however, for 
hotels, apartment buildings, condominiums and su ch other similar type establishments, provided 
however, that private sanitary facilities are availa ble within three hundred feet (300 ft.) from the 
swimming pool area. 
 8.18.2 The bathhouses shall be of ample size the layout of the bathhouses shall be so designed to facilitate 
the routing of bathers from the dressing area through the toilet, shower and lavatory facilities.  Furthermore, the bathhouses shall be well lighted and so planned that good sanitary conditions can 
be maintained.  Hose bib connections and floor drai ns shall be provided in convenient locations to 
facilitate cleaning the rooms in which these facilities are located. 
 8.18.3 Hot and cold running water shall be piped to shower and lavatory fixtures and liquid soap in 
suitable dispensing containers shall be provided. 
 8.18.4 The minimum number of lavatories and water clo sets provided for each sex shall be equal to 1 per 
60 bathers based on the maximum bather load.  
 8.18.5 The minimum number of showers provided for each sex shall be equal to 1 per forty (40) bathers 
based on the maximum bather load. 
 
8.18.6 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. 
 8.18.7 Notwithstanding the above provisions, the num ber of fixtures required may be increased for 
swimming pools at schools or other locations where scheduling of pool use warrants special  
11 consideration. 
 
8.19 Bather Load  
 
8.19.1 The maximum number of bathers permitted with in a swimming pool enclosure at one time shall 
not exceed the number determined as follows: 
 
a) one bather for each 20 square feet of pool wa ter surface area where the water is less than five 
feet deep. 
 b) one bather for each 25 square feet of pool wate r surface area where the water is more than five 
feet deep. 
 c) Three hundred square feet of pool water surface area shall be reserved around each diving 
board or platform.  This area shall not be in cluded in determining the bather load capacity. 
 
8.19.2 The Licensing Agency may make additional a llowances for the numbers of bathers in cases where 
an extensive pool deck area is used by patrons for lounging or sun bathing or may decrease the allowable number taking into consideration th e age and swimming ability of the bathers. 
 
8.20 Lifeline
 
 
8.20.1 Provisions shall be made to place a lifeline w ith colored floats across the width of the swimming 
pool at least two feet on the shallow end of the break between the diving well and the swimming area. 
 8.20.2 In no case shall the location of the lifeline floa ts be placed across the width of the swimming pool 
at more than five (5) feet from the shallow end of the swimming pool. 
 Section  9.0 WADING POOLS
 
 
9.1 Construction Requirements :- the construction requirements for wadi ng pools shall be consistent with the 
construction requirements for swimming pools pursuant to  section 8.0 herein with the exception however of 
decks and recirculation system as follows: 
 
9.1.1 Decks :- wading pools shall be separate and physically set apart from beginning of shallow areas of 
swimming pools by at least six (6) feet of deck .  Where a wading pool is adjacent to any deep 
water area, a minimum four (4) vertical foot barri er shall be installed separating the two pools with 
a self closing and self latching gate. 
 9.1.2 Recirculation System
:- wading pools shall meet the requireme nts of section 8.14.1 herein and shall 
be designed to treat the entire pool water volume at least once every two (2) hours. 
 Section 10.0   HOT TUBS AND SPAS
 
 
10.1 Requirements for hot tubs and spas pertaining to C onstruction Materials, Structural Design and Stability, 
Water Depth Markings, Fences and Enclosure, Surface Sk immers, Steps and Stairs and Handrails, Lighting, 
Ventilation and Electrical Requirements and Bathhouses a nd Sanitary Facilities shall be identical to the 
requirements for swimming pools of section 8.0 herein with the exception however of the following: 
 
10.1.1 Decks & Walkways : hot tubs and spas shall have a four (4) foot deck around the tub and spa or a 
four foot deck on two sides of tub and spa, and meet all other requirements of section 8.8 herein.  
12  
10.1.2 Heater & Temperature : 
 a) Heaters used in spas and hot tubs shall have a seal of approval from a standards testing agency such 
as the American National Standards Institute (ANS I-Z-21.56) or the Underwriters Laboratory (UL 
1261). 
 
b) Electrically operated heaters shall comply with cu rrent National Electrical Code of the National Fire 
Protection Association. 
 c) Heaters shall be equipped with a thermostatic cont rol for the water temperature and shall be set at a 
temperature not to exceed 105°F. 
 
10.1.3 Inlets & Drains
: 
 
Every hot tub and spa shall be equipped with inlets which shall be an integral part of the recirculation system 
and shall be adequate in design, and location to in sure uniform distribution of filtered conditioned and 
disinfected water throughout the hot tub and spa without the existence of dead spots. 
 
a) Main outlets and drains: 
 
i. A means shall be provided to drain the hot tub or spa which may include bottom drains, 
circulatory drains or any other approved drains. 
 ii. Outlets shall be of such design as to prev ent physical entrapment of fingers, toes, etc. 
 
10.1.4 Recirculation System & Equipment
 
 
 The requirements for the recirculations system a nd equipment shall be the same as the requirements for 
swimming pools of section 8.14 herein with the exception of the following: 
 
a) The recirculation system and equipment shall be sized to turn over the entire pool water capacity at 
least once every thirty (30) minutes.  
13 PART III  GENERAL REQUIREMENTS FOR WATER SUPPLY AND WASTE WATER FOR 
SWIMMING AND WADING POOLS, HOT TUBS AND SPAS  
 
Section 11.0  WATER SUPPLY  
 
11.1 The water supply serving swimming or wading pools,  hot tubs or spas, and their related plumbing 
fixtures shall meet the approval of the Licensing Agency.  The discharge end of a pipe delivering water from a drinking water system to swimming or wading pools, hot tubs or spas shall terminate at least two (2) pipe diameters above the maximum elevation of the water in the pool.  Piping from a drinking water system shall not be physically connected to a swimming or wading pool, hot tub or spa recirculation system.  The water must be discharged into a swimming or wading pool, hot tub or spa through an air gap equivalent to at least two (2) pipe diameters. 
 11.2 No plumbing connection shall be made which might permit water from the swimming or wading pool, 
hot tub or spa recirculation system to enter the drinking water system. 
 Section 12.0  WASTE WATER DISPOSAL
 
 
12.1 Waste water from the operation of swimming or wa ding pools, hot tubs or spas, except water resulting 
from draining such pools, hot tubs or spas, shall be discharged into a sanitary sewage system through an air 
gap equivalent to at least two (2) pipe diameters.  If no such sewer system is available, the pools, hot tubs or spas may be served by an individual sewage disposal system (ISDS) approved by the Department of Environmental Management. 
 12.2 The content of a swimming or wading pool, hot tub or spa may be emptied by draining into a natural 
water course directly or indirectly through a storm water system.  Prior to doing so, a permit must be obtained from the Department of Environmental Management. 
 
12.3 There shall be no direct physical connection between  any part of a swimming and wading pool, hot tub or 
spa or its recirculation system and a sanitary sewer or subsurface sewage disposal system.  
14 PART IV  REQUIREMENTS FOR THE OPER ATION OF SWIMMING AND WADING POOLS, 
HOT TUBS AND SPAS  
 
Section 13.0  GENERAL SANITATION REQUIREMENTS  
 
13.1 The area, room, and/or enclosure of a swimming or  wading pool, hot tub or spa, shall be kept in good 
repair and shall be maintained in a clean and sanitary condition at all times. 
 13.2 Dressing, shower, toilet and equipment rooms, incl uding fixtures and equipment shall also be kept in 
good repair and working order, and shall be ma intained in a clean and sanitary condition. 
 13.3 The floors of dressing, toilet, shower rooms and p assageways shall be well drained and shall be treated 
daily with a suitable fungicide. 
 13.4 Hot Tubs & Spas: the water in Hot Tubs and Spas sh all be drained completely no less than once a month, 
preferably once a week. 
 Section 14.0  CHEMICAL AND BACTERIOLOGICAL ANALYSES OF WATER
 
 
14.1 The Department of Health shall cause to be made  chemical and bacteriological analyses of samples of 
water from each swimming and wading pools, hot tubs a nd spas, and shall report its findings thereon to 
the person maintaining such pools, hot tubs or spas.  The report shall state whether or not the condition of 
such water is such as to be detrimen tal to the health and safety of the users.  The first analyses of samples 
of water from a newly opened swimming or wading pool, hot tub or spa, shall be made within thirty (30) 
days after the receipt of an application for a license for such pool. 
 14.2 Chemical Standards of the Water
: 
 
14.2.1 A swimming or wading pool, hot tub or spa, while  in use, shall be continuously disinfected by a 
chlorinated agent which imparts an easily measured free available residual effect.  
 14.2.2 Testing equipment which is capable of measuring the maximum and minimum chemical 
standards stated herein must be provided including a fresh supply of test reagents. 
 14.2.3 Chemicals, other than those used for the pr oper maintenance of the pool, shall not be added to 
the pool, its recirculation system without the written approval of the Licensing Agency.  
 14.2.4 The owner will be responsible for any m onitoring deemed necessary by the Licensing Agency 
which results from the addition of chemicals othe r than those used for pH and disinfectant. 
 
14.2.5 Swimming and Wading Pools
 
Free chlorine, combined chlorine, and pH values shall be continuously maintained within the 
following ranges:  
15 Minimum Ideal Maximum 
Indoor Outdoor 
Pools 
 
Free chlorine residual (ppm)* 0.7  2.0 3.0 
Combined chlorine (ppm)* none none 0.2** 0.2** pH 7.2 7.4 - 7.6 7.8 7.8 
 *  ppm means parts per million 
** Remedial action shall be taken if combined chlorine  exceeds 0.2 as it will result in reduced chlorine efficacy. 
Alternate disinfection systems require a variance to these regulations as indicated in Section 17.0 
 
14.2.6 Hot Tubs & Spas
 
 
 The following temperatures, disinfectant levels  and chemical values shall be continuously 
maintained within the following ranges for hot tubs and spas: 
 
Minimum Ideal Maximum 
 
Temperatures (degrees Fahrenheit)   105 
Free chlorine residual(ppm)* 1.0  5.0 Combined chlorine (ppm)* none none 0.2** pH 7.2 7.4 - 7.6  7.8 
 * ppm means parts per million 
** Remedial action shall be taken if combined chlori ne residuals exceed 0.2 ppm as it will result in reduced 
disinfectant efficacy. 
 
14.2.7 Sampling, Testing and Record Keeping
 
 
a) Swimming and Wading Pools :  Operators of swimming and wading pools shall sample the water 
content of the pool each day it is in operation for the parameters set forth in section 14.2.5 above. 
 b) Hot Tubs and Spas
: Operators of hot tubs and spas shall test the pH and temperature for hot tubs 
and spas each day they are in operation for the parameters set forth in section 14.2.6 above . 
 c) Results of all analyses and testings shall be  recorded by the operator and the records made 
available to the Licensing Agency.  Such records shall be maintain ed for a period of no less than 
one year. 
 
14.3 Bacteriological Quality of the Water
 
 
14.3.1 Water samples of swimming and wading pools, hot tubs and spas, shall be collected whenever 
deemed necessary.  No sample shall contain more than 200 bacteria per milliliter as determined by 
the standard thirty five degree C. (35°C) agar plate count. 
 14.3.2 Samples collected for microbiological examina tion testing shall be conducted in accordance with 
procedures set forth in the current "Standard  Methods for the Examination of Water and 
Wastewater", of the American Public Health Association. 
  
16 14.3.3 Hot tubs & Spas  
 
Pseudomonas aeruginosa: Examinations may be made for bacteria of the pseudomonas group.  Whenever such examinations are made, not more  than five (5) organisms per 100 milliliters of 
water should be present. 
 Section 15.0  CLARITY OF WATER
 
 
15.1 The water of the swimming and wading pools, hot tubs and spas, shall be sufficiently clear so that the 
main drain grate(s) and the bottom of the pool and hot tub and spas are clearly visible when in use.    
 Section 16.0  GENERAL SAFETY REQUIREMENTS
 
 
16.1 Licensed swimming and wading pools, hot tubs and sp as, shall meet the lifeguard requirements and such 
other related safety and first aid requirements in acco rdance with the statutory and regulatory provisions 
of the Department of Environmental Management. 
 16.2 All entrances leading to a swimming and/or wading pool , hot tub or spa, shall be secured with a locking 
device whenever the pool and hot tub or spa is closed to bathers. 
 16.3 Precautions shall be taken to protect personnel from injury when handling acids and strong oxidizing 
agents. Such chemicals shall be st ored in a secure and safe manner. 
 16.4 Owners and/or operators of swi mming and wading pools, hot tubs and spas, shall establish written policies 
governing no less than the following: 
 
a) any person with an infectious and/or comm unicable disease shall be prohibited from utilizing the 
swimming and wading pool, hot tub and spa, including pe rsons with open lesions, blisters and/or cuts 
or rashes; 
 b) prohibiting spitting, spouting water, and blowing the nose in the swimming or wading pool, hot tub or 
spa; 
 c) prohibiting running, boisterous, or rough play in th e swimming or wading pool, hot tub or spa, and/or 
surrounding areas; 
 d) prohibiting of pets and other animals in the swimming or therapeutic pool except for seeing-eyed dogs 
accompanied by a blind person; 
 e) establishing safety provisions pertaining to the use of swimming pool slides and diving boards; 
 
f) cleansing shower baths prior to entering swimming or wading pools, hot tubs or spas;  g) prohibiting food and drink within the swimming or wading pool or hot tub or spa enclosure except in 
designated areas; and 
 h) such other provisions as owners may deem necessary for the protection and safety of the bathers. 
 
16.6 In addition to the above, owners or operators shall: 
 
a) post warning to users of hot tubs and spas regard ing the advisability of pregnant women, individuals 
suffering from heart disease, diabetes and high or low blood pressure, persons using alcohol, anti- 
17 coagulants, anti-histamines, vaso-constrictor, vasodi alators, stimulants, narcotics or tranquilizers to 
contact their physician regarding the appropriateness of their use of hot tubs and spas. 
 
b) permit the use of the hot tub or spa only for reasonable length of time, not to exceed fifteen (15) 
minutes. 
 c) suggest bathers to shower and cool down prior to  returning for another brief stay to prevent nausea 
dizziness and fainting. 
 
16.7 The policies and warning sign governing the use of pools, hot tubs and spas by bathers as required above 
shall be posted in a conspicuous place in the swi mming and wading pool, hot tub and spa area accessible to 
bathers. 18 PART V  VARIANCE, VIOLATIONS AND SANCTIONS, PRACTICES AND  
PROCEDURES, AND SEVERABILITY  
Section 17.0  VARIANCE PROCEDURE  
17.1 The Licensing Agency may grant a variance either upon its own motion or upon request of the applicant 
from the provisions of any rules or regulations in a specific case, if it finds that a literal enforcement of 
such provision will result in unnecessary hardship to th e applicant and that such variance will not be 
contrary to the public interest, public hea lth and/or health and safety of the public. 
17.2 A request for a variance shall be filed by an app licant in writing setting forth in detail the basis upon which 
the request is made. 
17.2.1 Upon the filing of each request for variance with the Licensing Agency and within thirty (30) days 
thereafter, the Licensing Agency shall notify the app licant by certified mail of its approval or in the 
case of a denial, a hearing date, time and place may be scheduled if the denial is appealed. 
Section 18.0  VIOLATIONS AND SANCTIONS  
18.1 Any person, other than a city or town, whether as principal or agent, employer or employee, who violates 
any of the provisions of this chapter, or any of the ru les and regulations made by the department of health 
pursuant to this chapter, shall be punished by a fi ne of not more than fifty dollars ($50.00) for each 
offense, and each day that any violation occurs shall constitute a separate and distinct offense. 
Section 19.0   PROCEDURES AND PRACTICES  
19.1 All hearings and reviews required under the provisions  of the Act shall be held in accordance with the 
provisions of the rules and regulations promulgated by the Rhode Island Department of Health entitled, 
"Rules and Regulations Governing the Practices and Pr ocedures Before the Rhode Island Department of 
Health." 
Section 20.0   SEVERABILITY  
20.1 If any provision of these rules and regulations or th e application thereof to any swimming or therapeutic 
pool owner or circumstance shall be held invalid, such invalidity shall not effect the provisions or 
application of the regulations which can be given eff ect, and to this end the provisions of the regulations 
are declared to be severable. 
SwimmingPools_Final_Sept2012.doc 
Wednesday, 26 September 2012 19APPENDIX A 
BARRIER FOR SWIMMING POOLS, SPAS AND HOT TUBS 
REQUIREMENTS 
Section I. 
Outdoor Swimming Pool  
 An outdoor swimming pool, including a hot tub or spa, sha ll be provided with a barrier which shall comply with 
the following: 
1.
The top of the barrier shall be at least 48 inches above grade m easured on the side of the barrier which
faces 
away from the swimming pool.  The maximum vertical clearance between grade and the bottom  of
the barrier shall be 2 inches m
easured on the side of the barrier which faces away from the swimmi ng
pool.
2.
Openings in the barriers shall not allow passage of a 4 inch diam eter sphere.
3.
Solid barriers which do not have openings, such  as a masonry  or stone wall, shall not contain
indentations or protrusions except for norm
al construction tolerances and tooled masonry  joints.
4.
Where the barrier is composed of horizontal and ve rtical memb ers and the distance between the tops of
the horizontal m
embers if less than 45 inches, the horizontal members shall be located on the swimmi ng
pool side of the fence.  Spacing between vertical m
embers shall not exceed 1  inches in width.  Where
there 
are decorative cutouts within vertical memb ers, spacing within the cutouts shall not exceed 1 
inches in width.
5.
Where the barrier is composed of horizontal and ve rtical memb ers and the distance between the tops of
the 
horizontal members is 45 inches or more, spacing between vertical memb ers shall not exceed 4
inches.  Where there are decorative cutouts 
within vertical members, spacing within the cutouts shall not
exceed 1 inches in width.
6.
Maximum mesh size for chain link fences shall be a 1  inch square unless the fence is provided with
slats fastened at the top or the bottom
 which reduce the openings to no more than 1  inches.
7.
Where the barrier is composed of diagonal me mbers, such as a lattice fence, the maximum  opening
form
ed by the diagonal members shall be no more than 1  inches.
8.
Access gates shall comply with the requirements of  Section I, Paragraphs 1 through 7, and shall be
equipped to accom
modate a locking device.  Pedest rian access gates shall open outwards away from the
pool and shall be self-closing and have a self-latchi ng device.  Gates other than pedestrian 
access gates
shall have a self-latching device.  
Where the rel ease mechanism  of the self-latching device is located
less than 54 inches from
 the bottom of the gate, (a) the release mechanism  shall be located on the pool
side of the gate at least 3 inches below the top of the gate and (b) the gate and barrier shall 
have no
opening greater than  inch within 18 inches of the release m
echanism.
9.
Where a wall of a dwelling serves as part of the barrier, direct access to the pool through the wall shall
be lim
ited to doors and windows which m eet the following conditions:
A. Windows leading to the pool area shall have a latching device at least 54 inches above the floor.
B.
Hinged doors leading to the pool area shall be self-closing and shall have a self-latching device.  The 
20 release mechanism of the self-latching device shall be located at least 54 inches above the floor. 
 C. Sliding doors or sliding screen doors leading to the pool area shall be self-closing and shall have a 
self-latching device or other barrier approved by the authority having jurisdiction.  The release mechanism of the self-latching device shall be  located at least 54 inches above the floor. 
 Section II. Indoor Swimming Pool
 
 
 All walls surrounding an indoor swimming pool sh all comply with Section I, Paragraph 9. 
 Section III. Prohibited Locations
 
 
 Barriers shall be located so as to prohibit permanent st ructures, equipment or similar objects from being used to 
climb the barriers.