reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.3 - Substances or Compounds Used as Sewerage System Cleaners › Section 23-24.3-4. - Powers and duties of the director.

§ 23-24.3-4. Powers and duties of the director.
(a)
The director shall have the authority to designate any sewerage system cleaner a restricted chemical material if he or she shall after investigation determine that its usage as a sewerage system cleaner may render groundwater unusable for drinking water purposes without physical, chemical, or biological treatment or may have a dangerous, deleterious, or injurious effect on the environment or health and welfare of the citizens of this state.
(b)
Prior to designating a sewerage system cleaner a restricted chemical material, the director shall:
(1)
Provide written notification to the manufacturer or manufacturers of the sewerage system cleaners of the director’s intent to make that designation;
(2)
Hold a public hearing at which the manufacturer or manufacturers of the sewerage system cleaner, the state of Rhode Island, and any other interested persons shall be given the right to be heard and present evidence, if within twenty (20) days after receipt of the written notification a manufacturer requests in writing a hearing; and
(3)
Issue findings of fact based on the evidence presented at the hearing or his or her investigation.
(c)
The director shall have the authority to require manufacturers, distributors, or retailers of sewerage system cleaners sold or offered for sale in this state to furnish to the director information regarding the chemical composition of that sewerage system cleaner and the nature and extent of investigations and research performed by the manufacturer concerning the effects of that sewerage system cleaner or groundwater systems. A manufacturer, distributor, or retailer may comply with these requirements of the director by furnishing to the director copies of the information which are applicable to the director’s requirements and which have previously been submitted to federal or state agencies. The director shall keep confidential any information obtained pursuant to this section when requested by a manufacturer that shows that the information, if made public, would divulge competitive business information, methods, or processes entitled to protection as trade secrets.
(d)
The director shall have the authority to issue orders to all persons engaged in the manufacture, distribution, or sale of sewerage system cleaners to carry out the provisions of this chapter including, but not limited to, ordering the recall of sewerage system cleaners being offered for sale in this state.
(e)
The director shall have the authority to promulgate regulations to enforce the provisions of this chapter.
History of Section.
P.L. 1982, ch. 358, § 1; P.L. 1983, ch. 293, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.3 - Substances or Compounds Used as Sewerage System Cleaners › Section 23-24.3-5. - Enforcement proceedings.

§ 23-24.3-5. Enforcement proceedings.
The superior court for Providence County shall have jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant to this chapter. Proceedings for enforcement may be instituted and prosecuted in the name of the director or state of Rhode Island and in any proceeding in which injunctive relief is sought it shall not be necessary for the director or state of Rhode Island to post a bond or show that without this relief the injury which will result will be irreparable or that the remedy at law is inadequate.
History of Section.
P.L. 1982, ch. 358, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.3 - Substances or Compounds Used as Sewerage System Cleaners › Section 23-24.3-6. - Civil penalties.

§ 23-24.3-6. Civil penalties.
Any person who violates the provisions of this chapter, or of any rule, regulation, or order issued pursuant to this chapter shall be subject to a civil penalty to be assessed by the court or the director not exceeding one thousand dollars ($1000). In the case of a continuing violation, each day’s continuance shall constitute a separate and distinct offense.
History of Section.
P.L. 1982, ch. 358, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.3 - Substances or Compounds Used as Sewerage System Cleaners › Section 23-24.3-7. - Criminal penalties — Recall order.

§ 23-24.3-7. Criminal penalties — Recall order.
(a)
In addition to the civil sanctions provided for in § 23-24.3-6, any person who knowingly violates any provision of this chapter or an order of the director shall, for the first offense, be guilty of a violation punishable by a fine of not more than five hundred dollars ($500). For a second and each subsequent offense, he or she shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500) or a term of imprisonment of not more than six (6) months, or both. In the case of a continuing violation, each day’s continuance shall constitute a separate and distinct offense.
(b)
In addition to, or instead of, the penalties in subsection (a), the district or superior court may order a defendant, as part of his or her sentence, to recall any sewerage system cleaner offered for sale or distributed in violation of this chapter. The court shall set a reasonable time to accomplish the recall.
History of Section.
P.L. 1982, ch. 358, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.3 - Substances or Compounds Used as Sewerage System Cleaners › Section 23-24.3-8. - Duties of attorney general.

§ 23-24.3-8. Duties of attorney general.
The attorney general shall prosecute all actions to enforce the provisions of this chapter and the regulations and orders issued pursuant to this chapter.
History of Section.
P.L. 1982, ch. 358, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.3 - Substances or Compounds Used as Sewerage System Cleaners › Section 23-24.3-9. - Liberal construction — Severability.

§ 23-24.3-9. Liberal construction — Severability.
This chapter shall be liberally construed in order to achieve the purposes of this chapter. If any provision of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the remainder of the statute shall not be affected.
History of Section.
P.L. 1982, ch. 358, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.4 - Hazardous Substances Community Right to Know Act › Section 23-24.4-1. - Short title.

§ 23-24.4-1. Short title.
This chapter may be cited as the “Hazardous Substances Community Right To Know Act”.
History of Section.
P.L. 1984, ch. 151, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.4 - Hazardous Substances Community Right to Know Act › Section 23-24.4-2. - Purpose and findings.

§ 23-24.4-2. Purpose and findings.
(a)
It is found that the health and safety of the people of the state are threatened by the proliferation of hazardous substances and that the people can begin to control exposure to these substances and to remediate the effects of that exposure only by knowledge of what hazardous substances are being produced, used, stored, emitted, discharged, or transported within the state. It is further found that, while the department of environmental management is taking steps to make known to residents all available information on hazardous discharges or emissions within the state, residents of the state have no established means of access to employers’ lists of hazardous substances and material safety data sheets and that residents should have access to those lists and sheets.
(b)
It is declared in the public interest and the policy of the state that residents of the state have access to those lists and safety sheets.
History of Section.
P.L. 1984, ch. 151, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.4 - Hazardous Substances Community Right to Know Act › Section 23-24.4-3. - Definitions.

§ 23-24.4-3. Definitions.
For the purpose of this chapter:
(1)
“Department” means the department of labor and training.
(2)
“Designated substance” means any material designated as hazardous or toxic under the provisions of chapter 21 of title 28;
(3)
“Employer” includes an individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee as defined under the provisions of chapter 21 of title 28;
(4)
“Material safety data sheet” means the written document conforming to the Occupational Safety and Health Administration form 20 as maintained by employers under the provisions of chapter 21 of title 28;
(5)
“Resident” means any person whose principal domicile is located in the state.
History of Section.
P.L. 1984, ch. 151, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.4 - Hazardous Substances Community Right to Know Act › Section 23-24.4-4. - Community access.

§ 23-24.4-4. Community access.
(a)
Any resident of the state shall have the right to make a reasonable request from the department for copies of lists of designated substances and material safety data sheets as defined in this chapter. These requests may be made in person during normal business hours or by mail.
(b)
The department shall obtain the requested material as provided for in § 23-24.4-5 and provide the resident making the request with the information within five (5) working days of obtaining the information from the employer; provided, however, that the director of labor and training shall have the right to refuse unreasonable requests.
(c)
The department is empowered to impose a fee on the resident for each employer request, not to exceed ten dollars ($10.00) per employer request together with the submitted employer’s cost of photocopying the duplicate lists requested. Photocopying costs collected shall be reimbursed to the employer.
(d)
The compliance with any subsequent request of a particular employer shall be the responsibility of the department.
History of Section.
P.L. 1984, ch. 151, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.4 - Hazardous Substances Community Right to Know Act › Section 23-24.4-5. - Employers’ responsibility.

§ 23-24.4-5. Employers’ responsibility.
(a)
All employers in the state shall, upon request by the department and in accordance with the provisions of chapter 21 of title 28 and any amendments to this chapter, submit, in duplicate, copies of those lists of designated substances and material safety data sheets to the department within thirty (30) working days of receipt of the written request; one copy of which shall be delivered to the resident making the request subject to § 23-24.4-4 and the other copy to be placed on file with the department.
(b)
When the copies are not received by the department within forty (40) days of the department’s making a request, the department shall have all enforcement rights available, in accordance with chapter 21 of title 28, to obtain them.
(c)
Prior to reimbursement, the employer shall submit a statement of the cost incurred in photocopying the lists of designated substances and associated material safety data sheets.
History of Section.
P.L. 1984, ch. 151, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.4 - Hazardous Substances Community Right to Know Act › Section 23-24.4-6. - Trade secrets — Exemptions.

§ 23-24.4-6. Trade secrets — Exemptions.
An employer is not required to submit information to the department of labor and training if that information has been exempted under the trade secret exemption provided for in chapter 21 of title 28.
History of Section.
P.L. 1984, ch. 151, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.4 - Hazardous Substances Community Right to Know Act › Section 23-24.4-7. - Penalties.

§ 23-24.4-7. Penalties.
Any employer who willfully, knowingly, and intentionally violates the requirements of this chapter shall be subject to a fine imposed by the department of labor and training of not more than one hundred dollars ($100) for every day the violation exists. The department may impose those fines and enforce the collection thereof by means of civil action against the employer and the responsible officers or agents of the employer.
History of Section.
P.L. 1984, ch. 151, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.4 - Hazardous Substances Community Right to Know Act › Section 23-24.4-8. - Right of action.

§ 23-24.4-8. Right of action.
Any resident who makes a reasonable request for material covered by this chapter and does not receive that material within ninety (90) days of making the request will have the right to take civil action against the employer or employers in question and the department of labor and training in order to receive that material and any relevant compensatory damages.
History of Section.
P.L. 1984, ch. 151, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.4 - Hazardous Substances Community Right to Know Act › Section 23-24.4-9. - Severability.

§ 23-24.4-9. Severability.
If any provisions or parts of this chapter or application of this chapter to any person or circumstance is held unconstitutional or invalid, the remaining provisions of this chapter and the application of those provisions to other persons or circumstances other than those to which it is held invalid shall not be affected by it.
History of Section.
P.L. 1984, ch. 151, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-1. - Short title.

§ 23-24.5-1. Short title.
This chapter may be cited as the “Asbestos Abatement Act”.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-3. - Purpose.

§ 23-24.5-3. Purpose.
The purpose of this chapter is to protect the public health and public interest by prohibiting, limiting, and regulating the use of and to require the abatement of asbestos and asbestiform materials that are a danger to the public health. The removal of asbestos and asbestiform materials that are a danger to the public health from all public buildings is declared to be the goal of the state of Rhode Island.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-4. - Legislative findings.

§ 23-24.5-4. Legislative findings.
The general assembly finds, upon the reports, hearings, and records of its legislative commission to study asbestos exposure, and of its own committees, and those of other states, and of the United States Environmental Protection Agency, that asbestos materials and asbestiform materials are hazardous substances in a friable condition, and that they are a danger to the public health, a respiratory hazard, a potential carcinogenic, and a known cause of lung cancer, mesothelioma, and asbestosis. It further finds that asbestos materials in buildings and products within the state in a friable condition are a potential health hazard and that there is no known minimal level of exposure to friable asbestos which will guarantee the full protection of the public health.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-7. - Health department inspections.

§ 23-24.5-7. Health department inspections.
(a)
The director, or his or her designee, or any inspector employed by the department of health or the department of labor and training designated by the director of health is authorized to inspect at a reasonable time without prior notice as part of an overall plan of periodic inspection, or to respond to a complaint of the existence of friable asbestos material, any building, except private residences, in which a person may become exposed to friable asbestos or asbestiform material. Any person refusing entry to a designated public health inspector or obstructing an inspection ordered by the director shall be fined by the director a sum not exceeding two thousand five hundred dollars ($2,500) for each violation.
(b)
State inspectors shall conduct inspections of the following types of buildings on an equal basis: public and private high priority buildings, initial inspections of public intermediate priority buildings, and inspections prompted by the complaint process.
(c)
The director shall not be precluded from requiring abatement of a friable asbestos hazard in the event an air monitoring test does not establish that the indoor non-occupational air exposure standard has been exceeded.
(d)
The director may assess fees for inspections conducted in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that the fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.
History of Section.
P.L. 1985, ch. 366, § 1; P.L. 1987, ch. 541, § 1; P.L. 1996, ch. 237, § 1; P.L. 2001, ch. 86, § 9.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-8. - Posting and labeling.

§ 23-24.5-8. Posting and labeling.
(a)
On any building accessible to the public where there is friable asbestos either in violation of the air sample exposure standard or action criteria standard as determined by the director or where there is demolition or repair of asbestos material taking place or abatement process underway a warning sign issued in conformance to standards issued by the director shall be posted at all entrances and conspicuous places.
(b)
The director is further authorized to issue regulations requiring the posting of warnings in public buildings where there may be a public health danger of exposure to friable asbestos and for the marking of asbestos material in public buildings.
(c)
The director shall file in the land evidence records of the city or town in which a nonconforming building is located a notice of violation of any structure that is not in compliance with an order of the director regarding asbestos abatement in the same manner as is provided for housing code violations in the general laws.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-9. - Building closing.

§ 23-24.5-9. Building closing.
(a)
The director may close public access to any building or portion of a building in which the director after notice and hearing has found to contain friable asbestos in any condition or amount that there exists a public health danger.
(b)
No portion of any building containing friable asbestos in quantities the director finds to be a danger to the public health shall be reoccupied until the director issues a re-occupancy permit. No re-occupancy permits for any high or intermediate priority building or portion of this building shall be issued by the director if air levels for asbestos and asbestiform materials are not below the air exposure standard.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-10. - Product sale or use.

§ 23-24.5-10. Product sale or use.
(a)
The director may limit or ban the use or sale of an asbestos or asbestiform product after notice and hearing when that product is found to be a likely risk of or a potential cause of injury or death from the normal and intended use of the product.
(b)
Any person or entity selling or manufacturing asbestos or asbestiform material shall be strictly liable for any injury, death, or damages related to the exposure to, or use of, these products.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-11. - Complaint process.

§ 23-24.5-11. Complaint process.
(a)
An occupant of any building or the parent or guardian of any minor who is an occupant of a building or an employee working in a building or that employee’s representative may request the director to undertake an inspection of that building for the purpose of detecting friable asbestos, of demanding enforcement of an abatement plan, and/or to request copies of inspections previously undertaken of any asbestos abatement plan related to the occupant’s building by notifying the director in writing of the request by identifying the building location and address and by setting forth any reason for suspecting the existence of friable asbestos in the building.
(b)
The director shall within forty-five (45) days of receipt of that request answer the request in writing setting forth the results of any inspection undertaken, the reason for not undertaking an inspection, or for either not abating or for abating the asbestos condition of the building.
(c)
Any occupant not receiving an answer within forty-five (45) days or not satisfied with the response of the director may request an order for the relief requested through the Administrative Procedures Act, chapter 35 of title 42, from the department’s hearing officer and appeal as an aggrieved party.
(d)
The name of the complainant shall remain confidential.
(e)
No public employee or beneficiary of public funds making a request or complaint to the director shall, as a result of a request or complaint, be subject to any retaliatory action, discriminatory act, job dismissal, suspension, or discipline by any person. Any employee or beneficiary subjected to this action shall be entitled to all the rights and remedies set forth in the Rhode Island Whistleblowers Act, chapter 50 of title 28.
History of Section.
P.L. 1985, ch. 366, § 1; P.L. 1987, ch. 541, § 1; P.L. 1989, ch. 542, § 54.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-13. - Competent persons.

§ 23-24.5-13. Competent persons.
(a)
The “owner” (or supervisor) of a publicly owned building or administrator of a group of public buildings or the owner of a private building, excluding a private residence, shall appoint from his or her employees sufficient persons competent in the basic aspects of asbestos inspection and abatement to fulfill the responsibilities of this section within an eighteen (18) month period.
(b)
The “competent person” shall have, but not be limited to, the following responsibilities:
(1)
To make periodic visual inspection of known asbestos containing areas;
(2)
To review past maintenance records;
(3)
To work with the department of health to ascertain and identify asbestos hazards;
(4)
To maintain records of inspections;
(5)
To join with the contractor in working up the specifications of abatement projects;
(6)
To make periodic inspection of abatement procedures and have the right to call in a state inspector if, in the view of the competent person, any provision of this chapter is being violated;
(7)
To alert building occupants and maintenance staff of ongoing abatement project; and
(8)
To review outside contracting work if that work shall affect enclosed or encapsulated asbestos materials.
(c)
Any parent of an occupant of a building or teacher representative may voluntarily become certified as a “competent person.”
(d)
This parent or teacher representative may accompany “competent persons” in their inspection and have full access to their records regarding asbestos.
History of Section.
P.L. 1985, ch. 366, § 1; P.L. 1987, ch. 541, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-15. - Duties of physicians regarding asbestos related disease.

§ 23-24.5-15. Duties of physicians regarding asbestos related disease.
(a)
Any physician or employee of a licensed medical facility making the diagnosis of mesothelioma, asbestosis, or any illness or death suspected as being due to asbestos exposure must be reported to the director of health within six (6) months of the diagnosis.
(b)
The physician or licensed medical facility involved shall also inform the patient or patient’s next-of-kin in a dated letter by certified mail return receipt requested of the suspected role of asbestos as it relates to the patient’s condition.
(c)
Notwithstanding any other law to the contrary, the statute of limitations for any personal injury or property damage relating to asbestos or asbestiform materials for any cause of action now pending or which may be pending in the future shall not begin to run until notice to the patient or the patient’s next-of-kin is filed as set forth in subsection (b), or in the case of pending matters when a physician in writing had notified the patient or next-of-kin.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-16. - Delegation of authority.

§ 23-24.5-16. Delegation of authority.
Except for the provisions of this chapter relating to rule making, penalties, standards, and appeals, the director may after filing notice with the secretary of state delegate to another state agency any of the chapter’s administrative duties, including, but not limited to, inspection, testing, and building permit responsibilities, if the director finds that the delegation would provide for a more effective and efficient administration of the provisions of this chapter. Notwithstanding any other law, pursuant to this delegation the director may allocate money appropriated to the department of health to the delegate agency for the purpose of funding the delegation.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-17. - Compliance procedures.

§ 23-24.5-17. Compliance procedures.
Except as provided in this chapter, the inspection, enforcement, and penalties for violations of the provisions of this chapter shall be in accordance with the provisions and procedures set forth in §§ 23-1-19 — 23-1-25.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-18. - Hazardous substance.

§ 23-24.5-18. Hazardous substance.
Except as provided in this chapter, asbestos is declared to be a hazardous substance subject to the provisions and limitations of chapter 24 of this title.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-20. - Bonds authorized.

§ 23-24.5-20. Bonds authorized.
(a)
The general treasurer is authorized and empowered with the approval of the governor and in accordance with the provisions of this chapter to issue from time to time bonds in the name and behalf of the state and in any amounts as may be specified by the governor in an aggregate principal amount not to exceed twenty million dollars ($20,000,000) for the purposes of being deposited in the account of the department of administration as set forth in § 23-24.5-19, known as the asbestos and dangerous products abatement fund. The bonds shall be in denominations of one thousand dollars ($1,000) each or multiples of that amount and shall be payable in any coin or currency of the United States which, at the time of payment, shall be legal tender for public or private debts. The bonds shall bear any date or dates, mature at any time or times not exceeding twenty (20) years from their date of issue, bear interest payable semiannually at any rate or different varying rates, be payable at any time or times, at any place or places, be subject to any terms of recall or redemption, with or without premium, and be in any form with or without interest coupons attached carrying any registration, conversion, re -conversion, transfer, debt requirements, acceleration, and other provisions as may be fixed by the general treasurer, with the approval of the governor, upon each issue of the bonds at the time of each issue.
(b)
Whenever the governor shall approve the issuance of those bonds he or she shall certify that approval to the secretary of state; the general treasurer shall countersign the bonds and affix the seal of the state. The approval of the governor shall be endorsed on each approved bond with a facsimile of his or her signature.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-21. - Advances from general fund.

§ 23-24.5-21. Advances from general fund.
The general treasurer is authorized from time to time with the approval of the governor in the anticipation of the issue of notes or bonds under the authority of this chapter to advance to the fund money to be used for the purposes specified in this chapter.
History of Section.
P.L. 1985, ch. 366, § 1; P.L. 1986, ch. 351, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-22. - Interpretation and severability.

§ 23-24.5-22. Interpretation and severability.
The provisions of this chapter shall be liberally construed and shall be held to be in addition to, and not in substitution for a limitation of, the provisions of any other law. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid the remainder of the chapter and the application of these provisions to any other person or circumstances shall not be affected by this invalidity.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-23. - Asbestos advisory board.

§ 23-24.5-23. Asbestos advisory board.
(a)
There is established an asbestos advisory board consisting of eleven (11) members within the department of health.
(b)
The purpose of the board shall be as follows:
(1)
To monitor the implementation of this chapter, to ensure that the records of all departments and agencies of state government relating to the asbestos abatement program shall be made accessible to the chairperson of the asbestos advisory board upon request, providing that the board has directed the chairperson by a vote of the board as a whole;
(2)
To report on or before March 1 of each year to the speaker of the house and the president of the senate of any legislative changes required in this chapter;
(3)
To advise the director on the desirability of proposed regulations.
(c)
The members of the board shall be electors and shall be appointed as follows:
(1)
There shall be three (3) ex officio members: the director of health, the director of administration, and the commissioner of elementary and secondary education or their designees;
(2)
There shall be three (3) public representatives, two (2) to be appointed by the speaker and one by the president of the senate, and there shall be five (5) members appointed by the governor, one of whom shall be a physician familiar with asbestos problems, one of whom shall be a qualified environmental health expert, and one of whom shall be an architect or engineer familiar with asbestos problems, one of whom shall be an asbestos contractor, and one of whom shall be a lawyer.
(d)
The term of office of each member shall be for a period of three (3) years except that in the case of the initial appointments of public and professional members, one by the speaker and one by the governor shall be for two (2) years and one by the speaker and three (3) by the governor shall be for one year. Each member shall serve until a successor is appointed or designated. In the month of August of each year, the members shall elect from among their members, a chairperson, vice chairperson and secretary. Any member absent for three (3) or more consecutive meetings shall be considered as having vacated the office. Six (6) members shall be considered a quorum, and the board may fulfill any of its duties by a subcommittee of four (4) members present.
(e)
The board may engage any experts and secretarial staff as necessary at a rate of pay approved by the unclassified pay board.
(f)
The director shall provide any meeting and hearing rooms as the board may require.
History of Section.
P.L. 1985, ch. 366, § 1; P.L. 1987, ch. 541, § 1; P.L. 2001, ch. 86, § 9; P.L. 2001, ch. 180, § 50.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-24. - Exemptions.

§ 23-24.5-24. Exemptions.
Notwithstanding any other law, any and all certification fees charged and costs incurred pursuant to the provisions of this chapter shall not be subject to reimbursement to any municipality by operation of any mandate of this chapter.
History of Section.
P.L. 1985, ch. 366, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-25. - Misrepresentation of asbestos licensure or certification.

§ 23-24.5-25. Misrepresentation of asbestos licensure or certification.
(a)
No person or entity shall make oral or written representations of licensure as an asbestos contractor or asbestos abatement site supervisor or asbestos abatement worker unless they possess a currently valid license for the activity which has been issued by the director pursuant to either § 23-24.5-12 or any rules or regulations promulgated pursuant to the authority conferred by this chapter.
(b)
No person or entity shall make oral or written representation of certification as an asbestos analytical laboratory, asbestos consultant or asbestos abatement project monitor unless they possess a currently valid certificate for the activity which has been issued by the director pursuant to either §§ 23-24.5-6(j) or 23-24.5-14(a) or any rules or regulations promulgated pursuant to the authority conferred by this chapter.
(c)
No person or entity certified pursuant to either §§ 23-24.5-6(j) or 23-24.5-14(a) or any rules or regulations promulgated pursuant to the authority conferred by this chapter shall make oral or written representations of certification to perform any service which is not specifically identified on their currently valid certificate.
History of Section.
P.L. 1996, ch. 237, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.5 - Asbestos Abatement › Section 23-24.5-26. - Penalties.

§ 23-24.5-26. Penalties.
(a)
Except as specified in this chapter, any person or entity acting in violation of either this chapter or any rules or regulations promulgated pursuant to the authority conferred by this chapter shall be fined by the director in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation provided that fines are not imposed until the director has afforded that person or entity an opportunity for a hearing on the matter. Each day during which any portion of a violation continues shall constitute a separate offense.
History of Section.
P.L. 1996, ch. 237, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-1. - Short title.

§ 23-24.6-1. Short title.
This chapter may be cited as the “Lead Poisoning Prevention Act”.
History of Section.
P.L. 1991, ch. 355, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-2. - Legislative findings.

§ 23-24.6-2. Legislative findings.
The general assembly finds, upon the report of the environmental lead task force and the reports, hearings, and records of its own committees and of federal agencies including the environmental protection agency and centers for disease control, that:
(1)
Environmental exposures to even low levels of lead increase a child’s risks of developing permanent learning disabilities, reduced concentration and attentiveness and behavior problems, problems which may persist and adversely affect the child’s chances for success in school and life.
(2)
Childhood lead poisoning is caused by environmental exposure to lead. The most significant sources of environmental lead are lead based paint in older housing and house dust and soil contaminated by this paint.
(3)
Childhood lead poisoning is completely preventable.
(4)
Rhode Island does not currently have a comprehensive strategy in place for preventing childhood lead poisoning. As a result, tens of thousands of Rhode Island’s children are poisoned by lead at levels believed to be harmful with most of these poisoned children going undiagnosed and untreated.
(5)
Childhood lead poisoning is dangerous to the public health, safety, and general welfare of the people and necessitates excessive and disproportionate expenditure of public funds for health care and special education, causing a drain upon public revenue.
(6)
The enactment and enforcement of this chapter is essential to the public interest. It is intended that the provisions of this chapter be liberally construed to effectuate its purposes.
(7)
The magnitude of the childhood lead poisoning in Rhode Island’s older homes and urban areas is a result of approved use of lead based materials over an extended period in public buildings and systems and private housing that a comprehensive approach is necessary to alleviate the cause, identify and treat the children, rehabilitate the affected housing where young children reside, and dispose of the hazardous material. Rhode Island presently does not have the public or the private resources to handle the total problem, requiring prioritizing on a need basis.
History of Section.
P.L. 1991, ch. 355, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-3. - Declaration of purposes.

§ 23-24.6-3. Declaration of purposes.
The purposes of this chapter are: (1) to protect the public health and public interest by establishing a comprehensive program to reduce exposure to environmental lead and prevent childhood lead poisoning, the most severe environmental health problem in Rhode Island; and (2) to establish rigorous, systematic enforcement of requirements for the reduction of lead hazards in properties where children have been lead poisoned; and (3) to define the role of the department of health as the lead state agency charged with: (i) defining lead poisoning, (ii) establishing programs for screening persons, especially children under the age of six (6) years, who are at risk of lead poisoning, (iii) setting standards for eliminating and reducing lead hazards in buildings and premises, including dwellings where a child under the age of six (6) years who has been lead poisoned resides, (iv) providing information to the public and segments thereof about the risks of lead poisoning, and (v) initiating enforcement actions against persons who violate the provisions of this chapter or regulations promulgated pursuant to this chapter. The goal of this chapter is to reduce the incidence of childhood lead poisoning in Rhode Island to the greatest extent feasible.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-5. - Environmental lead program.

§ 23-24.6-5. Environmental lead program.
(a)
There is established within the department of health an environmental lead program which shall be responsible for creating a coordinated and comprehensive program for lead poisoning prevention, including screening and detection, education, lead hazard reduction, and enforcement. The program shall exercise any and all authorities of the department which may be necessary and appropriate, including but not limited to promulgating and enforcing regulations, which regulations shall set forth a general framework for actions to be taken in response to childhood lead poisoning at different blood lead levels.
(b)
The department shall develop an educational program regarding environmental lead exposures and lead poisoning.
(c)
The department shall promulgate regulations for acceptable environmental lead levels in dwellings, where a child under the age of six (6) years with environmental intervention blood lead level or greater resides, and in buildings or properties frequently used by children under the age of six (6) years, including standards for lead on painted surfaces and surface coatings, drinking water, household dusts, and soil.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 86, § 10; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-6. - Interagency coordinating council on environmental lead.

§ 23-24.6-6. Interagency coordinating council on environmental lead.
(a)
There is established an interagency coordinating council on environmental lead within the department of health consisting of six (6) members.
(b)
The purpose of the council shall be as follows:
(1)
To coordinate the activities of its member agencies with respect to: (i) environmental lead policy; (ii) the development of educational materials; (iii) drafting regulations which have as their purpose reducing or preventing lead poisoning; and (iv) enforcement of laws, regulations, and ordinances pertaining to lead poisoning and lead poisoning prevention.
(2)
To recommend the adoption of policies with regard to the detection and elimination of the hazards to the public posed by exposure to lead in the environment;
(3)
To recommend the adoption of policies with regard to the screening and treatment of individuals suffering from elevated exposures to environmental lead; and
(4)
To report on or before March 1 of each year to the governor, speaker of the house and the president of the senate on both the progress of the comprehensive environmental lead program and recommendations for any needed changes in legislation, which report shall at a minimum: (i) provide by city and town, the incidence and levels of lead poisoning; (ii) describe educational programs; (iii) summarize regulations adopted pursuant to the provisions of this chapter and chapter 128.1 of title 42, and state the number of enforcement actions pursuant to this chapter initiated, the number completed or closed due to successful remediation of lead hazards, the number completed or closed for other reasons (which reasons shall be explained), and the number that remain open (including information on how long such actions have been open and the reasons they have not been completed).
(c)
The members of the council shall be as follows:
(1)
There shall be five (5) ex officio members: the director, the director of environmental management, the director of human services, the attorney general, and the executive director of the housing resources commission or their designees.
(2)
There shall be one local government official, who shall have knowledge of lead hazard reduction programs at the local level, appointed by the president of the Rhode Island League of Cities and Towns.
(3)
[Deleted by P.L. 2002, ch. 187, § 2 and by P.L. 2002, ch. 188, § 2.]
(d)
The members shall elect from among their members a chairperson, a vice chairperson, and secretary.
(e)
The council shall meet at the call of the chairperson, but not less than quarterly. The director shall provide any meeting and hearing rooms and secretarial staff that the council may require.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 180, § 51; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-7. - Screening by health care providers.

§ 23-24.6-7. Screening by health care providers.
(a)
The department shall promulgate regulations establishing the means by which and the intervals at which children under six (6) years of age shall be screened for lead poisoning. The department is also authorized to require screening for lead poisoning in other high risk groups.
(b)
Each physician registered or licensed by Rhode Island or any agency of Rhode Island shall screen children under six (6) years of age for lead poisoning at the intervals and using the methods specified in the regulations adopted pursuant to subsection (a). Each licensed, registered or approved health care facility serving children under six (6) years of age, including but not limited to hospitals, clinics, and health maintenance organizations, shall take appropriate steps to ensure that their patients receive screening for lead poisoning at the intervals and using the methods specified in these regulations.
(c)
All health care programs funded in whole or in part with state money and having child health components shall include, require, and/or provide for screening children under six (6) years of age for lead poisoning at the intervals and using the methods specified in the regulations promulgated under this section.
(d)
The provisions of this section shall not apply if the parents of the child object to the child undergoing blood lead screening on the grounds that the screening conflicts with their religious tenets and practices.
(e)
All blood samples taken by physicians or other health care providers licensed in Rhode Island or by licensed, registered, or approved health care facilities in Rhode Island from children under the age of six (6) years for the purpose of screening for blood lead level shall be sent to the state laboratory in the department of health for laboratory analysis.
(f)
The department shall, at least annually, analyze and summarize all of the lead screening information provided by physicians, health care facilities, and laboratories and provide this information to all other local and state agencies involved with case management and lead hazard reduction. An analysis and summary of the data shall also be made available, at least annually, to the health care community, to the general assembly, and the general public in a format that is easily understandable to non-technical readers.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 86, § 10.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-8. - Screening prior to child care or school enrollment.

§ 23-24.6-8. Screening prior to child care or school enrollment.
(a)
Each child care provider licensed, certified, or approved by any Rhode Island state agency shall obtain from a parent or guardian of each child in care under the age of six (6) years, but not less than nine (9) months of age, evidence that the child has been screened for lead poisoning or a certificate signed by the parent or guardian stating that blood testing is contrary to that person’s beliefs.
(b)
Each public and private nursery school and kindergarten shall, prior to initial enrollment of a child, obtain from a parent or guardian of the child evidence that the child has been screened for lead poisoning according to guidelines established under § 23-24.6-7, or a certificate signed by the parent or guardian stating that blood testing is contrary to that person’s beliefs.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 86, § 10.