reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-4. - Prohibition of smoking in places of employment.

§ 23-20.10-4. Prohibition of smoking in places of employment.
Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
This prohibition on smoking shall be communicated to all existing employees by the effective date of this chapter and to all prospective employees upon their application for employment.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-5. - Outdoor smoking space.

§ 23-20.10-5. Outdoor smoking space.
Nothing in this chapter shall prohibit an employer from providing an outdoor smoking space for their employees. Provided, however, that any employer who provides an outdoor area for its employees to smoke must provide an area which is physically separated from the enclosed workplace so as to prevent the migration of smoke into the workplace.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-6. - Where smoking not regulated.

§ 23-20.10-6. Where smoking not regulated.
(a)
Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of this chapter:
(1)
Private residences, except when used as a licensed childcare, adult daycare, or healthcare facility;
(2)
Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than fifty percent (50%) of rooms rented to guests in a hotel or motel may be so designated;
(3)
Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter;
(4)
Private and semi-private rooms or designated areas in assisted-living residences and nursing facilities as allowed by regulation of the department of health under chapters 17.4 and 17 of this title;
(5)
Outdoor areas of places of employment, except those covered by the provisions of § 23-20.10-5;
(6)
Any smoking bar as defined in § 23-20.10-2(20);
(7)
[Deleted by P.L. 2005, ch. 22, § 1 and P.L. 2005, ch. 23, § 1.]
(8)
[Deleted by P.L. 2005, ch. 22, § 1 and P.L. 2005, ch. 23, § 1.]
(9)
Any electronic nicotine delivery system store as defined in § 23-20.10-2(5) and any electronic smoking device establishment as defined in § 23-20.10-2(6).
(b)
The provisions of this chapter shall not apply to any stage performance provided that smoking is part of a theatrical production.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2; P.L. 2005, ch. 22, § 1; P.L. 2005, ch. 23, § 1; P.L. 2008, ch. 475, § 62; P.L. 2018, ch. 207, § 1; P.L. 2018, ch. 222, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-6.1. - Pari mutual facilities.

§ 23-20.10-6.1. Pari mutual facilities.
(a)
Any pari mutual facility established under chapter 3.1 or 7 of title 41 or any pari mutual licensee under chapter 61.2 of title 42 shall provide designated smoking and nonsmoking gaming areas in their facilities.
(b)
The designated nonsmoking gaming area shall be physically separated from any smoking area and shall be required to have separate and distinct ventilation systems so as to prohibit the migration of smoke into the nonsmoking area.
(c)
Except as provided for in paragraph (d), any bar or restaurant located in a pari mutual facility shall be nonsmoking and be physically separate from any smoking area and shall have a separate ventilation system so as to prohibit the migration of smoke into the restaurant.
(d)
The prohibitions of this chapter shall not apply to any bar which is presently in existence, located in, and not physically separated from a designated smoking area.
(e)
Any licensee of a pari mutual facility shall promulgate rules and regulations to allow their employees the right to work in a smoke free environment. These rules shall include, but not be limited to, provisions on the right to opt out of working in a smoking area and a provision that no adverse impact or action could take place against the employee if they request to opt out of a smoking area. The rules promulgated by the licensee shall be filed with the lottery commission with copies to the general assembly and the department of health no later than March 1, 2005.
(f)
Commencing January 1, 2005, any pari mutual licensee shall file an annual report with the lottery commission with copies to the general assembly and department of health detailing smoke mitigation efforts undertaken by the licensee during the previous year and plans for the upcoming year. The licensee shall be required to monitor air quality with current appropriate technology. A professional HVAC engineer (or other appropriate professional) shall certify the monitoring process and results. The results of the monitoring process shall be included in the annual report.
(g)
Any enactment relating to the provisions of this section on pari mutual facilities or licensees shall be by statute as enacted by the general assembly, provided however that the general assembly may by statute delegate such authority to the cities and towns.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-7. - Posting of signs.

§ 23-20.10-7. Posting of signs.
(a)
“No smoking” signs or the international “No smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter, by the owner, operator, manager or other person in control of that place. Signs required by this chapter may be provided by the state department of health at cost.
(b)
Every public place and place of employment where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
(c)
All signs necessary to comply with this section shall be attached at eye level and shall contain the following words “IT IS ILLEGAL TO SMOKE IN THIS ESTABLISHMENT”. To report a violation call “ .”
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-8. - Nonretaliation.

§ 23-20.10-8. Nonretaliation.
No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-9. - Enforcement.

§ 23-20.10-9. Enforcement.
(a)
The director of health shall promulgate such rules and regulations including the complaint forms, as are necessary to carry out the mandates of this chapter within one hundred eighty (180) days of passage [June 29, 2004].
(b)
Notice of the provisions of this chapter shall be given to all applicants for a business license in the state of Rhode Island, to all law enforcement agencies, and to any business required to be registered with the secretary of state’s office.
(c)
Any citizen who desires to register a complaint under this chapter may initiate such a complaint with the department of health.
(d)
The department of health, having received a written and signed letter of complaint citing a violation of this chapter, shall enforce this entire chapter against violations by either of the following actions:
(1)
Serving written notice to comply to an employer, with a copy of the notice to the complaining individual, requiring the employer to correct immediately any violation or section of this chapter.
(2)
Upon receiving a second complaint at the department of health for the same or continued violation by the same employer, the complaint shall be resolved by notifying the city or town solicitor, having jurisdiction over the licensed holder, to initiate, without delay, an action for injunction to enforce the provisions of this chapter, to cause the correction of such violation or section, and for assessment and recovery of a civil penalty for such violation.
(e)
The department of health, local fire department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this chapter.
(f)
An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of the appropriate provisions thereof.
(g)
In addition to the remedies provided by the provisions of this section, the department of health, aggrieved by the failure of the owner, operator, manager or other person in control of a public place or place of employment to comply with the provisions of this chapter, may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2; P.L. 2008, ch. 475, § 62.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-10. - Violations and penalties.

§ 23-20.10-10. Violations and penalties.
(a)
An employer who violates this chapter shall be liable for a civil penalty as follows:
(1)
A penalty of two hundred fifty dollars ($250) for the first violation;
(2)
A penalty of five hundred dollars ($500) for the second violation;
(3)
A penalty of one thousand dollars ($1,000) for the third and subsequent violations;
which shall be assessed and recovered in a civil action brought by the city or town solicitor, having jurisdiction over the licensed holder, in the city or town municipal court or any court of competent jurisdiction. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. One-half (½) of any penalty assessed and recovered in an action brought pursuant to this subsection shall be transferred to the municipality in which the civil action originated and the other one-half (½) of any penalty assessed and recovered shall be transferred to the general fund.
(b)
Any fines owed under this chapter shall be paid within thirty (30) days of judgment entered. Failure to pay within thirty (30) days will result in the doubling of the penalty.
(c)
In undertaking the enforcement of this chapter, the state is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that this breach proximately caused injury.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-11. - Public education.

§ 23-20.10-11. Public education.
The department of health shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-12. - Governmental agency cooperation.

§ 23-20.10-12. Governmental agency cooperation.
The state of Rhode Island and its designees shall annually request other governmental and educational agencies having facilities within the state to establish local operating procedures in cooperation and compliance of this chapter. This includes urging all federal, state, municipal and school district agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-13. - Other applicable laws.

§ 23-20.10-13. Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-14. - Prohibited condition of employment — Smoking by employees outside course of employment.

§ 23-20.10-14. Prohibited condition of employment — Smoking by employees outside course of employment.
(a)
No employer or agent of any employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his or her employment, or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of his or her employment. Provided, however, that the following employers shall be exempt from the provisions of this section: Any employer that is a nonprofit organization which as one of its primary purposes or objectives discourages the use of tobacco products by the general public.
(b)
In any civil action alleging a violation of this section, the court may:
(1)
Award up to three (3) times the actual damages to a prevailing employee or prospective employee;
(2)
Award court costs to a prevailing employee or prospective employee;
(3)
Afford injunctive relief against any employer who commits or proposes to commit a violation of this chapter.
(c)
Nothing contained in this chapter shall be construed to affect any other provisions of this title.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.10 - Public Health and Workplace Safety Act › Section 23-20.10-16. - Severability.

§ 23-20.10-16. Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and this holding shall not affect the validity of the remaining portions of this chapter.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.11 - Reduced Cigarette Ignition Propensity and Firefighter Protection › Section 23-20.11-1. - Short title.

§ 23-20.11-1. Short title.
This act shall be known and may be cited as the “Reduced Cigarette Ignition Propensity and Firefighter Protection Act.”
History of Section.
P.L. 2007, ch. 245, § 1; P.L. 2007, ch. 333, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.11 - Reduced Cigarette Ignition Propensity and Firefighter Protection › Section 23-20.11-2. - Legislative findings.

§ 23-20.11-2. Legislative findings.
It is hereby found and declared as follows:
(1)
The general assembly finds that cigarettes are one of the leading causes of fire deaths in this state and in the nation. Each year 700-900 people are killed in the United States due to cigarette fires; 3,000 are injured in fires ignited by cigarettes. A high proportion of the victims of cigarette fires are nonsmokers, including senior citizens and young children. Cigarette-caused fires result in billions of dollars of property losses and damage in the United States and millions of dollars in this state. Cigarette fires unnecessarily jeopardize firefighters and result in avoidable emergency response costs for municipalities.
(2)
The general assembly further finds that the state of New York has enacted a cigarette fire safety regulation effective June 28, 2004 that requires that cigarettes sold in that state meet the fire safety performance standards. In 2005, the states of Vermont and California signed into law cigarette fire safety acts that directly incorporate New York’s regulation into statute; and in 2006, the states of Illinois, New Hampshire, and Massachusetts did the same. Canada implemented the New York State fire safety standard as of October 2005, becoming the first nation to have a cigarette fire safety standard.
(3)
The general assembly finds that New York State’s cigarette fire safety standard is based upon decades of research by the National Institute of Standards and Technology, Congressional research groups and private industry.
(4)
It is the general assembly’s intent that the state of Rhode Island adopt the cigarette fire safety standard that is in effect in New York State, and the other states listed above, to reduce the likelihood that cigarettes will cause fires and result in deaths, injuries and property damage. It is further the legislature’s intent to adopt such a cigarette fire safety standard with a minimum of cost to the state and with minimum burden to cigarette manufacturers, distributors and retail sellers as set forth herein.
History of Section.
P.L. 2007, ch. 245, § 1; P.L. 2007, ch. 333, § 1; P.L. 2008, ch. 475, § 64.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.11 - Reduced Cigarette Ignition Propensity and Firefighter Protection › Section 23-20.11-6. - Package markings.

§ 23-20.11-6. Package markings.
(a)
Cigarettes that are certified by a manufacturer in accordance with § 23-20.11-5 shall be marked to indicate compliance with the requirements of § 23-20.11-4. Such marking shall be in eight (8) point font type or larger and consist of:
(1)
Modification of the product UPC Code to indicate a visible mark printed at or around the area of the UPC Code. Such mark may consist of alphanumeric or symbolic character(s) permanently stamped, engraved, embossed or printed in conjunction with the UPC; or
(2)
Any visible combination of alphanumeric or symbolic character(s) permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(3)
Printed, stamped, engraved or embossed text that indicates that the cigarettes meet the standards of this section.
(b)
A manufacturer must use only one marking, and must apply this marking uniformly for all packages (including, but not limited to, packs, cartons, and cases) and brands marketed by that manufacturer.
(c)
The director must be notified as to the marking that is selected.
(d)
Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the director for approval. Upon receipt of the request, the director shall approve or disapprove the marking offered, except that the director shall approve any marking in use and approved for sale in this state pursuant to the New York Fire Safety Standards for Cigarettes. Proposed markings shall be deemed approved if the director fails to act with ten (10) business days of receiving a request for approval.
(e)
No manufacturer shall modify its approved marking unless the modification has been approved by the director in accordance with this section.
(f)
Manufacturers certifying cigarettes in accordance with § 23-20.11-5 shall provide a copy of such certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the director, the department of taxation, the attorney general, their employees, or other law enforcement personnel, to inspect markings of cigarette packaging marked in accordance with this section.
History of Section.
P.L. 2007, ch. 245, § 1; P.L. 2007, ch. 333, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.11 - Reduced Cigarette Ignition Propensity and Firefighter Protection › Section 23-20.11-8. - Fire prevention and public safety fund.

§ 23-20.11-8. Fire prevention and public safety fund.
There is hereby established in the custody of the state comptroller a special fund to be known as the “Fire Prevention and Public Safety Fund.” The fund shall consist of all monies recovered as penalties hereunder. Monies shall be deposited to the credit of the fund and shall, in addition to any other monies made available for such purpose, be available to the director to support fire safety and prevention programs. All payments from the fund shall be made on the audit and warrant of the state treasurer on vouchers certified and submitted by the director.
History of Section.
P.L. 2007, ch. 245, § 1; P.L. 2007, ch. 333, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.11 - Reduced Cigarette Ignition Propensity and Firefighter Protection › Section 23-20.11-9. - Effect of federal regulation.

§ 23-20.11-9. Effect of federal regulation.
This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.
History of Section.
P.L. 2007, ch. 245, § 1; P.L. 2007, ch. 333, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.11 - Reduced Cigarette Ignition Propensity and Firefighter Protection › Section 23-20.11-10. - Local regulation.

§ 23-20.11-10. Local regulation.
Notwithstanding any other provision of law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this act or with any policy of this state expressed by this act, whether that policy be expressed by inclusion of a provision in the act or by exclusion of that subject from the act.
History of Section.
P.L. 2007, ch. 245, § 1; P.L. 2007, ch. 333, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.12 - Food Allergy Awareness in Food-Service Establishments › Section 23-20.12-1. - Definitions.

§ 23-20.12-1. Definitions.
When used in this chapter, the following words shall have the following meanings:
(1)
“Director” means the director of health or his or her duly appointed agents.
(2)
“Food service establishment” shall have the meaning set forth in § 21-27-1(11).
(3)
“Quick service restaurant” means any food service establishment that delivers food through a drive-thru window.
History of Section.
P.L. 2012, ch. 408, § 1; P.L. 2012, ch. 414, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.12 - Food Allergy Awareness in Food-Service Establishments › Section 23-20.12-2. - Department of Health — Establishment of Food Allergy Awareness Program.

§ 23-20.12-2. Department of Health — Establishment of Food Allergy Awareness Program.
The director of health shall establish a food allergy awareness program which shall require that every food-service establishment shall: (1) Have prominently displayed a poster approved by the director relative to food allergy awareness in the staff area. The poster shall provide, but not be limited to, information regarding the risk of an allergic reaction and shall be developed by the department of health in consultation with the Rhode Island hospitality association, the food allergy and anaphylaxis-network and at least one representative from a quick service restaurant; (2) Include on all menus a notice to customers of the customer’s obligation to inform the server about any food allergies. The director shall develop and approve the language of the notice in consultation with the Rhode Island hospitality association, the food allergy and anaphylaxis-network and at least one representative from a quick service restaurant; and (3) Designate a manager who shall be knowledgeable with regard to the relevant issues concerning food allergies as they relate to food preparation. The director shall prepare and provide both written and video materials for mandatory review by persons designated as managers of any food-service establishment, or the persons designated as managers shall be certified by a food protection manager certification program that is evaluated and listed by a conference for food protection-recognized accrediting agency as conforming to the conference for food protection standards for accreditation of food protection manager certification programs. The department of health shall include knowledge of food allergy issues as part of the certification procedure for managers in food safety pursuant to chapter 27 of title 21.
History of Section.
P.L. 2012, ch. 408, § 1; P.L. 2012, ch. 414, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.12 - Food Allergy Awareness in Food-Service Establishments › Section 23-20.12-3. - Rules and regulations.

§ 23-20.12-3. Rules and regulations.
The director shall adopt rules and regulations relating to the administration and enforcement of this chapter.
History of Section.
P.L. 2012, ch. 408, § 1; P.L. 2012, ch. 414, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.12 - Food Allergy Awareness in Food-Service Establishments › Section 23-20.12-4. - “Food Allergy Friendly” designation.

§ 23-20.12-4. “Food Allergy Friendly” designation.
The director shall develop a program for food-service establishments to be designated as “Food Allergy Friendly” and shall maintain a listing of food-service establishments receiving such designation on the department of health’s website. Participation in the program shall be voluntary and the director shall, in consultation with the Rhode Island hospitality association and the food allergy and anaphylaxis-network, issue guidelines and requirements for food-service establishments to receive such designation, provided that such requirements shall include, but not be limited to, maintaining on the premises, and making available to the public, a master list of all the ingredients used in the preparation of each food item available for consumption.
History of Section.
P.L. 2012, ch. 408, § 1; P.L. 2012, ch. 414, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-20.12 - Food Allergy Awareness in Food-Service Establishments › Section 23-20.12-5. - Enforcement.

§ 23-20.12-5. Enforcement.
The director of health, or the director’s authorized agents, shall enforce the provisions of this chapter.
History of Section.
P.L. 2012, ch. 408, § 1; P.L. 2012, ch. 414, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21 - Licensing of Recreational Facilities › Section 23-21-1. - Definitions.

§ 23-21-1. Definitions.
As used in this chapter, the following terms shall, where the context permits, be construed as follows:
(1)
“Department” means the department of health.
(2)
“Director” means the director of health or his or her duly appointed agents.
(3)
“Person” means any individual, firm, copartnership, association, or private or municipal corporation.
(4)
“Recreation facility or use” includes, but is not limited to, hotels, motels, motor courts or inns, tourist cabin establishments, camping areas, amusement places, bathing beaches, mobile recreational vehicle facilities, and parks.
History of Section.
P.L. 1931, ch. 1749, § 2; G.L. 1938, ch. 266, § 2; G.L. 1938, ch. 266, § 1; P.L. 1950, ch. 2543, § 1; P.L. 1952, ch. 3016, § 1; G.L. 1956, § 23-21-1; P.L. 1962, ch. 95, § 1; P.L. 1978, ch. 348, § 1; P.L. 1982, ch. 81, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21 - Licensing of Recreational Facilities › Section 23-21-2. - License required — Issuance and expiration of license.

§ 23-21-2. License required — Issuance and expiration of license.
No person shall maintain within this state any recreation facility or use until that person shall have obtained a license for a facility or use from the department. The director, upon receipt of an application for a recreation facility or use shall cause the facility or use to be inspected and, if the facility or use is found to comply with the provisions of this chapter and the regulations adopted in accordance with the provisions of this chapter, shall issue a license upon receipt of a fee as set forth in § 23-1-54. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the license renewal date shall be set by the department of health. The license period shall be for twelve (12) months, commencing on the license renewal date, unless sooner suspended or revoked for violation of the provisions of this chapter or the regulations adopted in accordance with this chapter, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date.
History of Section.
P.L. 1931, ch. 1749, § 3; G.L. 1938, ch. 266, § 3; G.L. 1938, ch. 266, § 2; P.L. 1950, ch. 2543, § 1; G.L. 1956, § 23-21-2; P.L. 1960, ch. 76, § 22; P.L. 1978, ch. 348, § 1; P.L. 1990, ch. 65, art. 71, § 1; P.L. 1993, ch. 94, § 1; P.L. 2001, ch. 77, art. 15, § 8; P.L. 2007, ch. 73, art. 39, § 42; P.L. 2012, ch. 241, art. 9, § 45.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21 - Licensing of Recreational Facilities › Section 23-21-3. - Suspension or revocation of license.

§ 23-21-3. Suspension or revocation of license.
The director may suspend or revoke any license for violation of the provisions of this chapter or the regulations pursuant to this chapter. All action pursuant to this section shall be in accordance with the provisions of the Administrative Procedures Act, chapter 35 of title 42.
History of Section.
P.L. 1931, ch. 1749, § 4; G.L. 1938, ch. 266, § 4; G.L. 1938, ch. 266, § 3; P.L. 1950, ch. 2543, § 1; G.L. 1956, § 23-21-3; P.L. 1978, ch. 348, § 1; P.L. 1982, ch. 81, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21 - Licensing of Recreational Facilities › Section 23-21-4. - Regulations.

§ 23-21-4. Regulations.
The director may adopt any regulations relating to environmental sanitation and food service in recreational facilities or uses as he or she may deem necessary; provided, that in the case of all recreational facilities or uses subject to this chapter, the department’s authority shall be limited to environmental sanitation and food service.
History of Section.
G.L. 1938, ch. 266, § 4; P.L. 1950, ch. 2543, § 1; G.L. 1956, § 23-21-4; P.L. 1978, ch. 348, § 1; P.L. 1982, ch. 81, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21 - Licensing of Recreational Facilities › Section 23-21-4.1. - Provisions for water.

§ 23-21-4.1. Provisions for water.
The director shall require quality water and adequate water pressure to each mobile home located on a mobile home site and to each trailer located at a trailer park in the state; however, the provisions of this section shall not apply to campgrounds or wilderness that are used on a seasonal basis only.
History of Section.
P.L. 1984, ch. 192, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21 - Licensing of Recreational Facilities › Section 23-21-5. - Enforcement.

§ 23-21-5. Enforcement.
It shall be the duty of the director to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violation of this chapter or regulations adopted in accordance with it and/or suspend and/or revoke their licenses. In all these prosecutions, the director shall not be required to enter into any recognizances or to give surety for costs.
History of Section.
P.L. 1935, ch. 2250, § 110; G.L. 1938, ch. 266, § 7; G.L. 1938, ch. 266, § 5; P.L. 1950, ch. 2543, § 1; G.L. 1956, § 23-21-5; P.L. 1978, ch. 348, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21 - Licensing of Recreational Facilities › Section 23-21-6. - Obstruction of access to premises.

§ 23-21-6. Obstruction of access to premises.
No person shall interfere with or obstruct the entrance of the director to any structure, vessel, vehicle, or other premises or use in the discharge of the director’s official duties in connection with the enforcement of this chapter or the regulations adopted in accordance with this chapter.
History of Section.
P.L. 1931, ch. 1749, § 4; G.L. 1938, ch. 266, § 4; G.L. 1938, ch. 266, § 6; P.L. 1950, ch. 2543, § 1; G.L. 1956, § 23-21-6; P.L. 1978, ch. 348, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21 - Licensing of Recreational Facilities › Section 23-21-7. - Places exempt from chapter.

§ 23-21-7. Places exempt from chapter.
The provisions of this chapter shall not apply to any recreation facility and/or use maintained by an individual for the sole use of the individual’s immediate family and private guests, or to any campground used by any of the military forces of the state or of the United States, or to any swimming pool licensed under the authority of chapter 22 of this title. No license fee shall be required by the department of health for any facility, owned and operated by the state, by any municipality, or by any nonprofit organization.
History of Section.
P.L. 1931, ch. 1749, § 5; G.L. 1938, ch. 266, § 5; G.L. 1938, ch. 266, § 7; P.L. 1950, ch. 2543, § 1; G.L. 1956, § 23-21-7; P.L. 1978, ch. 348, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21 - Licensing of Recreational Facilities › Section 23-21-8. - Penalties for violations.

§ 23-21-8. Penalties for violations.
Any person who shall be guilty of violating any of the provisions of this chapter or the regulations adopted in accordance with this chapter may for the first offense be punished by a fine not exceeding one hundred dollars ($100) or be imprisoned for a term not exceeding three (3) months; for the second offense may be punished by a fine not exceeding two hundred dollars ($200) or be imprisoned for a term not exceeding six (6) months; and for a third or subsequent offense may be punished by a fine not exceeding five hundred dollars ($500) or be imprisoned for a term not exceeding one year or by both this fine and imprisonment, or have its license suspended or revoked.
History of Section.
P.L. 1931, ch. 1749, § 4; G.L. 1938, ch. 266, § 4; G.L. 1938, ch. 266, § 8; P.L. 1950, ch. 2543, § 1; G.L. 1956, § 23-21-8; P.L. 1978, ch. 348, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21.1 - Sanitation Standards for Bathing Beaches › Section 23-21.1-1. - Definitions.

§ 23-21.1-1. Definitions.
For the purposes of this chapter, the following definitions apply:
(1)
“Bathing beach” shall mean any area or tract of land, which is used in connection with swimming and/or bathing in any waters of the state except that land contiguous to the Atlantic Ocean provided:
(i)
It is open to the public with or without permit and/or payment of a fee;
(ii)
It is maintained as a private club or association requiring membership fees or dues; or
(iii)
It is maintained with or without charge for the recreation of groups of ten (10) or more children.
(2)
“Bathing water” shall mean fresh, salt, or estuarine water adjacent to any bathing beach within the state, except the Atlantic Ocean.
(3)
“Department” shall mean the Rhode Island Department of Health.
(4)
“Director” shall mean the director of health or his or her duly appointed agents.
History of Section.
P.L. 2004, ch. 352, § 1; P.L. 2008, ch. 475, § 65.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21.1 - Sanitation Standards for Bathing Beaches › Section 23-21.1-2. - Licensing.

§ 23-21.1-2. Licensing.
No person shall maintain within this state any bathing beach until that person shall have obtained a license therefore from the department to operate a recreational facility consistent with chapter 21 of this title.
History of Section.
P.L. 2004, ch. 352, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21.1 - Sanitation Standards for Bathing Beaches › Section 23-21.1-3. - Enforcement.

§ 23-21.1-3. Enforcement.
The department shall enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and prosecute all persons guilty of violation of this chapter or regulations adopted in accordance with it and/or suspend and/or revoke their licenses. In all these prosecutions, the director, shall not be required to enter into any recognizances or to give surety for costs.
History of Section.
P.L. 2004, ch. 352, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21.1 - Sanitation Standards for Bathing Beaches › Section 23-21.1-4. - Obstruction of access to premises.

§ 23-21.1-4. Obstruction of access to premises.
No person shall interfere with or obstruct the entrance of the director to any structure, vessel, vehicle, or other premises or use in the discharge of the director’s official duties in connection with the enforcement of this chapter or the regulations adopted in accordance therewith.
History of Section.
P.L. 2004, ch. 352, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21.1 - Sanitation Standards for Bathing Beaches › Section 23-21.1-5. - Rules and regulations.

§ 23-21.1-5. Rules and regulations.
The department is hereby authorized and empowered to adopt and prescribe rules and regulations and from time to time amend, change, and/or repeal such rules and regulations and make such orders and perform such actions as are necessary to carry out the provisions of this chapter.
History of Section.
P.L. 2004, ch. 352, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21.1 - Sanitation Standards for Bathing Beaches › Section 23-21.1-6. - Standards.

§ 23-21.1-6. Standards.
(a)
The department shall adopt minimum sanitation standards for pathogens and/or pathogen indicators present in the bathing water, consistent with §§ 23-1-17 and 23-1-18, in order to protect the public from illnesses associated with swimming in contaminated bathing waters. This may include standards for:
(b)
Pathogens and/or pathogen indicators including, but not limited to, total coliform, fecal coliform, and enterococci.
History of Section.
P.L. 2004, ch. 352, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21.1 - Sanitation Standards for Bathing Beaches › Section 23-21.1-7. - Bathing water monitoring/management.

§ 23-21.1-7. Bathing water monitoring/management.
To minimize the human health risk associated with swimming in contaminated bathing waters; the department shall require all bathing beach operators to test bathing waters adjacent to their bathing beach for pathogens and/or pathogen indicators established under this chapter and authorized regulations, to ensure those waters meet minimum sanitation standards for water quality at bathing beaches. Furthermore, the department shall incorporate the following minimum provisions:
(1)
The owner of a bathing beach shall be required to pay for the costs of sampling, analysis and monitoring of bathing waters adjacent to such facilities at a laboratory approved by the department. Said laboratory shall immediately notify by fax or email the department and the beach owner of all bathing water sample results.
(2)
The department shall determine at which sites to conduct testing and the number of samples required to be taken at bathing beaches. The bathing beach sampler shall record site conditions at the time of sampling, as required by the department, such as number of bathers and waterfowl and other conditions that may affect bathing water quality. The department shall consider, but shall not be limited to, the following factors in determining at which site to conduct testing and monitoring of bathing water:
(i)
Prior testing results for such bathing waters;
(ii)
The length of coastline to be tested and monitored;
(iii)
The number of people who use the bathing beach annually; and
(iv)
Whether the beach is located adjacent to a storm water drain; sewage, industrial, commercial or agricultural wastewater discharge; or other source of contamination such as marinas or waterfowl.
(3)
The department shall determine at what frequency to conduct sampling, analysis, and monitoring of bathing waters. Sampling, analysis, and monitoring shall begin two (2) weeks prior to the bathing season for each bathing beach and continue until the bathing beach closes for the season. Sampling, analysis, and monitoring shall be conducted on a minimum weekly basis during the bathing season, and at such times and under such conditions as shall be sufficient to protect public health and safety. The department may grant a variance from the weekly testing requirement for a bathing beach only where there is a documented history of satisfactory sample results and no known sources of pollution that may jeopardize public health.
(4)
Each bathing beach operator shall be responsible for operating the beach in a manner designed to protect public health and safety. Feeding of waterfowl at the beach shall be prohibited and the beach shall be left clean at night in order to not attract waterfowl and other animals.
History of Section.
P.L. 2004, ch. 352, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21.1 - Sanitation Standards for Bathing Beaches › Section 23-21.1-8. - Beach closings/openings.

§ 23-21.1-8. Beach closings/openings.
The department shall order closed, any bathing beach where it is established that the following or other conditions pose an imminent threat to public health. The bathing beach shall remain closed until the department determines the bathing water no longer poses an unacceptable risk to public health or safety. A bathing beach may be closed for, but not limited to, the following:
(1)
A violation of minimum water quality standards at a designated bathing beach;
(2)
The presence of sewage sludge deposits or solid refuse;
(3)
Floating solid, grease or scum wastes; or
(4)
Oil or other hazardous material.
History of Section.
P.L. 2004, ch. 352, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-21.1 - Sanitation Standards for Bathing Beaches › Section 23-21.1-9. - Exemptions.

§ 23-21.1-9. Exemptions.
Beaches that do not meet standards for licensure are exempt from the requirements of this chapter. Exempt beaches include rights of way, public access points, and beaches for which there is no charge for use with a daily user population of fewer than fifty (50) bathers. Beaches currently licensed are not exempt from these requirements.
History of Section.
P.L. 2004, ch. 352, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-22 - Licensing of Swimming Pools › Section 23-22-1. - Definitions.

§ 23-22-1. Definitions.
(a)
“Person” as used in this chapter includes any partnership, association, corporation, city, or town.
(b)
“Swimming pool,” as used in this chapter, includes all swimming pools, wading pools, and therapeutic pools owned or maintained by any person, partnership, association, corporation, city, or town, or the state, except swimming pools maintained by an individual for the sole use of the individual’s household and guests without charge for admission 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 or maintained by the United States. The term “swimming pools” wherever the context requires shall be construed to include the apparatus, structure, and equipment pertaining to the swimming pool, the premises on which the swimming pool is located, and the premises appurtenant to this.
History of Section.
P.L. 1928, ch. 1198, § 1; G.L. 1938, ch. 267, § 1; G.L. 1956, § 23-22-1; P.L. 1962, ch. 11, § 1; P.L. 1986, ch. 161, § 1; P.L. 2008, ch. 475, § 66.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-22 - Licensing of Swimming Pools › Section 23-22-2. - Rules and regulations.

§ 23-22-2. Rules and regulations.
The department of health shall make any rules and regulations, not inconsistent with this chapter, that it may deem advisable with reference to the design, equipment, condition, and maintenance of swimming pools for the purpose of insuring the health and safety of its users, and with reference to the submission of samples of water to the department for the purpose of the analysis as required in this chapter. The department may also make any rules and regulations, not inconsistent with this chapter, as it may deem advisable, requiring and regulating the display of the licenses provided for in § 23-22-7, and as to any and all matters pertaining to the administration of this chapter, and may from time to time rescind, modify, and amend the rules and regulations made by it pursuant to this section. The department shall upon request furnish to any person owning or maintaining a swimming pool or applying for a license to maintain a swimming pool a copy of the rules and regulations made by it pursuant to this section.
History of Section.
P.L. 1928, ch. 1198, § 2; G.L. 1938, ch. 267, § 2; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 23-22-2; P.L. 1962, ch. 11, § 1; P.L. 1982, ch. 80, § 1; P.L. 1986, ch. 161, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-22 - Licensing of Swimming Pools › Section 23-22-3. - Periodic inspection of pools.

§ 23-22-3. Periodic inspection of pools.
The department of health shall at least once each year, and at shorter intervals as it may deem advisable, cause inspections to be made to ascertain whether each swimming pool is being maintained in compliance with the rules and regulations of the department of health. First inspections of swimming pools open for use shall be made within thirty (30) days after the receipt of an application for a license for that swimming pool.
History of Section.
P.L. 1928, ch. 1198, § 3; G.L. 1938, ch. 267, § 3; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 23-22-3; P.L. 2001, ch. 86, § 8.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-22 - Licensing of Swimming Pools › Section 23-22-4. - Chemical and bacteriological analyses of water.

§ 23-22-4. Chemical and bacteriological analyses of water.
The department of health shall cause to be made chemical and bacteriological analyses of samples of water from each swimming pool and shall report its findings to the person maintaining that swimming pool and shall state in that report whether or not the condition of the water is detrimental to the health and safety of the users of the swimming pool. The first analyses of samples of water from a newly opened swimming pool shall be made within thirty (30) days after the receipt of an application for a license for that swimming pool.
History of Section.
P.L. 1928, ch. 1198, § 4; G.L. 1938, ch. 267, § 4; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 23-22-4; P.L. 1962, ch. 11, § 1; P.L. 1982, ch. 80, § 1; P.L. 1986, ch. 161, § 1.