reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23 - Air Pollution › Section 23-23-23. - Temporary pay reductions prohibited.

§ 23-23-23. Temporary pay reductions prohibited.
No owner or operator of any source which uses a supplemental or intermittent air pollution control system or device for the purpose of meeting the requirements of an order entered by the director pursuant to § 23-23-8 or 23-23-15 of this chapter, shall, temporarily, reduce the pay of any employee by reason of the use of that supplemental or intermittent or other dispersion dependent air pollution control system or device.
History of Section.
P.L. 1980, ch. 24, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23 - Air Pollution › Section 23-23-28. - Auxiliary monitors.

§ 23-23-28. Auxiliary monitors.
Any town or city may appoint an air pollution auxiliary monitor from among its full time employees provided that the employee must possess the education and experience required of the state, division of personnel class title “environmental quality technician”. The auxiliary monitor shall not be entitled to any additional compensation from the state. The auxiliary monitor may have other duties as the town or city deems necessary. Upon appointment, the auxiliary monitor shall be trained by the department of environmental management in recognizing, analyzing, and describing air pollution. Upon satisfactory completion of a required course of study, the auxiliary monitor shall be empowered to investigate complaints of air pollution within his or her town or city on behalf of the town or city and to present testimony or evidence regarding them to the department of environmental management in support of regulatory actions authorized under this chapter. That testimony or evidence shall be considered expert by the department of environmental management.
History of Section.
P.L. 1985, ch. 489, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23 - Air Pollution › Section 23-23-29.1. - Findings of fact.

§ 23-23-29.1. Findings of fact.
The general assembly hereby finds as follows:
(1)
Motor vehicle exhaust is the largest source of air pollution in Rhode Island, and idling vehicles emit higher concentrations of harmful pollutants than moving vehicles;
(2)
Vehicle exhaust is hazardous to human health. Studies have linked pollution from vehicles to increased rates of cancer, lung and heart disease, asthma and allergies, urban smog and climate change;
(3)
Fine particulate matter in diesel exhaust is particularly harmful to children and seniors. Tiny particles can lodge deep within human lungs, where they can trigger asthma attacks and stunt lung growth in children, and contribute to chronic obstructive pulmonary disorder and heart attacks in seniors;
(4)
Asthma is reaching epidemic proportions in Rhode Island. More than one hundred thousand (100,000) people in Rhode Island have been diagnosed with asthma, including one out of every ten (10) children. Asthma is the most common chronic disease in children and responsible for the most school absences in Rhode Island;
(5)
Vehicle idling waste money. On average, an idling truck burns one gallon of fuel per hour. A locomotive or other heavy duty engine may burn anywhere from three (3) to eleven (11) gallons per hour;
(6)
Excessive idling creates the need for more frequent oil and oil filter changes, and speeds engine wear, reducing the amount of time before an engine needs to be rebuilt;
(7)
Even on the coldest winter days, modern engines need no more than five (5) minutes to warm up; and
(8)
To date, other states including Connecticut and Massachusetts have passed laws that limit the amount of time vehicles are permitted to idle.
History of Section.
P.L. 2006, ch. 557, § 1; P.L. 2008, ch. 475, § 67.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23 - Air Pollution › Section 23-23-29.2. - Diesel motor vehicle engine idling.

§ 23-23-29.2. Diesel motor vehicle engine idling.
On or before July 1, 2007, the department shall adopt rules governing diesel engine idling to restrict the unnecessary operation of diesel motor vehicle engines. The rules shall be generally consistent with similar restrictions established by law or regulation in Massachusetts and Connecticut and shall provide that no person shall cause, allow or permit the unnecessary operation of the engine of a diesel motor vehicle while said vehicle is stopped for a period of time in excess of five (5) consecutive minutes in any sixty (60) minute period. Unnecessary operation of a diesel motor vehicle shall not include such periods and circumstances as the department, may determine as reasonably requiring that the engine remain idling, which periods may include, but not be limited to, periods when it is necessary for a vehicle to remain motionless due to traffic conditions or at the direction of a law enforcement official; when it is necessary to operate defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passengers or to operate auxiliary equipment; when it is necessary to bring the engine to the manufacturer’s recommended operating temperature or when the engine is undergoing maintenance or inspection. The requirements of this section shall not apply to police, fire, rescue, ambulance and other public safety vehicles, military vehicles, armored vehicles that are being loaded or unloaded or are waiting to be loaded or unloaded, non-road vehicles, including farm vehicles, locomotives, aircraft, marine vessels, stationary diesel engines or auxiliary power units, or vehicles making deliveries of fuel or energy products.
History of Section.
P.L. 2006, ch. 557, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23 - Air Pollution › Section 23-23-29.3. - Non-road diesel engine idling.

§ 23-23-29.3. Non-road diesel engine idling.
On or before July 1, 2007, the department shall adopt rules governing diesel engine idling to restrict the unnecessary operation of non-road diesel engines. So far as is reasonably feasible, the rules shall provide that no entity shall cause, suffer, allow or permit the unnecessary idling of a non-road diesel engine. Non-road diesel engines to be considered in this rulemaking shall include, but may not be limited to, construction engines, airport ground support equipment, commercial and industrial equipment. Unnecessary idling shall not include such periods and circumstances as the department may determine as reasonably requiring that the engine remain idling, which periods may include, but not be limited to, when airfield maintenance vehicles are being used on a state-owned or operated airport. This provision shall not extend to any diesel powered engine and/or vehicle that must continuously operate while stationary in order to function properly, a vehicle making deliveries of fuel or energy products, or to insure workplace safety.
History of Section.
P.L. 2006, ch. 557, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23 - Air Pollution › Section 23-23-29.4. - Sources of diesel pollution.

§ 23-23-29.4. Sources of diesel pollution.
On or before January 1, 2007, the department shall identify sources of diesel pollution in Rhode Island and strategies for reducing pollution from identified sources and report the findings to the governor and general assembly.
History of Section.
P.L. 2006, ch. 557, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23 - Air Pollution › Section 23-23-29.5. - Enforcement.

§ 23-23-29.5. Enforcement.
The responsibility and jurisdiction for enforcement of §§ 23-23-29.1 — 23-23-29.4 shall be with state and local law enforcement authorities, including, but not limited to, state and local police and parking enforcement personnel, the Rhode Island department of environmental management and the Rhode Island division of motor vehicles.
History of Section.
P.L. 2006, ch. 557, § 1; P.L. 2009, ch. 310, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23 - Air Pollution › Section 23-23-30. - Stage II vapor recovery systems.

§ 23-23-30. Stage II vapor recovery systems.
(a)
For the purposes of this section, “stage II vapor collection and control system” means a system which collects gasoline vapors displaced from motor vehicle gasoline tanks during refueling and which routes the vapors to a stationary storage tank.
(b)
Notwithstanding the provisions of § 23-23-5:
(1)
A motor vehicle fuel dispensing facility shall be exempt from the department’s stage II system requirements if it begins operation after the effective date of this section; and
(2)
Upon department verification and approval, a motor vehicle fuel dispensing facility shall be exempt from the department’s stage II system requirements if excavation of one or more underground gasoline storage tanks is required in order to install or repair a below-ground component of the stage II vapor collection and control system or the facility replaces fifty percent (50%) or more of its gasoline dispensers after the effective date of this subsection.
History of Section.
P.L. 2012, ch. 160, § 1; P.L. 2012, ch. 246, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23 - Air Pollution › Section 23-23-31. - Dust control at extractive industries.

§ 23-23-31. Dust control at extractive industries.
This section applies to all extractive industries, as that term is defined in § 45-24-31(25), that are located within one thousand five hundred feet (1,500′) of any occupied dwelling structure from the location of the piles of material defined in § 23-23-3(8).
(1)
Manufactured, unwashed sand shall not be stockpiled except in a manner that prevents fugitive dust from traveling beyond the property line of the extractive industry by use of water sprays.
(2)
In determining compliance with this provision, the director may consider one or more of the following factors:
(i)
Moisture content of the stone dust piles;
(ii)
Atmospheric humidity;
(iii)
Wind direction and velocity;
(iv)
Rainfall;
(v)
Observations of fugitive dust;
(vi)
Location of the stone dust piles; and
(vii)
Any other factors that may cause fugitive dust to travel beyond the property line of the extractive industry.
(3)
The director may approve the use of alternatives to water spray, if water is not available or its use is not practical, including, but not limited to, crusting agents or enclosures; provided that such alternatives prevent fugitive dust from traveling beyond the property line of the extractive industry.
History of Section.
P.L. 2015, ch. 272, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-1. - Short title.

§ 23-23.1-1. Short title.
This chapter shall be known and may be cited as the “Air Pollution Episode Control Act”.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-1; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-2. - Declaration of policy.

§ 23-23.1-2. Declaration of policy.
The legislature finds and declares that air pollution may, at certain times and in certain places, so seriously affect the health, safety, and welfare of the people and resources of this state and so directly threaten the lives of large portions of the population as to warrant the provision of emergency powers as provided for in this chapter to prevent or minimize disasters of unforeseeable proportions.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-2; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-3. - Definitions.

§ 23-23.1-3. Definitions.
As used in this chapter, the following terms shall, where context permits, be construed as follows:
(1)
“Air contaminant” means soot, cinders, ashes, any dust, fumes, gas, mist, smoke, vapor, odor, toxic, or radioactive material, particulate matter, or any combination of these.
(2)
“Air pollution” means presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities, which either alone or in connection with other emissions, by reason of their concentration and duration may be injurious to human, plant or animal life, or cause damage to property or which unreasonably interfere with the enjoyment of life and property.
(3)
“Air pollution episode” means the condition of an air pollution alert, an air pollution warning, or an air pollution emergency, and these conditions shall be deemed to exist whenever the director of environmental management determines that the accumulation of air contaminants in any area or place in the state is attaining or has attained levels which could, if those levels are sustained or exceeded, lead to a threat to the health of the public.
(4)
“Area” means not only that portion or portions of the state as shall be described in the air pollution episode declaration of the governor, but also to any other portion or portions of the state where activities are carried on which contribute or may contribute to the air pollution episode in the portion or portions of the state described in the governor’s declaration.
(5)
“Director” means the director of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter.
(6)
“Person” means any individual, trust, firm, joint stock company, corporation (including a quasi-governmental corporation), partnership, association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency, or any subdivision, commission, department, bureau, agency, or department of state or federal government (including quasi-government corporation), or any interstate body.
History of Section.
P.L. 1971, ch. 137, § 1; G.L. 1956, § 23-25.1-3; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-23.1-3; P.L. 1980, ch. 24, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-4. - Powers and duties of the director.

§ 23-23.1-4. Powers and duties of the director.
In addition to the other powers and duties granted in this chapter, the director shall have and may exercise the following powers and duties:
(1)
To make, issue, and amend rules and regulations consistent with the provisions of this chapter.
(2)
To require prior submission and approval of standby plans from persons responsible for the operation of a source of air contaminants. The standby plans shall be consistent with good industrial practice and safe operating procedure for reducing or eliminating emissions of air contaminants into the outdoor atmosphere and shall be put into effect upon the issuance of the appropriate order by the governor.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-4; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-5. - Proclamation of episode and issuance of orders.

§ 23-23.1-5. Proclamation of episode and issuance of orders.
If the director determines at any time that air pollution, in any place or area in the state, constitutes an unreasonable and emergency risk to the health of those present within that area of the state, that determination shall be communicated in writing, with the factual findings on which the determination is based, to the governor. Upon being so advised, the governor may by proclamation declare, as to all or any part of the area mentioned in the determination, that an air pollution episode exists, and upon making the declaration the governor shall have the following powers which he or she may exercise in whole or in part by the issuance of an order or orders:
(1)
To prohibit, restrict, or condition motor vehicle travel of every kind, including trucks and buses, in the area;
(2)
To prohibit, restrict, or condition the operation of retail, commercial, manufacturing, industrial, or similar activity in the area;
(3)
To prohibit, restrict, or condition operation of incinerators in the area;
(4)
To prohibit, restrict, or condition the burning or other consumption of any type of fuel in the area;
(5)
To prohibit, restrict, or condition the burning of any materials in open fires in the area;
(6)
To prohibit, restrict, or condition any and all other activity in the area which contributes or may contribute to the air pollution emergency.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-5; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-6. - Publication of proclamation.

§ 23-23.1-6. Publication of proclamation.
The declaration by proclamation of the governor of an air pollution episode and any order issued by the governor pursuant to that declaration shall be given maximum publicity throughout the state.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-6; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-7. - Amendment of orders.

§ 23-23.1-7. Amendment of orders.
Any gubernatorial order may be amended or modified by further gubernatorial orders. That order or orders shall not require any judicial or other order or confirmation of any type in order to become immediately effective as the legal obligation of all persons, firms, corporations, and other entities within the state. The order shall remain in effect for the duration of time set forth in it, and if no time limit is specified in the order, it shall remain in effect until the governor declares by further proclamation that the emergency has terminated.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-7; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-8. - Enforcement of orders.

§ 23-23.1-8. Enforcement of orders.
(a)
The orders of the governor shall be enforced by the department of environmental management, the state council of defense, state and local police, and air pollution enforcement personnel forces. Those enforcing any governor’s order shall require no further authority or warrant in executing it than the issuance of the order itself. Those authorized to enforce those orders may use such reasonable force that is required in the enforcement of those orders, and may take such reasonable steps that are required to assure compliance with those orders including, but without limiting the generality of the previous statement, the following:
(1)
Entering any property or establishment, commercial, industrial, or residential, believed to be violating the order (excepting single or double family homes or any dwelling unit within a multiple dwelling unit larger than a double family home) and, if a request does not produce compliance, causing compliance with the order;
(2)
Stopping, detouring, rerouting, and prohibiting motor vehicle travel and traffic;
(3)
Disconnecting incinerator or other types of combustion facilities;
(4)
Terminating all burning activities;
(5)
Closing down or restricting the use of any business, commercial, retail, manufacturing, industrial, or other establishment.
(b)
Where any person authorized to enforce this order believes or suspects it is being violated in a single or double family residence or within the dwelling portion of a larger multiple dwelling unit, the residence or dwelling portion may be entered only upon obtaining a search warrant from any judge having power to issue one.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-8; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-9. - Penalty for violations.

§ 23-23.1-9. Penalty for violations.
Any person who violates any order of the governor or knowingly fails to comply with the directions of those authorized to enforce this chapter or knowingly interferes with the enforcement of the order or directions shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than ninety (90) days or by both fine and imprisonment, and every person shall be guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-9; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-10. - Hearings.

§ 23-23.1-10. Hearings.
Any aggrieved person, firm, or corporation or other entity upon application to the director shall be granted a public hearing on the question of whether or not the continuance of any order in whole or in part is unreasonable in the light of the then prevailing conditions of air pollution, the contribution to the air pollution of any particular activity, and the purposes of this chapter. The public hearing shall be conducted as quickly as possible by the director who shall give public notice of it. The director shall have the power to compel attendance, testimony, and the production of documents by the use of subpoena powers. The number of witnesses and the extent of testimony shall be within his or her control. If the director, upon conclusion of the hearing, determines that the order should be terminated, or modified in any way, he or she shall report the findings and recommendations to the governor for any action that he or she deems appropriate.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-10; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.1 - Air Pollution Episode Control › Section 23-23.1-11. - Promulgation of standby orders.

§ 23-23.1-11. Promulgation of standby orders.
The director shall promulgate a set of proposed standby orders which might be appropriate for use by the governor upon declaration of the episode contemplated by this chapter. The standby control proposals, when approved by the governor, shall be distributed to the appropriate agencies and to all commercial and industrial concerns throughout this state concerned with enforcement or impact of this chapter and notice of their contents shall be given to the public. The director shall promulgate arrangements for the enforcement of the standby orders and, upon approval by the governor, notice of the arrangements shall also be distributed to the authorities, commercial and industrial concerns, and to the general public. The proposed standby orders and arrangements shall not, however, become operative except when directed by the governor in any order issued by him or her pursuant to a declaration of episode under this chapter.
History of Section.
P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-11; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-1. - Prohibition in cities and towns.

§ 23-23.5-1. Prohibition in cities and towns.
When any building or premises in any city or town in this state is or are occupied or used for carrying on the business of slaughtering cattle, sheep, or other animals, or for a melting or rendering establishment, or for other noxious or offensive trades, occupations, or employments, the city or town council, after appointing a time and place for a hearing, and after giving notice of the hearing to all persons interested, by public advertisement or otherwise, and after the notice and hearing, if in its judgment the public welfare and convenience so require, may prohibit by its order or decree the exercise of the trade, occupation, or employment in that building and on those premises, indefinitely, or for any period of time that it shall find that the public welfare and convenience shall require.
History of Section.
G.L. 1896, ch. 93, § 1; G.L. 1909, ch. 109, § 1; G.L. 1923, ch. 122, § 1; G.L. 1938, ch. 600, § 1; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 23-24-1; P.L. 1967, ch. 59, § 1; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-2. - Enforcement of order of prohibition.

§ 23-23.5-2. Enforcement of order of prohibition.
A copy of the order or decree of prohibition under § 23-23.5-1 shall be served by the city or town sergeant upon the occupant or person having charge of that building and premises where the trade, employment, or occupation is exercised. If the party upon whom the order is served, for twenty-four (24) hours after that service, refuses or neglects to obey the order or decree, the city or town council may take all necessary measures to prevent this exercise, and any person continuing to occupy or use the building and premises shall forfeit the sum of two hundred dollars ($200) for every month of the occupancy and use, and in the same proportion for a longer or shorter time, to be recovered by the city or town treasurer in an action of the case.
History of Section.
G.L. 1896, ch. 93, § 2; G.L. 1909, ch. 109, § 2; G.L. 1923, ch. 122, § 2; G.L. 1938, ch. 600, § 2; G.L. 1956, § 23-24-2; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-3. - Appeal from order of prohibition — Jury trial.

§ 23-23.5-3. Appeal from order of prohibition — Jury trial.
Any person aggrieved by the order or decree of the city or town council under § 23-23.5-1 may, within three (3) days from the service upon him or her, appeal to the superior court for the county where the city or town is situated, by filing his or her reasons of appeal, together with an attested copy of the whole proceedings appealed from, in the clerk’s office of that court, and the court shall immediately hear the appeal; and either party to the proceedings may have a trial by jury of all questions of fact, by filing with the clerk of the court a demand for a trial by jury at least two (2) days before the day assigned for the hearing. In case of a jury demand, if the court shall not be in session for the purpose of jury trials, the clerk shall immediately issue a writ of venire facias directed to the sheriff of the county or his or her deputy, requiring him or her to summon twelve (12) jurors, being good and lawful citizens of the county, to try the issue; and if there shall not be a sufficient number of jurors attending in pursuance of the writ from which a jury may be impaneled, the court shall direct the issuing of other writs of venire facias to complete a jury. If any aggrieved person shall, by reason of accident, misfortune, or mistake, fail to appeal from this order or decree, and shall make it appear to the court that the failure was caused by accident or mistake, he or she may at any time within thirty (30) days from the service of the copy of the order or decree upon him or her appeal from the order or decree, and prosecute it with the same effect as if done within three (3) days.
History of Section.
G.L. 1896, ch. 93, § 3; C.P.A. 1905, § 1115; G.L. 1909, ch. 109, § 3; G.L. 1923, ch. 122, § 3; G.L. 1938, ch. 600, § 3; G.L. 1956, § 23-24-3; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-4. - Discontinuance of trade pending appeal.

§ 23-23.5-4. Discontinuance of trade pending appeal.
During the pendency of the appeal under § 23-23.5-3 the trade, occupation, or employment shall not be exercised contrary to the order or decree; and upon any violation of the order or decree, the appeal shall immediately be dismissed.
History of Section.
G.L. 1896, ch. 93, § 4; G.L. 1909, ch. 109, § 4; G.L. 1923, ch. 122, § 4; G.L. 1938, ch. 600, § 4; G.L. 1956, § 23-24-4; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-5. - Judgment of court — Costs and damages.

§ 23-23.5-5. Judgment of court — Costs and damages.
The court, upon the trial of an appeal under § 23-23.5-3, shall give judgment, agreeable to law and in accordance with the fact as found, that the order or decree be affirmed or annulled, or the court may alter or modify the order or decree, or upon a jury trial the jury may alter or modify the order or decree, and upon modification the verdict and judgment shall have the authority and effect of an original order from which no appeal had been taken. If the order or decree is affirmed, altered, or modified, the city or town shall recover its costs against the appellant; if it is annulled, damages by reason of obeying the order or decree of the city or town council may be recovered by the appellant against the city or town, in any court of competent jurisdiction, in a civil action.
History of Section.
G.L. 1896, ch. 93, § 5; C.P.A. 1905, § 1230; G.L. 1909, ch. 109, § 5; G.L. 1923, ch. 122, § 5; G.L. 1938, ch. 600, § 5; G.L. 1956, § 23-24-5; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-6. - City or town designation of place for slaughterhouse.

§ 23-23.5-6. City or town designation of place for slaughterhouse.
The city or town councils of the several cities or towns may designate and establish the place or places where, subject to the provisions of chapter 27 of title 21, the business of slaughtering cattle and other animals shall be carried on, and vest in the occupant or owner a right to use and occupy that place, for the purposes of slaughtering cattle and other animals, until the right is withdrawn or suspended in the manner provided in § 23-23.5-7, or until that use and occupancy is abated as a public nuisance.
History of Section.
G.L. 1896, ch. 91, § 8; G.L. 1909, ch. 107, § 8; G.L. 1923, ch. 119, § 8; G.L. 1938, ch. 601, § 8; G.L. 1956, § 23-24-6; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-7. - Withdrawal by city or town of right to slaughter.

§ 23-23.5-7. Withdrawal by city or town of right to slaughter.
Whenever, in the judgment of the city or town council of any city or town, the welfare and convenience of the city or town requires the withdrawal or suspension of the right of slaughtering provided for in § 23-23.5-6, the city or town council may withdraw or suspend that right, first giving to the owner or occupant of the place or places two (2) months notice in writing of its intention to withdraw or suspend that right.
History of Section.
G.L. 1896, ch. 91, § 9; G.L. 1909, ch. 107, § 9; G.L. 1923, ch. 119, § 9; G.L. 1938, ch. 601, § 9; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 23-24-7; P.L. 1967, ch. 59, § 1; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-8. - Penalty for continuation of business after notice to cease.

§ 23-23.5-8. Penalty for continuation of business after notice to cease.
Every person who shall, after notice given as provided in § 23-23.5-7, commence or continue to carry on the business of slaughtering cattle or other animals in the place or places, shall be fined fifty dollars ($50.00) for every day during which he or she shall continue to carry on that business.
History of Section.
G.L. 1896, ch. 91, § 10; G.L. 1909, ch. 107, § 10; G.L. 1923, ch. 119, § 10; G.L. 1938, ch. 601, § 10; G.L. 1956, § 23-24-8; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-9. - Liability of city or town for suspension or withdrawal of right.

§ 23-23.5-9. Liability of city or town for suspension or withdrawal of right.
In case of suspension or withdrawal by any city or town council of the right to slaughter cattle or other animals, the city or town shall be liable to the person to whom the right has been granted for any loss or damage resulting from the suspension or withdrawal, to be recovered by action of the case.
History of Section.
G.L. 1896, ch. 91, § 11; G.L. 1909, ch. 107, § 11; G.L. 1923, ch. 119, § 11; G.L. 1938, ch. 601, § 11; G.L. 1956, § 23-24-9; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-10. - Applicability of provisions to trades disturbing public welfare and convenience.

§ 23-23.5-10. Applicability of provisions to trades disturbing public welfare and convenience.
The provisions of §§ 23-23.5-6 — 23-23.5-9 shall extend to the place of any manufacture of, or of working in, any article or substance the manufacture of which shall disturb the public welfare and convenience; provided, that prior to any action of the city or town council under this section, public notice of the pendency of any petition for that action shall be given in any mode and for any time as the council shall prescribe.
History of Section.
G.L. 1896, ch. 91, § 19; G.L. 1909, ch. 107, § 19; G.L. 1923, ch. 119, § 19; G.L. 1938, ch. 601, § 18; G.L. 1956, § 23-24-10; P.L. 1967, ch. 59, § 1; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-11. - Penalty for carrying on business in place not authorized.

§ 23-23.5-11. Penalty for carrying on business in place not authorized.
Whenever the city or town council of any city or town shall have designated and established in the city or town a place in which the business of boiling bones, depositing filth, keeping swine, or slaughtering cattle or other animals, may be carried on, as provided in this chapter, every person who shall carry on that business in any other place shall be fined fifty dollars ($50.00) for each day on which he or she shall carry on that business.
History of Section.
G.L. 1896, ch. 91, § 12; G.L. 1909, ch. 107, § 12; G.L. 1923, ch. 119, § 12; G.L. 1938, ch. 601, § 12; G.L. 1956, § 23-24-11; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-12. - Expressing oil from fish.

§ 23-23.5-12. Expressing oil from fish.
No person shall carry on the business of expressing oil from fish within any city or town, except in a place as shall be designated by the city or town council; provided, that any city or town council may at any time withdraw that designation, and that no city or town shall be held liable for any injury resulting to any person from that business carried on in any place as designated, nor shall any city or town be liable to the person to whom the right has been granted for any loss or damage resulting from the suspension or withdrawal of the right to carry on that business by the city or town at any time. Every person violating the provisions of this section shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
History of Section.
G.L. 1896, ch. 91, §§ 16, 17; G.L. 1909, ch. 107, §§ 16, 17; G.L. 1923, ch. 119, §§ 16, 17; G.L. 1938, ch. 601, §§ 15, 16; G.L. 1956, § 23-24-12; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.5 - Noxious Trades › Section 23-23.5-13. - Suit to restrain unlawful trades.

§ 23-23.5-13. Suit to restrain unlawful trades.
In addition to the remedies existing at common law and under this chapter, the city or town council of any city or town may bring suit to restrain the unauthorized occupancy or use of any building or premises which are occupied or used for any trades or occupation provided for by this chapter.
History of Section.
G.L. 1896, ch. 91, § 23; P.L. 1908, ch. 1524, § 1; G.L. 1909, ch. 107, § 23; G.L. 1923, ch. 119, § 23; G.L. 1938, ch. 601, § 22; G.L. 1956, § 23-24-13; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-1. - Findings.

§ 23-23.6-1. Findings.
The general assembly recognizes that carbon monoxide is an odorless, colorless, and tasteless gas that can be harmful or fatal if not properly controlled. Ice resurfacing machines and other equipment with internal combustion engines, such as heaters, emit carbon monoxide. The general assembly recognizes that these emissions can result in ice arena carbon monoxide concentrations which can endanger coaches, children, referees, and other personnel on the ice and can endanger spectators who have underlying heart disease or other conditions that sensitize them to carbon monoxide. The general assembly finds that there is a need to protect human health and prevent exposure to elevated concentrations of carbon monoxide and other harmful gases in ice arenas.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-2. - Definitions.

§ 23-23.6-2. Definitions.
For purposes of this chapter:
(1)
“Department” means the department of health.
(2)
“Director” means the director of health, or his or her designee.
(3)
“Ice arena” means any building with a roof and partially or fully enclosed sides which contains an ice rink.
(4)
“Operator” means the person designated by the owner as responsible for the day to day operation of the ice arena.
(5)
“Owner” means the person having legal title to property and/or buildings. For purposes of publicly owned property only, the owner shall be defined to be the chief executive officer of the state or municipal agency which owns, leases or controls the use of the property.
(6)
“Person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, and other state or political subdivision or agency, and the legal successor, representative, agent, or agency of the foregoing.
(7)
“Resurfacing machine” means any internal combustion engine-powered machine used for modifying the ice rink surface.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-3. - Authority of the director.

§ 23-23.6-3. Authority of the director.
The director is authorized to:
(1)
Take all measures necessary to implement the provisions of this chapter, including, but not limited to:
(i)
Receive and administer funding allocated for indoor air control programs by the state, agencies of the federal government and other appropriate funding sources;
(ii)
Require the owner of an ice arena to perform any tests of air quality that he or she may determine to be necessary to characterize the exposure of ice arena occupants to carbon monoxide and other harmful gases;
(iii)
Institute a public information program with the purpose of informing the public regarding health effects of carbon monoxide and other harmful gases in ice arenas, the necessity for testing air quality in ice arenas, the recommended practices for reducing elevated levels of carbon monoxide and other harmful gases in ice arenas, and related issues.
(2)
Issue any rules and regulations that may be necessary to implement the provisions of this chapter, including, but not limited to:
(i)
Establish air quality standards for carbon monoxide and other harmful gases in ice arenas;
(ii)
Establish criteria for certification of acceptable air quality in ice arenas;
(iii)
Establish criteria for sampling of carbon monoxide and other harmful gases in ice arenas;
(iv)
Require owners/operators of ice arenas to conduct appropriate monitoring for carbon monoxide and other harmful gases.
(3)
In promulgating standards and regulations authorized by this chapter, the director shall give due consideration to recommendations, standards and definitions of other states and the United States.
(4)
The director may assess fees for certificates of acceptable air quality issued in accordance with regulations promulgated pursuant to the authority conferred by this section. The director is authorized to assess fees for air quality inspections of ice arenas in accordance with regulations promulgated pursuant to the authority conferred by this section, provided that these fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-4. - Air quality standard for ice arenas.

§ 23-23.6-4. Air quality standard for ice arenas.
(a)
The owner/operator of an ice arena must maintain acceptable air quality conditions. These conditions shall include, as a minimum, a one hour average air concentration of not more than thirty-five (35) parts of carbon monoxide per one million (1,000,000) parts of air by volume (PPM).
(b)
A single reading greater than or equal to two hundred (200) PPM of carbon monoxide or a one hour average that is greater than or equal to one hundred (100) PPM of carbon monoxide in the ice arena constitutes a substantial risk to health and shall require the immediate evacuation of all persons from the ice rink surface and adjacent areas. The director shall be immediately notified by telephone of this action and the ice arena may not reopen until authorized by the director.
(c)
A one hour average in excess of thirty-five (35) PPM of carbon monoxide and less than one hundred (100) PPM of carbon monoxide in the ice arena shall require immediate corrective action. Corrective action shall not be deemed adequate until subsequent measurements of air quality conditions confirm that carbon monoxide levels in the ice arena are below thirty-five (35) PPM.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-5. - Certificate of acceptable air quality required.

§ 23-23.6-5. Certificate of acceptable air quality required.
(a)
No person shall own or operate an ice arena in which a resurfacing machine is used without a certificate of acceptable air quality issued by the director. The certificate must be displayed in a conspicuous place in the ice arena.
(b)
For cause, and for violation of the provisions of this chapter, or regulations promulgated pursuant to the authority conferred by this chapter, the director may suspend, modify, or revoke a certificate of acceptable air quality.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-6. - Air quality inspections.

§ 23-23.6-6. Air quality inspections.
The director is authorized to inspect, at a reasonable time and without prior notice, ice arena air quality and/or to respond to a complaint of an elevated level of carbon monoxide or other harmful gas in an ice arena. Any person refusing entry to a designated inspector or obstructing an inspection ordered by the director shall immediately have his or her certificate of acceptable air quality revoked by the director. The ice arena shall remain closed until any time that the director has determined that the facility is in compliance with the provisions of both this chapter and any regulations promulgated pursuant to the authority conferred by this chapter.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-7. - Compliance procedure.

§ 23-23.6-7. Compliance procedure.
Except as otherwise provided in this chapter, the inspection, enforcement, and penalties for violations of the provisions of this chapter, or regulations promulgated pursuant to the authority conferred by 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. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-8. - Variances.

§ 23-23.6-8. Variances.
The director may grant any variances from the regulations adopted pursuant to this chapter as he or she may deem appropriate or necessary provided that he or she determines that the granting of the variances will not result in a reduction in the public health or safety.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-9. - Establishment of restricted receipt account.

§ 23-23.6-9. Establishment of restricted receipt account.
All fees collected by the director in accordance with this chapter, or in accordance with regulations promulgated pursuant to the authority conferred by this chapter, shall be placed into a restricted receipt account to support the personnel costs, operating costs and capital expenditure necessary to carry out the provisions of this chapter; provided, however, that any fees charged shall be in addition to and not substituted for funds appropriated for the department by the state or federal government.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-10. - Interpretation and severability.

§ 23-23.6-10. 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 or a limitation of, the provisions of any other law. If any provisions or part of this chapter or its application to any person or circumstances is held unconstitutional or otherwise invalid, the remainder of the chapter and the application of its provisions to any other persons or circumstances other than those to which it is held invalid shall not be affected by the invalidity.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.6 - Air Quality in Ice Arenas › Section 23-23.6-11. - Exemptions.

§ 23-23.6-11. Exemptions.
Any and all 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 and the provisions of §§ 45-13-7 — 45-13-10 shall not apply to this chapter.
History of Section.
P.L. 1992, ch. 312, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.7 - Biodiesel Products › Section 23-23.7-1. - Short title.

§ 23-23.7-1. Short title.
This chapter shall be known and may be cited as the “Biodiesel Heating Oil Act of 2013.”
History of Section.
P.L. 2013, ch. 150, § 1; P.L. 2013, ch. 221, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-23.7 - Biodiesel Products › Section 23-23.7-2. - Statement of intent and purpose.

§ 23-23.7-2. Statement of intent and purpose.
The intent and purpose of this chapter is to encourage the production of biofuels in the state of Rhode Island, to help create jobs in the emerging biofuel industry, to improve air quality, to reduce Rhode Island greenhouse gas emissions, to promote the installation and use of more efficient heating equipment and to promote more energy independence by requiring heating oil sold in the state of Rhode Island to contain biodiesel-blended heating oil.
History of Section.
P.L. 2013, ch. 150, § 1; P.L. 2013, ch. 221, § 1.