Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 4 - Licensing Aquatic Venues › Section 216-RICR-50-05-4.2 - Definitions

Current through June 14, 2024
A. The following
				  definitions shall apply in the interpretation and application of this Part:
1. "Americans with Disabilities Act" or "ADA"
				  means the Americans with Disabilities Act of 1990 and subsequent amendments
				  thereto.
2. "Authority having
				  jurisdiction" or "AHJ" is synonymous with "Licensing Agency."
3. "Applicant" means an individual or
				  business entity with the legal authority to apply for licensure of an Aquatic
				  Venue.
4. "Aquatic facility" is
				  comprised of one (1) or more Aquatic Venues.
5. "Aquatic venue" means a traditional
				  swimming pool, non-traditional pool, wading pool, therapeutic pool, hot tub or
				  spa.
6. "Barrier" means an obstacle
				  intended to prevent direct access from one (1) point to another.
7. "Cleansing shower" means a shower, located
				  within a hygiene facility, using warm water and soap. The purpose of a
				  cleansing shower is to remove contaminants including perianal fecal material,
				  sweat, skin cells, personal care products, and dirt before bathers enter the
				  Aquatic Venue.
8. "Director" means
				  the Director of the Rhode Island Department of Health or his or her
				  designee.
9. "Enclosure" means an
				  uninterrupted constructed feature or obstacle used to surround and secure an
				  area that is intended to deter or effectively prevent unpermitted,
				  uncontrolled, and unfettered access.
10. "Hygiene facility" means a structure or
				  part of a structure that contains toilet, shower, diaper-changing unit, hand
				  wash station, and dressing capabilities serving bathers and patrons at an
				  aquatic facility.
11. "Hygiene
				  fixtures" means all components necessary for hygiene facilities including
				  plumbing fixtures, diaper-changing stations, hand wash stations, trashcans,
				  soap dispensers, paper towel dispensers or hand dryers, and toilet paper
				  dispensers.
12. "Imminent health
				  hazard" means a significant threat or danger to health that is considered to
				  exist when there is evidence sufficient to show that a product, practice,
				  circumstance, or event creates a situation that requires immediate correction
				  or cessation of operation to prevent injury based on the number of potential
				  injuries and the nature, severity, and duration of the anticipated injury or
				  illness.
13. "Increased risk
				  aquatic venue" means an aquatic venue which due to its intrinsic
				  characteristics and intended users has a greater likelihood of affecting the
				  health of the bathers of that venue by being at increased risk for microbial
				  contamination (e.g., by children less than five (5) years old) or being used by
				  people that may be more susceptible to infection (e.g., therapy patients with
				  open wounds).
14. "Infinity edge"
				  means a pool wall structure and adjacent perimeter deck that is designed in
				  such a way where the top of the pool wall and adjacent deck are not visible
				  from certain vantage points in the pool or from the opposite side of the pool.
				  Water from the pool flows over the edge and is captured and treated for reuse
				  through the normal pool filtration system. They are also referred to as
				  "vanishing edges," negative edges, or "zero edges."
15. "In-kind replacement" means replacement
				  equipment identical to that which was originally approved by the Licensing
				  Agency when the Aquatic Facility or Aquatic Venue was constructed or during a
				  subsequent alteration.
16.
				  "Licensee" means any person who holds a license issued by the Licensing Agency
				  pursuant to these Regulations and applicable statutes.
17. "Licensing agency" means the Rhode Island
				  Department of Health.
18.
				  "Like-kind replacement" is synonymous with "in-kind replacement."
19. "Model Aquatic Health Code" or "MAHC"
				  means the 2016 Model Aquatic Health Code, 2nd
				  Edition (July 2016), U.S. Department of Health and Human Services, Centers for
				  Disease Control and Prevention.
20.
				  "Non-substantial alteration" means the alteration, modification, or renovation
				  of an Aquatic Venue where the total cost of the work is ten percent (10%) or
				  less than the replacement cost of the Aquatic Venue and does not result in a
				  change in water treatment or hydraulics.
21. "Operator" means Licensee or the
				  Licensee's designee responsible for the operation and maintenance of the water
				  and air quality systems and the associated infrastructure of the Aquatic
				  Facility or Aquatic Venue.
22.
				  "Oocyst" means the thick-walled, environmentally resistant structure released
				  in the feces of infected animals that serves to transfer the infectious stages
				  of sporozoan parasites (e.g., Cryptosporidium) to new hosts.
23. "Person" includes any partnership,
				  association, corporation, city or town.
24. "Potable water source" means a Public
				  Water System licensed by the Rhode Island Department of Health.
25. "ppm" means parts per million.
26. "Professional engineer" means an
				  individual who is licensed as a professional engineer by the Rhode Island Board
				  of Registration for Professional Engineers.
27. "Public water system" means water systems
				  including licensed community water systems, non-transient/non-community water
				  systems, or transient non-community water systems, as licensed by the Rhode
				  Island Department of Health.
28.
				  "Recirculation system" means the combination of the main drains, gutter or
				  skimmer system, inlets, piping, pumps, controls, surge tank, balance tank and
				  components that provide water recirculation to and from the Aquatic Venue and
				  the treatment system.
29. "Rinse
				  shower" means a shower typically located in the pool deck area with ambient
				  temperature water.
30. "Secondary
				  disinfection systems" means those disinfection processes or systems that are
				  required for Increased Risk Aquatic Venues and are used in addition to
				  disinfection systems that impart either a chlorine or bromine disinfectant
				  residual.
31. "Substantial
				  alteration" means the alteration, modification, or renovation of an Aquatic
				  Venue where the total cost of the work exceeds ten percent (10%) of the
				  replacement cost of the Aquatic Venue or results in a change in water treatment
				  or hydraulics.
32. "Supplemental
				  treatment systems" means those disinfection processes or systems that are not
				  required for an Aquatic Venue for health and safety reasons. If approved by the
				  Licensing Agency, they may be used to enhance overall system performance and
				  improve water quality.
33.
				  "Swimming pool" as broadly defined in R.I. Gen. Laws §
											23-22-1,
				  includes the following sub-classifications:
a.
				  "Traditional swimming pool" means a watertight structure of concrete, masonry,
				  or other approved materials located either indoors or outdoors, used for
				  bathing or swimming and filled with a filtered and disinfected water supply,
				  together with buildings, appurtenances and equipment used in connection
				  therewith, excluding "water slides" and/or "recreational water
				  parks."
b. "Non-traditional pool"
				  means a watertight structure of concrete, masonry, or other approved materials
				  located either indoors or outdoors, filled with a filtered and disinfected
				  water supply and allowing for total or partial bather immersion, together with
				  buildings, appurtenances and equipment used in connection therewith.
				  Non-traditional pools include lazy rivers, landing pools, wave pools, surf
				  pools, and other special purpose pools holding a filtered and disinfected water
				  supply for total or partial bather immersion.
c. "Hot tub" is synonymous with
				  "Spa."
d. "Spa" means any
				  watertight structure having a maximum depth of forty-eight inches (48") (1.2
				  meters), filled with a filtered and disinfected water supply, either mineral or
				  nonmineral in nature, utilizing hot, cold or ambient temperature water that is
				  not emptied after each individual use, used in conjunction with high velocity
				  water recirculation systems, together with buildings, appurtenances and
				  equipment used in connection therewith.
e. "Therapeutic pool" is synonymous with
				  "Spa."
f. "Wading pool" means a
				  watertight structure of concrete, masonry, or other approved materials located
				  either indoors or outdoors, used for bathing or swimming, filled with a
				  filtered and disinfected water supply, which includes a range in water depth
				  from two feet (2') down to zero (0) for wading, together with buildings,
				  appurtenances and equipment used in connection therewith.