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-50-05-4.5 - Supplemental Regulations for Facility Design and Construction Requirements for All Aquatic Facilities and Aquatic Venues

Current through June 14, 2024
4.5.1
General
A. Model Aquatic Health
				  Code references to "design professional who is registered or licensed to
				  practice their respective design profession" shall mean a Professional Engineer
				  with an active Rhode Island registration. (Restriction on MAHC § 4.0
				 )
B. Recirculation of unfiltered
				  and/or untreated water is prohibited. (Restriction on MAHC §
				  4.7.1.10.2.1)
C. Aquatic Venues
				  with infinity edges shall satisfy the enclosure requirements of § 4.5.14
				  of this Part and shall provide for a permanent, fixed safety barrier not less
				  than five feet (5') in height at the infinity edge to protect against falls
				  from the infinity edge. (Restriction on MAHC § 4.5.15)
D. Food and/or beverage concessions shall be
				  permitted in designated area(s) within the Aquatic Facility provided that the
				  concession structures, service area, seating, patron circulation and related
				  activities are separated from the Aquatic Venue by a permanent, fixed barrier
				  that does not encroach on the Aquatic Venue's perimeter walkway. (Restriction
				  on MAHC § 4.6.9.1)
E. The
				  Applicant shall coordinate review with all other agencies from which the
				  Applicant is required to obtain approval. The Applicant shall provide copies to
				  the Licensing Agency of permits issued by other agencies if the Licensing
				  Agency so requests. (Restriction on § MAHC 4.1.3.1.2)
F. The Applicant shall communicate Licensing
				  Agency approvals to other agencies involved in the construction of an Aquatic
				  Facility or Aquatic Venue. (Restriction on MAHC § 4.1.3.1.3)
G. In cases where the Aquatic Facility or
				  Aquatic Venue is exempt from Americans with Disabilities Act standards, the
				  owner shall provide written documentation to the Licensing Agency attesting to
				  such exemption at the time of application for construction or substantial
				  alteration to an Aquatic Facility or Aquatic Venue. (Restriction on MAHC §
				  4.5.10)
H. The Licensing Agency or
				  a Professional Engineer hired by the Applicant or Licensee at the Applicant's
				  or Licensee's expense, shall conduct a conformance inspection of newly
				  constructed Aquatic Facilities and Aquatic Venues, and substantially altered
				  Aquatic Facilities and Aquatic Venues, upon completion of construction or
				  renovation.
1. If the Applicant or Licensee
				  uses the Licensing Agency to conduct the conformance inspection, the Licensing
				  Agency shall not issue a license to operate until the Applicant or Licensee has
				  corrected, to the satisfaction of the Licensing Agency, all deficiencies
				  identified during the inspection. (Restriction on MAHC § 4.1.5.3
				 )
2. If the applicant or licensee
				  uses a Professional Engineer for a conformance inspection, then the
				  Professional Engineer conducting the conformance inspection must sign an
				  attestation that the Aquatic Venue owner has constructed the Aquatic Venue in
				  accordance with the Aquatic Venue Design Compliance Form, including all
				  applicable State and Federal laws and Regulations. The Applicant or Licensee
				  must correct, to the satisfaction of the Professional Engineer, all
				  deficiencies identified during the inspection.
3. The Applicant or Licensee must submit an
				  application, including the Professional Engineer's attestation, on forms
				  provided by the Licensing Agency, in order to obtain a license or approval of
				  modification of a license.