reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 2 - Radon Control › Section 216-RICR-50-15-2.9 - Requirements for Radon Testing Businesses

Current through June 14, 2024
2.9.1
Certification Requirements
In addition to the general licensing requirements in §
										2.7   of this Part, all
					 applicants for a radon testing business certification must identify the
					 certified radon inspector(s) to be utilized.
2.9.2
Performance Requirements
A. In addition to the general requirements
				  for all applicants, as listed in §
											2.7   of this Part, the owners
				  of a radon testing business must:
1. Maintain
				  the services of a certified radon inspector. In the event of the resignation or
				  termination of said consultant, the business must notify the Department in
				  writing within seven (7) days and refrain from engaging in any radon testing
				  activities until obtaining the services of another certified radon
				  inspector.
2. Ensure that all radon
				  and radon progeny testing, including the placement and retrieval of all testing
				  devices, is performed by certified radon inspectors.
3. Develop and adhere to a quality assurance
				  and quality control plan for each service and technique provided.
4. Use only radon testing methods and
				  protocols that have been determined acceptable by the EPA's National Radon
				  Measurement Proficiency Program and the RIDOH. The Department must be notified
				  in five (5) business days of any change in the type of device being
				  used.
5. Identify all analytical
				  services to be used. These services must be listed by this agency as a radon
				  analytical service for the testing device(s) analyzed.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 2 - Radon Control › Section 216-RICR-50-15-2.10 - Requirements for Radon Supervisors

Current through June 14, 2024
2.10.1
Licensing and Training Requirements
A. In addition to the general requirements
				  for all applicants, as listed in §
											2.7   of this Part, the
				  applicant for the position of radon supervisor must:
1. Successfully complete a course that is
				  approved by the EPA and the Department.
2. License renewal applications must also
				  include documentation regarding successful completion of a required biennial
				  review course that is approved by the Department.
3. Provide documentation of passing the EPA
				  radon mitigation proficiency (RCP) examination.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 2 - Radon Control › Section 216-RICR-50-15-2.11 - Requirements for Radon Inspectors

Current through June 14, 2024
2.11.1
Certification and Training Requirements
A. In addition to the general requirements
				  for all applicants, as listed in §
											2.7   of this Part, the
				  applicant for the position of radon inspector must:
1. Successfully complete a course that is
				  approved by the Department.
2.
				  Certification renewal applications must also include documentation regarding
				  successful completion of a required biennial review course that is approved by
				  the Department.
3. Provide
				  documentation of passing the EPA radon measurement proficiency (RMP)
				  examination.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 2 - Radon Control › Section 216-RICR-50-15-2.12 - Requirements for Radon Workers

Current through June 14, 2024
2.12.1
Licensing and Training Requirements
In addition to the general requirements for all applicants,
					 as listed in §
											2.7   of this Part, the
					 applicant for the position of radon worker must successfully complete a
					 Department-approved course for radon workers or other equivalent training (4
					 hours) given by a licensed supervisor which must include instruction on radon
					 testing, mitigation installation techniques, worker safety, and radon health
					 effects.
2.12.2
Performance Requirements
A.
				  Radon worker services must be performed under the on-site supervision of a
				  licensed supervisor.
B. The
				  applicant must also receive a biennial review of radon mitigation techniques
				  and instruction on new technology and industry practices given by the licensed
				  supervisor.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 2 - Radon Control › Section 216-RICR-50-15-2.13 - Requirements for Radon Analytical Services

Current through June 14, 2024
2.13.1
Certification Requirements
A. In
				  addition to the general requirements for all applicants, as listed in §
											2.7   of this Part, the
				  applicant for a radon analytical service must:
1. Provide documentation of successful
				  completion of the EPA Radon Measurement Proficiency Program (RMP) for each
				  primary testing device for which certification is desired.
2. Identify all personnel performing analysis
				  or readings.
3. Provide the
				  Department with a copy of the quality assurance and quality control procedures
				  for each radon testing method established by the applicant.
4. Provide evidence of licensure as an
				  analytical laboratory by the RIDOH in accordance with R.I. Gen. Laws Chapter
				  23-16.2 entitled "Laboratories" for the following methods:
a. Alpha Track Detectors
b. Charcoal Adsorption Devices
c. Charcoal Liquid Scintillation
				  Devices
d. Continuous Radon
				  Monitors
e. Electret Ion
				  Chambers
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 2 - Radon Control › Section 216-RICR-50-15-2.14 - Requirements for Radon Training Courses

Current through June 14, 2024
2.14.1
Certification Requirements
A. In
				  addition to the general requirements for all applicants, as listed in §
											2.7   of this Part, the
				  applicant for certification of a radon training course must:
1. Submit the application for a radon
				  training course to the Department for review at least forty-five (45) days
				  before the course is scheduled to begin.
2. Submit copies of the course curriculum,
				  training materials, and qualifications of the proposed instructors to the
				  Department.
3. Obtain certification
				  for each of the following courses that the applicant plans to offer:
a. Initial Radon Supervisor - 32
				  hours
b. Initial Radon Inspector -
				  16 hours
c. Initial Radon Worker - 4
				  hours
d. Radon Supervisor Biennial
				  Review - 8 hours
e. Radon Inspector
				  Biennial Review - 8 hours
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 3 - Lead Poisoning Prevention Compliance and Enforcement › Section 216-RICR-50-15-3.1 - Authority and Purpose

Current through June 14, 2024
3.1.1
Authority
A. These Regulations
				  are promulgated pursuant to the authority conferred under R.I. Gen. Laws
				  Chapter 23-1, 23-24.6, and 42-128.1, and  40 C.F.R Part 745  for the purpose of
				  establishing a comprehensive program to protect public health by reducing
				  exposure to environmental lead and preventing childhood lead
				  poisoning.
B. In 1999, the United
				  States Environmental Protection Agency (EPA) delegated authority to the
				  Department to enforce the provisions of the Federal Lead-Based Paint Program (
				   40 C.F.R. Part 745 ). In 2010, EPA delegated authority to the Department to
				  enforce the provisions of the Federal Lead Renovation, Repair, and Painting
				  Program (  40 C.F.R. Part 745  Subpart E).
C. The following Regulations also provide
				  procedures related to this Part:
1. Rules and
				  Regulations Pertaining to the Fee Structure for Licensing Laboratory and
				  Administrative Services provided by the Department of Health (Part 10-05-2 of
				  this Title);
2. Rules and
				  Regulations Pertaining to Reporting of Infectious, Environmental and
				  Occupational Diseases (Part 30-05-1 of this Title);
3. Rules and Regulations for Certifying
				  Analytical Laboratories (Part 60-05-5 of this Title);
4. Rules and Regulations for Clinical
				  Laboratories and Stations (Part 60-05-4 of this Title);
5. Rules and Regulations Pertaining to
				  Practices and Procedures Before the Department of Health (Part 10-05-4 of this
				  Title); and
6. Rules and
				  Regulations Relating to Equal Access to Justice (Part 10-05-3 of this
				  Title).
7. Lead Training,
				  Certification, and Licensing (Part 11 of this Subchapter)
8. Lead Inspections, Testing Methods and
				  Standards (Part 5 of this Subchapter)
9. Lead Safe Work Practices (Part 12 of this
				  Subchapter)
10. Rules and
				  Regulations Governing Lead Hazard Mitigation (860-RICR-00- 00-2).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 3 - Lead Poisoning Prevention Compliance and Enforcement › Section 216-RICR-50-15-3.2 - Applicability

Current through June 14, 2024
3.2.1
Regulated Persons
A. The following persons are subject to this
				  Part:
1. Medical Providers
a. Primary care physicians, pediatricians, or
				  other health care providers licensed in Rhode Island;
b. Primary care physicians, pediatricians, or
				  other health care providers of children residing in Rhode Island;
c. Rhode Island health care facilities,
				  including but not limited to, hospitals, clinics and health maintenance
				  organizations;
d. Health care
				  programs funded in whole or in part with State funds or administered by any
				  State agency and having child health components, including, but not limited to:
				  Special Supplemental Food Program for Women, Infants & Children (WIC);
				  Preventive Pediatric Services Program; Medicaid; General Public Assistance; and
				  RIte Care.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 3 - Lead Poisoning Prevention Compliance and Enforcement › Section 216-RICR-50-15-3.4 - Childhood Lead Poisoning Screening

Current through June 14, 2024
3.4.1 General
				  Requirements
A. Health care providers shall
				  ensure that childhood lead poisoning screening is conducted either by
				  venipuncture or by capillary blood lead sampling in accordance with the
				  following requirements:
1. Screening Schedule
				  Rhode Island children shall be screened for lead poisoning at least twice, at
				  least twelve (12) months apart, and before the age of thirty-six (36) months.
				  For additional information on screening for lead poisoning see the Screening
				  and Referral Guidelines on the Department's website.
2. Screening Samples
a. All blood lead screening and blood lead
				  confirmatory samples submitted to the Department's laboratory for analysis must
				  be accompanied by a completed laboratory requisition form, including all data
				  necessary for reimbursement by health insurers, and must be packaged in
				  accordance with procedures established by the Department's
				  laboratory.
b. All blood lead
				  screening samples must be submitted to the Department's laboratory for
				  analysis, unless the Department has approved the use of another
				  laboratory.
c. All results of blood
				  lead screening performed by any other laboratory must be reported to the
				  Department in an electronic format specified by the
				  Department.
3.
				  Confirmatory Samples
a. All blood lead
				  confirmatory samples must be sent to a clinical laboratory licensed by the
				  Department to perform routine chemistry analysis of blood.
b. All results of confirmatory blood lead
				  testing must be reported to the Department in an electronic format specified by
				  the Department.
4.
				  Samples Submitted to Department Laboratory
All blood lead screening and blood lead confirmatory
					 samples submitted to the Department's laboratory for analysis must be
					 accompanied by a completed laboratory requisition form, including all data
					 necessary for reimbursement by health insurers, and must be packaged in
					 accordance with procedures established by the Department's laboratory.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 3 - Lead Poisoning Prevention Compliance and Enforcement › Section 216-RICR-50-15-3.5 - Lead Disclosure

Current through June 14, 2024
3.5.1
EPA/HUD
				  Lead Disclosure Rule
The requirements in §
											3.5   of this Part are in
					 addition to, not in lieu of, Federal requirements for disclosure of lead-based
					 paint and/or environmental lead hazards in housing (  24 C.F.R. Part 35, Subpart A and  40 C.F.R. Part 745, Subpart F).
3.5.2
Records and Reports
A. Property owners shall maintain information
				  concerning the presence of lead based paint and/or environmental lead hazards
				  including, but not limited to, lead certificates and inspection reports for as
				  long as they own that property.
B.
				  The owner shall notify each agent about the existence of any such available
				  lead certificates and reports, including any certificates or reports which are
				  in the possession of the seller or lessor or which are reasonably
				  obtainable.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 3 - Lead Poisoning Prevention Compliance and Enforcement › Section 216-RICR-50-15-3.6 - Compliance and Enforcement

Current through June 14, 2024
3.6.1
Licenses
				  and Certifications
A. Denial of
				  Applications
1. Any person who neglects or
				  refuses to pay an administrative fine or penalty cannot obtain or renew any
				  Department-issued license or certification until all outstanding administrative
				  fines or penalties have been paid.
2. The Department may deny an application for
				  licensure or certification pursuant to this Part if the Department determines
				  that the applicant has not complied with or has not demonstrated the ability to
				  comply fully with all applicable requirements established by the Act and/or
				  this Part.
3. If the applicant
				  appeals the denial, a hearing will be scheduled in accordance with the
				  provisions of § 3.6.11 of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 3 - Lead Poisoning Prevention Compliance and Enforcement › Section 216-RICR-50-15-3.7 - Communications and Correspondence

Current through June 14, 2024
A. All inquiries and
				  correspondence should be directed to:
Rhode Island Department of Health Division of
								Environmental Health
Center for Healthy Homes and Environment
Three Capitol Hill, Room 206 Providence, RI
								02908-5097
Website:
https://health.ri.gov/
E-mail: doh.leadprogram@health.ri.gov
Information Line: (401) 222-5960, Phone (401)
								222-7796
Fax: (401) 222-2456, 222-7759
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 3 - Lead Poisoning Prevention Compliance and Enforcement › Section 216-RICR-50-15-3.8 - Interpretation and Severability

Current through June 14, 2024
The provisions of this Part 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 Regulation or law. If any provision
					 or part thereof of this Part or application thereof to any person or
					 circumstance is held unconstitutional or otherwise invalid, the remainder of
					 this Part and the application of such provisions to any other persons or
					 circumstances other than those to which it is held invalid shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §§
										23-1-17(a) 
					 and
					  23-1-18(6),
					 for the purpose of regulating the air quality in ice arenas to protect public
					 health.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.2 - Applicability

Current through June 14, 2024
The requirements of this Part apply to all owners and
					 operators of ice arenas in which internal combustion engine-powered ice
					 resurfacing machines, internal combustion engine-powered (e.g. gas-fired)
					 heaters and/or other devices which emit carbon monoxide and/or nitrogen dioxide
					 are used.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.3 - Definitions

Current through June 14, 2024
A. Whenever used in these rules and
				  regulations, the following terms shall be construed as follows:
1. "Department" means the Rhode Island
				  Department of Health.
2. "Director"
				  means the Director of the Rhode Island Department of Health or his/her
				  designee.
3. "Edger" means internal
				  combustion engine-powered equipment used to modify the perimeter of an ice
				  surface.
4. "Ice arena" means any
				  building with a roof and partially or fully enclosed sides which contains an
				  ice rink.
5. "Ice maintenance
				  machine" means an edger or a resurfacing machine.
6. "Operator" means the person designated by
				  the owner as responsible for the day to day operation of the ice
				  arena.
7. "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.
8. "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 thereof, and the legal
				  successor, representative, agent or agency of the foregoing.
9. "Resurfacing machine" means any internal
				  combustion engine-powered machine used for modifying the entire ice rink
				  surface.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.4 - Acceptable Indoor Air Quality

Current through June 14, 2024
The owner/operator of an ice arena must maintain acceptable
					 air quality conditions in the ice rink and in all other areas of the ice arena
					 that are accessible to the public at all times that the ice arena is open to
					 the public. Such conditions are defined as a one-hour average air concentration
					 of not more than thirty (30) parts per million (ppm) of carbon monoxide and a
					 one-hour average air concentration of not more than 0.5 ppm of nitrogen
					 dioxide.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.5 - Maintenance of Air Quality Conditions

Current through June 14, 2024
A. The
				  owner/operator of an ice arena shall use the following methods to maintain
				  acceptable air quality conditions:
1.
				  Mechanical adjustment (tuning) and maintenance of the internal combustion
				  engines of all ice maintenance machines, internal combustion heaters and other
				  devices which emit carbon monoxide and/or nitrogen dioxide, according to the
				  manufacturers' recommendations; and
2. Proper ventilation of the ice arena;
				  and/or
3. Another method approved
				  in writing by the Director.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.6 - Measurement of Air Quality Conditions

Current through June 14, 2024
A. The
				  owner/operator of an ice arena shall measure air quality conditions in the ice
				  rink according to the specifications in this section.
B. Air quality conditions shall be measured
				  as the concentration of carbon monoxide and, on and after July 1, 2018, as the
				  concentration of nitrogen dioxide.
C. Air quality conditions shall be measured
				  at least three times during each week that the arena is open to the public,
				  including at least two weekdays and at least one weekend day.
D. Measurements shall be taken at a time of
				  maximum frequency of use of the resurfacing machine, twenty (20) minutes after
				  resurfacing is completed.
E. If an
				  edger is operated in the ice arena, additional air quality measurements shall
				  be taken at least once per week:
1. Twenty
				  (20) minutes after edging is completed, if the arena building is open to the
				  public when edging occurs; or
2.
				  Before the public reoccupies the building, if the arena building is not open to
				  the public when edging occurs.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.7 - Failure to Maintain Air Quality

Current through June 14, 2024
4.7.1
Evacuation and Immediate Notification
Whenever any reading greater than or equal to 85 ppm of
					 carbon monoxide and/or any reading greater than or equal to two (2) ppm of
					 nitrogen dioxide is measured in the ice arena, all persons shall be immediately
					 evacuated from the ice rink surface and adjacent areas. The Director shall be
					 immediately notified by telephone of any such action and the ice arena may not
					 reopen until authorized by the Director.
4.7.2
Corrective Action
A. Whenever any reading in excess of thirty
				  (30) ppm of carbon monoxide and/or any reading in excess of 0.5 ppm of nitrogen
				  dioxide is measured in the ice arena, the owner or operator shall implement
				  immediate and long-term corrective actions, as specified in this section.
B. The owner or operator shall
				  immediately increase the ventilation rate in the skating rink area and suspend
				  operation of ice maintenance machines and other internal combustion
				  engine-powered equipment. These actions shall remain in place until follow-up
				  air quality measurements, taken as specified in §4.7.3 of this Part,
				  demonstrate that acceptable indoor air conditions have been restored.
C. As soon as reasonably
				  practical, the owner or operator shall identify the cause of the air quality
				  measurement that exceeded the levels specified in §4.7.2(A) of this Part,
				  and shall take corrective actions to prevent future exceedances. Such long-term
				  corrective actions may include, but are not limited to:
1. Increasing general ventilation rates
				  and/or installing local ventilation in problem areas which vent to the
				  outside;
2. Increasing the interval
				  between resurfacing operations;
3.
				  Decreasing the length of time that ice maintenance machines, including edgers,
				  are operated;
4. Warming up the
				  resurfacing machine outside the ice arena;
5. Adjusting (tuning up) or repairing ice
				  maintenance machines and other internal combustion engine-powered equipment
				  and, subsequently, adjusting, maintaining and operating that equipment
				  according to the manufacturer's instructions;
6. Replacing ice maintenance machines with
				  equipment having no or lower emissions;
7. Installing a vertical exhaust pipe that
				  vents above the highest point of the resurfacing machine; and
8. Installing a catalytic convertor, oxygen
				  sensor, or another device designed to reduce emissions from ice maintenance
				  machines.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.8 - Recordkeeping and Reporting

Current through June 14, 2024
4.8.1
Equipment Records
A. The
				  owner/operator of an ice arena shall maintain the following records at the
				  arena and shall make those records available to the Department upon request:
1. The following information for each ice
				  maintenance machine and any other equipment powered by an internal combustion
				  engine that is used in the ice arena:
a. Name
				  of equipment manufacturer;
b. Model
				  identifier and age of equipment;
c.
				  Fuel used to operate equipment;
d.
				  The date that each equipment readjustment (tuning) and other service occurs and
				  the nature of that service:
e. The
				  manufacturer, type and date of installation of any catalytic convertor, oxygen
				  sensor, or other device designed to reduce emissions;
f. The date that a vertical exhaust pipe or
				  other modification of the resurfacing machine occurs: and
g. The name, company and signature of the
				  person who performs the functions listed in §§4.8.1(A)(1)(d) through
				  (f) of this Part and documentation that the person performing that function has
				  received formal and/or on-the-job training relevant to the repair and
				  maintenance of the equipment serviced.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.9 - Communication and Notification

Current through June 14, 2024
4.9.1
Telephone Notifications
All telephone notifications to the Director that are
					 required in §
										4.7   of this Part should be
					 made by calling 401-222-5960, 24 hours a day.
4.9.2
Written Reports
All written reports to the Director that are required in
					 this Part should be sent to:
Rhode Island Department of Health
Healthy Homes and Environment
Three Capitol Hill, Room 206
Providence, RI 02908-5097
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.10 - Inspection and Enforcement

Current through June 14, 2024
4.10.1
Inspections
The Director, or his or her designee, may inspect an ice
					 arena at a reasonable time, without prior notice, to review the implementation
					 of this Part or to respond to a complaint of the existence of air quality
					 conditions that are not in compliance with this Part.
4.10.2
Compliance and
				  Enforcement
Violations of this Part will be handled by the Director in
					 accordance with procedures contained in R.I. Gen. Laws §§
										23-1-20 through
					  23-1-25.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 4 - Air Quality in Ice Arenas (216-RICR-50-15-4) › Section 216-RICR-50-15-4.11 - Practices and Procedures

Current through June 14, 2024
4.11.1
Rules
				  Governing Practices and Procedures
All hearings and reviews required under these regulations
					 shall be held in accordance with the provisions of the rules and regulations
					 regarding Practices and Procedures Before the Rhode Island Department of Health
					 (Part 10-05-4 of this Title).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 5 - Lead Inspections › Section 216-RICR-50-15-5.1 - Authority and Purpose

Current through June 14, 2024
5.1.1
Authority
These Regulations are promulgated pursuant to the
				  authority conferred under R.I. Gen. Laws Chapters 23-1, 23-24.6, and 42-128.1,
				  and  40 C.F.R Part 745  for the purpose of establishing the requirements for
				  evaluating lead in drinking water, household dust, painted surfaces, soil
				  and/or other appropriate fixed surfaces that may contain lead.
5.1.2
Purpose
A. Purpose of a Lead Inspection
1. A lead inspection may be initiated for a
				  variety of reasons, including, but not limited to, the following:
a. To determine the applicability of the
				  Renovation, Repair, and Painting (RRP) Rule.
b. To determine compliance with one (1) or
				  more lead standards in §
													5.8   of this Part;
c. To identify lead hazards and recommend
				  treatment options to correct those hazards;
d. To satisfy a notice or order from the
				  Department; and/or
e. To obtain one
				  (1) of the following lead certificates, as applicable:
(1) Partial Lead-Safe Certificate (Form
				  PBLC-27);
(2) Certificate of Lead
				  Conformance (Form PBLC-30)
(3)
				  Conditional Lead-Safe Certificate (Form PBLC-15); or
(4) Full Lead-Safe Certificate (Form
				  PBLC-21).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 5 - Lead Inspections › Section 216-RICR-50-15-5.3 - Inspection Types

Current through June 14, 2024
A. Lead Hazard
				  Mitigation Inspection
1. A Lead Hazard
				  Mitigation (LHM) Inspection by a Lead Inspector or Lead Assessor is required to
				  determine compliance with the lead hazard mitigation standards in §§
											2.4(I)  and
				  2.4.3(E) of 860-RICR- 00-00-2, Rules and Regulations Governing Lead Hazard
				  Mitigation, and obtain a Certificate of Lead Conformance (Form LHM- 2-1),
				  required by § 860- RI CR- 00-00-2.5.6 for all non-exempt residential
				  rental units.
2. For LHM
				  Inspections conducted between November 1stand March
				  31st, an Interior Certificate of Lead Conformance
				  (Form LHM- 2-3) may be issued for a dwelling unit and interior common areas
				  with a weather variance to complete the exterior work by the following June
				  30th.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 5 - Lead Inspections › Section 216-RICR-50-15-5.4 - Lead Hazard Mitigation (LHM) Inspections

Current through June 14, 2024
A.
				  Only a Lead Inspector or Lead Assessor shall conduct an LHM Inspection.
1. Exceptions
a. When an owner is in receipt of a notice or
				  order from the Department which requires a Conditional Lead-Safe Certificate
				  (Form PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21), all dwelling units
				  at the subject property are disqualified and prohibited from obtaining a
				  Certificate of Lead Conformance (Form LHM- 2-1) from a private Lead Inspector
				  for as long as the notice or order remains in effect, regardless of occupancy
				  or blood lead levels.
b. The owner
				  shall contact the Department to arrange for lead inspection(s) of any other
				  dwelling units at the subject premises by a State Inspector during the period
				  the notice or order remains in effect.
c. For condominium units, the inspection
				  requirements are limited to the interior of the dwelling unit. The interior and
				  exterior common areas are exempt from the LHM inspection
				  requirements.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 5 - Lead Inspections › Section 216-RICR-50-15-5.5 - Comprehensive Environmental Lead Inspections

Current through June 14, 2024
A.
				  General Requirements
1. Only a Lead Inspector
				  shall conduct a Comprehensive Environmental Lead Inspection.
2. A Comprehensive Environmental Lead
				  Inspection is a surface-by-surface investigation which includes a thorough
				  evaluation of all interior and exterior paint, interior dust, drinking water,
				  and soil within the entire lot using the approved lead testing methods in
				  §
											5.7   of
				  this Part.
3. For the purposes of
				  this Part, a Comprehensive Environmental Lead Inspection includes an entire
				  single-family house, dwelling unit and common areas, or premises, as
				  applicable.
4. Family child care
				  homes or group family child care homes located in residential buildings
				  encompass the entire single-family house, dwelling unit and common areas, or
				  premises, as applicable.
5. Child
				  care centers, nursery schools, preschools, kindergarten classrooms, or other
				  child care programs located in public or commercial buildings encompass only
				  those common areas that are routinely used by children, such as restrooms and
				  cafeterias. Common areas that children only pass through, such as hallways,
				  staircases, and garages are not included. The child care center also
				  encompasses the exterior sides of the building that are immediately adjacent to
				  the child care center and the exterior common areas or play areas routinely
				  used by children.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 5 - Lead Inspections › Section 216-RICR-50-15-5.6 - Clearance Inspections

Current through June 14, 2024
5.6.1
General
				  Requirements
A. The purpose of a
				  clearance inspection is to ensure that lead hazard reduction (LHR), lead hazard
				  control (LHC), or renovation, repair, and painting (RRP) activities:
1. Were performed using lead-safe work
				  practices;
2. Appropriate cleanup
				  was completed;
3. Paint, dust,
				  soil, and/or water testing, as applicable, are performed pursuant to §
												5.7   of this Part;
a. The Lead Inspector or Lead Assessor, as
				  applicable, shall wait at least one (1) hour after final cleanup is completed
				  before collecting any dust samples.
4. Paint, dust, soil, and/or water test
				  results, as applicable, meet the lead- safe standards in §
												5.8   of this Part;
				  and
5. The child care center,
				  single-family house, dwelling unit and common areas, or work area(s), as
				  applicable, are safe for re-occupancy.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 5 - Lead Inspections › Section 216-RICR-50-15-5.7 - Environmental Lead Testing Methods

Current through June 14, 2024
5.7.1
Approved Testing Methods
A. A Lead
				  Inspector, Lead Assessor, or Lead Renovator is trained and licensed or
				  certified to use one (1) or more of the following testing methods for lead in
				  paint, dust, soil, and/or water:
1.
				  EPA-recognized lead test kit for positive or inconclusive results by a Lead
				  Inspector or Lead Assessor;
2.
				  EPA-recognized lead test kit for applicability of the RRP Rule used by a Lead
				  Renovator;
3. X-Ray Fluorescence
				  (XRF) Analyzer for on-site paint testing by a Lead Inspector or supervised Lead
				  Inspector-in-Training;
4. XRF
				  analysis of dust wipe or soil samples by a person who is ELPAT- accredited as
				  being proficient for lead analysis during the period the dust wipe or soil
				  sample analysis, as applicable, is performed;
5. Paint chip, dust wipe, soil, or drinking
				  water sampling for analysis by a laboratory certified pursuant to §
												11.9   of this Subchapter;
				  and/or
6. Any other method approved
				  in writing by the Department.
Approved Lead Testing
								  Methods
Paint
Dust
Soil
Water
EPA recognized Lead Test
								  Kit
Lead Assessor
Lead Inspector
Supervised Lead Inspector-in-Training
Certified Lead
Renovator
Not Applicable
Not Applicable
Not Applicable
XRF
Analyzer
Lead Inspector
Supervised Lead
Inspector-in-Training
ELPAT-
accredited person
ELPAT-accredited person
Not Applicable
Lead Sampling for Laboratory
								  Analysis
Lead Assessor
Lead Inspector
Supervised Lead Inspector-in-Training
Certified Lead Renovator
Lead Assessor
Lead Inspector
Supervised Lead Inspector-in
Training
Lead Assessor
Lead Inspector
Supervised Lead Inspector-in
Training
Lead Assessor
Lead Inspector
Supervised Lead Inspector-in
Training
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 5 - Lead Inspections › Section 216-RICR-50-15-5.8 - Environmental Lead Standards

Current through June 14, 2024
5.8.1
Lead
				  Mitigation Standards
A. All lead-based
				  paint, including pre-1978 painted surfaces required to be assumed positive,
				  must be intact with no paint or coating on a damaged or deteriorated component;
				  no surface which has loose, delaminating, flaking, peeling, chipping, chalking,
				  or blistering paint; no paint that is otherwise becoming separated from the
				  substrate; no paint which is abraded by friction or impact, shows evidence of
				  teeth marks, or is damaged by water;
B. All surfaces must be clean and free of
				  lead dust, paint chips or debris; and
C. All horizontal surfaces except ceilings
				  (e.g. floors, stairs, window sills, window wells) must be covered with a
				  smooth, cleanable covering or coating.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 5 - Lead Inspections › Section 216-RICR-50-15-5.9 - Severability

Current through June 14, 2024
The provisions of this Part 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 Regulation or law. If any provision
					 or part thereof of this Part or application thereof to any person or
					 circumstance is held unconstitutional or otherwise invalid, the remainder of
					 this Part and the application of such provisions to any other persons or
					 circumstances other than those to which it is held invalid shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.1 - Authority

Current through June 14, 2024
These Rules and Regulations for Licensing of Electronic
					 Nicotine-Delivery System Distributors and Dealers are promulgated pursuant to
					 the authority set forth in R.I. Gen. Laws §§
										23-1-1,
					  23-1-55 through
					  23-1-58,
					 and
					  11-9-13.4 for the purpose of establishing the requirements for licensure of electronic
					 nicotine-delivery system distributors and dealers.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.2 - Citing Authority

Current through June 14, 2024
A. Entities licensed
				  under this Part must comply with the following federal statutes:
1. The Family Smoking Prevention and Tobacco
				  Control Act (U.S. Pub. Laws 111-31); and
2. U.S. Pub. Laws 114-116 (Child Nicotine
				  Prevention Act of 2015).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.4 - Licensing Requirements and Use of Licensed Entities

Current through June 14, 2024
A person engaging in the business of selling electronic
					 nicotine-delivery system products in the State of Rhode Island, as set forth in
					 this Part and including any distributor or dealer, shall annually secure a
					 license in accordance with the requirements of R.I. Gen. Laws §
										23-1-56 and
					 this Part from the Department before engaging in that business, or continuing
					 to engage in it.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.5 - Eligibility for Licensing

Current through June 14, 2024
Eligibility of licensees shall be in accordance with R.I.
					 Gen. Laws §
										23-1-56(f).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.6 - Application for Licensure and Fee

Current through June 14, 2024
A. Application for
				  Licensure.
Application for licensure shall be made on forms furnished
					 by the Department, which shall be completed, notarized and submitted to the
					 Department.
B. Categories of
				  Licensure.
1. An application for a license to
				  engage in the business of selling electronic nicotine-delivery system products
				  in the State of Rhode Island, as set forth in this Part, shall be submitted for
				  each applicable category of business:
a.
				  Distributor (including manufacturer and importer); or
b. Dealer (retail and vending
				  machine)
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.7 - Issuance of License

Current through June 14, 2024
A. A license to
				  engage in the business of selling electronic nicotine-delivery system products
				  in the State of Rhode Island, as set forth in this Part, may be issued to an
				  applicant who meets the relevant requirements for licensure as required by the
				  Act and this Part.
B. A dealer's
				  license shall be issued to a specific licensee for a specific location and
				  shall not be transferable. Each issued license shall be prominently displayed
				  on the premises, if any, covered by the license.
C. If the applicant for a license does not
				  have a place of business in the State of Rhode Island, the license shall be
				  issued for such applicant's principal place of business, wherever
				  located.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.8 - Required Notification to the Department

Current through June 14, 2024
A licensee must notify the Department, in writing, within
					 thirty (30) days in the event that it changes its principal place of
					 business.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.9 - Expiration, Renewal, and Failure to Renew

Current through June 14, 2024
A. Expiration.
The license of every person licensed pursuant to provisions
					 of the Act and this Part shall expire on the thirty-first (31st) day of January
					 of the following year
B.
				  Renewal.
1. Every licensed person who desires
				  to renew his or her license shall file with the Department, on or before the
				  thirty-first (31st) day of January in each year, an executed renewal
				  application together with a renewal fee as set forth in the rules and
				  regulations Pertaining to the Fee Structure for Licensing, Laboratory and
				  Administrative Services Provided by the Department of Health (Part 10-05-2 of
				  this Title) and a self-certification as set forth in §
											6.10(B)   of
				  this Part. New business licenses are issued throughout the year.
2. Upon receipt of a renewal application and
				  payment of the renewal fee, the accuracy of the application shall be verified
				  and the Department may grant a renewal license effective on the first (1st) day
				  of February and expiring on the thirty-first (31st) day of January of the
				  following year.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.10 - Prohibition on the Sale of Flavored Electronic Nicotine-Delivery System Products

Current through June 14, 2024
A. The sale, or
				  offer for sale of, or the possession with intent to sell or to offer for sale,
				  flavored electronic nicotine-delivery system products to consumers within the
				  State of Rhode Island is hereby prohibited. Compassion centers and licensed
				  cultivators registered with the Rhode Island Department of Business
				  Regulations--Office of Cannabis Regulation under R.I. Gen. Laws Chapter 21-28.6
				  are exempt from this provision.
B.
				  Dealers must self-certify, at the time of initial application and every renewal
				  application under this Part, that none of the electronic nicotine-delivery
				  system products they sell, or offer for sale, or possess with intent to sell or
				  offer for sale to consumers in Rhode Island are flavored electronic
				  nicotine-delivery system products.
C. A public statement or claim or
				  disseminated by a dealer or distributor of an electronic nicotine-delivery
				  system product, or by any person authorized or permitted by the dealer or
				  distributor to make or disseminate public statements concerning such electronic
				  nicotine-delivery system product, that such electronic nicotine-delivery system
				  product imparts a characterizing flavor shall constitute presumptive evidence
				  that the electronic nicotine-delivery system product is a flavored electronic
				  nicotine-delivery system product.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.11 - Violations - Enforcement and Penalties

Current through June 14, 2024
A. Violation of
				  any provision of this Part is subject to all civil and criminal penalties as
				  provided by law.
1. Each flavored electronic
				  nicotine-delivery system product, or any component part thereof, that is sold
				  or offered for sale, or possessed with intent to sell or offer for sale to
				  consumers within the State of Rhode Island (as set forth in §
											6.10   of this Part) shall
				  constitute a separate violation.
2.
				  Any violation by a clerk, cashier, or other employee or staff shall be imputed
				  to the person's employer for assessment of violations and penalties.