reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 4 - Good Manufacturing Practices for Food (216-RICR-50-10-4) › Section 216-RICR-50-10-4.6 - SUPPLEMENTAL REGULATIONS FOR MEAT AND POULTRY SLAUGHTER AND PROCESSING

Current through June 14, 2024
A. All persons operating within Rhode Island
				  for the purpose of slaughtering any animal for human consumption, or for
				  canning, curing, smoking, salting, packing, rendering, or handling the carcass
				  of any animal or part of the carcass, or for the manufacturing of any meat
				  product or meat food product, must obtain a permit from RIDOH.
B. All persons who operate a meat or poultry
				  slaughter and/or processing facility shall comply with R.I. Gen. Laws Chapter
				  21-11 and these Regulations.
4.6.1
SPECIAL REQUIREMENTS PERTAINING TO A FARM WAREHOUSE (Meat
				  Products)
A. A farm warehouse shall
				  not further process any meat items. This includes, but is not limited to,
				  opening packages and handling exposed product, relabeling product, applying net
				  weights or repackaging product.
B.
				  A farm warehouse shall:
1. Register with the
				  Food Safety and Inspection Service (FSIS) of the USDA as a meat handler
				  pursuant to
				   9 C.F.R. §
														320.5  and comply with all
				  applicable USDA requirements;
2.
				  Register with RIDOH as a food business;
3. Utilize only slaughtering and processing
				  facilities approved by the USDA and operated in compliance with
				   21 U.S.C. §§
														601 through  695;
4. Ensure that all meat products are handled
				  and stored under acceptable conditions/ practices which will prevent unsanitary
				  conditions and the misbranding and/or adulteration of the meat
				  products;
5. Ensure that storage
				  units, such as coolers or freezers, are:
a.
				  Dedicated for the meat products that will be offered for sale; and
b. Indoors, clean, in good repair and can
				  keep meat products frozen or below 41°F (5°C);
6. Ensure that vehicles, refrigerators and/or
				  chest type freezers used for transport of fresh or frozen meat products are in
				  good working condition, able to keep meat products frozen or below 41°F
				  (5°C), designed to prevent unsanitary conditions and capable of maintaining
				  all meat products in a safe, wholesome condition.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 4 - Good Manufacturing Practices for Food (216-RICR-50-10-4) › Section 216-RICR-50-10-4.7 - SUPPLEMENTAL REGULATIONS FOR GRADE A MILK AND MILK PRODUCTS

Current through June 14, 2024
A. All pasteurization plants in Rhode Island,
				  as well as all facilities in Rhode Island that produce or transport milk
				  products must comply with the Grade "A" Pasteurized Milk Ordinance incorporated
				  by reference in §4.1.3(D) of this Part.
B. No person shall operate a pasteurization
				  plant without a valid license granted by RIDOH or in violation of any of the
				  requirements specified in these regulations.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 4 - Good Manufacturing Practices for Food (216-RICR-50-10-4) › Section 216-RICR-50-10-4.8 - SUPPLEMENTAL REGULATIONS FOR NON-ALCOHOLIC BEVERAGES, DRINKS AND JUICES

Current through June 14, 2024
A. All persons manufacturing or bottling for
				  sale or to sell or offer for sale any carbonated or nonalcoholic beverage, soda
				  water, fruit juice, syrup, bottled drinking water either plain or carbonated,
				  or any other so-called soft drink, must obtain a permit from RIDOH.
B. No carbonated or nonalcoholic beverage,
				  soda water, fruit juice, syrup, bottled drinking water either plain or
				  carbonated, or any other so-called soft drink, which has been manufactured
				  outside of this state shall be sold or offered for sale within this state
				  unless the person, firm, or corporation manufacturing or bottling it for sale
				  holds a permit to do so from RIDOH.
C. Any person applying for a permit to bottle
				  or manufacture apple cider shall certify that he or she does not manufacture or
				  bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup,
				  bottled drinking water, either plain or carbonated, or any other so-called soft
				  drink, other than apple cider. Permits shall not apply to any person who
				  manufactures and bottles during any one calendar year not exceeding five
				  hundred (500) gallons of cider.
D.
				  All persons who operate with non-alcoholic beverages, drinks and juices and/or
				  processing facility shall comply with R.I. Gen. Laws Chapter 21-23 and these
				  Regulations.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 4 - Good Manufacturing Practices for Food (216-RICR-50-10-4) › Section 216-RICR-50-10-4.9 - SUPPLEMENTAL REGULATIONS FOR BOTTLED WATER

Current through June 14, 2024
A. The sources
				  of all bulk or bottled drinking water located in Rhode Island must be approved
				  by the Director. Sources of all bottled drinking water located outside of Rhode
				  Island must be approved by the agency having jurisdiction.
B. New sources of all bottled drinking water
				  located in Rhode Island shall comply with those requirements found in the Rhode
				  Island Department of Health rules and regulations for the Public Drinking
				  Water, Subchapter 05 Part 1 of this Chapter.
C. Licensed sources of all bottled drinking
				  water located in Rhode Island, following termination for any reason of their
				  license to manufacture bottled drinking water, shall meet the requirements for
				  new sources of bottled drinking water prior to reactivation of their bottled
				  water license.
4.9.1
EQUIPMENT
A. All tanks,
				  pipelines and equipment used to store, handle and transport water for bottled
				  water purposes shall be inspected, maintained, cleaned and sanitized per the
				  following requirements.
1. Storage Tanks
a. Inspected for cleanliness monthly and
				  shall be kept free of scale, evidence of oxidation and residue;
b. Cleaned monthly by sanitizing and flushing
				  with product water.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 4 - Good Manufacturing Practices for Food (216-RICR-50-10-4) › Section 216-RICR-50-10-4.10 - COMPLIANCE AND ENFORCEMENT

Current through June 14, 2024
4.10.1
VARIANCES
RIDOH may grant a variance by modifying or waiving the
					 requirements of these Regulations if in the opinion of RIDOH a health hazard or
					 nuisance will not result from the variance. If a variance is granted, RIDOH
					 shall retain the information in its records.
4.10.2
enforcement options
A. The Director may pursue any combination of
				  the following administrative and judicial enforcement actions, depending upon
				  the circumstances and gravity of each case:
1. Confiscation of food pursuant to R.I. Gen.
				  Laws §
												21-27-4;
2. Notice to cease business pursuant to R.I.
				  Gen. Laws §
												21-27-5;
3. Penalties for violations pursuant to R.I.
				  Gen. Laws §§
												21-27-9 and/or
				  21-31-5;
4. Administrative fines pursuant to R.I. Gen.
				  Laws §
												21-27-11.11;
5. Embargo, condemnation and destruction of
				  adulterated food pursuant to R.I. Gen. Laws §
												21-31-6;
6. Penalties for obstruction of inspections
				  or examinations pursuant to R.I. Gen. Laws §
												23-1-19;
7. Compliance orders pursuant to R.I. Gen.
				  Laws §
												23-1-20;
8. Immediate compliance orders pursuant to
				  R.I. Gen. Laws §
												23-1-21;
9. Enforcement of compliance orders pursuant
				  to R.I. Gen. Laws §
												23-1-23;
10. Criminal penalties pursuant to
				  R.I. Gen. Laws §
												23-1-25;
				  and
11. Revocation, suspension, or
				  other disciplinary action pursuant to R.I. Gen. Laws §
												21-27-10(c) 
				  regarding a registration issued in accordance with R.I. Gen. Laws §
												21-27-10.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 6 - Processing and Distribution of Shellfish › Section 216-RICR-50-10-6.1 - Authority and Purpose

Current through June 14, 2024
6.1.1
Authority
These Regulations are amended pursuant to the authority of
					 R.I. Gen. Laws Chapters 23-1 and 21-14 and are established for the purpose of
					 updating minimum standards and requirements related to the processing and
					 distribution of shellfish, to adopt requirements of National Shellfish
					 Sanitation Program (NSSP) 2019 Model Ordinance, to assure the safety of
					 shellfish brought into the State of Rhode Island for sale, and to protect the
					 health, safety, and welfare of the public.
6.1.2
Purpose
This Part establishes the minimum requirements necessary to
					 regulate the intrastate commerce of molluscan shellfish and to establish a
					 program to protect the public health of consumers by assuring the sale or
					 distribution of shellfish from safe sources and assuring shellfish have not
					 been adulterated during processing, shipping, or handling.
6.1.3
Applicability
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Rhode Island Department of Health to
					 effectuate the purposes of State law, goals, and policies.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 6 - Processing and Distribution of Shellfish › Section 216-RICR-50-10-6.4 - General Requirements

Current through June 14, 2024
6.4.1
General
				  Requirements
A. Licensure Requirements
1. Types of Licensure Activities
a.  Shucker-packer (SP). Any person who
				  shucks shellfish shall be licensed as a shucker-packer.
b. Repacker (RP)
(1) Any person who repacks shucked shellfish
				  shall be licensed as a shucker-packer or repacker;
(2) Any person who repacks shellstock shall
				  be licensed as a shellstock shipper, shucker-packer, or repacker;
(3) A repacker shall not shuck
				  shellfish.
c. Shellstock
				  Shipper (SS). Any person who ships and receives shellstock in interstate
				  commerce shall be licensed as a shellstock shipper, repacker, or
				  shucker-packer.
d. Reshipper (RS).
				  Any person who purchases shellstock or shucked shellfish from dealers and sells
				  the product without repacking or relabeling to other dealers, wholesalers or
				  retailers shall be licensed as a reshipper. Reshippers are not required to have
				  a business facility address as required in §6.3.1(J) of this
				  Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 10 - Food Protection › Part 6 - Processing and Distribution of Shellfish › Section 216-RICR-50-10-6.5 - Enforcement, Variances, and Practices/Procedures

Current through June 14, 2024
A.
				  Enforcement, Inspections, Penalties
1.
				  Documenting Information and Observations. The Department shall document, on an
				  inspection report form, specific factual observations of conditions that
				  violate R.I. Gen. Laws Chapter 21-14 and the requirements of this Part that
				  require correction by the permit holder.
2. Specifying Time Frame for Corrections. The
				  Department shall specify on the inspection report form the time frame for
				  correction of the violations.
3.
				  Issuing Report and Obtaining Acknowledgment of Receipt. At the conclusion of
				  the inspection and according to law, the Department shall provide a copy of the
				  completed inspection report and the notice to correct violations to the person
				  in charge, and request a signed acknowledgment of receipt.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.1 - Authority and Purpose

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §
										23-24.5-5(c) 
					 and are established for the purpose of adopting minimum standards for asbestos
					 control, and provide for the licensing of Asbestos Contractors, Asbestos
					 Supervisors, and Asbestos Workers, the submission of asbestos abatement plans,
					 certification of training courses, Competent Persons, Analytical Services, and
					 Consultants, and other requirements related to the safe abatement of asbestos
					 hazards.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.4 - General Provisions

Current through June 14, 2024
1.4.1
Exemptions, Variance and Practices and Procedures
A. The requirements for licensing and the
				  submission of an asbestos abatement plan shall not apply to the performance of
				  spot repairs.
B. The requirements
				  for licensing and the submission of an asbestos abatement plan shall not apply
				  to private residences as defined in this Part.
C. Variance Procedures
1. The Department may grant a variance,
				  either upon its own motion or upon request of the applicant, from the
				  provisions of any rule or regulation in a specific case if it finds that a
				  literal enforcement of such provision will result in unnecessary hardship to
				  the applicant and that such a variance will not be contrary to the public
				  interest, public health and/or health and safety of the public.
2. A request for a variance shall be filed by
				  an applicant in writing, setting forth in detail the basis upon which the
				  request is made. Upon filing of each request for a variance with the
				  Department, and within thirty (30) days thereafter, the Department shall notify
				  the applicant by certified mail of its approval, or in the case of a denial, a
				  hearing date, time and place may be scheduled if the applicant appeals the
				  denial and in accordance with the provisions of §1.4.1(D) of this
				  Part.
D. Rules Governing
				  Practices and Procedures All hearings and reviews required under the provisions
				  of R.I. Gen. Laws Chapter 23-24.5 shall be held in accordance with the
				  provisions of the rules and regulations governing the 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 1 - Asbestos Control › Section 216-RICR-50-15-1.5 - Indoor Non-Occupational Air Exposure Standard

Current through June 14, 2024
For the purposes of this Part, the Indoor Non-Occupational
					 Air Exposure Standard for asbestos exposure shall be 0.01 fibers per cubic
					 centimeter (f/cc) for fibers greater than five (5) microns in length as
					 measured by OSHA-NIOSH phase contrast optical microscopic methods and
					 calculated as an eight (8) hour time weighted average (or 300 nanograms per
					 cubic meter).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.6 - Submission of Asbestos Abatement Plans

Current through June 14, 2024
1.6.1 General
				  Requirements
A. Any building owner who
				  intends to conduct an asbestos abatement project, except for spot repairs as
				  defined in this Part, must submit an asbestos abatement plan in compliance with
				  the requirements of §
											1.17   of this Part and must
				  not proceed with said project until written approval of said plan has been
				  received from the Department.
B.
				  Any building owner who is notified that the results of a Department evaluation
				  conducted in accordance with §
											1.22   of this Part indicate
				  that an asbestos abatement plan is required shall submit said plan to the
				  Department within one hundred twenty (120) days of receipt of said
				  notice.
C. In addition to the
				  requirements of §
											1.22   of this Part, any
				  building owner who is notified that areas have received an Asbestos Hazard
				  Rating greater than ninety (90) shall, within ten (10) days of receipt of said
				  notice, submit to the Department the immediate corrective action(s) to be
				  taken, as well as an Interim Operations and Maintenance Plan in accordance with
				  §§1.17.2(B) and (C) of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.7 - Licensing of Asbestos Contractors, Asbestos Supervisors, and Asbestos Workers

Current through June 14, 2024
1.7.1
General
				  Licensing Requirement
No person shall engage in any asbestos abatement project at
					 a facility unless he or she is licensed to do so by the Department under the
					 provisions of this §
											1.7   of this
					 Part.
1.7.2
Applicability
A. The licensing
				  requirements of §
											1.7   of this Part apply to all
				  Asbestos Contractors, as defined in this Part, and each of their Asbestos
				  Supervisors and Asbestos Workers.
B. Persons who perform only spot repairs are
				  exempted from the licensing requirement contained in §1.7.2(A) of this
				  Part. However, persons performing spot repairs must be certified in accordance
				  with §
											1.19   of this
				  Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.8 - Licensee Recordkeeping and Notification

Current through June 14, 2024
1.8.1
Notification of Asbestos Abatement Projects
A. A licensed Asbestos Contractor shall
				  utilize the most current revision of the Department's Form ASB-22 to notify the
				  Department in writing at least ten (10) working days before beginning any
				  on-site work at a planned asbestos abatement project. A licensed Asbestos
				  Contractor may not submit this notification until the building owner has
				  received notification of Department approval for the planned asbestos abatement
				  project. Delivery of the notice by email, facsimile, U.S. Postal Service,
				  commercial delivery service, or hand delivery is acceptable.
B. A licensed Asbestos Contractor or Asbestos
				  Supervisor shall also notify the Department by telephone when they begin
				  on-site preparation for an approved asbestos abatement project.
C. In accordance with the provisions of R.I.
				  Gen. Laws §
											23-28.4-6.1,
				  a licensed Asbestos Contractor shall also notify the local firefighting
				  authorities, in writing, prior to initiating any activity in conjunction with
				  an approved asbestos abatement project.
D. The written notice required by
				  §1.8.1(A) of this Part above shall be updated as necessary, including when
				  the amount of asbestos changes by at least twenty (20) percent.
E. If an Asbestos Abatement Project will
				  begin on a date other than the one contained in the original notice, notice of
				  the new start date must be provided to the Department as follows:
1. When the Asbestos Abatement Project will
				  begin after the date contained in the notice:
a. Notify the Department of the new start
				  date by telephone as soon as possible before the original start date; and
b. Provide the Department with a
				  written notice of the new start date as soon as possible before, and no later
				  than, the original start date.
2. When the Asbestos Abatement Project will
				  begin on a date earlier than the original start date, provide the Department
				  with a written notice of the new start date at least ten (10) working days
				  before the Asbestos Abatement Project begins.
3. In no event shall an Asbestos Abatement
				  Project begin on a date other than the date contained in the written notice of
				  the new start date.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.9 - Licensee Training Requirements

Current through June 14, 2024
1.9.1
General
				  Training Requirement
A. Licensed
				  Asbestos Contractors shall not allow any Asbestos Worker or Asbestos Supervisor
				  to participate in asbestos abatement projects until the initial training
				  requirement contained in § 1.9.2 of this Part has been satisfied. The
				  criteria for successful completion of a required training course must include
				  obtaining a passing score on the final course examination, unless the certified
				  training course has been specifically authorized in writing by the Department
				  to use an alternative method of determining successful completion.
B. Asbestos Workers and Asbestos Supervisors
				  may not continue to work beyond the anniversary of their initial training or
				  last annual review course until a current annual review course has been
				  completed.
C. Asbestos Contractors
				  shall satisfy the training requirement either by utilizing certified courses
				  offered by outside agents or by establishing an in-house training program and
				  submitting it for certification in accordance with the procedures contained in
				  §
											1.18   of
				  this Part.
D. The Asbestos
				  Contractor shall ensure that personnel designated as Asbestos Supervisor also
				  successfully complete a certified initial training course of at least eight (8)
				  hours duration (exclusive of lunch and break times) as outlined in § 1.9.3
				  of this Part.
E. The Asbestos
				  Contractor shall ensure that Asbestos Workers and Asbestos Supervisors
				  successfully complete a certified annual review course of at least eight (8)
				  hours duration (exclusive of lunch and break times) as outlined in § 1.9.4
				  of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.10 - Licensee Respiratory Protection

Current through June 14, 2024
1.10.1
General Requirement
All license applications from Asbestos Contractors shall
					 include a written respiratory protection program in accordance with the
					 requirements of OSHA
					  29 C.F.R. §
												1910.134(c)  incorporated by
					 reference at §
											1.2(C)   of
					 this Part and
					  29 C.F.R. §
												1926.1101(h) incorporated by reference at §
											1.2(A)   of
					 this Part. This program shall be posted at all projects requiring asbestos
					 abatement activities over more than a single day.
1.10.2
Selection Requirements
Respirators shall be selected that meet the level of
					 protection requirements contained in OSHA
					  29 C.F.R. §
												1926.1101(h) incorporated by reference at §
											1.2(A)   of
					 this Part and shall be utilized in accordance with OSHA
					  29 C.F.R. §
												1910.134  incorporated by reference at §
											1.2(C)   of
					 this Part.
1.10.3
Fitting of Respirators
A. Each
				  Asbestos Supervisor and Asbestos Worker shall be given an opportunity to try on
				  a variety of respirator styles and sizes and to select a respirator for
				  comfortable fit.
B. Each Asbestos
				  Supervisor and Asbestos Worker shall be instructed in the performance of
				  positive and negative pressure fit checks and be able to successfully perform
				  them.
C. Each Asbestos Supervisor
				  and Asbestos Worker shall be fit tested using generally acceptable quantitative
				  fit testing methods or by qualitative fit testing procedures as detailed in the
				  OSHA Construction Industry Standard,
				   29 C.F.R. §
												1910.134  Appendix A incorporated by reference
				  at §
											1.2(C)   of
				  this Part, and adequately pass the selected fit test procedure.
D. Asbestos Supervisors and Asbestos Workers
				  shall be provided with the brand name and model number of respirators that they
				  have been fitted for and are trained to use.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.11 - Protective Clothing

Current through June 14, 2024
Each Asbestos Supervisor and Asbestos Worker shall be
					 provided with personal protective equipment and clothing in accordance with
					 OSHA  29 C.F.R. §
											1926.1101(i) incorporated by reference at §
										1.2(A)   of
					 this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.12 - Medical Monitoring

Current through June 14, 2024
A. General
				  Requirement
Asbestos Contractors must ensure that any Asbestos
					 Supervisor, Asbestos Worker or agent who may be exposed to airborne asbestos is
					 medically monitored in accordance with the requirements of OSHA
					  29 C.F.R. §
												1926.1101(m) incorporated by reference at §
											1.2(A)   of
					 this Part, prior to engaging in any asbestos abatement activity. Monitoring
					 shall include, at a minimum, those elements required by OSHA
					  29 C.F.R. §
												1926.1101(m)(2)(ii) incorporated by reference at §
											1.2(A)   of
					 this Part.
B. Asbestos
				  Supervisors and Asbestos Workers must also be given an opportunity to be
				  evaluated by a physician to determine their capability to safely work while
				  breathing through the added resistance of a respirator. Examining physicians
				  should be made aware of the nature of respiratory protective hazards and
				  knowledgeable about the specific types of respirators the Asbestos Supervisor
				  or Asbestos Worker shall be required to wear and the work he will be required
				  to perform. They should also be advised as to special hazards that may exist in
				  the work place (e.g. high temperatures, toxic contaminants).
C. Chest X-rays shall be taken by a
				  Registered Radiological Technologist and interpreted in accordance with OSHA
				   29 C.F.R. §
											1926.1101  Appendix E
				  incorporated by reference at §
										1.2(A)   of
				  this Part.
D. Pulmonary function
				  testing shall be conducted by a NIOSH Certified Pulmonary Technician or other
				  health professional with training in pulmonary function testing.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.13 - Worker Air Monitoring

Current through June 14, 2024
The Asbestos Contractor must provide representative air
					 monitoring, in accordance with OSHA
					  29 C.F.R. §
											1926.1101(f) incorporated by reference at §
										1.2(A)   of
					 this Part, for Asbestos Supervisors and Asbestos Workers during asbestos
					 abatement activities. Affected Asbestos Supervisors, Asbestos Workers, and
					 agents of the Asbestos Contractor must be notified of the results of air
					 monitoring in accordance with OSHA
					  29 C.F.R. §
											1926.1101(f)(5)  incorporated
					 by reference at §
										1.2(A)   of
					 this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.15 - Work Practice Requirements - Spot Removals

Current through June 14, 2024
1.15.1
Applicability
A. Individuals
				  performing spot repairs must be certified as a competent person in accordance
				  with §
											1.19   of this Part and shall
				  take reasonable precautions to prevent the release of asbestos fibers to the
				  environment. The reasonable precautions required by § 1.15.1 of this Part
				  shall include, but are not limited to the following:
1. Barriers constructed shall be adequate to
				  contain asbestos fibers released within the work area.
2. Procedures shall be established to prevent
				  asbestos contamination in all areas outside the work area(s).
3. All asbestos containing material shall be
				  wetted prior to removal and kept wet until containerized.
4. HEPA vacuum equipment and wet cleaning
				  techniques shall be used to clean up the work area following abatement until
				  there is no visible residue.
5.
				  Asbestos waste shall be packaged in impermeable containers such as polyethylene
				  sheeting, bags and/or fiber or metal drums and shall be labeled so that labels
				  have the appearance of or are constructed in accordance with USDOT  49 C.F.R. §
													172, Subpart E incorporated by reference at §
												1.2(D)   of
				  this Part and OSHA
				   29 C.F.R. §
													1926.1101  incorporated by
				  reference at §
												1.2(A)   of
				  this Part. Each container, bag, drum or wrapped component shall also be labeled
				  or tagged with the name and license number of the asbestos contractor
				  generating the waste, as well as the asbestos abatement project number and
				  location at which the waste was generated.
6. Transport and disposal of asbestos waste
				  shall be in accordance with the provisions of Appendix D to  40 C.F.R. §
													763, Subpart E incorporated by reference at §
												1.2(E)   of
				  this Part and USDOT 49 C.F.R. § 173.1300 incorporated by reference at
				  §
												1.2(F)   of
				  this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.16 - Alternative Procedures

Current through June 14, 2024
The Department may, on a case-by-case basis, approve an
					 alternative procedure for control of emissions from an asbestos abatement
					 project provided that the building owner submits the alternative procedure to
					 the Department in writing and demonstrates to the satisfaction of the
					 Department that compliance with the prescribed procedures is not practical or
					 not feasible or that the proposed alternative procedures provide equivalent
					 control of asbestos. The Department, following its review, may approve an
					 alternative procedure if it determines that it will minimize the emission of
					 asbestos.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.17 - Abatement (Management) Plans and Owner Responsibilities

Current through June 14, 2024
1.17.1
General Requirements
A. This section applies to Asbestos Abatement
				  (Management) Plans submitted pursuant to §
											1.6   of this Part. All
				  asbestos abatement projects conducted at any facility, except for spot repairs
				  as defined in this Part, must be conducted in accordance with an Asbestos
				  Abatement (Management) Plan which has been submitted by the building owner and
				  approved by the Department.
B.
				  Asbestos Abatement (Management) Plans shall be submitted on forms provided by
				  the Department. Said forms shall be signed by the building owner or legally
				  authorized agent. Consultants retained to prepare Asbestos Abatement
				  (Management) Plans are not authorized to sign these forms.
C. An Asbestos Abatement (Management) Plan
				  for any school or school building subject to the AHERA regulations must be
				  prepared by a consultant certified for the proposed scope of abatement work in
				  accordance with §§1.21.2(B)(2) and/or 1.21.2(B)(3) of this
				  Part.
D. An Asbestos Abatement
				  (Management) Plan for any public or private building, other than schools or
				  school buildings subject to the AHERA regulations, must be prepared by the
				  building owner, a full-time employee of the building owner or an Asbestos
				  Project Designer certified in accordance with §1.21.2(B)(2) of this
				  Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.18 - Certification of Asbestos Abatement Training Courses

Current through June 14, 2024
1.18.1
General Requirement
A. Training courses offered and conducted for
				  the purpose of meeting the training requirements of this Part must be certified
				  in accordance with §
											1.18   of this Part.
				  Applicants, in order to obtain certification for a training course, must submit
				  an application which demonstrates compliance with the requirements of §
											1.18   of this Part.
B. Notwithstanding the requirements of
				  §1.17.1(A) of this Part, initial or review training courses for Asbestos
				  Inspectors, Asbestos Project Designers or Asbestos Management Planners that are
				  currently certified by other jurisdictions in accordance with the EPA Model
				  Accreditation Program (MAP) will be considered as having been certified in
				  accordance with §
											1.18   of this Part.
C. The criteria for successful completion of
				  a required training course must include obtaining a passing score on the final
				  course examination, unless the certified training course has been specifically
				  authorized in writing by the Department to use an alternative method of
				  determining successful completion.
D. The training provider shall notify the
				  Department of all scheduled, canceled, and completed asbestos training courses
				  within seven (7) days of scheduling and completion. When implemented, the use
				  of the Department's electronic training reporting system constitutes compliance
				  with these notification requirements.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.19 - Certification of Competent Persons

Current through June 14, 2024
1.19.1
General Requirement
A. Any
				  designated public employee, designated public maintenance person, maintenance
				  worker in the private sector, teacher and/or parent representative who desires
				  to be certified as competent in the basic aspects of asbestos inspections and
				  abatement process evaluations, as defined by the Act, or to perform spot
				  repairs within the jurisdiction of the applicant's agency, municipality or
				  building(s) must file an application with the Department which includes
				  evidence of successful completion of a certified training course of at least
				  sixteen (16) hours duration (exclusive of lunch and break times) as outlined in
				  § 1.19.2 of this Part.
B.
				  Maintenance personnel in the private sector, including but not limited to
				  plumbers, electricians and oil burner repairmen, who perform asbestos abatement
				  activities that are subject to this Part in conjunction with their primary
				  profession must be certified as a Competent Person for Spot Repair in
				  accordance with §1.19.1(A) of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.21 - Certification of Consultants

Current through June 14, 2024
1.21.1
General Requirement
Asbestos consultant services offered for meeting the
					 requirements of this Part must be certified in accordance with §
											1.21   of this Part.
					 Applicants, to obtain certification for asbestos consultant services, must
					 submit an application which demonstrates compliance with the requirements of
					 §
											1.21   of
					 this Part.
1.21.2
Certification of Consultants
A.
				  Any individual requesting certification as an asbestos consultant must submit a
				  completed application to the Department on forms provided by the Department.
				  The application shall include all information required by the Act, this Part,
				  as well as by the form and accompanying instructions. The appropriate fee(s)
				  required 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) must also be submitted with the
				  application.
B. In addition to the
				  requirements contained in § 1.21.2(A) of this Part, the individual shall
				  also submit evidence of competence in the activity being requested. The
				  following are minimum criteria for establishing competence in the various
				  activities:
1. Asbestos Inspection Services.
				  Successful completion of a Department certified training course covering
				  state-of-the-art techniques in Asbestos Inspection specified by §1.18.8(E)
				  of this Part.
2. Asbestos Project
				  Designer Services. Successful completion of a Department certified training
				  course covering state-of-the-art techniques in Asbestos Project Design
				  specified by §1.18.8(G) of this Part.
3. Asbestos Management Planner Services.
				  Successful completion of a Department certified training course covering
				  state-of-the-art techniques in Asbestos Management Planning specified by
				  §1.18.8(I) of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.23 - Sampling Protocol for Hazard Assessment

Current through June 14, 2024
A.
				  Number of Samples. Samples of suspect asbestos containing materials must be
				  taken for laboratory analysis. The number of samples to be taken is dependent
				  upon the type of material to be sampled.
1.
				  Friable or Potentially Friable Surfacing Material A consultant certified for
				  Asbestos Inspection Services in accordance with §1.21.2(B)(2) of this Part
				  or a Competent Person certified in accordance with §
											1.19   of this Part shall
				  collect bulk samples, in a statistically random manner that is representative
				  of each homogeneous area, as follows:
a. At
				  least three (3) bulk samples from each homogeneous area that is one thousand
				  (1000) square feet or less, except as provided in §§
												1.23(A)(1)(d) and
				  (e)   of this Part.
b. At least five (5) bulk samples from each
				  homogeneous area that is greater than one thousand (1000) square feet but less
				  than five thousand (5000) square feet, except as provided in §§
												1.23(A)(1)(d) and
				  (e)   of this Part.
c. At least seven (7) bulk samples from each
				  homogeneous area that is greater than five thousand (5000) square feet, except
				  as provided in §§
												1.23(A)(1)(d) and
				  (e)   of this Part.
d. A homogeneous area shall be determined to
				  contain ACM based on a finding that the results of at least one (1) sample
				  collected from that area shows that asbestos is present in an amount greater
				  than one percent (1%).
e. A
				  homogeneous area is considered not to contain ACM only if the results of all
				  samples required to be collected from that area show asbestos in amounts of one
				  percent (1%) or less.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 1 - Asbestos Control › Section 216-RICR-50-15-1.24 - NESHAP Requirements

Current through June 14, 2024
Federal facilities and such other persons who are not
					 otherwise subject to these regulations shall comply with EPA's NESHAP
					 requirements,  40 C.F.R. §
											61, Subpart M incorporated by reference at
					 §
										1.2(N)   of
					 this Part.
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-50-15-2.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §§
										23-61-4(8) 
					 and
					  23-61-7(b),
					 and are established for the purpose of protection of human health and
					 prevention of exposure to elevated concentrations of radon.
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-50-15-2.2 - Applicability

Current through June 14, 2024
These regulations provide for the detection of radon and
					 radon progeny hazards in buildings, for the safe mitigation of those hazards,
					 and for the licensing and/or certification of the persons who engage in radon
					 activities.
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-50-15-2.4 - Testing of Radon in Air in High Priority Buildings

Current through June 14, 2024
2.4.1
Purpose and Scope
A. Testing protocols for radon in air are
				  designed:
1. To identify structures in which
				  the potential exists for elevated radon concentrations;
2. When elevated concentrations are found, to
				  specify follow-up testing procedures to determine the level of occupant
				  exposure; and
3. When elevated
				  concentrations are verified using follow-up testing procedures, to initiate
				  appropriate remediation activities.
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-50-15-2.5 - Mitigation Requirements and Protocols for Public and High Priority Buildings

Current through June 14, 2024
2.5.1
Mitigation Requirements and Schedule
A. Any area of a public or high priority
				  building having an annual average level of radon in excess of or equal to 4
				  pCi/L (0.02 WL), measured according to the follow-up testing specifications in
				  §2.4.9 of this Part, must be mitigated to a level below 4 pCi/L (0.02
				  WL).
B. Mitigation systems
				  installations shall be completed according to the following schedule:
1. Within one (1) year for results greater
				  than or equal to 4 pCi/L (0.02 WL) but less than 20 pCi/L (0.1 WL).
2. Within six (6) months for results greater
				  than or equal to 20 pCi/L (0.1 WL) but less than 100 pCi/L (0. WL).
3. Within sixty (60) days for results greater
				  than or equal to 100 pCi/L (0.5 WL).
C. Mitigation systems shall be installed by a
				  licensed radon contractor.
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-50-15-2.6 - Recordkeeping and Reporting Requirements for Public and High Priority Buildings

Current through June 14, 2024
2.6.1
Recordkeeping Requirements
A.
				  The building owner shall maintain the following records until disposal is
				  authorized in writing by the Department.
1.
				  Schedule for initial short-term testing.
2. Annotated floor plan of each building
				  tested showing short and follow-up testing locations.
3. Documentation of all radon tests
				  taken.
4. A list of any and all
				  mitigation systems installed.
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-50-15-2.7 - General Licensing and Certification Requirements

Current through June 14, 2024
2.7.1
Application Requirements
A. No person may measure or analyze for radon
				  or conduct associated radon mitigation activities in Rhode Island unless such
				  person has been licensed and/or certified as provided by this Part. This Part
				  in no way exempts any person from other state and local occupational licensure
				  and/or certification requirements.
B. An applicant seeking licensing and/or
				  certification for radon testing or mitigation services within the state of
				  Rhode Island shall:
1. Complete the
				  appropriate application form, available from the Department.
2. Submit the application, supporting
				  credentials, and the appropriate licensing and/or certification fee, as
				  identified 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) to the Department of Health, Radon Control
				  Program, 3 Capitol Hill, Room 206, Providence, RI 02908-5097. Analytical
				  services and training courses include an additional assessment based on the
				  amount of services or courses offered.
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-50-15-2.8 - Requirements for Radon Contractors

Current through June 14, 2024
2.8.1
Licensing Requirements
In addition to the general licensing requirements in §
											2.7   of this Part, all
					 applicants for a radon mitigation license must identify the licensed radon
					 supervisor(s) to be utilized.
2.8.2
Performance Requirements
A. In addition to the general requirements
				  for all applicants listed in §
											2.7   of this Part, the radon
				  contractor must:
1. Maintain a licensed radon
				  supervisor on staff. In the event of the resignation or termination of said
				  specialist, notify the Department in writing within five (5) business days and
				  refrain from engaging in any radon mitigation activities until another
				  specialist is hired.
2. Ensure that
				  radon mitigation system installations are performed by a licensed radon
				  supervisor or licensed radon worker(s) under the direct supervision of the
				  specialist.
3. Subcontract only
				  those portions of the mitigation project which involve the pouring of concrete
				  slabs, plumbing, and electrical work.
4. Provide to the client, in writing:
a. All warranties regarding radon level
				  reductions and proper functioning of mitigation equipment. The precise coverage
				  shall be explicitly stated in the contract offered to the client, and all
				  warranties offered must be honored.
b. All instructions regarding the operation
				  and maintenance of each component of the mitigation system.
c. An estimate of approximate added energy
				  costs.
5. Ensure that
				  all mitigation work complies with these regulations, R.I. Gen. Laws Chapter
				  23-27.3, and local building codes.