Chapter 352

2004 -- S 2115 AS AMENDED

Enacted 07/02/04

A N A C T

RELATING TO HEALTH AND SAFETY -- SANITATION STANDARDS FOR BATHING

BEACHES

Introduced By: Senators Walaska, McCaffrey, Bates, Cote, and Polisena

Date Introduced: January 20, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

amended by adding thereto the following chapter:

CHAPTER 21.1

SANITATION STANDARDS FOR BATHING BEACHES

23-21.1-1. Definitions. -- For the purposes of this chapter, the following definitions

apply:

(1) “Bathing beach” shall mean any area or tract of land, which is used in connection

with swimming and/or bathing in any waters of the state except that land contiguous to the

Atlantic Ocean provided:

(a) It is open to the public with or without permit and/or payment of a fee;

(b) It is maintained as a private club or association requiring membership fees or dues; or

(c) It is maintained with or without charge for the recreation of groups of ten (10) or more

children.

(2) “Bathing water” shall mean fresh, salt, or estuarine water adjacent to any bathing

beach within the state, except the Atlantic Ocean.

(3) “Department” shall mean the Rhode Island Department of Health.

(4) “Director” shall mean the director of health or his or her duly appointed agents.

23-21.1-2. Licensing. -- No person shall maintain within this state any bathing beach

until that person shall have obtained a license therefore from the department to operate a

recreational facility consistent with chapter 23-21 of the general laws of Rhode Island.

23-21.1-3. Enforcement. -- The department shall enforce the provisions of this chapter

and the regulations adopted in accordance with this chapter and prosecute all persons guilty of

violation of this chapter or regulations adopted in accordance with it and/or suspend and/or

revoke their licenses. In all these prosecutions, the director, shall not be required to enter into any

recognizances or to give surety for costs.

23-21.1-4. Obstruction of access to premises. -- No person shall interfere with or

obstruct the entrance of the director to any structure, vessel, vehicle, or other premises or use in

the discharge of the director’s official duties in connection with the enforcement of this chapter or

the regulations adopted in accordance therewith.

23-21.1-5. Rules and regulations. -- The department is hereby authorized and

empowered to adopt and prescribe rules and regulations and from time to time amend, change,

and/or repeal such rules and regulations and make such orders and perform such actions as are

necessary to carry out the provisions of this chapter.

23-21.1-6. Standards. – The department shall adopt minimum sanitation standards for

pathogens and/or pathogen indicators present in the bathing water, consistent with sections 23-1-

17 and 23-1-18, in order to protect the public from illnesses associated with swimming in

contaminated bathing waters. This may include standards for:

(1) Pathogens and/or pathogen indicators including, but not limited to, total coliform,

fecal coliform, and enterococci.

23-21.1-7. Bathing water monitoring/management. – To minimize the human health

risk associated with swimming in contaminated bathing waters; the department shall require all

bathing beach operators to test bathing waters adjacent to their bathing beach for pathogens

and/or pathogen indicators established under this chapter and authorized regulations, to ensure

those waters meet minimum sanitation standards for water quality at bathing beaches.

Furthermore, the department shall incorporate the following minimum provisions:

(1) The owner of a bathing beach shall be required to pay for the costs of sampling,

analysis and monitoring of bathing waters adjacent to such facilities at a laboratory approved by

the department. Said laboratory shall immediately notify by fax or email the department and the

beach owner of all bathing water sample results.

(2) The department shall determine at which sites to conduct testing and the number of

samples required to be taken at bathing beaches. The bathing beach sampler shall record site

conditions at the time of sampling, as required by the department, such as number of bathers and

waterfowl and other conditions that may affect bathing water quality. The department shall

consider, but shall not be limited to, the following factors in determining at which site to conduct

testing and monitoring of bathing water:

(i) Prior testing results for such bathing waters;

(ii) The length of coastline to be tested and monitored;

(iii) The number of people who use the bathing beach annually; and

(iv) Whether the beach is located adjacent to a storm water drain; sewage, industrial,

commercial or agricultural wastewater discharge; or other source of contamination such as

marinas or waterfowl.

(3) The department shall determine at what frequency to conduct sampling, analysis, and

monitoring of bathing waters. Sampling, analysis, and monitoring shall begin two (2) weeks prior

to the bathing season for each bathing beach and continue until the bathing beach closes for the

season. Sampling, analysis, and monitoring shall be conducted on a minimum weekly basis

during the bathing season, and at such times and under such conditions as shall be sufficient to

protect public health and safety. The department may grant a variance from the weekly testing

requirement for a bathing beach only where there is a documented history of satisfactory sample

results and no known sources of pollution that may jeopardize public health.

(4) Each bathing beach operator shall be responsible for operating the beach in a manner

designed to protect public health and safety. Feeding of waterfowl at the beach shall be prohibited

and the beach shall be left clean at night in order to not attract waterfowl and other animals.

23-21.1-8. Beach closings/openings. – The department shall order closed, any bathing

beach where it is established that the following or other conditions pose an imminent threat to

public health. The bathing beach shall remain closed until the department determines the bathing

water no longer poses an unacceptable risk to public health or safety. A bathing beach may be

closed for, but not limited to, the following:

(1) A violation of minimum water quality standards at a designated bathing beach;

(2) The presence of sewage sludge deposits or solid refuse;

(3) Floating solid, grease or scum wastes; or

(4) Oil or other hazardous material.

23-21.1-9. Exemptions. – Beaches that do not meet standards for licensure are exempt

from the requirements of this chapter. Exempt beaches include rights of way, public access

points, and beaches for which there is no charge for use with a daily user population of fewer than

fifty (50) bathers. Beaches currently licensed are not exempt from these requirements.

SECTION 2. This act shall take effect upon passage.

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LC00732

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