Title 23, Title 23 and Safety

The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability to any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its…

(a) Any cesspool found to be serving a building or use subject to sale or transfer shall be removed and replaced with an OWTS or the building served by the cesspool shall be connected to a public sewer system within twelve (12) months of the date of sale or transfer. (b) Should t…

The general assembly hereby recognizes and declares that: (1) There exists a need to abate pollution and threats to public health caused by cesspools. (2) It is estimated that there are more than twenty-five thousand (25,000) cesspools within the state as of 2013. (3) Cesspools a…

The purpose of this chapter is to phase out use of cesspools beginning with those located in close proximity to tidal water areas and public drinking water supplies. Additionally, this chapter provides for the connection of properties served by cesspools to available sewer lines …

For the purposes of this chapter the following terms shall mean: (1) “Cesspool” means any buried chamber other than an onsite wastewater treatment system (OWTS), including, but not limited to, any metal tank, perforated concrete vault, or covered hollow or excavation, that receiv…

(a) Unless exempted under § 23-19.15-8(a), the owner of property served by a cesspool in the following areas shall cause an inspection to be performed on said cesspool by a system inspector in accordance with a schedule established by the department, but no later than January 1, …

(a) Any cesspool located in close proximity to tidal water areas and public drinking water supplies and required to be abandoned pursuant to this chapter shall be replaced with an approved OWTS, or the building served by the cesspool shall be connected to a public sewer, prior to…

The director may grant a waiver, to the extent necessary, from applicable provisions listed in § 23-19.15-6(b) provided the homeowner demonstrates undue hardship, defined as having an annual income of less than or equal to eighty percent (80%) of the appropriate household size ar…

(a) The provisions of §§ 23-19.15-5, 23-19.15-6(a) and 23-19.15-12(a) shall not apply to any cesspool located in an area of a community covered by municipal, on-site wastewater management ordinance that requires the risk-based phase out of cesspools on an alternative schedule tha…

(a) The owner of any cesspool who or that has not complied with the requirements pursuant to this chapter shall be in violation of this chapter and subject to enforcement action by the department in accordance with chapters 17.1 and 17.6 of title 42. (b) Notwithstanding the above…

The general assembly finds and declares that: (1) Promotion of, and investment in, energy efficient infrastructure will result in the reduction of energy costs for commercial, residential, and municipal users which is necessary to maintain and grow Rhode Island’s economy; and (2)…

As used in this chapter, the following terms, unless the context requires a different interpretation, shall have the following meanings: (1) “Agency” means the Rhode Island infrastructure bank as set forth in chapter 12.2 of title 46; (2) “Approved project” means any project appr…

(a) There is hereby established a brownfields revolving fund. The agency shall establish and set up on its books the brownfields revolving fund, to be held in trust and to be administered by the agency solely as provided in this section and in any trust agreement securing bonds o…

(a) The agency shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter including, without limiting the generality of the preceding statement, the authority: (1) To receive and disburse such funds from the state an…

(a) Subject to the provisions of subsection (b), upon the written request of the agency, the general treasurer shall pay to the agency, from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds otherwise lawfully paya…

The department of environmental management, in consultation with the Rhode Island commerce corporation, shall promulgate rules and regulations establishing the project evaluation criteria and a project priority list and the process through which an eligible borrower may submit an…

In order to provide for the expenses of the department under this chapter, the agency shall transfer to the department an amount from the revolving fund equal to the amount authorized by the general assembly.

If any provision of this chapter or the application of this chapter to any person, corporations, or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or applicati…

As used in this chapter: (1) “Environmental justice focus areas” means as defined by the DEM in SOP Number BEP-AWC-1, effective 6/26/09 and entitled, “Policy for Considering Environmental Justice in the Review of Investigation and Remediation of Contaminated Properties,” that sta…

Notwithstanding any other law, rule, or regulation to the contrary, no permit or license shall be issued for the construction or operation of a new high-heat medical waste processing facility, and no application for a permit or license for such a facility shall be granted or issu…

(1) Plastic pollution is dangerous to the health of our oceans and ocean species, contributes to climate change, and is a major component of unsightly litter both on our lands and in our waters; (2) Plastics that enter the marine environment break down through wave action and sun…

As used in this chapter, the following terms shall have the following meanings: (1) “Department” means the department of environmental management. (2) “Recyclable cardboard box” means a box made of non-waxed cardboard or paper products. (3) “Recyclable paper bag” means a paper ba…

(a) Retail sales establishments are prohibited from making available any bag that is not a reusable bag or recyclable paper bag, as defined by this chapter. Recyclable cardboard boxes, as defined in this chapter, may also be made available. This prohibition precludes providing an…

(a) Responsibility and jurisdiction for enforcement shall be with municipalities and the department. (b) Violations of any section of this chapter shall subject a retail sales establishment to penalties as set forth in this chapter. (c) Penalties for violation of this chapter sha…

This chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable bags, single-use bags, and recyclable paper bags, as defined in this chapter, provided by a re…

The director is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this chapter.

This chapter shall be known and may be cited as “The Statewide Implementation Analysis for a Beverage Container Redemption, Packaging, and Recycling Plan”.

(a) The department of environmental management (DEM), in collaboration with the department of administration (DOA), and the Rhode Island resource recovery corporation (RIRRC), shall commission a statewide needs assessment to determine the infrastructure, policy, and programmatic …

(a) DEM shall convene a Rhode Island redemption and recycling advisory council to provide guidance, review preliminary findings, and make recommendations throughout the assessment process. (b) The advisory council shall include, but not be limited to: (1) One representative from …

(a) The department shall, prior to the final report required by this section, hold at least one public hearing to solicit input on the draft implementation analysis before its finalization. (b) An interim status report shall be submitted to the governor, the speaker of the house,…

The purpose of this chapter is: (1) to prevent the backflow of untreated sewage into residences which can cause damage to property, render the residence temporarily unfit for habitation and increase the risks to public health; and (2) to require new residential construction or su…

As used in this chapter: (a) “Check valve” means a mechanical valve that permits gases and liquids to flow in only one direction, preventing process flow from reversing. (b) “Dwelling unit” means a structure or portion of a structure providing complete, independent living facilit…

All new residential construction that will connect to a sanitary sewer system and any residential construction where the existing sewer connection will be substantially altered shall have a check valve installed, that is automatically activated, on the main building sewer line fo…

The local building official is authorized to enforce the provisions of this chapter pursuant to those enforcement duties in § 23-17.3-108.1 and shall approve the connection to the sanitary sewer system only if a check valve has been installed. Such approval shall be consistent wi…

The state building code standards committee shall adopt rules and regulations that will incorporate the standards in §§ 23-19.3.1-3 and 23-19.3.1-4 into the state building code as established in chapter 23-27.3 of the Rhode Island general laws.

This chapter shall be known as the “Public Health and Workplace Safety Act.”

(a) An employer who violates this chapter shall be liable for a civil penalty as follows: (1) A penalty of two hundred fifty dollars ($250) for the first violation; (2) A penalty of five hundred dollars ($500) for the second violation; (3) A penalty of one thousand dollars ($1,00…

The department of health shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. The program may include publication of a brochur…

The state of Rhode Island and its designees shall annually request other governmental and educational agencies having facilities within the state to establish local operating procedures in cooperation and compliance of this chapter. This includes urging all federal, state, munici…

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(a) No employer or agent of any employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his or her employment, or otherwise discriminate against any individual with respec…

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and this holding shall not affect…

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: (1) “Assisted-living residence” means a residence that provides personal assistance and meals to adults in accordance with chapter 17.4 of this title. (2) “Bar” means an…

Smoking shall be prohibited in all enclosed public places within the state of Rhode Island, including, but not limited to, the following places: (1) Aquariums, galleries, libraries and museums; (2) Areas available to and customarily used by the general public in businesses and no…

Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, st…

Nothing in this chapter shall prohibit an employer from providing an outdoor smoking space for their employees. Provided, however, that any employer who provides an outdoor area for its employees to smoke must provide an area which is physically separated from the enclosed workpl…