PERMANENT RULES
LABOR AND INDUSTRIES
Date of Adoption: November 21, 2000.
Title: Chapter 296-115 WAC, Safety requirements for charter boats.
Purpose: The 1999 legislature enacted chapter 111, Laws of 1999 (HB 1996) requiring the Department of Labor and Industries to adopt rules relating to charter boat safety. HB 1996 amends chapter 88.04 RCW, as well as chapter 296-115 WAC, Safety requirements for charter boats. This filing implements the provisions for drydock inspections to a sixty-month cycle from a twenty-four-month cycle, as mandated by HB 1996. The rule replaces the word "shall" with either "must" or "will" for clarity and updates references. Changes were made to proposed rule language to update references, correct grammar and standardize terms of reference. These changes are detailed for the public
Citation of Existing Rules Affected by this Order:
AMENDED SECTIONS:
WAC 296-115-001 Foreword.
• | Updated revision date of chapter 88.04 RCW. |
• | Added CFR part references. |
• | Deleted language not needed for clarity. |
• | No additional compliance requirements were established. |
• | Revised language for clarity through the addition and deletion of words and reference to CFR parts. |
• | No additional compliance requirements were established. |
• | Updated position references within the department ("maritime specialist in policy & technical services") and specifies its place in the appeal process. |
• | Revised language for clarity. |
• | No additional compliance requirements were established. |
• | Updated language for clarity through the addition and deletion of words and revision of punctuation (e.g., replaced "shall" with "will" or "must," and deleted quotation marks). |
• | Deleted the definition for "marine and dock." |
• | Added a definition for "Maritime Specialist in P&TS." |
• | Deleted the definition for "Safety factor." |
• | Deleted the definition for the word "Shall." |
• | No additional compliance requirements were established. |
• | Corrected spelling errors and grammar. |
• | Revised language for clarity. |
• | No additional compliance requirements were established. |
• | Replaced the word "incompetency" with "incompetence" as a basis for departmental recommendation for license suspension or revocation. |
• | Revised language for clarity. |
• | No additional compliance requirements were established. |
• | Updated the drydocking interval requirement to comply with chapter 88.04 RCW (from twenty-four to sixty months). |
• | Deleted outdated CFR reference. |
• | Revised language for clarity. |
• | No additional compliance requirements were established. |
• | Removed and updated references. |
• | Revised language for clarity. |
• | No additional compliance requirements were established. |
• | Deleted and updated references to both the CFR and WAC. |
• | Revised language for clarity. |
• | Added the word "accomplished" to subsection (12)(d) to correct a typographical error. |
• | Revised language in subsection (14)(c)(ii) to clarify that the law and regulation reference is the "USCG rules of navigation." |
• | Added the words "for emergency purposes" to subsection (14)(c)(iii) to clarify the purpose of portable battery lights. |
• | No additional compliance requirements were established. |
• | Deleted outdated references. |
• | Revised language for clarity. |
• | No additional compliance requirements were established. |
• | Revised language for clarity. |
• | No additional compliance requirements were established. |
• | Revised language for clarity. |
• | No additional compliance requirements were established. |
Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050.
Other Authority: HB 1996.
Adopted under notice filed as WSR 00-12-100 on June 7, 2000.
Changes Other than Editing from Proposed to Adopted Version:
WAC 296-115-005 Scope and application.
• | Replaced words "will apply" with "applies." |
• | Deleted the words "the vessels are." |
• | Deleted quotation marks from the defined words. |
• | Added the word "means" between the word to be defined and the definition. |
• | Changed the word "one" to "someone." |
• | Added the word "a" for clarity. |
• | Replaced the words "states that" with "requires." |
• | Replaced the word "shall" with "will" or "must." |
• | Change the word "in" to "at" for clarity. |
• | Changed the word "reasons" to "reason(s)." |
• | Change the word "shall" to "must." |
• | Deleted the word "exactly." |
• | Updated WAC references. |
• | Changed the words "shall apply" to "applies." |
• | Changed the words "law and regulation" to "the USCG rules of navigation." |
• | Added the words "for emergency purposes" for clarity. |
• | Revised punctuation for clarity. |
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 12, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: January 1, 2001.
November 21, 2000
Gary Moore
Director
OTS-3876.4
AMENDATORY SECTION(Amending Order 80-20, filed 11/13/80)
WAC 296-115-001
Foreword.
This chapter is adopted to
implement chapter 88.04 RCW as revised in ((1979)) 1999. The
purpose of these rules is to set reasonable guidelines and
requirements to provide for the safety and health of passengers
and crew on board passenger vessels. It is intended that these
rules will be ((at least as effective as)) consistent with the
rules adopted by the United States Coast Guard under 46 CFR Parts
166 to 199. ((This chapter is therefore adopted in cooperation
with the United States Coast Guard.))
[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-001, filed 11/13/80.]
(1) This chapter
((shall apply)) applies to vessels for hire that carry seven or
more passengers when ((the vessels are)) operated in ((inland))
waters within the jurisdiction of the state of Washington. These
rules ((shall)) do not apply to vessels in the navigable waters
of the United States subject to the jurisdiction of the United
States Coast Guard.
(2) Pursuant to chapter 88.04 RCW, the director of the
department of labor and industries ((shall)) will administer this
chapter. ((The director is authorized to use the services of the
marine dock section to administer this chapter.))
(3) All rules adopted by the United States Coast Guard
pertaining to inland water passenger vessel service and
navigation on inland waters ((shall be directly applicable and
administered as a part of)) will be applied to this chapter
unless they conflict with specific provisions of this chapter or
chapter 88.04 RCW.
(4) Special consideration. In applying the provisions of
this section, the director may allow departures from the specific
requirements when special circumstances or arrangements warrant
such departures. (((46 CFR 175.25-1)))
(5) The provisions of this chapter ((shall)) do not apply
to:
(a) A vessel that is a charter boat but is being used by the documented or registered owner of the charter boat exclusively for the owner's own noncommercial or personal pleasure purposes;
(b) A vessel owned by a person or corporate entity which is donated and used by a person or nonprofit organization to transport passengers for charitable or noncommercial purposes, regardless of whether consideration is directly or indirectly paid to the owner;
(c) A vessel that is rented, leased, or hired by an operator to transport passengers for noncommercial or personal pleasure purposes;
(d) A vessel used exclusively for, or incidental to, an educational purpose; or
(e) A bare boat charter boat.
[Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), § 296-115-005, filed 11/22/91, effective 12/24/91; 91-03-044 (Order 90-18), § 296-115-005, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-005, filed 11/13/80.]
(1) Any person
aggrieved by a decision of the ((marine dock section)) Maritime
Specialist in Policy Technical Services (PTS) may appeal the
decision to the director within fifteen working days after
receipt of the decision.
(2) The director ((shall)) will give the ((chief of the
marine and dock section)) Maritime Specialist in PTS notice of
the appeal ((and shall give the chief)). The Maritime Specialist
in PTS will have ten working days to comment in writing. At the
discretion of the director, an informal conference may be held
with all affected parties invited to participate.
(3) The director ((shall)) must issue a determining order
within twenty working days of the receipt of the appeal or within
ten working days following conclusion of an informal conference.
[Statutory Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-115-010, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-010, filed 11/13/80.]
Note: Meaning of words. Unless the context indicates otherwise, words used in this chapter ((shall)) will have the meaning
given in this section.
(("))Approved((" - )) means approved by the director;
however, if a provision of this chapter ((states that)) requires
approval by an agency or organization other than the department
such as nationally recognized testing laboratories or the United
States Coast Guard is required, then approval by the specified
authority ((shall)) will be accepted.
(("))Authorized person((" - )) means a person approved or
assigned by the employer to perform a specific type of duty or
duties or be at a specific location or locations at the
workplace.
(("))Bare boat((")) charter means the unconditional lease,
rental, or charter of a boat by the owner, or his or her agent,
to a person who by written agreement, or contract, assumes all
responsibility and liability for the operation, navigation, and
provisioning of the boat during the term of the agreement or
contract, except when a captain or crew is required or provided
by the owner or owner's agents to be hired by the charterer to
operate the vessel.
(("))Carrying passengers or cargo((")) means the
transporting of any person or persons or cargo on a vessel for a
fee or other consideration.
(("))CFR((" - )) means Code of Federal Regulations.
(("))Charter boat((")) means a vessel or barge operating on
((inland navigable)) waters of the state of Washington which is
not inspected or licensed by the United States Coast Guard and
over which the United States Coast Guard does not exercise
jurisdiction and which is rented, leased, or chartered to carry
more than six persons or cargo.
(("))Commercial((" - )) means any activity from which the
operator, or the person chartering, renting, or leasing a vessel
derives a profit, and/or which qualifies as a legitimate business
expense under the Internal Revenue Statutes.
(("))Competent person((" - one)) means someone who is
capable of identifying existing and predictable hazards in the
surroundings or working conditions that are unsanitary,
hazardous, or dangerous to employees, and who has authorization
to take prompt action to eliminate them.
(("))Confined space((" - )) means a space that:
(1) Is large enough and so configured that an employee can bodily enter and perform assigned work; and
(2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and
(3) Is not designed for continuous employee occupancy.
(("))Defect((" - )) means any characteristic or condition
that tends to weaken or reduce the strength of the tool, object,
or structure of which it is a part.
(("))Department((" - )) means the department of labor and
industries.
(("))Director((" - )) means the director of the department
of labor and industries, or his/her designated representative.
(("))Employer((" - )) means any person, firm, corporation,
partnership, business trust, legal representative, or other
business entity that operates a passenger vessel for hire in this
state and employs one or more employees or contracts with one or
more persons, the essence of which is the personal labor of such
persons. Any person, partnership, or business entity that has no
employees, and is covered by the Industrial Insurance Act shall
be considered both an employer and an employee.
(("))Enclosed space((" - )) means any space, other than a
confined space, which is enclosed by bulkheads and overhead. It
includes cargo holds, tanks, quarters, and machinery and boiler
spaces.
(("))Equipment((")) means a system, part, or component of a
vessel as originally manufactured, or a system, part, or
component manufactured or sold for replacement, repair, or
improvement of a system, part, or component of a vessel; an
accessory or equipment for, or appurtenance to a vessel; or a
marine safety article, accessory, or equipment, including radio
equipment, intended for use by a person on board a vessel.
(("))Hazard((" - )) means a condition, potential or
inherent, that is likely to cause injury, death, or occupational
disease.
(("))Hazardous substance((" - )) means a substance that,
because it is explosive, flammable, poisonous, corrosive,
oxidizing, irritating, or otherwise harmful, is likely to cause
death or injury, including all substances listed on the USCG
hazardous materials list.
(("))Inspection((" - )) means the examination of vessels by
the director or an authorized representative of the director.
(("Marine and dock section" - the chief and staff of the
marine and dock section, department of labor and industries.))
Maritime Specialist in PTS means a technical and operations
specialist in maritime issues located in the department of labor
and industries' policy and technical services section.
(("))Passenger((" - )) means any person or persons, carried
on board a vessel in consideration of the payment of a fee or
other consideration.
(("))Port((" - )) means left hand side of a vessel as one
faces the bow.
(("))Starboard((" - )) means right hand side of a vessel as
one faces the bow.
(("))Power driven vessel((" - )) means any vessel propelled
by machinery.
(("))Qualified((" - )) means one who, by possession of a
recognized degree, certificate, or professional standing, or who
by extensive knowledge, training, and experience, has
successfully demonstrated the ability to solve problems relating
to the subject matter, the work, or the project.
(("Safety factor" - the ratio of the ultimate breaking
strength of a member or piece of material or equipment to the
actual working stress or safe load when in use.
"))Safety and health standard((" - )) means a standard that
requires the adoption or use of one or more practices, means,
methods, operations, or processes reasonably necessary or
appropriate to provide safe or healthful employment and places of
employment.
(("Shall" - the provision of the standard is mandatory.
"))Should((" - )) means recommended.
(("))Substantial((" - )) means constructed of such strength,
of such material, and of such workmanship, that the object
referred to will withstand all normal wear, shock, and usage.
(("))Standard safeguard((" - )) means a device intended to
remove a hazard incidental to the machine, appliance, tool, or
equipment to which the device is attached.
Standard safeguards shall be constructed of either metal, wood, other suitable material, or a combination of these. The final determination of the sufficiency of any safeguard rests with the director.
(("))Suitable((" - )) means that which fits, or has the
qualities or qualifications to meet a given purpose, occasion,
condition, function, or circumstance.
(("))Under way((" - )) means a vessel is not at anchor, or
made fast to the shore, or aground.
(("))USCG((" - )) means the United States Coast Guard.
(("))United States Coast Guard Navigation((" - )) means
rules International/Inland, Commandants Instruction M16672.29 as
now adopted, or hereafter legally amended by the United States
Coast Guard.
(("))Vessel((")) means every description of motorized
watercraft, other than a bare boat charter boat, seaplane, or
sailboat, used or capable of being used to transport more than
six passengers or cargo on water for rent, lease, or hire.
(("))Working day((" - )) means a calendar day, except
Saturdays, Sundays, and legal holidays as set forth in RCW 1.16.050, as now or hereafter amended. The time within which an
act is to be done under the provisions of this chapter shall be
computed by excluding the first working day and including the
last working day.
(("))Worker,((" "))personnel,((" "))man,((" "))person,(("
"))employee,((")) and other terms of like meaning, unless the
context indicates otherwise(( - )) means an employee of an
employer who is employed in the business of his/her employer
whether by way of manual labor or otherwise and every person in
this state who is engaged in the employment of or who is working
under an independent contract the essence of which is his/her
personal labor for an employer whether by manual labor or
otherwise.
[Statutory Authority: Chapter 49.17 RCW. 95-04-007, § 296-115-015, filed 1/18/95, effective 3/1/95; 91-24-017 (Order 91-07), § 296-115-015, filed 11/22/91, effective 12/24/91; 91-03-044 (Order 90-18), § 296-115-015, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-015, filed 11/13/80.]
(1) The
department ((shall)) must inspect all vessels to ensure they are
safe and seaworthy at least once each year. The department may
also inspect a vessel if requested to do so by the owner,
operator, or master of the vessel, and after an explosion, fire,
or any other accident involving the vessel.
(2) The department may inspect a vessel upon receipt of a
complaint from any person or, ((in)) at the discretion of the
department, at any other time.
(3) The department ((shall)) will charge the owner of a
vessel a fee for each certification or recertification
inspection. This fee ((shall)) will be determined by the
director. (See WAC 296-115-120 for fee schedule.)
(4) After the department has inspected a vessel and it is
satisfied the vessel is safe and seaworthy, the department
((shall)) will issue a certificate of inspection for that vessel.
The certificate ((shall)) will be valid for one year after the
date of inspection.
(5) The certificate ((shall)) must set forth the date of the
inspection, the names of the vessel and the owner, the number of
lifeboats and life preservers required, the number of passengers
allowed, and any other information the department may by rule
require.
(6)(a) If at any time a vessel is found to be not safe or seaworthy, or not in compliance with the provisions of this chapter, the department may refuse to issue a certificate of inspection until the deficiencies have been corrected and may cancel any certificate of inspection currently issued.
(b) The department ((shall)) must give the owner of the
vessel a written statement of the reason(s) the vessel was found
to be unsafe, unseaworthy, or not in compliance with the
provisions of this chapter, including a specific reference to the
statute or rule with which the vessel did not comply.
(7) An inspector of the department may, upon the
presentation of his or her credentials to the owner, master,
operator, or agent in charge of a vessel, board the vessel
without delay to make an inspection. The inspector ((shall))
must inform the owner, master, operator, or agent in charge that
his or her intent is to inspect the vessel.
(8) During the inspection, the inspector ((shall)) must have
access to all areas of the vessel. The inspector may question
privately the owner, master, operator, or agent in charge of the
vessel, or any crew member of or passenger on the vessel.
(9) If any person refuses to allow an inspector to board a
vessel for an inspection, or refuses to allow access to any areas
of the vessel, the department may request a warrant from the
superior court for the county in which the vessel is located. The court ((shall)) will grant the warrant:
(a) If there is evidence that the vessel has sustained a fire, explosion, unintentional grounding, or has been involved in any other accident;
(b) If there is evidence that the vessel is not safe or seaworthy; or
(c) Upon a showing that the inspection furthers a general administrative plan for enforcing the safety requirements of the act.
(10) The owner or master of a vessel ((shall)) must post the
certificate of inspection behind glass in a conspicuous area of
the vessel.
(11) No person ((shall)) will operate a passenger vessel if
the vessel does not have a valid certificate of inspection.
[Statutory Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-115-025, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-025, filed 11/13/80.]
(1) The registered owner of passenger vessels or barges for hire is responsible to obtain an operator's license from the United States Coast Guard or the department for the master or operator of each vessel. A physical examination will be required.
(2) The department ((shall)) will penalize any person who
acts as a master or operator on a vessel without having first
received a United States Coast Guard or department license, or
without having a valid license in his or her possession, or upon
a vessel or class of vessels not specified in the license.
(3) The department may recommend suspension or revocation of
a license to the United States Coast Guard for intemperance,
((incompetency)) incompetence, or a negligent, reckless, or
willful disregard for duty.
[Statutory Authority: Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-115-030, filed 10/10/89, effective 11/24/89. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-030, filed 11/13/80.]
(1) Drydocking or hauling out.
Each vessel subject to the provisions in this section
((shall)) must be drydocked or hauled out at intervals not to
exceed ((twenty-four)) sixty months and the underwater hull and
appendages, propellers, shafting, stern bearings, rudders,
through-hull fittings, sea valves and strainers ((shall)) must be
examined to determine that these items are in satisfactory
condition. ((Refer to 46 CFR 176.15.))
(2) At the annual inspection the ((marine dock)) inspector
((shall)) must view the vessel afloat and conduct the following
tests and inspections of the hull:
(a) Hull exterior and interior, bulkheads, and weather deck.
(b) Examine and test by operation all watertight closures in the hull, decks, and bulkheads.
(c) Inspect all railings and bulwarks and their attachment to the hull.
(d) Inspect weathertight closures above the weather deck and
drainage or water from exposed decks and superstructure. ((Refer
to 46 CFR 176.25-5.))
(3) At the annual inspection the ((marine dock)) inspector
((shall)) will examine and test the following items:
(a) Main propulsion machinery.
(b) Engine starting system.
(c) Engine control mechanisms.
(d) Auxiliary machinery.
(e) Fuel systems.
(f) Sea valves and bulkhead closure valves.
(g) Bilge and drainage systems.
(h) Electrical system, including circuit protection. ((Refer to 46 CFR 176.25-10 and 176.25-15.))
(4) Lifesaving and fire extinguishing equipment. At each
annual inspection the ((marine dock)) inspector ((shall)) must
inspect the life saving and fire extinguishing equipment for
serviceability. ((Refer to 46 CFR 176.25-20 and 176.25-25.))
(5) Miscellaneous systems and equipment. At each annual
inspection the marine dock inspector ((shall)) must inspect and
test the vessel's steering apparatus, ground tackle, navigation
lights, sanitary facilities, pressure vessels, and any other
equipment aboard the vessel for serviceability and safety. ((Refer to 46 CFR 176.25-35, 176.25-40, and 176.25-45.))
[Statutory Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-115-035, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-035, filed 11/13/80.]
(1) Application.
(a) The requirements of this section ((shall)) apply to all
vessels contracted for construction on or after June 7, 1979.
(b) Vessels constructed before the effective date of this
chapter ((shall)) must be brought into substantial compliance
with the requirements of this section. Where deviation exists
and strict compliance is impractical, the director may grant a
temporary variance to allow a modification or a permanent
variance if the intent of subsection (1)(c) of this section is
met.
(c) The intent of the regulations in this part is to provide
for a sound, seaworthy vessel, reasonably fit for the service it
is intended to provide, and to ensure that the materials,
scantlings, fastenings, and workmanship meet this intent. Primary consideration ((shall)) must be given to the provision of
a seaworthy hull, protection against fire, means of escape in
case of casualty, guards and rails in hazardous places,
ventilation of closed spaces, and necessary facilities for
passengers and crew.
(2) Hull structure.
(a) In general, compliance with the standards of the United
States Coast Guard rules for small passenger vessels or with the
standards of a recognized classification society will be
considered satisfactory evidence of the structural adequacy of a
vessel. ((Refer to 46 CFR 177.10.))
(b) Special consideration will be given by the director to materials or structural requirements not contemplated by the standards of a recognized classification society.
(3) Watertight integrity and subdivision.
(a) All vessels carrying more than forty-nine passengers
((shall)) must have a collision bulkhead and watertight bulkheads
(or sufficient air tankage or other internal flotation) so the
vessel will remain afloat (with positive stability) with any one
main compartment flooded.
(b) All watertight bulkheads required by this part ((shall))
must be of substantial construction so as to be able to remain
watertight with water to the top of the bulkhead.
(c) Watertight bulkheads ((shall)) must extend intact to the
bulkhead deck. Penetrations ((shall)) must be kept to a minimum
and ((shall)) must be watertight.
(d) The weather deck on a flush deck vessel ((shall)) must
be watertight and ((shall)) must not obstruct overboard drainage.
(e) Cockpits ((shall)) must be watertight except that
companionways may be fitted if they are provided with watertight
coamings and weathertight doors. Also, ventilation openings may
be provided if they are situated as high in the cockpit as
possible and the opening height does not exceed two inches.
(f) Cockpits ((shall)) must be self-bailing. The scuppers
installed for this purpose ((shall)) must be located so as to be
effective considering probable list and trim.
(g) Well decks ((shall)) must be watertight. Freeing ports
may be installed if the provisions of ((46 CFR 178.30))
applicable United States Coast Guard standards are followed.
(h) On vessels operating on protected waters, hatches may be
weathertight. All hatches ((shall)) must be provided with covers
capable of being secured.
(i) The number of openings in the vessel's sides below the
weather deck ((shall)) must be kept to a minimum.
(j) Any openings in a vessel's sides, such as portlights,
((shall)) must comply with ((46 CFR 178.40)) applicable United
States Coast Guard standards.
(4) Stability.
(a) All vessels subject to the provisions of this section
((shall)) must have a stability test, except that the director
may dispense with the requirements for a test if he deems that a
test is not required, on the basis of sufficient evidence
provided by the owner that the vessel's stability is satisfactory
for the service for which it is intended. ((Refer to 46 CFR
179.05-1.))
(b) A letter stating that the vessel has met the stability
requirements of this part ((shall)) must be posted in the
pilothouse of each vessel. ((Refer to 46 CFR 179.20.))
[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-040, filed 11/13/80.]
(1) Application.
(a) The following rules are applicable to all vessels operated within the scope of this chapter.
(b) Where an existing vessel does not comply with a particular requirement of this section, the director may grant a temporary variance to allow time for modifications to be made.
(c) Where an existing vessel does not ((exactly)) comply
with a specific requirement contained herein but the degree of
protection afforded is judged to be adequate for the service in
which the vessel is used, the director may grant a permanent
variance.
(2) Lifesaving equipment. Where equipment required by this
section is required to be of an approved type, the equipment is
required to be approved by the USCG. ((Refer to 46 CFR 180.05.))
(3) Lifesaving equipment required.
(a) All vessels carrying passengers ((shall)) must carry
life floats or buoyant apparatus for all persons on board.
(b) All life floats or buoyant apparatus ((shall)) must be
international orange in color.
(c) In the case of vessels operating not more than one mile from land, the director may permit operation with reduced amounts of life floats or buoyant apparatus, when, in his opinion, it is safe to do so.
(d) Lifeboats, life rafts, dinghies, dories, skiffs, or similar type craft may be substituted for the required life floats or buoyant apparatus if the substitution is approved by the director.
(e) Life floats, buoyant apparatus, or any authorized
substitute ((shall)) must have the following equipment:
(i) A life line around the sides at least equivalent to 3/8-inch manila, festooned in bights of at least three feet, with a seine float in the center of each bight.
(ii) Two paddles or oars not less than four feet in length.
(iii) A painter of at least thirty feet in length and of at
least two-inch manila or the equivalent. ((Refer to 46 CFR
180.10.))
(f) All vessels ((shall)) must have an approved adult type
life preserver for each person carried, with at least ten percent
additional of a type suitable for children.
(g) Life preservers ((shall)) must be stowed in readily
accessible places in the upper part of the vessel, and each life
preserver shall be marked with the vessel's name. ((Refer to 46
CFR 180.25.))
(h) All vessels ((shall)) must carry at least one life ring
buoy of an approved type with sixty feet of line attached.
(i) The life ring buoy ((shall)) must be carried in a
readily accessible location and ((shall)) must be capable of
being cast loose at any time. ((Refer to 46 CFR 180.30.))
(4) Fire protection.
(a) The general construction of a vessel ((shall)) must
minimize fire hazards. ((Refer to 46 CFR 177.10-5.))
(b) Internal combustion engine exhausts, boiler and galley
uptakes, and similar sources of ignition ((shall)) must be kept
clear of and suitably insulated from woodwork or other
combustible material.
(c) Lamp, paint, and oil lockers and similar storage areas
for flammable or combustible liquids ((shall)) must be
constructed of metal or lined with metal.
(5) Fire protection equipment. Equipment required by this
section, when required to be of an approved type, ((shall)) must
be of a type approved by the USCG or other agency acceptable to
the director. ((Refer to 46 CFR 181.05.))
(6) Fire pumps.
(a) All vessels carrying more than forty-nine passengers
((shall)) must carry an approved power fire pump, and all other
vessels ((shall)) must carry an approved hand fire pump. These
pumps ((shall)) must be provided with a suitable suction and
discharge hose. These pumps may also serve as bilge pumps.
(b) Vessels required to have a power fire pump ((shall))
must also have a fire main system, including fire main, hydrants,
hose, and nozzles. The fire hose may be a good commercial grade
garden hose of not less than 5/8 inch size. ((Refer to 46 CFR
181.10.))
(7) Fixed fire extinguishing system.
(a) All vessels powered by internal combustion engines using
gasoline or other fuel having a flashpoint of 110°F or lower,
((shall)) must have a fixed fire extinguishing system to protect
the machinery and fuel tank spaces.
(b) This system ((shall)) must be an approved type using
carbon dioxide and have a capacity sufficient to protect the
space.
(c) Controls for the fixed system ((shall)) must be
installed in an accessible location outside the space protected. ((Refer to 46 CFR 181.20.))
(8) Fire axe. All vessels ((shall)) must have one fire axe
located in or near the pilothouse. ((Refer to 46 CFR 181.35-1.))
(9) Portable fire extinguishers.
(a) All vessels ((shall)) must have a minimum number of
portable fire extinguishers of an approved type. The number
required ((shall)) will be determined by the director.
(b) Portable fire extinguishers ((shall)) must be inspected
at least once a month. Extinguishers found defective ((shall))
must be serviced or replaced.
(c) Portable fire extinguishers ((shall)) must be serviced
at least once a year. The required service ((shall)) must
consist of discharging and recharging foam and dry chemical
extinguishers and weighing and inspecting carbon dioxide
extinguishers.
(d) Portable fire extinguishers ((shall)) must be
hydrostatically tested at intervals not to exceed those specified
in WAC ((296-24-59007 (4)(c) and Table L-3)) 296-24-59211(2) and
Table I (after August 31, 2001, see WAC 296-800-300).
(e) Portable fire extinguishers of the vaporizing liquid
type such as carbon tetrachloride and other toxic vaporizing
liquids are prohibited and ((shall)) must not be carried on any
vessel.
(f) Portable fire extinguishers ((shall)) must be mounted in
brackets or hangers near the space protected. The location
((shall)) must be marked in a manner satisfactory to the
director. ((Refer to 46 CFR 181.30.))
(10) Means of escape.
(a) Except as otherwise provided in this section, all
vessels ((shall)) must be provided with not less than two avenues
of escape from all general areas accessible to the passengers or
where the crew may be quartered or normally employed. The
avenues ((shall)) must be located so that if one is not available
the other may be. At least one of the avenues should be
independent of watertight doors.
(b) Where the length of the compartment is less than twelve feet, one vertical means of escape will be acceptable under the following conditions:
(i) There is no source of fire in the space, such as a galley stove or heater and the vertical escape is remote from the engine and fuel tank space; or
(ii) The arrangement is such that the installation of two means of escape does not materially improve the safety of the vessel or those aboard.
(11) Ventilation.
(a) All enclosed spaces within the vessel ((shall)) must be
properly vented or ventilated. Where such openings would
endanger the vessel under adverse weather conditions, means
((shall)) must be provided to close them.
(b) All crew and passenger space ((shall)) must be
adequately ventilated in a manner suitable to the purpose of the
space. ((Refer to 46 CFR 117.20-5.))
(12) Crew and passenger accommodations.
(a) Vessels with crew members living aboard ((shall)) must
have suitable accommodations.
(b) Vessels carrying passengers ((shall)) must have fixed
seating for the maximum number of passengers permitted to be
carried.
(c) Fixed seating ((shall)) must be installed with spacing
to provide for ready escape in case of fire or other casualty.
(d) Fixed seating ((shall)) must be installed as follows,
except that special consideration may be given by the director if
escape over the side can be readily accomplished through windows
or other openings in the way of the seats:
(i) Aisles not over fifteen feet long ((shall)) must be not
less than twenty-four inches wide.
(ii) Aisles over fifteen feet long ((shall)) must be not
less than thirty inches wide.
(iii) Where seats are in rows the distance from seat front
to seat front ((shall)) must be not less than thirty inches.
(e) Portable or temporary seating may be installed but
((shall)) must be arranged in general as provided for fixed
seating. ((Refer to 46 CFR 177.25 and 177.30.))
(13) Toilet facilities and drinking water.
(a) Vessels ((shall)) must be provided with toilets and wash
basins as specified in WAC 296-24-12007 and 296-24-12009 (after
August 31, 2001, see WAC 296-800-300), except that in the case of
vessels used exclusively on short runs of approximately thirty
minutes or less, the director may approve other arrangements.
(b) All toilets and wash basins ((shall)) must be fitted
with adequate plumbing. Facilities for men and women ((shall))
must be in separate compartments, except in the case of vessels
carrying forty-nine passengers and less, the director may approve
other arrangements.
(c) Potable drinking water ((shall)) must be provided for
all passengers and crew. The provisions of WAC 296-24-12005
((shall apply)) applies through August 31, 2001, after August 31,
2001, see WAC 296-800-300.
(d) Covered trash containers ((shall)) must be provided in
passenger areas. ((Refer to 46 CFR 177.30-5 and 7.))
(14) Rails and guards.
(a) Except as otherwise provided in this section, rails or
equivalent protection ((shall)) must be installed near the
periphery of all weather decks accessible to passengers and
crews. Where space limitations make deck rails impractical, such
as at narrow catwalks in the way of deckhouse sides, hand grabs
may be substituted.
(b) Rails ((shall)) must consist of evenly spaced courses. The spacing ((shall)) must not be greater than twelve inches
except as provided in ((subdivision (f) of this subsection)) WAC 296-115-050 (14)(f). The lower rail courses may not be required
where all or part of the space below the upper rail course is
fitted with a bulwark, chain link fencing, wire mesh or the
equivalent.
(c) On passenger decks of vessels engaged in ferry or
excursion type operation, rails ((shall)) must be at least
forty-two inches high. The top rail ((shall)) must be pipe,
wire, chain, or wood and ((shall)) must withstand at least two
hundred pounds of side loading. The space below the top rail
((shall)) must be fitted with bulwarks, chain link fencing, wire
mesh, or the equivalent.
(d) On vessels in other than passenger service, the rails
((shall)) must be not less than thirty-six inches high, except
that where vessels are used in special service, the director may
approve other arrangements, but in no case less than thirty
inches.
(e) Suitable storm rails or hand grabs ((shall)) must be
installed where necessary in all passageways, at deckhouse sides,
and at ladders and hatches where passengers or crew might have
normal access.
(f) Suitable covers, guards, or rails ((shall)) must be
installed in the way of all exposed and hazardous places such as
gears or machinery. (See WAC 296-24-150 for detailed
requirements.) ((Refer to 46 CFR 177.3.))
(15) Machinery installation. (((Refer to 46 CFR 182.)))
(a) Propulsion machinery. (((Refer to 46 CFR 182.05.)))
(i) Propulsion machinery ((shall)) must be suitable in type
and design for the propulsion requirements of the hull in which
it is installed. Installations meeting the requirements of the
USCG or other classification society will be considered
acceptable to the director.
(ii) Installations using gasoline as a fuel ((shall)) must
meet the requirements of ((46 CFR 182.15)) applicable USCG
standards.
(iii) Installations using diesel fuel ((shall)) must meet
the requirements of ((46 CFR 182.20)) applicable USCG standards.
(b) Auxiliary machinery and bilge systems. (((Refer to 46
CFR 182.10 and 182.25.)))
(i) All vessels ((shall)) must be provided with a suitable
bilge pump, piping and valves for removing water from the vessel.
(ii) Vessels carrying more that forty-nine passengers
((shall)) must have a power operated bilge pump. The source of
power ((shall)) must be independent of the propulsion machinery. Other vessels ((shall)) must have a hand operated bilge pump, but
may have a power operated pump if it is operated by an
independent power source.
(c) Steering apparatus and miscellaneous systems. (((Refer
to 46 CFR 182.30.)))
(i) All vessels ((shall)) must be provided with a suitable
steering apparatus.
(ii) All vessels ((shall)) must be provided with navigation
lights and shapes, whistles, fog horns, and fog bells as required
by ((law and regulation)) the USCG rules of navigation.
(iii) All vessels ((shall)) must be equipped with a suitable
number of portable battery lights for emergency purposes.
(d) Electrical installations. The electrical installations
of all vessels ((shall)) must be at least equal to ((46 CFR 183))
applicable USCG standards, or as approved by the director.
[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-050, filed 11/13/80.]
(1) This section ((shall
apply)) applies to all passenger vessel operations within the
scope of this chapter.
(2) No person ((shall)) will rent, lease, or hire out a
charter boat, nor carry, advertise for the carrying of, nor
arrange for the carrying of, more than six passengers on a vessel
for a fee or other consideration on the ((inland navigable))
waters of the state unless((:)) the vessel is in compliance with
the provisions of this chapter.
(3) Notice of casualty. (((Refer to 46 CFR 185.15.)))
(a) The owner or person in charge of any vessel involved in
a marine accident or casualty involving any of the following
((shall)) must report the incident immediately to the department.
(i) Damage to property in excess of one thousand five hundred dollars.
(ii) Major damage affecting the seaworthiness or safety of the vessel.
(iii) Loss of life or an injury to a person that incapacitates the person for more than seventy-two hours.
(b) The report ((shall)) must be in writing to the director
and upon receipt of the report the director may request an
investigation by a marine dock inspector.
(4) Miscellaneous operating requirements. (((Refer to 46
CFR 185.20.)))
(a) In the case of collision, accident, or other casualty
involving a vessel the operator, ((shall)) must, so far as he can
do so without serious danger to his own vessel or persons aboard,
render any necessary assistance to other persons affected by the
collision, accident, or casualty to save them from danger. He
((shall)) must also give his name and address and the name of his
vessel to any person injured and to the owner of any property
damaged.
(b) The person in charge of the vessel ((shall)) must see
that the provisions of the certificate of inspection are strictly
adhered to. This ((shall)) will not be construed as limiting the
person in charge from taking any action in an emergency that he
deems necessary to help vessels in distress or to prevent loss of
life.
(c) Persons operating vessels ((shall)) must comply with the
provisions of the USCG rules of the road for inland waters. (((Refer to USCG publication 169.)))
(d) The operator of a vessel ((shall)) must test the
vessel's steering gear, signaling whistle, controls, and
communication system before getting under way for the day's
operation.
(e) Vessels using fuel having a flashpoint of 110°F or lower
((shall)) must not take on fuel when passengers are on board.
(f) All vessels ((shall)) must enforce "no smoking"
provisions when fueling. Locations on the vessel where flammable
or combustible liquids are stored ((shall)) must be posted "no
smoking."
(g) All vessels ((shall)) must prepare and post emergency
check-off lists in a conspicuous place accessible to crew and
passengers, covering the following:
(i) Man overboard.
(ii) Fire.
(h) The persons in charge ((shall)) must conduct emergency
drills to ensure that the crew is familiar with their duties in
an emergency.
(i) The carriage of hazardous substances is prohibited on vessels. However, the director may authorize a vessel to carry specific types and quantities of hazardous substances if he deems it necessary.
(j) All areas accessible to passengers or crew ((shall))
must be kept in a clean and sanitary condition. All walking
surfaces ((shall)) must be free of slipping or tripping hazards
and in good repair.
(5) First-aid training. There ((shall)) must be present or
available on all passenger vessels at all times, a person holding
a valid certificate of first-aid training.
(6) Valid certification ((shall)) must be achieved by
passing a course of first-aid instruction and participation in
practical application of the following subject matter.
Bleeding control and bandaging.
Practical methods of artificial respiration, including mouth to mouth and mouth to nose resuscitation.
Closed chest heart massage.
Poisons.
Shock, unconsciousness, stroke.
Burns, scalds.
Sunstroke, heat exhaustion.
Frostbite, freezing, hypothermia.
Strains, sprains, hernias.
Fractures, dislocations.
Proper transportation of the injured.
Bites, stings.
Subjects covering specific health hazards likely to be encountered by co-workers of first-aid students enrolled in the course.
(7) First-aid equipment. A first-aid kit or first-aid room
((shall)) must be provided on all passenger vessels. The size
and quantity of first-aid supplies or equipment required
((shall)) must be determined by the number of persons normally
dependent upon each kit or equipment. The first-aid kit or
supplies ((shall)) must be in a weatherproof container with
individually sealed packages for each type of item. The
first-aid station or kit location ((shall)) must be posted or on
the container.
[Statutory Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-115-060, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-060, filed 11/13/80.]
The operation and
navigation of all vessels subject to this chapter ((shall)) must
be in strict accordance with the United States Coast Guard
Navigation Rules International/Inland, Commandants Instruction
M16672.29 as now adopted, or hereafter legally amended by the
United States Coast Guard.
(1) A copy of the United States Coast Guard Navigation Rules
International/Inland, Commandants Instruction M16672.29,
((shall)) must be on board all vessels subject to this chapter at
all times when the vessel is under way.
(2) At least annually, where applicable, the operator of
each vessel ((shall)) must "swing the vessel" to determine the
actual compass readings in relation to true compass headings, and
((shall)) must maintain a record on board the vessel.
[Statutory Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-115-070, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-070, filed 11/13/80.]
(1)
Violations of the mandatory provisions of this chapter ((shall))
will be subject to penalty. The amount of the penalty will be
assessed in accordance with the guidelines and fixed schedules
contained herein.
(2) Fixed schedule penalties.
(a) Failure to display certificate of inspection as required: Fifty dollars to owner of the vessel.
(b) Operation of vessel in passenger service without a valid certificate of inspection: To owner of vessel, two hundred dollars per violation; to person who operates vessel, one hundred dollars per violation.
(c) Operation of vessel in passenger service while not in possession of valid USCG/state of Washington operator's license: One hundred dollars per violation to owner of vessel.
[Statutory Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-115-100, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-100, filed 11/13/80.]