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(continued) rs, in which case the minimum tread width must be at least 710 millimeters (28 inches).
(4) If more than one stairtower serves a main vertical zone, the number of persons in that main vertical zone may be distributed among the stairtowers.
[CGD 85–080, 61 FR 900, Jan. 10, 1996; 61 FR 20556, May 7, 1996, as amended at 62 FR 51350, Sept. 30, 1997; USCG 1998–4442, 63 FR 52191, Sept. 30, 1998; USCG–2002–13058, 67 FR 61729, Sept. 30, 2002; USCG–2004–18884, 69 FR 58348, Sept. 30, 2004]
§ 116.439 Balconies.
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(a) An accommodation space containing a balcony must meet the requirements of this section.
(b) Each level of a space containing a balcony must have two independent means of escape that meet the requirements of §116.500 of this part.
(c) For the purpose of main vertical zone bulkhead spacing requirements, the length of the space to which the balcony opens is considered to be increased by an amount equal to the gross area of the balcony divided by the average width of the space. If this equivalent main vertical zone length exceeds 40 meters (131 feet), the space must meet the requirements of paragraph (d) of this section. The actual length of the space may not exceed 40 meters (131 feet).
(d) If the equivalent main vertical zone length under paragraph (c) of this section exceeds 40 meters (131 feet), both decks connected by the balcony must be protected with an automatic sprinkler system meeting NFPA 13.
(e) If the unobstructed balcony opening area is less than 93 square meters (1,000 square feet), the opening must be protected in accordance with NFPA 13 or other standard specified by the Commandant. The horizontal projection area of stairs, escalators, statues, or other obstructions must be subtracted from the total balcony opening area for purposes of computation of unobstructed balcony opening area.
[CGD 85–080, 61 FR 900, Jan. 10, 1996, as amended at 62 FR 51350, Sept. 30, 1997; 62 FR 64305, Dec. 5, 1997]
§ 116.440 Atriums.
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(a) The atrium opening area must be a minimum of 93 square meters (1000 square feet) or 20% of the gross deck area of the largest deck within the accommodation space containing the atrium, whichever is smaller.
(1) Each side of an atrium opening must be a minimum of 6.1 meters (20 feet) in length. If the opening is circular or ellipsoid, it must measure at least 6.1 meters (20 feet) across in any direction.
(2) Any deck opening within an atrium must fit wholly within the horizontal projection of any deck opening of an upper deck.
(3) The horizontal projection area of stairs, escalators, statues, etc. within the atrium shall not be included for purposes of computation of atrium opening area.
(b) The entire main vertical zone containing an atrium must be protected throughout with a smoke detection system of an approved type which is installed in accordance with §76.33 in subchapter H of this chapter. However, on vessels with no overnight passenger accommodations, smoke detectors may be omitted from the accommodation space containing the atrium.
(c) The entire main vertical zone containing an atrium must be protected with an automatic sprinkler system meeting NFPA 13.
(d) The atrium must be provided with a smoke extraction system that complies with either:
(1) The smoke extraction system must be capable of exhausting the entire volume of the space within 10 minutes. The smoke extraction system must be capable of being activated by both the smoke detection system and by manual control, and designed with sufficient plenum air openings to prevent excessive negative air pressure in the atrium; or,
(2) The smoke extraction system may be designed in accordance with the principles of NFPA 92B “Smoke Management Systems in Malls, Atria, and Large Areas.”
(e) Each level within the atrium must have two independent means of escape that comply with §116.500 of this part. At least one of the means of escape must be a stairtower.
[CGD 85–080, 61 FR 900, Jan. 10, 1996, as amended at 62 FR 51350, Sept. 30, 1997]
Subpart E—Escape and Embarkation Station Requirements
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§ 116.500 Means of escape.
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(a) Except as otherwise provided in this section, each space accessible to passengers or used by the crew on a regular basis, must have at least two means of escape, one of which must not be a watertight door.
(b) The two required means of escape must be widely separated and, if possible, at opposite ends or sides of the space to minimize the possibility of one incident blocking both escapes.
(c) Subject to the restrictions of this section, means of escape may include normal exits and emergency exits, passageways, stairways, ladders, deck scuttles, and windows.
(d) The number and dimensions of the means of escape from each space must be sufficient for rapid evacuation in an emergency for the number of persons served as determined using §116.438(n)(2) of this part.
(e) The dimensions of a means of escape must be such as to allow easy movement of persons when wearing life jackets. There must be no protrusions in means of escape that could cause injury, ensnare clothing, or damage life jackets.
(f) The minimum clear opening of a door or passageway used as a means of escape must not be less than 810 millimeters (32 inches) in width, however, doors or passageways used solely by crew members must have a clear opening not less than 710 millimeters (28 inches). The sum of the width of all doors and passageways used as means of escape from a space must not be less than 8.4 millimeters (0.333 inches) multiplied by the number of passengers for which the space is designed.
(g) A dead end passageway, or the equivalent, of more than 6.1 meters (20 feet) in length is prohibited.
(h) The maximum allowable travel distance, measured as actual walking distance from the most remote point in a space to the nearest exit, must not be more than 46 meters (150 feet).
(i) Each door, hatch, or scuttle, used as a means of escape, must be capable of being opened by one person, from either side, in both light and dark conditions. The method of opening a means of escape must be obvious, rapid, and of adequate strength. Handles and securing devices must be permanently installed and not capable of being easily removed. With the exception of individual staterooms, a door, hatch or scuttle must open towards the expected direction of escape from the space served.
(j) A means of escape that is not readily apparent to a person from both inside and outside the space must be adequately marked in accordance with §122.606 of this subchapter.
(k) A ladder leading to a deck scuttle may not be used as a means of escape except:
(1) On a vessel of not more than 19.8 meters (65 feet) in length, a vertical ladder and a deck scuttle may be used as not more than one of the means of escape from a passenger accommodation space; or
(2) As not more than one of the means of escape from any crew accommodation space or work space.
(l) Each ladder used as a means of escape must be mounted at least 180 millimeters (7 inches) from the nearest permanent object in back of the ladder. Rungs must be:
(1) At least 405 millimeters (16 inches) in width; and
(2) Not more than 305 millimeters (12 inches) apart, and uniformly spaced for the length of the ladder with at least 113 millimeters (4.5 inches) clearance above each rung.
(m) When a deck scuttle serves as a means of escape, it must not be less than 455 millimeters (18 inches) in diameter and must be fitted with a quick acting release and a holdback device to hold the scuttle in an open position.
(n) Footholds, handholds, ladders, and similar means provided to aid escape, must be suitable for use in emergency conditions, of rigid construction, and permanently fixed in position, unless they can be folded, yet brought into immediate service in an emergency.
(o) On a vessel of not more than 19.8 meters (65 feet) in length, a window or windshield of sufficient size and proper accessibility may be used as one of the required means of escape from an enclosed space, provided it:
(1) Does not lead directly overboard;
(2) Can be opened or is designed to be kicked or pushed out; and
(3) Is suitably marked.
(p) Only one means of escape is required from a space where:
(1) The space has a deck area less than 30 square meters (322 square feet);
(2) There is no stove, heater, or other source of fire in the space;
(3) The means of escape is located as far as possible from a machinery space or fuel tank; and
(4) If an accommodation space, the single means of escape does not include a deck scuttle or a ladder.
(q) Alternative means of escape from spaces may be provided if acceptable to the Commanding Officer, Marine Safety Center.
[CGD 85–080, 61 FR 900, Jan. 10, 1996; 61 FR 20556, May 7, 1996, as amended by CGD 97–057, 62 FR 51047, Sept. 30, 1997; CGD 85–080, 62 FR 51350, Sept. 30, 1997; 62 FR 64305, Dec. 5, 1997; USCG 1998–4442, 63 FR 52191, Sept. 30, 1998]
§ 116.510 Embarkation stations.
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(a) A vessel must have a least two designated embarkation stations on the embarkation deck of each main vertical zone, and at least one on each side of the vessel.
(b) Embarkation stations and approaches thereto must:
(1) Be areas that are easily traversed;
(2) Be provided with handholds; and
(3) Be well illuminated.
(c) Each embarkation station must be arranged to allow the safe boarding of survival craft. They must not be located in areas where rolling of the vessel could cause contact between the propeller(s) and survival craft. Bulwarks, handrails, and lifelines must be fitted with openings that are normally closed but that may be opened while survival craft are being boarded, allowing passengers to pass through rather than climb over.
[CGD 85–080, 61 FR 900, Jan. 10, 1996, as amended by CGD 97–057, 62 FR 51047, Sept. 30, 1997]
§ 116.520 Emergency evacuation plan.
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The owner or managing operator shall prepare an evacuation plan that must:
(a) Identify possible casualties involving fires or flooding, including a fire in the largest capacity passenger space in each main vertical zone;
(b) Provide procedures for evacuating all affected spaces for each casualty identified as required by paragraph (a) of this section without abandoning the vessel, including—
(1) Identify readily accessible areas of refuge for the maximum number of persons allowed aboard the vessel. The capacity for an area of refuge may not exceed the number of persons specified in §116.438(n)(2) of this part, except that one person may be permitted for each 0.28 square meters (3 square feet) of deck area; and
(2) Identify at least two means of escape complying with §114.400 from the space being evacuated; and
(c) Include procedures to evacuate passengers from the vessel using an abandon ship plan, considering the number of passengers and the vessel's route. The abandon ship plan must identify at least one escape route from each area of refuge to each embarkation station required by §116.510 of this part.
[CGD 85–080, 61 FR 900, Jan. 10, 1996, as amended at 62 FR 51350, Sept. 30, 1997; USCG 1998–4442, 63 FR 52191, Sept. 30, 1998]
§ 116.530 Fire control plan.
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A fire control plan must be posted on the vessel in a location that is accessible and visible to all passengers. The plan must show escape routes, areas of refuge, embarkation stations, the location of fire protection/emergency equipment, compartment titles and hazard classification of accommodation and service spaces, and structural fire protection boundaries.
Subpart F—Ventilation
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§ 116.600 Ventilation of enclosed and partially enclosed spaces.
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(a) An enclosed or partially enclosed space within a vessel must be adequately ventilated in a manner suitable for the purpose of the space.
(b) A power ventilation system must be capable of being shut down from the pilot house.
(c) An enclosed passenger or crew accommodation space and any other space occupied by a crew member on a regular basis must be ventilated by a power ventilation system unless natural ventilation in all ordinary weather conditions is satisfactory to the OCMI.
(d) An exhaust duct over a frying vat or a grill must be at least 11 U.S. Standard Gauge (USSG) steel.
[CGD 85–080, 61 FR 900, Jan. 10, 1996, as amended at 62 FR 51350, Sept. 30, 1997]
§ 116.610 Ventilation ducts.
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(a) For the purposes of this section, a ventilation duct includes any type of piping, chamber, or conduit used for ventilation.
(b) A ventilation duct, and materials incidental to its installation, must be made of noncombustible material.
(c) Combustibles and other foreign materials are not allowed within ventilation ducts. However, metal piping and electrical wiring installed in a metal protective enclosure may be installed within ventilation ducts, provided that the piping or the wiring does not interfere with the operation of fire dampers. Electrical wiring and piping may not be installed in an exhaust duct over a frying vat or grill.
(d) Suitable means, such as a manual damper, automatic damper, or vent cover, must be provided in an accessible location outside the space served by the ventilation duct for shutting off the passage of air through the ventilation duct in the event of fire.
(e) A ventilation duct must not serve more than one main vertical zone; penetrations of main vertical zones must be minimized.
(f) A ventilation duct penetrating an A-Class or B-Class fire control boundary must meet the following requirements:
(1) A ventilation duct must meet the same requirements relative to the passage of smoke and flame as the fire control boundary penetrated;
(2) A steel duct penetrating an A-Class fire control boundary must be of at least 11 USSG, and a steel duct penetrating a B-Class bulkhead or deck must be of at least 16 USSG;
(3) A duct penetrating a main vertical zone bulkhead must be fitted with an automatic fire damper at the main vertical zone bulkhead;
(4) A duct penetrating an A-Class fire control boundary and opening into a space formed by that boundary must be equipped with a fire damper;
(5) A steel duct that penetrates an A-Class fire control boundary other than a main vertical zone bulkhead, and does not open within the space formed by the boundary need not be fitted with a fire damper provided the duct is at least 11 USSG throughout that space;
(6) A duct penetrating an insulated fire control boundary must be fitted with insulation of the same type and thickness as the boundary penetrated for a distance of at least 305 millimeters (12 inches) on the insulated side of the boundary. A fire damper blade need not be insulated; and
(7) Ducts serving cargo spaces, machinery spaces, or vehicles spaces must be fitted with automatic fire dampers.
(g) Fire dampers, where required by this section, must comply with the following requirements;
(1) A fire damper and casing must be at least 11 USSG and not more than 3.2 millimeters (0.125 inch) gap between the blade and casing;
(2) A fire damper must close against the draft in the duct and be accessible for periodic inspection by means of a hinged or bolted plate in the duct and surrounding bulkhead or deck, if fitted;
(3) Fire damper springs, blades, and hinges must be of stainless steel construction or of steel suitably coated to prevent corrosion;
(4) Fire dampers must be capable of manual operation from outside the space served, be fitted with an indicator showing whether the damper is open or closed, and be marked with red letters of at least 12.7 millimeters (0.5 inches) in height stating “VENTILATION FIRE DAMPER”; and
(5) An automatic fire damper must meet the above requirements and must be designed to operate at 74°C (165°F) for normal locations and approximately 100°C (212°F) for locations such as galleys.
(h) A ventilation duct serving a stairtower must not serve another space.
[CGD 85–080, 61 FR 900, Jan. 10, 1996, as amended at 62 FR 51350, Sept. 30, 1997]
§ 116.620 Ventilation of machinery and fuel tank spaces.
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In addition to the requirements of this subpart, ventilation systems for spaces containing machinery or fuel tanks must comply with the requirements of Part 119 of this chapter.
Subpart G—Crew Spaces
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§ 116.700 General requirements.
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(a) A crew accommodation space and a work space must be of sufficient size, adequate construction, and with suitable equipment to provide for the safe operation of the vessel and the protection and accommodation of the crew in a manner practicable for the size, facilities, service, route, speed, and modes of operation of the vessel.
(b) The deck above a crew accommodation space must be located above the deepest load waterline.
§ 116.710 Overnight accommodations.
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Overnight accommodations must be provided for all crew members if the vessel is operated more than 12 hours in a 24 hour period, unless the crew is put ashore and the vessel is provided with a new crew.
§ 116.730 Crew accommodations on vessels of more than 19.8 meters (65 feet) in length with overnight accommodations for more than 49 passengers.
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A crew accommodation space on a vessel of more than 19.8 meters (65 feet) in length with overnight accommodations for more than 49 passengers must comply with §§72.20–10; 72.20–15; 72.20–20(d); 72.20–25 (a) and (d) 72.20–30; 72.20–35; 72.20–45; 72.20–50; and 72.20–55 in subchapter H of this chapter.
[CGD 85–080, 61 FR 900, Jan. 10, 1996, as amended by USCG–2000–7790, 65 FR 58462, Sept. 29, 2000; USCG–2002–13058, 67 FR 61729, Sept. 30, 2002]
Subpart H—Passenger Accommodations
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§ 116.800 General requirements.
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(a) All passenger accommodations must be arranged and equipped to provide for the safety of the passengers in consideration of the route, modes of operation, and speed of the vessel.
(b) The height of ceilings in a passenger accommodation space, including aisles and passageways, must be at least 1880 millimeters (74 inches), but may be reduced at the sides of a space to allow for camber, wiring, ventilation ducts, and piping.
(c) A passenger accommodation space must be maintained to minimize fire and safety hazards and to preserve sanitary conditions. Aisles must be kept clear of obstructions.
(d) A passenger accommodation space must not contain:
(1) Electrical generation equipment or transformers, high temperature parts, pipelines, rotating assemblies, or any other item that could injure a passenger, unless such an item is adequately shielded or isolated; or
(2) A control for operating the vessel, unless the control is so protected and located that operation of the vessel by a crew member will not be impeded by a passenger during normal or emergency operations.
(e) The deck above a passenger accommodation space must be located above the deepest load waterline.
(f) A variation from a requirement of this subpart may be authorized by the Commanding Officer, Marine Safety Center for an unusual arrangement or design provided there is no significant reduction of space, accessibility, safety, or sanitation.
§ 116.810 Overnight accommodations.
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(a) A berth must be provided for each passenger authorized to be carried in overnight accommodation spaces. Each berth must measure at least 1880 millimeters (74 inches) by 610 millimeters (24 inches) and have at least 610 millimeters (24 inches) of clear space above.
(b) Berths must not be located more than three high and must be constructed of wood, fiber reinforced plastic, or metal. A berth located more than 1,525 millimeters (60 inches) above the deck must be fitted with a suitable aid for access.
(c) The construction and arrangement of berths and other furniture must allow free and unobstructed access to each berth. Each berth must be immediately adjacent to an aisle leading to a means of escape from the accommodation space. As aisle alongside a berth must be at least 610 millimeters (24 inches) wide. An aisle joining two or more aisles in an overnight accommodation space must be at least 1,065 millimeters (42 inches) wide.
[CGD 85–080, 61 FR 900, Jan. 10, 1996, as amended at 62 FR 51350, Sept. 30, 1997]
§ 116.820 Seating.
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(a) A seat must be provided for each passenger permitted in a space for which the fixed seating criterion in §115.113(b)(3) of this subchapter has been used to determine the number of passengers permitted.
(b) A seat must be constructed to minimize the possibility of injury and avoid trapping occupants.
(c) Installation of seats must provide for ready escape.
(d) Seats, including fixed, temporary, or portable seats, must be arranged as follows:
(1) An aisle of not more than 3.8 meters (15 feet) in overall length must be not less than 610 millimeters (24 inches) in width.
(2) An aisle of more than 3.8 meters (15 feet) in overall length must be not less than 760 millimeters (30 inches) in width.
(3) Where seats are in rows, the distance from seat front to seat front must be not less than 760 millimeters (30 inches) and the seats must be secured to a deck or bulkhead.
(4) Seats used to determined the number of passengers permitted, in accordance with §115.113(b)(3) of this subchapter, must be secured to the deck, bulkhead, or bulwark.
[CGD 85–080, 61 FR 900, Jan. 10, 1996, as amended by CGD 97–057, 62 FR 51047, Sept. 30, 1997]
Subpart I—Rails and Guards
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§ 116.900 Deck rails.
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(a) Except as otherwise provided in this section, rails or equivalent protection must be installed near the periphery of all decks of a vessel accessible to passengers or crew. Equivalent protection may include lifelines, wire rope, chains, and bulwarks, that provide strength and support equivalent to fixed rails. Deck rails must include a top rail with the minimum height required by this section, and lower courses or equivalent protection as required by this section.
(b) Deck rails must be designed and constructed to withstand a point load of 91 kilograms (200 pounds) applied at any point in any direction, and a uniform load of 74 kilograms per meter (50 pounds per foot) applied to the top rail in any direction. The point and uniform loads do not need to be applied simultaneously.
(c) Where space limitations make deck rails impractical for areas designed for crew use only, such as at narrow catwalks in way of deckhouse sides, hand grabs may be substituted.
(d) The height of top rails required by paragraph (a) of this section must be as follows:
(1) Rails on passenger decks of a ferry or a vessel engaged in excursion trips, including but not limited to sightseeing trips, dinner and party cruises, and overnight cruises, must be at least 1,000 millimeters (39.5 inches) high.
(2) Rails on a vessel subject to the 1966 International Convention on Load Lines must be at least 1,000 millimeters (39.5 inches) high.
(3) All other rails must be at least 910 millimeters (36 inches) high.
(e) A sailing vessel, an open boat, or any other vessel not specifically covered elsewhere in this section, must have rails of a minimum height or equivalent protection as considered necessary by the cognizant OCMI, based on the vessel's operation, route, and seating arrangement.
(f) Rail courses or an equivalent must be installed between a top rail required by paragraph (a) of this section and the deck so that no open space exists that is more than 305 millimeters (12 inches) high, except:
(1) On passenger decks of a ferry or of a vessel on an excursion trip one of the following must be installed:
(i) Bulwarks;
(ii) Chain link fencing or wire mesh that has openings of not more than 100 millimeters (4 inches) in diameter; or
(iii) Bars, slats, rail courses, or an equivalent spaced at intervals of not more than 100 millimeters (4 inches).
(2) On a vessel subject to the 1966 International Convention on Load Lines, rail courses, or an equivalent, must be installed so that there is not an open space higher than 230 millimeters (9 inches) from the deck to the first rail course or equivalent.
(g) Rails must be permanently installed except that the following rails may be removable:
(1) Rails in way of embarkation stations and boarding locations; and
(2) Rails on a vessel when the service of the vessel is routinely changed, as determined by the cognizant OCMI, and the required top rail height varies depending on the service of the vessel at a particular time.
§ 116.920 Storm rails.
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Suitable storm rails or hand grabs must be installed where necessary in passageways, at deckhouse sides, and at ladders and hatches.
§ 116.940 Guards in vehicle spaces.
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On a vessel authorized to carry one or more vehicles, suitable chains, cables, or other barriers must be installed at the end of each vehicle runway. In addition, temporary rails or equivalent protection must be installed in way of each vehicle ramp, in compliance with §116.900 of this part, when the vessel is underway.
§ 116.960 Guards for exposed hazards.
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An exposed hazard, such as gears or rotating machinery, must be protected by a cover, guard, or rail.
§ 116.970 Protection against hot piping.
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Piping, including valves, pipe fittings and flanges, conveying vapor, gas, or liquid, the temperature of which exceeds 65.5° C (150° F), must be insulated where necessary to prevent injuries.
Subpart J—Window Construction and Visibility
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§ 116.1010 Safety glazing materials.
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Glass and other glazing material used in windows must be of material that will not break into dangerous fragments if fractured.
§ 116.1020 Strength.
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Each window, port hole, and its means of attachment to the hull or deck house, must be capable of withstanding the maximum load from wave and wind conditions expected due to its location on the vessel and the authorized route of the vessel.
§ 116.1030 Operating station visibility.
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(a) Windows and other openings at the operating station must be of sufficient size and properly located to provide an adequate view for safe navigation in all operating conditions.
(b) Glass or other glazing material used in windows at the operating station must have a light transmission of not less than 70 percent according to Test 2 of American National Standards Institute (ANSI) Z 26.1 “Safety Glazing Materials For Motor Vehicles Operating on Land Highways,” and must comply with Test 15 of ANSI Z 26.1 for Class I Optical Deviation.
Subpart K—Drainage and Watertight Integrity of Weather Decks
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§ 116.1110 Drainage of flush deck vessels.
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(a) Except as provided in paragraph (b) of this section, the weather deck on a flush deck vessel must be watertight and have no obstruction to overboard drainage.
(b) Each flush deck vessel may have solid bulwarks in the forward one-third length of the vessel if:
(1) The bulwarks do not form a well enclosed on all sides; and
(2) The foredeck of the vessel has sufficient sheer to ensure drainage aft.
§ 116.1120 Drainage of cockpit vessels, well deck vessels, and open boats.
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Drainage of cockpit vessels, well deck vessels, and open boats must meet the applicable requirements of §§178.420, 178.430, 178.440, 178.450 in subchapter T of this chapter.
§ 116.1160 Watertight integrity.
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(a) A hatch exposed to the weather must be watertight, except that the following hatches may be weathertight:
(1) A hatch on a watertight trunk that extends at least 305 millimeters (12 inches) above the weather deck;
(2) A hatch in a cabin top; and
(3) A hatch on a vessel that operates only on protected waters.
(b) A hatch cover must:
(1) Have securing devices; and
(2) Be attached to the hatch frame or coaming by hinges, captive chains, or other devices of substantial strength to prevent its loss.
(c) A hatch cover that provides access to accommodation spaces must be operable from either side.
(d) A weathertight door must be provided for each opening located in a deck house or companionway. Permanent watertight coamings must be provided as follows:
(1) On a vessel on an exposed or partially protected route, a watertight coaming with a height of at least 150 millimeters (6 inches) must be provided under each weathertight door in a cockpit or a well, or on the main deck of a flush deck vessel.
(2) On a vessel on a protected route, a watertight coaming with a height of at least 75 millimeters (3 inches) must be provided under each weathertight door in a cockpit or a well.
(3) The height of the watertight coaming for a hinged watertight door, need only be sufficient to accommodate the door.
Subpart L—Ballast Systems
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§ 116.1200 Ballast.
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(a) Any solid fixed ballast used to comply with the requirements of Parts 170 and 171 in subchapter S of this chapter must be:
(1) Stowed in a manner that prevents shifting of the ballast; and
(2) Installed to the satisfaction of the cognizant OCMI.
(b) Solid fixed ballast may not be located forward of the collision bulkhead unless the installation and arrangement of the ballast and the collision bulkhead minimizes the risk of the ballast penetrating the bulkhead in a collision.
(c) Solid fixed ballast may not be removed from a vessel or relocated unless approved by the cognizant OCMI except that ballast may be temporarily moved for a vessel examination or repair if it is replaced to the satisfaction of the OCMI.
(d) Water ballast, either as an active system or permanent, must be approved by the Commanding Officer, Marine Safety Center.