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(C) Those waters outside of a line drawn from Marina del Rey Light 4 to the seaward extremity of the Ballona Creek South Jetty.
(19) Redondo Harbor. Those waters outside of a line drawn from Redondo Beach East Jetty Light 2 to Redondo Beach West Jetty Light 3.
(20) San Pedro Bay-Anaheim Bay.
(A) Those waters outside of a line drawn across the seaward extremities of Anaheim Bay Entrance Jetties; thence to Long Beach Breakwater East End Light 1.
(B) Those waters outside of a line drawn from Long Beach Channel Entrance Light 2 to Long Beach Light.
(C) Those waters outside of a line drawn from Los Angeles Main Entrance Channel Light 2 to Los Angeles Light.
(21) Newport Bay. Those waters outside of a line drawn from Newport Bay East Jetty Light 4 to Newport Bay West Jetty Light 3.
(22) Santa Catalina Island. Those waters within the harbors of Santa Catalina Island.
(23) Dana Point Harbor. Those waters outside of a line drawn from Dana Point Jetty Light 6 to Dana Point Breakwater Light 5.
(24) Oceanside Harbor. Those waters outside of a line drawn from Oceanside South Jetty Light 4 to Oceanside Breakwater Light 3.
(25) Mission Bay. Those waters outside of a line drawn from Mission Bay South Jetty Light 2 to Mission Bay North Jetty Light 1.
(26) San Diego Harbor. Those waters outside of a line drawn from Zuniga Jetty Light "V" to Zuniga Jetty Light "Z"; thence to Point Loma Light.
(27) Other Entrances. At all buoyed entrances from seaward to bays, sounds, rivers, or other estuaries for which specific lines are not described in this section, the waters outside of a line approximately parallel with the general trend of the shore, drawn through the outermost buoy or buoys or other aid to navigation of any system of aids.
(g) "Inland Waters" means any waters within the territorial limits of California other than those that are defined in Section 6552(f) of these regulations as the "high seas."
(h) "Machinery" includes an inboard or outboard engine and any other type of motor or mechanical device capable of propelling a vessel.
(i) "Nonself-propelled vessel" means a vessel without sufficient means for self-propulsion and is required to be towed.
(j) "Operator" means the person who operates or who has charge of the navigation or use of a vessel.
(k) "Passenger" means every person, other than the master and a member of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel.
( l "Power driven vessel" means any vessel propelled by machinery.
(m) "Sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.
(n) "Ship's lifeboat" means a lifeboat used solely for lifesaving purposes and does not include dinghies, tenders, speedboats, or other types of craft carried aboard a vessel and used for other than lifesaving purposes.
(o) "Whistle" means any sound signaling appliance capable of producing the prescribed blasts.
(p) "Boat" means any vessel which is any of the following:
(1) Manufactured or used primarily for noncommercial use.
(2) Leased, rented, or chartered to another for the latter's noncommercial use.
(3) Engaged in the carrying of six or fewer passengers, including those for-hire vessels carrying more than three passengers while using inland waters of the state that are not declared navigable by the United States Coast Guard.
(4) Commercial vessels required to be numbered pursuant to Section 9850 of the Vehicle Code.
(q) "Vessel" includes every description of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water;
(r) "Seaplane" includes any aircraft designed to maneuver on the water.
(s) "Vessel engaged in fishing" means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restricts maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict maneuverability;
(t) "Vessel not under command" means a vessel which, through some exceptional circumstance, is unable to maneuver as required by these Rules, and is, therefore, unable to keep out of the way of another vessel.
(u) "Vessel restricted in her ability to maneuver" means a vessel which, from the nature of her work, is restricted in her ability to maneuver as required by these Rules, and is, therefore, unable to keep out of the way of another vessel; vessels restricted in their ability to maneuver include, but are not limited to:
(1) A vessel engaged in laying, servicing, or picking up a navigation mark, submarine cable, or pipeline;
(2) A vessel engaged in dredging, surveying, or underwater operations;
(3) A vessel engaged in replenishment or transferring persons, provisions, or cargo while underway;
(4) A vessel engaged in the launching or recovery of aircraft;
(5) A vessel engaged in minesweeping operations; and
(6) A vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.
(v) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
(w) "Length" and "breadth" of a vessel mean her length overall and greatest breadth.
(x) Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.
(y) "Restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar causes.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6553. Classes of Motorboats.
s 6554. Measurement.
s 6555. Equipment for Sound Signals.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and PL 96-591, Rule 33.
s 6556. Whistle or Other Sound-Producing Mechanical Appliance -While Operating on Inland Waters.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and PL 96-591, Annex II.
s 6557. Equipment for Sound Signals -While Operating on the "High Seas."
Note: Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6557.1. Technical Details of Sound Signal Appliances Required for Use on Vessels Operating on the "High Seas."
Note: Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6558. Foghorn.
s 6559. Foghorn -While Operating on Inland Waters.
s 6560. Foghorn -While Operating on the "High Seas."
s 6561. Bell and Other Fog Sound Signal Devices.
s 6562. Bell and Other Fog Sound Signal Devices -While Operating on Inland Waters.
s 6563. Bell and Other Sound Signal Devices -While Operating on the "High Seas."
s 6564. Personal Flotation Devices.
Pursuant to Section 652, Harbors and Navigation Code, a vessel being operated on the waters of this State shall carry personal flotation equipment as prescribed in Sections 6565 to 6566, inclusive.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6565. Personal Flotation Devices for Boats.
In accord with Federal regulations (33 CFR Part 175), a boat or recreational boat shall be equipped with personal flotation devices as set forth in sections 6565.2 through 6565.9.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6565.1. Applicability.
Note: Authority cited: Sections 38, 82, 652, 655.3 and 669, Harbors and Navigation Code. Reference: Division 3, Chapter 5, Harbors and Navigation Code.
s 6565.2. Definitions.
As used in sections 6565.2 through 6565.8:
(a) "Boat" means any vessel manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter's noncommercial use; or engaged in the carrying of six or fewer passengers.
(b) "Recreational boat" means any vessel manufactured or used primarily for noncommercial use; or leased, rented, or chartered to another for the latter's noncommercial use. It does not include a vessel engaged in the carrying of six or fewer passengers.
(c) "Vessel" includes every description of watercraft other than a seaplane on the water, used or capable of being used as a means of transportation on the water.
(d) "Use" means operate, navigate, or employ.
(e) "Passenger" means every person carried on board a vessel other than:
(1) The owner or his representative;
(2) The operator;
(3) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or
(4) Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage.
(f) "Racing shell, rowing scull, racing canoes and racing kayak," means a manually-propelled boat that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.
Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6565.3. Applicability.
Sections 6565.2 through 6565.8 apply to all recreational boats that are propelled or controlled by machinery, sails, oars, paddles, poles, or another vessel except racing shells, rowing sculls, racing canoes, and racing kayaks.
Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6565.4. Definitions.
As used in sections 6565.2 through 6565.8:
(a) "Personal flotation device" means a device that is approved by the Commandant under 46 CFR Part 160.
(b) "PFD" means "personal flotation device."
Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code.Reference: Section 652, Harbors and Navigation Code.
s 6565.5. Personal Flotation Devices Required.
Except as provided in Section 6565.6:
(a) Effective January 1, 1998, no person may use a recreational boat unless at least one PFD of the following types is on board for each person:
(1) Type I PFD,
(2) Type II PFD, or
(3) Type III PFD.
(b) Prior to January 1, 1998, a Type IV may be carried in lieu of any Type I, II, or III PFD, for each person on board a recreational boat less than 16 feet in length or any canoe or kayak of any length.
(c) No person may use a recreational boat 16 feet or more in length, except a canoe or kayak, unless
(1) One Type IV PFD is on board, and
(2) At least one PFD of the following types is on board for each person:
(i) Type I PFD;
(ii) Type II PFD; or
(iii) Type III PFD.
Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6565.6. Exceptions.
A Type V PFD may be carried in lieu of any PFD required under Section 6565.5 provided:
(a) The approval label on the Type V PFD indicates that the device is approved:
(1) For the activity in which the boat is being used; or
(2) As a substitute for a PFD of the Type required on the boat in use;
(b) The PFD is used in accordance with any requirements on the approval label; and
(c) The PFD is used in accordance with requirements in its owner's manual, if the approval label makes reference to such a manual.
Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6565.7. Stowage.
(a) No person may use a recreational boat unless each Type I, II or III PFD required by Section 6565.5 or equivalent type allowed by 6565.6 is readily accessible.
(b) No person may use a recreational boat unless each Type IV PFD required by Section 6565.5 or equivalent type allowed by 6565.6 is immediately available.
Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6565.8. Conditions; Size and Fit; Approval Marking.
No person may use a recreational boat unless each PFD required by Section 6565.5 or allowed by Section 6565.6 is:
(a) In serviceable condition;
(b) Of an appropriate size and fit for the intended wearer, as marked on the approval label; and
(c) Legibly marked with its approval number, as specified in 46 CFR Part 160.
Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6565.9. Personal Flotation Device Equivalents.
Note: Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6566. Life Preservers and Lifesaving Equipment -Passengers-for-Hire Vessels.
(a) In accordance with Federal regulation (46 CFR, Part 25.25), commercial vessels and those carrying passengers for hire shall be equipped with life preservers and other lifesaving equipment as follows:
(1) Application. This section applies to each vessel to which this section applies, except:
(A) Vessels used for noncommercial use;
(B) Vessels leased, rented, or chartered to another for the latter's noncommercial use;
(C) Commercial vessels propelled by sail not carrying passengers for hire; or
(D) Commercial barges not carrying passengers for hire.
(2) Definitions. As used in this section:
(A) "Approved" means approved by the Commandant under 46 CFR, Part 160.
(B) "Use" means operate, navigate, or employ.
(3) Life preservers and other lifesaving equipment required.
(A) No person may operate a vessel to which this section applies unless it meets the requirements of this section.
(B) Each vessel not carrying passengers for hire less than 40 feet in length, must have at least one life preserver, buoyant vest, or special purpose water safety buoyant device intended to be worn approved by the Commandant under 46 CFR, Part 160, of a suitable size for each person on board. Kapok and fibrous glass life preservers that do not have plastic-covered pad inserts are not acceptable as equipment required by this paragraph.
(C) Each vessel carrying passengers for hire and each vessel 40 feet in length or longer not carrying passengers for hire must have at least one approved life preserver of a suitable size for each person on board. Kapok and fibrous glass life preservers which do not have plastic-covered pad inserts are not acceptable as equipment required by this paragraph.
(D) Each vessel 26 feet in length or longer must have at least one ring life buoy approved under Title 46, CFR, Subparts 160.009 or 160.050, in addition to the equipment required in paragraph (B) or (C) of this section.
(E) On each vessel, regardless of length and regardless of whether carrying passengers for hire, an approved commercial hybrid PFD may be substituted for a life preserver, buoyant vest, or marine buoyant device required by paragraphs (B) or (C) of this section, only if it is:
1. Worn when the vessel is underway and the intended wearer is not within an enclosed space;
2. Used in accordance with the conditions marked on the PFD and in the owner's manual; and
3. Labeled for use on uninspected commercial vessels.
(F) Each vessel not carrying passengers for hire may substitute an exposure suit for a life preserver, buoyant vest, or marine buoyant device required under paragraphs (B) or (C) of this section. Each exposure suit carried in accordance with this paragraph must be of a type approved under Title 46, CFR, Subpart 160.071.
(4) Marking. The lifesaving equipment required by this section must be legibly marked as specified in 46 CFR, Part 160.
(5) Storage.
(A) The lifesaving equipment designed to be worn as required in subsection (3), (B) (C) and (E) must be readily accessible.
(B) Lifesaving equipment designed to be thrown as required in subsection (3) (D) must be immediately available.
(6) Condition. The lifesaving equipment required by this section must be in serviceable condition.
(7) Retroreflective material for personal flotation devices.
(A) Each life preserver, each marine buoyant device intended to be worn, and each buoyant vest carried on a vessel to which this section applies, must have Type I retroreflective material that is approved under 6 CFR, Subpart 164,018.
(B) Each item required to have retroreflective material must have at least 200 sq. cm (31 sq. in.) of material attached to the front side, at least 200 sq. cm of material on its back side, and if the item is reversible, at least 200 sq. cm of material on each of its reversible sides. The material attached on each side of the item must be divided equally between the upper quadrants of the side, and the material in each quadrant must be attached as closely as possible to the shoulder area of the item.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code.
s 6567. Life Preserver and Other Lifesaving Equipment -Class 3(b) Motorboat.
s 6568. Life Preserver and Other Lifesaving Equipment -Barge Carrying Passengers for Hire.
s 6568.1. Lifesaving Devices for Boats Other Than Motorboats.
s 6569. Fire Extinguishing Equipment.
Pursuant to Section 652, Harbors and Navigation Code, a boat being operated on the waters of this State shall be provided with fire extinguishers as prescribed in Sections 6570 to 6573, inclusive, which shall at all times be kept in condition for immediate and effective use, and shall be so placed as to be readily accessible.
Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6570. Fire Extinguishing Equipment -Definitions.
(a) A "B" type fire extinguisher means a fire extinguisher system suitable for extinguishing fires involving flammable liquids, greases, etc.
(b) "Hand-portable fire extinguisher" means a fire extinguisher of either of the following minimum sizes:
Carbon Dry
Foam dioxide, chemicals, Freon,
Size gallons pounds pounds pounds
I..... 1 1/4 4 2 2 1/2
II.... 2 1/2 15 10 -
(c) "Semiportable fire extinguisher" means a fire extinguisher system of the following size or larger which is fitted with suitable hose and nozzle or other practicable means so that all portions of the space concerned may be covered.
Carbon Dry
Foam dioxide, chemicals,
Size gallons pounds pounds
III.... 12 35 20
(d) "Fixed fire extinguishing system" means a fire extinguishing system of an approved carbon dioxide type, designed and installed in agreement with the applicable provisions of subpart 76.15 of subchapter H of Title 46, Code of Federal Regulations, as amended.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6571. Fire Extinguishing Equipment - Vaporizing -Liquid Type.
A vaporizing-liquid type fire extinguisher containing carbon tetrachloride or chlorobromomethane or other toxic vaporizing liquids are not acceptable as equipment required by Section 6573.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6572. Fire Extinguishing Equipment -Markings Required.
(a) Each hand portable fire extinguisher and semiportable fire extinguishing system shall have permanently attached thereto a metallic name plate giving the
(1) Name of the item
(2) Rated capacity in gallons, quarts, or pounds
(3) Name of the person or firm for whom approved
(4) Address of the person or firm for whom approved, and
(5) The identifying mark of the actual manufacturer.
(b) Each hand portable fire extinguisher and semiportable fire extinguisher shall bear a label containing the "marine type" listing manifest issued by a recognized laboratory, as defined in 46 CFR 162.028-5 and 162.039-5. This label will include the classification of the extinguisher in accordance with the Coast Guard approval number, thus: "Marine Type USCG Type ________ , Approval No. 162.028/________ , or 162.039/Ex. ____."
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6573. Fire Extinguishing Equipment -Requirements.
(a) Boat Propelled by Machinery Sixty-five Feet or Less in Length. A boat propelled by machinery 65 feet or less in length shall carry at least the minimum number of hand-portable fire extinguishers set forth in Table 2.
TABLE 2
Minimum number of type B-I hand-portable
fire extinguishers required [FN1]
________________________________________________
Without fixed fire With fixed fire
Size of extinguishing system extinguishing system
boat Length, feet in machinery space in machinery space
Under 16..................... 1 0
16 and over, but under 26.... 1 0
26 and over, but under 40.... 2 1
40 and over, but not over 3 2
65.........................
FN1 One type B-II hand-portable fire extinguisher may be substituted for two
type B-I hand-portable fire extinguishers.
(1) Exceptions: A boat of any of the following types is not required to carry a fire extinguisher.
(A) Less than 26 feet in length, not carrying passengers for hire, propelled by an outboard motor, without permanently installed fuel tanks, and of a construction which will not permit the entrapment of explosive or flammable gasses or vapors.
(b) Boat Propelled by Machinery Over Sixty-Five Feet in Length. A boat propelled by machinery over 65 feet in length shall carry at least the minimum number of hand-portable fire extinguishers set forth in Table 3 and in addition shall carry:
(1) One type B-II hand-portable fire extinguisher for each 1,000 B.H.P. of the main engine or fraction thereof. However, not more than six such extinguishers need be carried.
(2) On boats propelled by machinery over 65 feet in length and over 300 gross tons, either one type B-III semi-portable fire extinguishing system shall be fitted, or alternatively, a fixed fire extinguishing system shall be fitted in the machinery space.
TABLE 3
Gross tonnage Minimum number of B-II hand-
________________
Over Not over portable fire extinguishers
__ 50....... 1
50 100...... 2
100 500...... 3
500 1,000.... 6
1,000 __....... 8
(c) Barge Carrying Passengers.
(1) 65 Feet in Length or Less. A barge 65 feet in length or less carrying passengers, which is regularly operated with a boat propelled by machinery, shall be fitted with hand-portable fire extinguishers as required by Table 2 depending upon the length of the barge.
(2) Over 65 Feet in Length. A barge of over 65 feet in length carrying passengers, which is regularly operated with a boat propelled by machinery, shall be fitted with hand-portable fire extinguishers as required by Table 3, depending upon the gross tonnage of the barge.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6574. Backfire Flame Control.
Pursuant to Section 652, Harbors and Navigation Code, every gasoline engine installed in a boat after April 25, 1940, except outboard motors, shall be equipped with one of the following:
(a) Backfire flame arrestor, suitably secured to the air intake with flametight connection, that is approved or complies with SAE J-1928 or UL 1111 and marked accordingly.
(b) A reed valve assembly or an air and fuel induction system installed in accordance with SAE J-1928.
(c) Any attachment to the carburetor or location of the engine air induction system by means of which flames caused by engine backfire will be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. All attachments shall be of metallic construction with flametight connections and firmly secured to withstand vibration, shock, and engine backfire.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6575. Ventilation.
(a) Pursuant to Section 652, Harbors and Navigation Code, all boats propelled by machinery being operated on the waters of this State except open boats, and as provided in paragraphs (c) and (d) of this section, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flashpoint of 110U F. or less, shall have at least 2 ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.
(b) As used in this section, the term "open boats" means those boats propelled by machinery with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel.
(c) Boats, as defined in the Federal Boat Safety Act of 1971, built after July 31, 1980, or which are in compliance with 33 CFR, Part 183, are excepted from these requirements.
(d) Boats, as defined in the Federal Boat Safety Act of 1971, built after July 31, 1978, are excepted from the requirements of paragraph (a) for fuel tank compartments that -
(1) Contain a permanently installed fuel tank if each electrical component is ignition protected in accordance with 33 CFR 183.410(a); and
(2) Contain fuel tanks that vent to the outside of the boat.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6575.1. Operator Responsibility.
No person may operate a boat built after July 31, 1980, that has a gasoline engine for electrical generation, mechanical power, or propulsion unless it is equipped with an operable ventilation system that meets the requirements of Section 6575.5(a), (b), (d), (e), and (f), and 6575.6(a).
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 175.201.
s 6575.2. Applicability.
This regulation applies to all new boats that -
(a) Have gasoline engines for electrical generation, mechanical power, or propulsion; and
(b) Are built after July 31, 1980, except that a manufacturer may elect to comply with this subpart at any time after July 31, 1978.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 183.601.
s 6575.3. Definitions.
"AMCA" means Air Moving and Conditioning Association.
"ASTM" means American Society for Testing and Materials.
"Fuel" means gasoline.
"Open to the atmosphere" means a compartment that has at least 15 square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume.
"UL" means Underwriters Laboratories, Incorporated.
Note: Authority cited: Sections 652 and 656.4, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code; and 33 CFR 183.605.
s 6575.4. Incorporation by Reference.
(a) The following standards are incorporated by reference. Copies may be obtained from the sources indicated. They are also available for inspection at the Department of Boating and Waterways; Archives, Secretary of State, 1020 "O" Street, Sacramento, California 95814; Coast Guard Headquarters, 2100 Second Street, S.W., Washington, D.C. 20593-0001; and at the Office of the Federal Register Library, National Archives, Washington, D.C. 20408.
(1) AMCA Standard 210-74, Figure 12, dated 1974, Air Moving and Conditioning Association International, Inc., 30 West University Drive, Arlington Heights, Illinois 60004.
(2) ASTM Standard D-471-79 dated May 1979. American Society for Testing and Materials International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959.
(3) UL Standard 1128, dated August 23, 1977, published by Underwriters Laboratories, Incorporated, is available by contacting COMM-2000, 1414 Brook Drive, Downers Grove, Illinois 60515, telephone number 1 (888) 653-3503, or on the Internet: www.COMM-2000 .com.
Note: Authority cited: Sections 652 and 656.4, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code; and 33 CFR 183.607.
s 6575.5. Powered Ventilation System.
(a) Each compartment in a boat that has a permanently installed gasoline engine with a cranking motor must -
(1) Be open to the atmosphere, or
(2) Be ventilated by an exhaust blower system.
(b) Each exhaust blower or combination of blowers must be rated an at air flow capacity not less than that computed by the formulas given in Table A, Column 2. Blower rating must be determined according to AMCA Standard 210-74, Figure 12, dated 1974, or UL Standard 1128 dated August 23, 1977.
FR=V/2 + 100 FO=0.2V+ 40 M
Table A
Col. 1 [FN1] Col. 2 [FN2] Col. 3 [FN3]
Below 34.................. Fr=50..................... Fo=20
34 to 100................. Fr=1.5V................... Fo=0.6V
Over 100.................. Fr=V/2 + 100.............. Fo=0.2V + 40
FN1 Net compartment volume of engine compartment and compartments open thereto
(V) cubic feet.
FN2 Rated blower capacity (Fr) cubic feet per minute.
FN3 Blower system output (Fo) cubic feet per minute.
(c) Each exhaust blower system required by paragraph (a) (2) of this section must exhaust air from the boat at a rate which meets the requirements of Table A, Column 3, when the engine is not operating.
(d) Each intake duct for an exhaust blower must be in the lower one-third of the compartment and above the normal level of accumulated bilge water.
(e) More than one exhaust blower may be used in combination to meet the requirements of this section.
(f) Each boat that is required to have an exhaust blower must have a label that -
(1) Is located as close as practicable to each ignition switch;
(2) Is in plain view of the operator; and
(3) Has at least the following information: WARNING -GASOLINE VAPORS CAN EXPLODE. BEFORE STARTING ENGINE, OPERATE BLOWER FOR 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGE FOR GASOLINE VAPORS.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 183.610.
s 6575.6. Natural Ventilation System.
(a) Except for compartments open to the atmosphere, a natural ventilation system that meets the requirements of Section 6575.7 must be provided for each compartment in a boat that -
(1) Contains a permanently installed gasoline engine;
(2) Has openings between it and a compartment that requires ventilation, where the aggregate area of those openings exceeds two percent of the area between the compartments, except as provided in paragraph (c) of this section;
(3) Contains a permanently installed fuel tank and an electrical component that is not ignition protected in accordance with 33 CFR 183.410(a);
(4) Contains a fuel tank that vents into that compartment; or
(5) Contains a nonmetallic fuel tank with an aggregate permeability rate of more than the greater of 1.2 grams of fuel loss in 24 hours, or 1.2 grams of fuel loss in 24 hours per cubic foot of net compartment volume. Reference fuel "C" at 40 C plus or minus 2 C from ASTM standard D-471-79, dated May, 1979, is to be used in determining the permeability rate.
(b) Each natural ventilation system must be constructed so that -
(1) Each supply opening required in Section 6575.7 is located on the exterior surface of a boat; or
(2) Air will flow into or out of the supply or exhaust openings required in Section 6575.7 when the boat is in a wind flowing from bow to stern at a velocity of ten miles per hour when the engine is not operating.
(c) An accommodation compartment above a compartment requiring ventilation that is separated from the compartment requiring ventilation by a deck or other structure is excepted from paragraph (a)(2) of this section.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 183.620.
s 6575.7. Standards for Natural Ventilation.
(a) For the purpose of Section 6575.6, "natural ventilation" means an airflow in a compartment in a boat achieved by having -
(1) A supply opening or duct from the atmosphere or from a ventilated compartment or from a compartment that is open to the atmosphere; and
(2) An exhaust opening into another ventilated compartment or an exhaust duct to the atmosphere.
(b) Each exhaust opening or exhaust duct must originate in the lower third of the compartment.
(c) Each supply opening or supply duct and each exhaust opening or exhaust duct in a compartment must be above the normal accumulation of bilge water.
(d) Except as provided in paragraph (e) of this section, supply openings or supply ducts and exhaust openings or exhaust ducts must each have a minimum aggregate internal cross-sectional area calculated as follows: A = 5 1n (V/5); where:
(1) A is the minimum aggregate internal cross-sectional area of the openings or ducts in square inches;
(2) V is the net compartment volume in cubic feet, including the net volume of other compartments connected by openings that exceed two percent of the area between the compartments; and
(3) 1n (V/5) is the natural logarithm of the quantity (V/5).
(e) The minimum internal cross-sectional area of each supply opening or duct and exhaust opening or duct must exceed 3.0 square inches.
(f) The minimum internal cross-sectional area of terminal fittings for flexible ventilation ducts installed to meet the requirements of paragraph (d) of this section must not be less than 80 percent of the required internal cross-sectional area of the flexible ventilation duct.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code; and 33 CFR 183.630.
s 6576. Liquefied Petroleum Gas.
Pursuant to section 652, Harbors and Navigation Code, a vessel carrying passengers for hire on the waters of this State using liquefied petroleum gas or compressed natural gas for heating, cooking, or lighting must adhere to the federal regulations as contained in 46 CFR 25, 58, 147, and 184.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6580. Capacity Plate.
s 6581. Exemptions.
s 6590. Law Enforcement Vessels.
Vessels used as law enforcement vessels under the authority of Section 663.5, Harbors and Navigation Code, shall be identified as follows:
(a) They shall be of a distinctive color compatible with use as harbor police vessels.
(b) They shall be marked with words such as "Harbor Police," "Port Police," "Harbor Patrol," or "Port Patrol" or their equivalent. These identifying words shall be placed on each side of the vessel in a manner which will provide clear legibility and maximum opportunity for identification. The letters shall be of block character, of good proportion, and not less than six (6) inches in height. They shall be of a color which will form a good contrast with the color of the background and so maintained as to be clearly visible and legible. In addition to this marking, the vessel shall display prominently the identification of the operating agency.
Note: Authority cited: Section 663.5, Harbors and Navigation Code. Reference: Sections 650 and 663.5, Harbors and Navigation Code.
s 6591. Blue Light for Enforcement Vessels.
The distinctive light prescribed by Section 652.5, Harbors and Navigation Code, for law enforcement vessels shall be a blue colored, revolving horizontal beam, low intensity light rotating or appearing to rotate because of a pulsating effect gained by means of a rotating reflector which causes a flashing or periodic peak intensity effect. The light shall be located at any effective point on the forward exterior of the vessel. A shield or other device, fixed or movable, to restrict the arc of visibility may be used if desired.
Note: Authority cited: Section 652.5, Harbors and Navigation Code. Reference: Sections 650 and 652.5, Harbors and Navigation Code.
s 6592. Sound Level Measuring Instruments.
Pursuant to the authority provided in Section 654.05(d) of the Harbors and Navigation Code, a precision sound level meter which meets the Type II requirements of ANSI S1.4-1983 (revision of S1.4-1971), titled "Specification For Sound Level Meters," published in 1983, may be substituted for the Type I referred to in the Society of Automotive Engineers Technical Report J34 for measuring pleasure motorboat sound levels, titled "Exterior Sound Level Measurement Procedure For Pleasure Motorboats -SAE J34," published in 1973.
Note: Authority cited: Sections 652 and 654.05(d), Harbors and Navigation Code. Reference: Sections 652, 654, 654.05 and 654.06, Harbors and Navigation Code.
s 6593. Short Title.
This article shall be known and may be cited as the Boating Safety and Enforcement Financial Aid Program Regulations under which the Department of Boating and Waterways may provide State financial aid to local agencies' qualified boating safety and enforcement programs pursuant to Section 663.7 of the Harbors and Navigation Code.
Note: Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.1. Purpose.
The purpose of the Boating Safety and Enforcement Financial Aid Program is to augment a participating agency's revenues for boating safety and enforcement activities when an agency incurs boating safety and enforcement program costs that exceed actual vessel taxes received by the county for boating safety and enforcement activities. The program is not intended to fully fund a participating agency's boating safety and enforcement activities, and agency participation in the program is entirely voluntary.
Note: Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.2. Definitions.
The following definitions shall be used in this article.
(a) "Administrative costs" are the costs incurred by a participating agency for indirect services necessary for the operation of a participating agency's boating safety and enforcement program.
(b) "Agency" means a county of the State, or a city, district or other public agency within a county, that participates, or applies to participate, in the Boating Safety and Enforcement Financial Aid Program.
(c) "Allowable costs or expenses" means the costs or expenditures made by a participating agency that are authorized by the department.
(d) "Baseline financial aid eligibility allocation" means a participating agency's financial eligibility allocation as described in Section 6593.7 of this article.
(e) "Boat patrol" means a boating safety and enforcement unit of qualified boating safety and enforcement officers (full-time or seasonal).
(f) "Boating safety and enforcement officer" means trained personnel authorized and retained by a participating agency to perform boating safety and enforcement activities.
(g) "Boating safety programs" and "boating safety and enforcement programs" are participating agency programs comprised of boating safety and enforcement activities.
(h) "Calendar year" means the period of twelve consecutive months that runs from January 1 through December 31 of the same year.
(i) "Department" means the California Department of Boating and Waterways, unless otherwise specified.
(j) "Equipment" means boating-specific equipment or other support equipment used to implement or conduct boating safety and enforcement activities.
(k) "Fiscal year" means the period of twelve consecutive months that runs from July 1 of one year through June 30 of the following year.
(l) "Fringe benefits percent" is the percentage used by the participating or applicant agency to estimate the costs of non-salary benefits for an employee, such as workers' compensation premiums, retirement contributions, uniform allowances, insurance, payments made under the Federal Insurance Contributions Act, and any other employee benefit approved by the department. The percent is expressed as a percentage of direct salary costs and is calculated by dividing the fringe benefits cost by the direct salary cost of an employee.
(m) "Mid-range or equivalent journeyman level average hourly pay" is the average hourly pay for a typical employee of an applicant agency. The mid-range is used if there are an odd number of pay steps or an equivalent is used if there is an even number of pay steps. An equivalent is calculated by averaging the two middle pay steps.
(n) "Quarter" means a period of three consecutive months during the fiscal year. The quarters of the State's fiscal year are comprised of four consecutive three-month segments, as noted below.
(1) Quarter 1 = July 1 through September 30
(2) Quarter 2 = October 1 through December 31
(3) Quarter 3 = January 1 through March 31, and
(4) Quarter 4 = April 1 through June 30.
(o) "Program reduction" means a reduction in a participating agency's annual allocation due to insufficient program expenditures as described in Section 6593.7 of this article.
(p) "Unallocated funds" are funds that have not been spent or used by participating agencies' boating safety and enforcement programs pursuant to section 6593.7(c) of this article.
(q) "Vessel taxes received by the county" are funds equal to 100 percent of the amount received by the county from the share of personal property taxes on vessels allocated to the County General Fund for boating safety and enforcement activities.
Note: Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.3. Boating Safety and Enforcement Activities.
For the purposes of receiving State financial aid under Section 663.7 of the Harbors and Navigation Code, boating safety and enforcement activities include:
(a) Enforcement of State and local laws and regulations for boating activities by means of vessel, foot patrol, motor vehicle, or aircraft. Educating the public on State and local laws and regulations is included as enforcement.
(b) Inspection of vessels for compliance with required safety equipment, registration requirements, and sanitation and pollution control that satisfy the intent of State law.
(c) Supervision of organized on-the-water boating activities or water events that allows for the protection and safety of the boating public during such activities or events.
(d) Search and rescue operations originating from on-the-water boating activities, including the recovery of drowned bodies that are the result of boating activities.
Note: Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.4. Eligibility.
Agencies requesting permission to participate are entitled to receive State financial aid for boating safety and enforcement programs on waters under their jurisdiction, provided the following conditions are satisfied:
(a) An applicant agency provides a certified copy of the resolution or minute order from the county board of supervisors with the application for financial aid under the provisions of Section 663.7 of the Harbors and Navigation Code.
(1) In the case of a local government agency within a county, a certified copy of the resolution or minute order shall accompany the application for financial aid from that local government entity, as well as a certified copy of the resolution or minute order from its county board of supervisors, authorizing the agency to participate in the program.
(2) The resolution or minute order shall:
(A) Authorize the chairperson, or designated representative, to sign the application and contract.
(B) Authorize the chairperson, or designated agency representative, to sign the department's form for each reimbursement claim.
(C) Authorize the county auditor to certify the amount of prior year vessel taxes received by the county.
(3) The department may deny the application if the applicant agency fails to provide the above-referenced information or data.
(b) An applicant agency submits a completed application that complies with the requirements of Section 6593.5.
(c) The county in which an applicant agency resides agrees to spend an amount equal to 100 percent of vessel taxes received by the county for boating safety and enforcement activities prior to the agency receiving State financial aid under this program.
(d) An applicant agency maintains an operational boat patrol while receiving State financial aid under this program.
(e) An applicant agency agrees to comply with the reimbursement process in Section 6593.9.
(f) An applicant agency agrees to comply with the reporting requirements in Section 663.7 of the Harbors and Navigation Code.
Note: Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.5. Application.
(a) An agency applying for financial aid under the Boating Safety and Enforcement Financial Aid Program shall complete an annual application. The annual Boating Safety and Enforcement Financial Aid Program application for a county shall accompany all applications from other governmental agencies within the county requesting aid from the department.
(b) The application shall include, at a minimum, the following estimates for waterways under the jurisdiction of each applicant agency:
• Size of waterway(s) (in square miles for lakes and in miles for rivers or coastline)
• Usage of waterway(s) (types of boating activities)
• Types of patrols (on-water, foot, truck/vehicle, and/or air)
• Workload seasonality adjustments (unusual increases/decreases in staffing)
• Number of boats on the waterways.
(c) A participating agency shall submit a completed application to the department at least six months prior to the start of the fiscal year for which State financial aid is requested. A new applicant agency shall submit a completed application to the department at least 14 months prior to the start of the fiscal year for which State financial aid is requested.
(d) Subsequent to the expiration of the filing date, amendments to the applications shall be allowed only subject to the approval of the department.
Note: Authority cited: Section 663.7 (k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.6. Annual Contract.
(a) Beginning in fiscal year 2003-04, every participating agency shall enter into an annual contract with the department prior to the start of the fiscal year. The contract shall indicate, at a minimum, the financial aid eligibility allocation amount for the ensuing fiscal year and whether a participating agency is to submit reimbursement claims on a monthly or quarterly basis.
(b) The department shall send every participating agency a contract at least 90 days prior to the start of the fiscal year. A participating agency shall sign and return the contract to the department at least 15 days prior to the start of the fiscal year. Failure of a participating agency to sign and return the contract 15 days prior to the start of the fiscal year may result in a participating agency losing its financial aid eligibility allocation for that fiscal year.
Note: Authority cited: Section 663.7 (k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.7. Financial Eligibility Formula.
The following formula shall be used for determining annual maximum eligibility allocation amounts for a participating agency eligible for State financial aid under the Boating Safety and Enforcement Financial Aid Program. The State boating safety and enforcement program financial eligibility allocation shall include total State boating safety and enforcement program financial aid for all public entities within a county.
(a) A county that received an allocation in fiscal year 1996-97shall receive, at a minimum, the amount of the fiscal year 1996-97 allocation, unless the county's program has been reduced by the county or the State. This fiscal year 1996-97 amount is defined as the baseline State financial eligibility allocation. (See Exhibit 1 in Section 6593.11 - Baseline State Financial Eligibility Allocations) (continued)