Safety Standards

PURPOSE: This rule establishes safety standards. (1) For the purposes of this chapter, the following definitions shall apply: (A) Certificate of inspection—a finding of compliance with requirements of all applicable laws and regulations that is issued to a licensee operating an excursion gambling boat by a third-party examiner; (B) Permanently moored vessel—a vessel out of navigation that has become substantially a land structure mounted on a floating platform and subject to land based building codes rather than marine inspection laws; (C) Continuously moored vessel—a vessel formerly self-propelled which previously cruised navigable waters but has now been determined by the United States Coast Guard to be continuously docked and removed from navigation; and (D) Third party examiner—an individual or entity specifically approved by the commission to conduct safety inspections as required by Missouri laws and rules. (2) Third Party Examiner. (A) At a minimum the third party examiner must provide evidence of experience with similar inspection services on similar vessels, financial responsibility in a minimum amount of one (1) million dollars each in general liability insurance, Worker’s Compensation, and longshoreman’s insurance (if required by law), and meet at least the following criteria: 1. Inspectors for superstructure and life safety systems must have at least five (5) years of experience in work directly relating to the design and/or fabrication and/or inspection of similar vessels, and knowledge of the fire safety standards of the Missouri laws and rules, as well as the building and fire codes adopted within the jurisdiction where the structure will be placed into service and be one (1) of the following: A. An architect licensed in the state of Missouri with at least five (5) years of experience in work directly relating to the design and/or inspection of similarly sized vessels; B. A professional engineer licensed in the state of Missouri with at least five (5) years of experience in work directly relating to the design and/or inspection of similarly sized vessels; or C. An architect or qualified engineer with a regulatory and review agency; and 2. Marine surveyors for hull inspections must have at least ten (10) years of experience in marine surveying work associated with the inspection of similar vessels and be one (1) of the following criteria: A. An architect licensed in the state of Missouri; B. A professional engineer licensed in the state of Missouri; or C. A marine surveyor with a regulatory and review agency. (3) Fire Safety and Building Code Standards. (A) Any excursion gambling boat that is continuously docked pursuant to section 313.805(16), RSMo will be required to meet— 1. The fire safety standards of the Missouri laws and rules; and 2. The building and fire codes adopted within the jurisdiction where the structure will be placed into service. (4) Certification of Passenger-Carrying Capacity. (A) A stability test shall be conducted by the licensee in accordance with 46 CFR, subchapter S, part 170. This test shall be witnessed by a third party examiner. In lieu of a stability test, the licensee may elect to perform a Deadweight Survey to determine the Lightweight Displacement and Longitudinal Center of Gravity. The Vertical Center of Gravity shall be determined by a conservative estimate, subject to approval by a third party examiner. (B) All permanently moored or continuously moored vessels shall be required to comply with— 1. One (1) compartment standard of flooding, as outlined in 46 CFR section 171.070, regardless of the passenger capacity of the vessel; and 2. Damage Stability Standards of 46 CFR section 171.080. Additionally, all vessels must comply with requirements for Stability After Damage (Damaging Righting Energy Criteria) as may be acceptable at that time to the United States Coast Guard, for certified passenger vessels. (C) All stability calculations required by this rule shall be furnished by the licensee to a third party examiner, for review and approval by that examiner. All vessels must have a letter from a third party examiner stating compliance with these criteria. (5) Certification of Certain Barges, Floating Platforms, and Vessels Other Than Excursion Gambling Boats. (A) All barges, floating platforms, and vessels that will be used in conjunction with a riverboat gaming operation shall be inspected and certified as suitable for their intended use prior to being placed into service, and annually thereafter. The certification shall be performed by a third party examiner. The minimum standards for floating platform and/or hull integrity shall be found in Title 46 CFR, Chapter I. (B) Any structure constructed on any barge, floating platform, or vessel that will be normally occupied by persons, and used in conjunction with a riverboat gaming operation shall meet the building and fire codes adopted within the jurisdiction where the structure will be placed into service. (C) The certification conformance and inspections required by this rule shall be submitted in writing to the commission prior to the barge, floating platform, vessel, or structure being placed into service, and annually thereafter. (D) All costs and expenses associated with the certification conformance and inspections required in this rule shall be paid by the Class B applicant or licensee requesting to place such barge, floating platform, vessel, or structure into service. AUTHORITY: sections 313.004, 313.805, and 313.824, RSMo 2016.* Emergency rule filed Sept. 1, 1993, effective Sept. 20, 1993, expired Jan. 17, 1994. Emergency rule filed Jan. 5, 1994, effective Jan. 18, 1994, expired Jan. 30, 1994. Original rule filed Sept. 1, 1993, effective Jan. 31, 1994. Emergency amendment filed May 22, 1995, effective June 1, 1995, expired Sept. 28, 1995. Amended: Filed May 22, 1995, effective Dec. 30, 1995. Amended: Filed Feb. 19, 1998, effective Aug. 30, 1998. Amended: Filed May 13, 1998, effective Oct. 30, 1998. Amended: Filed Dec. 7, 2001, effective July 30, 2002. Amended: Filed April 26, 2018, effective Dec. 30, 2018. *Original authority: 313.004, RSMo 1993, amended 1994, 2014; 313.805, RSMo 1991, amended 1993, 1994, 2000, 2008, 2010; and 313.824, RSMo 1991, amended 1993.