Safety Inspections

PURPOSE: This rule establishes certain safety policies for excursion gambling boats. (1) Each excursion gambling boat shall comply with all applicable federal, state, and local laws related to safety and— (A) Undergo an inspection prior to licensure and annually thereafter by a third party examiner resulting in a finding of safety and suitability for its intended purpose; and (B) Obtain approval by a third party examiner prior to licensure and annually thereafter of a plan for fire fighting and the protection and evacuation of personnel and maintain staff sufficiently trained as required to execute the plan. (2) Each excursion gambling boat, as that term is defined in section 313.800.1(4), RSMo, for which the commission has granted continuous docking status, shall comply with all applicable standards for safety, design, construction, inspection, survey, and moorings of permanently moored or continuously moored excursion gambling boats. (A) Any construction or modification of any portion of the excursion gambling boat shall require a third party examiner to conduct a review of the plans and to perform code inspections. (B) Any plan review or code inspections required for construction or modification of structures off the excursion gambling boats, including areas through which gaming patrons may egress, shall be conducted by the local jurisdiction’s building inspector, fire inspector, and any other applicable local officials. (3) Hull inspections by third party examiners shall comply with the standards set forth in 11 CSR 45-6.020 and shall meet the following requirements: (A) An annual survey shall be conducted of permanently moored vessels by a third party examiner as defined in 11 CSR 45-6.020 to determine if structural changes exist which may affect the stability of the vessel. The survey shall consist of the following: 1. General inspection of the superstructure and layout of outfitting to ensure there are no changes to the approved arrangement that may affect the stability of the vessel; 2. Inspection of the underdock spaces to ensure watertight integrity of the vessel is maintained; 3. Inspection and report on the condition of the hull and watertight bulkheads; 4. Inspection and report on the condition of watertight doors and watertight bulkhead penetration; 5. Inspection and report on the condition of ventilator, hatch covers, and manhole covers; 6. Excursion gambling boats shall undergo dry-dock and internal structural examinations at intervals in accordance with 46 CFR section 71.50-3 or present evidence of compliance with alternative methods of hull examination as may be deemed acceptable at the time by the United States Coast Guard; 7. Inspection of permanently moored vessels having steel, aluminum, or concrete hulls may be performed in dry-dock or inthe-water. In-the-water inspections shall consist of an internal structural examination and a detailed nondestructive examination of the vessel’s hull. The non-destructive hull examination may be performed by underwater inspection methods or from inside the vessel if all compartments are safely accessible. “Safely accessible” shall be dependent upon the issuance of a “gas free certificate” by a certified marine chemist or an individual otherwise qualified to issue such certificate; 8. All hull structural and in-the-water examinations and inspections of permanently moored vessels shall be under the direction of a third party examiner. Expertise of the third party examiner shall include knowledge of nondestructive testing methods and procedures for the materials being tested and the nature of testing being accomplished; 9. The inspection techniques must be under the general direction of an American Society for Nondestructive Testing (ASNT) Level III nondestructive certified technician. Inspections and measurements must be performed by an ASNT Level II (or higher) nondestructive certified technician; 10. The inspection results must be maintained in a format that will allow for examination by the commission’s representatives, including comparison of results from the previous inspections; 11. Repairs using underwater welding shall be subject to periodic re-evaluation at subsequent inspections. Such repairs shall be completed in accordance with the standards found in the American Welding Society’s “Specifications for Underwater Welding” adopted by the jurisdiction where the structure is located; and 12. The commission may require immediate dry-docking of the vessel if structural examinations and underwater inspections or repair work are not conducted in accordance with these rules, or damage to the hull is extensive and compromises the structural integrity of the hull. (B) Written documentation of compliance with the requirements of subsection (3)(A) shall be furnished to the commission by the licensee. A third party examiner shall certify such documentation. (C) Written documentation of all findings, recommendations, or suggestions made by a third party examiner shall be furnished to the commission by the licensee. A third party examiner shall certify such documentation. (D) In the event the licensee retains a subsequent third party examiner, within fifteen (15) days the licensee shall— 1. Notify the commission; and 2. Furnish the most recent findings, recommendations, or suggestions of the previous third party examiner to the subsequent third party examiner. AUTHORITY: sections 313.004, 313.805, and 313.824, RSMo 2016.* Emergency rule filed June 25, 1996, effective July 5, 1996, expired Dec. 31, 1996. Original rule filed June 25, 1996, effective Feb. 28, 1997. Amended: Filed Feb. 19, 1998, effective Aug. 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.