250-RICR-80-00-1
250-RICR-80-00-1. Requirements and Standards for Vessels and Associated Equipment (version Technical Revision, 07/16/2014 to 07/16/2014)
250-RICR-80-00-1
TITLE 250 – DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
CHAPTER 80 – LAW ENFORCEMENT
SUBCHAPTER 00 - N/A
PART 1 – Requirements and Standards for Vessels and Associated Equipment
Table of Contents
PART 1 – Requirements and Standards for Vessels and Associated Equipment........................................ 1
1.1
Purpose ............................................................................................................................................. 3
1.2
Authority ............................................................................................................................................ 3
1.3
Application ......................................................................................................................................... 3
1.4
Definitions ....................................................................................................................................... 3-5
1.5
Enforcement ...................................................................................................................................... 5
1.6
Personal Flotation Devices ............................................................................................................ 5-7
1.7
Fire Extinguishing Equipment ........................................................................................................ 7-9
1.8
Backfire Flame Control ................................................................................................................. 9-10
1.9
Ventilation ................................................................................................................................... 10-11
1.10
Navigation Lights and Day Shapes ............................................................................................ 11-13
1.11
Sound Producing Devices .......................................................................................................... 13-14
1.12
Visual Distress Signals ............................................................................................................... 14-15
1.12.1 Table - Visual Distress Signals Required......................................................................................... 16
1.13
Uniform State Waterway Marker System ................................................................................... 16-17
1.14
Accidents and Casualties ................................................................................................................ 17
1.15
Rules of Navigation ......................................................................................................................... 18
1.16
Warning Flags for Scuba Divers, Skin Diving, or Snorkeling .......................................................... 18
1.17
Towing Skiers ............................................................................................................................. 19-19
1.18
Vessel Registration Numbering and Display of Numbers .......................................................... 19-20
1.19
Penalties .......................................................................................................................................... 21
1.20
Severability ...................................................................................................................................... 21
1.21
Superseded Rules and Regulations ............................................................................................... 21
1.22
Table - Minimum Number of B-I Hand-Portable Fire Extinguishers Required ................................ 21
1.23
Table - Minimum Number of B-I Hand-Portable Fire Extinguishers Required ................................ 22
1.1
Purpose
These rules and regulations are promulgated in accordance with R.I. Gen. Laws § 46-
22-5(k) to adopt regulations consistent with the Federal Boating Safety Act of 1971.
1.2
Authority
These rules and regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-
17.1, Environmental Management, R.I. Gen. Laws § 46-22-5(k), and in accordance with
R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
1.3
Application
The terms and provisions of these rules and regulations shall be liberally construed to
permit the Department to effectuate the purposes of state laws, goals, and policies.
1.4
Definitions
For the purpose of these regulations, the following terms shall have the following
meanings:
A.
“Aids to navigation” means any device designed or intended to assist the
navigator to determine his/her position or safe course or to warn him/her of
danger or obstructions to navigation.
B.
“All-round light” means a light showing an unbroken light over an arc of 360
degrees.
C.
“Canoe” means a narrow vessel or shallow draft, typically pointed at both ends
and propelled by human power and includes kayaks.
D.
“Kiteboard” means a vessel, similar in appearance to a surfboard, with or without
foot-straps or bindings combined with a large controllable kite to propel the rider
and board across the water.
E.
“Masthead light” means a white light placed over the fore and aft centerline of the
vessel showing an unbroken light over an arc of the horizon of 225 degrees and
so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on
its respective side.
F.
“Motorboat” means as defined by Definitions; 46 C.F.R. § 24.10-1, means any
vessel 65 feet (19.8 meters) in length or less that is propelled by machinery. The
word “motorboat” includes a boat temporarily or permanently equipped with a
detachable motor. For purposes of this chapter, motorboat shall not include
houseboats as defined R.I. Gen. Laws § 44-5-25.1.
G.
“Motor vessel” means as defined by 46 C.F.R. § 24.10-1 means any vessel more
than 65 feet (19.8 meters) in length that is propelled by machinery.
H.
“Paddleboard” means a vessel consisting of a large board which is stable enough
to support a person standing while it is paddled in a manner similar to operating a
canoe and is “practically capable” and intended to be used as a water sport
activity beyond the narrow limits of a swimming, surfing, or bathing area. A
paddleboard being used within the limits of a swimming, surfing, or bathing area
is not considered a vessel at that time and not subject to the safety equipment
carriage requirements of these regulations.
I.
“Personal flotation device" or "PFD” means a lifesaving flotation device approved
by the United States Coast Guard, pursuant to 46 C.F.R. § 160.
J.
“Personal watercraft” means a vessel, less than 16 feet (4.9 meters) in length
that is propelled by machinery and is designed to be operated by a person sitting,
standing, or kneeling on the vessel, rather than the conventional manner of
sitting or standing inside of the vessel.
K.
“Racing shell" or "rowing scull" or "racing kayak” means a manually propelled
vessel that is recognized by national or international racing association(s) for use
in competitive racing, and one in which all occupant's row, scull, or paddle with
the exception of a coxswain, if one is provided, and is not designed to carry
equipment.
L.
“Readily accessible” means when used to describe the accessibility of personal
flotation device(s) (PFDs), fire extinguisher(s), and visual distress device(s)
means that the equipment described is visible to the operator and passengers
and easy to gain access to in the event of an emergency.
M.
“Regulatory markers” means any device which indicates to a vessel operator the
existence of dangerous areas as well as those which are intended to restrict or
control, such as speed zones and areas indicated to a particular use or to
provide general information and directions. This includes, but is not limited to,
bathing markers, speed zone markers, information markers, danger zone
markers, boat keep out areas, and mooring areas.
N.
“Rowboat” means any vessel, except a canoe, that is designed to be rowed by
human power by oars or paddles and upon which there is no mechanical
propulsion device or sail used for the operation of the vessel.
O.
“Sailboat” means any vessel equipped with masts and sails, dependent upon the
wind to propel it in the normal course of operation.
P.
“Sailboard” means a vessel, similar in appearance to a surfboard, equipped with
a swivel mounted mast and sail not secured to a hull by guys or stays.
Q.
“Serviceable condition” means when used to describe the condition of personal
flotation device(s) (PFDs), fire extinguisher(s), and visual distress device(s)
means that the device is in working condition and is as manufactured without
modification or missing, broken or torn parts, and any expiration date on the
device is still valid.
R.
“Sidelights” means a green light on the starboard side and a red light on the port
side, each showing an unbroken light over an arc of the horizon of 112.5 degrees
and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam
on its respective side. On a vessel of less than 39.37 feet (12 meters) in length,
the sidelights, when combined in one lantern, shall be placed as nearly as
practicable to the fore and aft centerline of the vessel.
S.
“Sternlight” means a white light placed as nearly practicable at the stern showing
an unbroken light over an arc of the horizon of 135 degrees and so fixed as to
show the light 67.5 degrees from the right aft on each side of the vessel.
T.
“Throwable PFD” means a personal flotation device that is intended to be thrown
to a person in the water and used in accordance with any limitations specified on
the U.S. Coast Guard approved label and with the manufacturer’s instructions. A
specifically marked “wearable” PFD is not a throwable PFD.
U.
“Underway” means that a vessel is not at anchor, or made fast to the shore, or
aground.
V.
“Vessel” means every description of watercraft or other artificial contrivance used
or capable of being used as a means of transportation on water.
W.
“Wearable PFD” means a personal flotation device that is intended to be worn or
otherwise attached to the body and used in accordance with any limitations
specified on the U.S. Coast Guard approved label and with the manufacturer’s
instructions.
X.
“Whistle” means any sound signaling appliance which complies with the
specifications of 33 C.F.R. § 86, Annex III-Technical Details of Sound Signaling
Appliances.
1.5
Enforcement
Pursuant to R.I. Gen. Laws § 46-22-17, the Department of Environmental Management
Environmental Police Officers, harbormasters, and police officers have the authority to
enforce state laws and regulations on all tidal and non-tidal waters of the state. In
his/her jurisdiction, an enforcement officer has the authority to stop and board any
vessel to check for compliance with state law.
1.6
Personal Flotation Devices
Applicability:
These regulations shall apply to all vessels used on waters subject to the jurisdiction of
the state, except:
A.
Racing shells, rowing sculls, racing kayaks, and any vessel engaged in a
sanctioned regatta, race or a practice held within 48 hours of the sanctioned
event.
B.
Personal Flotation Devices Required
1.
No person may use a vessel less than 16 feet (4.9 meters) in length
including canoes, kayaks, sailboards, kiteboards and paddleboards
unless:
a.
At least one wearable U.S. Coast Guard approved PFD is on a
vessel for each person on board.
b.
Each wearable PFD is used in accordance with any requirements
on the U.S. Coast Guard approved label and used in accordance
with the manufacturer’s recommendations for its intended use.
2.
No person may use a vessel 16 feet (4.9 meters) or more in length unless:
a.
At least one wearable U.S. Coast Guard approved PFD is on a
vessel for each person on board.
b.
Each wearable PFD is used in accordance with any requirements
on the U.S. Coast Guard approved label and used in accordance
with the manufacturer’s recommendations for its intended use.
c.
One U.S. Coast Guard approved throwable PFD is on a vessel in
addition to the number of wearable PFD’s required.
C.
Exemptions
Canoes, kayaks, sailboards, kiteboards and paddleboards 16 feet (4.9 meters) in
length and greater are exempted from the carriage requirements of having one
throwable PFD on board the vessel.
D.
Stowage
1.
No person may use a vessel unless each wearable PFD is readily
accessible.
2.
No person may use a vessel unless each throwable PFD is readily
accessible.
E.
Conditions: Approval: Marking
1.
No person may use a vessel unless each PFD required is: In serviceable
condition, i.e. all straps, hardware, cover, flotation material, in undamaged
condition.
2.
Legibly marked with the approval number from the U.S. Coast Guard as
specified in 46 C.F.R. Part 160 for items subject to approval.
3.
Of an appropriate size for the person for whom it is intended.
F.
Flotation Devices: Children
Pursuant to R.I. Gen. Laws § 46-22-9.2, any person transporting a child under 13
years of age in a recreational vessel less than 65 feet (19.8 meters) in length on
the waters of this state shall require that the child wear a wearable PFD
approved by the U.S. Coast Guard while underway, unless below deck in a
closed cabin.
1.7
Fire Extinguishing Equipment
A.
Applicability
This section applies to all motorboats and motor vessels used on waters subject
to the jurisdiction of this state.
B.
Prohibition
No person may use a motorboat or motor vessel unless it meets the
requirements of § 1.7(D) of this Part.
C.
Classification of Fire Extinguishing Equipment
1.
Hand-portable fire extinguishers and semi-portable fire extinguishing
systems are classified by a combination letter and number symbol; the
letter indicates the type of fire which the unit could be expected to
extinguish, and the number indicates the relative size of the unit.
2.
For the purpose of this section, all required hand-portable extinguishers
and semi-portable fire extinguishing systems are of the “B” type, i.e.,
suitable for extinguishing fires involving flammable liquids, greases, etc.
3.
The number designations for size will start with “I” for the smallest to “V”
for the largest. For the purpose of this section, only sizes I through III will
be considered. Sizes I and II are considered hand-portable fire
extinguishers and sizes III, IV, and V are considered semi-portable fire
extinguishing systems which shall be fitted with suitable hose and nozzle
or other practicable means so that all portions of the space concerned
may be covered.
D.
Fire Extinguishing Equipment Required:
1.
All motorboats shall carry at least the minimum number of hand- held
portable fire extinguishers set forth in § 1.22 of this Part, except
motorboats less than 26 feet (7.9 meters) in length, propelled by outboard
motors and not carrying passengers for hire. These need not carry such
portable fire extinguishers if the construction of such motorboats will not
permit the entrapment of explosive or flammable gasses or vapors. See §
1.7(E) of this Part.
2.
All motor vessels shall carry at least the minimum number of hand-
portable fire extinguishers set forth in § 1.23 of this Part and the following
fire extinguishing equipment fitted in each machine space:
a.
One Type B-II hand-portable fire extinguisher shall be carried for
each 1,000 B.H.P. of the main engines or fraction thereof.
However, not more than six such extinguishers need to be carried.
b.
On motor vessels over 300 gross tons, either one Type B-III semi-
portable fire extinguishing systems shall be fitted, or alternatively, a
fixed fire extinguishing system shall be fitted in the machinery
space. The frame or support of each Type B-III fire extinguisher
required must be welded or otherwise permanently attached to a
bulkhead or deck.
E.
Exemptions
A person using a motorboat equipped with an outboard motor, less than 26 feet
(7.9 meters) in length need not comply with § 1.22 of this Part if the construction
of such motorboat will not permit the entrapment of explosive or flammable gases
or vapors. The motorboat must comply with § 1.22 of this Part if one or more of
the following conditions exist:
1.
Closed compartment under thwarts and seats wherein portable fuel tanks
may be stored.
2.
Double bottoms are not sealed to the hull or that are not completely filled
with flotation material.
3.
Closed living spaces.
4.
Closed stowage compartments in which combustible or flammable
materials are stowed.
5.
Permanently installed fuel tanks: A tank is considered permanently
installed if it is secured so that it cannot be moved in case of a fire or other
emergency or if it is such a weight that it cannot be moved by persons on
board.
F.
Stowage
Each item of fire-extinguishing equipment required by § 1.7(D) of this Part must
be:
1.
Stowed away from the potential hazard area.
2.
Readily accessible.
G.
Approval: Condition: Marking
Each item of hand-portable or semi-portable fire extinguishing equipment and
each fixed fire extinguishing system required by § 1.7(D) of this Part must be:
1.
Approved by the U.S. Coast Guard, under 46 C.F.R. § 162.028 or §
162.039 as applicable.
2.
In good serviceable condition.
H.
Fire Extinguishing Equipment Prohibited
The carriage of the following types of fire extinguishers is prohibited:
1.
Dry chemical stored pressure type, not fitted with pressure gauges or
indicating devices.
2.
Vaporizing liquid type containing tetrachloride, chloroboromethane, or
other toxic vaporizing liquids.
1.8
Backfire Flame Control
A.
Applicability
This section applies to all motorboats and motor vessels, used on the waters
subject to the jurisdiction of the state, and to which regulations apply, in which
gasoline engines are installed, except vessels equipped with outboard motors.
B.
Backfire Flame Control Requirement
No person may use a motorboat or motor vessel to which this section applies,
unless each engine is provided with at least one of the following means of
backfire flame control:
1.
Backfire flame arrestor.
2.
An engine air and fuel induction system.
3.
An attachment to the carburetor or a location of the engine air induction
system by means of which flames caused by engine backfire will be
dispersed to the atmosphere outside the boat in such a manner that the
flames will not endanger the boat, persons on board, or nearby vessels
and structures.
4.
On boats having an integrated engine-boat design, an engine air induction
system.
C.
Approval: Marking: Condition
With the exception of §§ 1.8(D) and (E) of this Part, no person may use a
motorboat or motor vessel to which this section applies unless each backfire
flame control installation required by § 1.8(B) of this Part is:
1.
Approved by the U.S. Coast Guard under 46 C.F.R. § 182.415.
2.
Marked according to the requirements in 46 C.F.R. § 182.415.
3.
Maintained in serviceable condition.
D.
Installation not Requiring Approval
Any attachment designed, constructed, and installed under the provisions of §
1.7(B)(1) of this Part does not require approval and labeling. However, all
attachments shall be of metallic construction with flame-tight connections, firmly
secured to withstand vibrations, shock and engine backfire, and maintained in
serviceable condition.
E.
Installation with Prior Approval
Installation consisting of backfire flame arresters or engine air and fuel induction
systems bearing U.S. Coast Guard approval No.162.015 need not meet the
detailed requirements of § 1.7(D) of this Part and may continue to be in use as
long as they are maintained in serviceable condition. Replacements shall meet
the applicable conditions in this section.
1.9
Ventilation
A.
Applicability
This section applies to all motorboats and motor vessels used on waters subject
to the jurisdiction of this state.
B.
Prohibition
No person may use a motorboat or motor vessel unless it meets the
requirements of § 1.9(C) of this Part.
C.
Tanks and Engine Spaces
1.
All motorboats or motor vessels to which this section applies, except open
boats, the construction or decking over of which is commenced after April
25, 1940, and which uses fuel having a flash-point of 110 degrees
Fahrenheit or less, shall have at least 2 ventilator ducts fitted with cowls or
their equivalent, for the efficient removal of explosive or flammable gasses
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 re-circulated.
2.
As used in this section, the term “Open Boats” means those motorboats or
motor vessels with all engine and fuel tank compartments and other
spaces to which explosive or flammable gasses and vapors from these
compartments may flow, open to the atmosphere and so arranged as to
prevent the entrapment of such gasses and vapors within the vessel.
1.10 Navigation Lights and Day Shapes
A.
Applicability
Every vessel, used on the waters subject to the jurisdiction of this state, and
subject to these regulations, from sunset to sunrise, and other periods of reduced
visibility, shall carry and exhibit the following lights while underway or at anchor,
and during such time, no other lights which may be mistaken for those prescribed
shall be exhibited. The rules concerning shapes shall be complied with by day,
sunrise to sunset.
B.
Visibility
The lights prescribed in these rules shall be visible at the following minimum
ranges:
1.
Vessels of 164.04 feet (50 meters) or more in length:
a.
A masthead light: 6 miles,
b.
A sidelight: 3 miles,
c.
A sternlight: 3 miles,
d.
A white, red, or green all-round light: 2 miles
2.
Vessels of 39.4 feet (12 meters) or more but less than 164.04 feet (50
meters) in length:
a.
A masthead light: 5 miles, except that where the length of the
vessel is less than 65.6 feet (20 meters): 3 miles,
b.
A sidelight: 2 miles,
c.
A stern light: 2 miles,
d.
A white, red, or green all-round light: 2 miles
3.
Vessels of less than 39.4 feet (12 meters) in length:
a.
A masthead light: 2 miles,
b.
A sidelight: 1 mile,
c.
A stern light: 2 miles,
d.
A white, red, or green all-round light: 2 miles
C.
Power-Driven Vessels While Underway
1.
A power-driven vessel underway shall exhibit a masthead light forward, a
second masthead light abaft of and higher than the forward one, except
that a vessel of less than 164.04 feet (50 meters) in length shall not be
obliged to exhibit a second masthead light abaft of and higher than the
forward one but may do so. Sidelights and a stern light shall also be
exhibited.
2.
A power driven vessel of less than 39.4 feet (12 meters) in length may, in
lieu of the lights prescribed in § 1.10(C)(1) of this Part exhibit an all-round
white light, and sidelights.
D.
Sailing Vessels Underway and Manually Propelled Vessels
1.
A sailing vessel underway shall exhibit sidelights and a sternlight.
2.
A sailing vessel of less than 65.6 feet (20 meters) in length may, in lieu of
the lights prescribed in § 1.10(D)(1) of this Part, may combine the lights in
§ 1.10(D)(1) of this Part in one lantern carried at or near the top of the
mast where it can best be seen.
3.
A sailing vessel underway may, in addition to the lights prescribed in
§ 1.10(D)(1) of this Part, exhibit at or the near top of the mast, where they
can best be seen, two all-round lights in a vertical line, the upper being red
and the lower green, but these lights shall not be exhibited in conjunction
with the combined lantern permitted by § 1.10(D)(2) of this Part.
4.
A sailing vessel of less than 22.97 feet (7 meters) in length shall, if
practicable, exhibit the lights prescribed in §§ 1.10(D)(1) or (D)(2) of this
Part, but if she does not, she shall have, ready at hand, an electric torch or
lighted lantern showing a white light which shall be exhibited in sufficient
time to prevent collision.
5.
A manually propelled vessel may exhibit the lights prescribed in this Part
for sailing vessels, but if she does not, she shall have, ready at hand, an
electric torch or lighted lantern showing a white light which shall be
exhibited in sufficient time to prevent collision.
6.
A vessel proceeding under sail, when also being propelled by machinery,
shall exhibit forward, a conical shape, apex downward, where it can best
be seen. A vessel less than 39.4 feet (12 meters) in length is not required
to exhibit this shape, but may do so.
7.
Sailing vessels using machinery, or sail and machinery, must display lights
required for power driven vessels in § 1.10(C) of this Part.
E.
Anchored Vessels and Vessels Aground
1.
Vessels at anchor shall exhibit where it can best be seen in the fore part,
an all-round white light or one ball; and at or near the stern, and all-round
white light at a lower level than the all-round white light or one ball in the
fore part where it can best be seen.
2.
Vessels of less than 164.04 feet (50 meters) in length may exhibit an all-
round white light where it can best be seen instead of the lights prescribed
in § 1.10(E)(1) of this Part.
3.
A Vessel at anchor may, and a vessel of 328.1 feet (100 meters) or more
in length, shall also use the available working or equivalent lights to
illuminate her decks.
4.
A vessel aground shall exhibit the lights prescribed in §§ 1.10(E)(1) or
(E)(2) of this Part and in addition, if practicable, where they can best be
seen, two all-round red lights in a vertical line or three balls in a vertical
line.
5.
Vessels of less than 22.97 feet (7 meters) in length when at anchor, not in
or near a narrow channel, fairway, anchorage, or where other vessels
normally navigate, shall not be required to exhibit the lights or shapes
prescribed in §§ 1.10(E)(1) and (E)(2) of this Part.
6.
Vessels of less than 39.4 feet (12 meters) in length, when aground, shall
not be required to exhibit two all-round red lights in a vertical line or three
balls in a vertical line as prescribed in § 1.10(E)(4) of this Part.
1.11 Sound Producing Devices
A.
Applicability
1.
This section applies to all vessels used on waters subject to the
jurisdiction of this state, except:
2.
Racing shells, rowing skulls, racing kayaks, and any vessels engaged in a
sanctioned regatta, race or a practice held within 48 hours of the
sanctioned event.
B.
Prohibition
No person may use a vessel to which this section applies unless it meets the
requirements of 33 C.F.R. § 86, Annex III-Technical Details of Sound Signal
Appliances.
C.
Requirements
1.
Vessels of 39.4 feet (12 meters) but less than 65.6 feet (20 meters) in
length shall be provided with a whistle audible for 1/2 nautical mile; a
vessel 65.6 feet (20 meters) but less than 328.1 feet (100 meters) in
length shall be provided with a whistle and a bell audible for 1 nautical
mile; a vessel 328.1 feet (100 meters) in length or more shall be provided
with a whistle, bell and a gong, the tone of which cannot be confused with
that of a bell. For all vessels, the bell or gong or both may be replaced by
other equipment having the same respective sound characteristics,
provided that manual sounding of the prescribed signals shall always be
possible.
2.
Vessels of less than 39.4 feet (12 meters) including canoes, kayaks,
sailboards, kiteboards, and paddleboards shall carry some means of
making an efficient sound signal capable of a 4 second blast and audible
for ½ nautical mile.
1.12 Visual Distress Signals
A.
Applicability
This section applies to all vessels used on the coastal waters of this state.
B.
Classification of Visual Distress Signals
A visual distress signal is a device approved by the United States Coast Guard
under 46 C.F.R. §§ 160 and 161. The Federal Requirements for visual distress
signals are located in 33 C.F.R. § 175.
C.
Visual Distress Signal Requirements
1.
No person shall use a vessel 16 feet (4.9 meters) or more in length unless
visual distress signals selected from § 1.12 of this Part, in the number
required, are on board. Devices suitable for day use and for night use, or
combination devices designed for both day and night use must be carried.
2.
No person may use a vessel less than 16 feet (4.9 meters) in length,
between sunset and sunrise, unless visual distress signals suitable for
night use, selected from § 1.12 of this Part in the number required, are on
board.
3.
When a visual distress signal carried to meet these regulations requires a
launcher, a launcher approved by the U.S. Coast Guard under 46 C.F.R.
§ 160.028 is required.
D.
Exemptions
1.
The following persons need not comply with § 1.12(C) of this Part;
however, each must carry on board visual distress signals suitable for
night use, selected from § 1.12 of this Part in the number required,
between sunset and sunrise:
2.
Racing shells, rowing skulls, racing kayaks and any vessel engaged in a
sanctioned regatta, race or a practice held within 48 hours of the
sanctioned event.
3.
A sailboat of completely open construction not equipped with propulsion
machinery, under 26 feet (7.9 meters) in length.
E.
Stowage
No person may use a vessel unless the required visual distress signals
are readily accessible.
F.
Serviceability
No person may use a vessel unless each required signal is in serviceable
condition and the service life, indicated by a date marked on the signal,
has not expired. Expired signals may be carried as extra equipment, but
cannot be counted toward the visual distress requirement.
G.
Marking
No person may use a vessel unless each signal required is legibly marked
with the U.S. Coast Guard approval number or certification statement as
specified in 46 C.F.R. §§ 160 and 161.
H.
Prohibited Use
No person in a vessel shall display a visual distress signal on waters to
which these regulations apply under any circumstance except a situation
where assistance is needed because of immediate or potential danger to
the persons on board.
1.12.1 Table - Visual Distress Signals Required
Approval Number
Device Description
Requirements
Required
46 C.F.R. § 160.021
Hand-Held Red Flare Distress Signal
Day/Night
3
46 C.F.R. § 160.022
Floating Orange Smoke Distress
Signal
Day Only
3
46 C.F.R. §160.024
Parachute Red Flare Distress Signal
(these signals require use in
combination with a suitable launching
device approved by the U.S. Coast
Guard under 46 C.F.R. § 160.028).
Day/Night
3
46 C.F.R. §160.036
Hand-Held Rocket-Propelled
Parachute Red Flare Distress Signal
Day/Night
3
46 C.F.R. § 160.037
Hand-Held Orange Smoke Distress
Signal
Day Only
3
46 C.F.R. § 160.057
Floating Orange Smoke Distress
Signal
Day Only
3
46 C.F.R. § 160.066
Distress Signal For Boats, Red Aerial
Pyrotechnic Flare (these devices may
be either meteor or parachute
assisted types. Some of these
signals may require use in
combination with a suitable launching
device approved by the U.S. Coast
Guard under 46 C.F.R. § 160.028).
Day/Night
3
1.13 Uniform State Waterway Marker System
A.
State Agency May Make Regulations
The Department of Environmental Management may make rules for the uniform
marking of the water areas in this state through the placement of aids to
navigation and regulatory markers prescribed by the U. S. Coast Guard. No city,
county, or person shall mark or obstruct the waters of this state in any manner so
as to endanger the operation of watercraft or conflict with the marking system
prescribed by the Department of Environmental Management.
B.
Disobedience to Aids to Navigation or Regulatory Markers
It shall be unlawful for a person to operate a vessel on the waters of this state in
a manner other than that prescribed or permitted by the aid to navigation and/or
the regulatory marker as referenced in § 1.13(A) of this Part.
C.
Interference with Aids to Navigation or Regulatory Markers
No person shall moor or fasten a vessel to or willfully damage, tamper, remove,
obstruct, or interfere with any aid to navigation or regulatory marker prescribed or
permitted pursuant to § 1.13(A) of this Part.
1.14 Accidents and Casualties
A.
Reporting of Accidents and Casualties
1.
The owner or operator of any vessel on the waters of this state, involved,
or whose vessel is involved, in an accident and/or casualty where the
value of the damage is in excess of two thousand dollars ($2,000.00), or
other casualty which results in death or injury to a person, shall report the
same, and immediately give notice of the incident to the Department of
Environmental Management or to a nearby office of local or state police.
2.
Examples of casualties that are required to be reported under this Rule
are:
a.
A collision between two vessels where the total property damage to
either or both vessels is estimated to be more than two thousand
dollars ($2,000.00).
b.
A grounding of a vessel that results in property damage in excess
of $2,000.00.
c.
A collision with a fixed object (dock, pier, buoy, etc.) that results in
property damage in excess of $2,000.00.
d.
Any injury to a person that requires treatment beyond first aid. (e.g.
struck by a vessel, falls overboard, falls caused by wake, as a
result of a collision, collision being towed by a vessel, riding on a
vessel, etc.).
e.
A person becoming seriously ill or dying from medical causes not
related to boating is not a reportable accident under this Rule.
B.
Owner Required to Make Written Report
The owner of a vessel involved in an accident or casualty in excess of two
thousand dollars ($2,000.00) shall, within five (5) days after the incident, forward
a written report of the incident to the Department of Environmental Management,
Division of Law Enforcement, 235 Promenade Street, Room 250, Providence, RI
02908, on forms provided by the department.
1.15 Rules of Navigation
These rules and regulations adopt the following:
A.
The International Navigation Rules Act of 1977, P.L. 95-75, 91 Stat. 311, 33
U.S.C. §§ 1601-1608, 33 C.F.R. §§ 80-82, for the operation of vessels on the
waters of this state south of the COLREG’s Demarcation Line.
B.
The Inland Navigation Rules Act of 1980, P.L. 96-591, 94 Stat. 3415, 33 C.F.R.
§§ 83-90 for the operation of vessels on the waters of this state north of the
COLREG’s Demarcation Line.
1.16 Warning Flags for Scuba Divers, Skin Diving, or Snorkeling
A.
Applicability
This section applies to any person scuba diving, skin diving, or snorkeling in an
area where motor boats or motor vessels are operated on the waters subject to
the jurisdiction of this state.
B.
Requirements and Restrictions for the Use of Warning Flags
1.
A warning flag shall be placed on a buoy at a place of the diver’s
submergence. The flag shall be red in color and at least twelve by twelve
inches (12” x 12”) with a white stripe running from the diagonal corners
and the stripe one quarter (1/4) as wide as the flag.
2.
If not placed on a buoy, a warning flag shall be conspicuously flown upon
a vessel which the diver is then using in the area. This flag shall meet the
description of § 1.16(B)(1) of this Part, however, it shall be at least
eighteen by eighteen inches (18"x 18").
3.
A warning flag shall be in place only while diving operations are in
progress.
4.
A warning flag shall be illuminated by a light shining on the flag during the
hours between sunset and sunrise.
5.
No person shall use a warning flag in an area that obstructs navigation.
6.
Motorboats shall not be operated within fifty feet (50') of any flag as above
described. No person shall be in violation of this section if he or she
travels within fifty feet (50') of a scuba diver, skin diver, or snorkeler who is
in fact obstructing navigation.
1.17 Towing Skiers
A.
Applicability
This section applies to all vessels on waters subject to the jurisdiction of the state
towing a person(s) on water skis, surfboard, tube, or similar device.
B.
Requirements and Restrictions for Towing Skiers
1.
No person shall operate a vessel on any waters of this state for towing a
person(s) on water skis, surfboard, tube, or similar device unless there is a
person in the vessel at least twelve (12) years of age in addition to the
operator who is in a position to observe the progress of the person(s)
being towed.
2.
Any person on water skis, surf board, tube, or similar device being towed
behind a vessel, must wear a personal flotation device approved by the
U.S Coast Guard and approved for this towing activity.
3.
No person shall operate a vessel on any waters of this state towing a
person(s) on water skis, surfboard, tube, or similar device, nor shall any
person engage in water skiing, surfboarding, tubing, or a similar activity at
any time between the hours from one hour after sunset to one hour before
sunrise.
4.
No person shall operate or manipulate any vessel, tow rope, or other
device by which the direction or location of water skis, a surfboard, or
similar device may be affected or controlled in such a way as to cause the
water skis, surfboard, or similar device, or any person thereon to collide
with or strike against any object or person.
C.
Exemptions
The provisions of § 1.17(B)(1) through (3) of this Part do not apply to a performer
engaged in a professional exhibition or a person(s) engaged in an activity
authorized under R.I. Gen. Laws § 46-22-13.
1.18 Vessel Registration Numbering and Display of Numbers
A.
Applicability
This section applies to all vessels required to be registered and numbered under
R.I. Gen. Laws Chapter 46-22 used on the waters subject to the jurisdiction of
this state.
B.
Prohibition
No person may operate a vessel unless it meets the requirements of §§ 1.18(C)
and (D) of this Part unless exempted from numbering and registration under R.I.
Gen. Laws Chapter 46-22.
C.
Position of Vessel Numbers and Registration Decal
The registration numbers assigned to a vessel must be placed on said vessel.
These numbers must be at least three inches high; must be of a contrasting color
to the background upon which they are placed; must be painted or attached to
each side of the forward half of the vessel and so positioned to read from left to
right and be distinctly visible and legible except as allowed by § 1.18(D) of this
Part. In addition to the registration number, each registered vessel must display
the assigned registration decal to be affixed within three inches to the right of the
registration number. No other numbers and only current decals shall be
displayed. The numbers and decal must be displayed so that there is a space
between the prefix (state abbreviation), four numerals, the suffix (letter or letters)
and the decal. The width of the space between each must be at least the width
of a numeral or letter other than 1 or I.
Example: RI 1234 X
D.
Exemptions
1.
When a vessel is used by a manufacturer or by a dealer for testing or
demonstrating, the registration number may be painted on or attached to
removable plates that are temporarily but firmly attached to each side of
the forward half of the vessel.
2.
When a vessel is so configured that a registration number on the hull or
superstructure would not be easily visible, the registration number must be
painted on a backing plate that is attached to the forward half of the vessel
so that the number is visible from each side of the vessel.
3.
When a vessel has been documented by the U.S. Coast Guard, the vessel
must follow federal laws and regulations with regards to the display of
documentation numbers, and the assigned registration decals must be
placed on each side of the forward half of the vessel where the decals are
distinctly visible. It is acceptable for a documented vessel to place the
registration decal in an area other than the hull of the vessel. For
example, a window or the windshield may be used.
E.
Certificate of Number (Registration) required on Board
A valid certificate of number (registration) or temporary registration must be on
board the vessel whenever the owner or any person authorized by the owner is
aboard, except that a rental boat may carry a rental agreement in lieu of the
certificate. Each person using a vessel to which this rule applies shall present
Decal
the certificate of numbers (registration) to any federal, state or local enforcement
officer for inspection at his or her request.
1.19 Penalties
Any person who violates any provision of these regulations promulgated under R.I. Gen.
Laws Chapter 46-22 shall be subject to the imposition of a penalty for each and every
violation as provided in R.I. Gen. Laws § 46-22-19.
1.20 Severability
If any provision of these rules and regulations, of the application thereof to any person
or circumstances, is held invalid by a court of competent jurisdiction, the validity of the
remainder of the rules and regulations shall not be affected thereby.
1.21 Superseded Rules and Regulations
On the effective date of these rules and regulations, all previous rules and regulations
and any policies regarding the administration and enforcement of The Regulation Boats
Chapter 46-22 of R.I. Gen. Laws shall be superseded. However, any enforcement
action taken by or application submitted to, the department prior to the effective date of
these rules and regulations shall be governed by the rules and regulations in effect at
the time the enforcement action was taken, or application filed.
1.22 Table - Minimum Number of B-I Hand-Portable Fire
Extinguishers Required
Length of Vessel
Without an Approved Fixed Fire
Extinguishing System
With an Approved Fixed Fire
Extinguishing System
Less than 26ft. (7.9
meters) in length
1
0
26ft. (7.9 meters) to
less than 40ft. (12.2
meters)
2
1
40ft. (12.2 meters) to
65ft. (19.8 meters) in
length
3
2
Note: One B-II Hand-portable fire extinguisher may be substituted for two B-I hand-portable
fire extinguishers.
1.23 Table - Minimum Number of B-I Hand-Portable Fire
Extinguishers Required
Gross Tonnage
Number of B-II Fire Extinguishers
0-50 Tons
1
50-100 Tons
2
100-500 Tons
3
500-1000 Tons
6
Over 1000 Tons
8