Natural Resources, Parks and Recreation

Rule R651-215

Personal Flotation Devices

Notice of Proposed Rule

(Amendment)

DAR File No.: 34511
Filed: 03/15/2011 04:16:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Thirty years ago when boating equipment requirements were being put in place, there were no recreational vessels over 65 feet. In 2010, there were 231 vessels that exceeded 65 feet in length registered in Utah. Most of these are houseboats on Lake Powell. Currently there are no state or federal laws or rules outlining the safety equipment required to be on these large boats. The Division has been inspecting boats over 65 feet to the standards for vessels 40 to 65 feet. Since no rules apply to vessels over 65 feet, there is no way to require or enforce appropriate safety equipment on board these vessels.

Summary of the rule or change:

There is an immediate need to have basic safety equipment required on these large vessels. During 2010, the Boating Section assigned a committee to study and make recommendations to the Boating Advisory Council for a list of appropriate safety equipment that should be on board these vessels. Based on research done by the committee, these rule change recommendations were made.

State statutory or constitutional authorization for this rule:

• Section 73-18-8

Anticipated cost or savings to:

the state budget:

There is no additional cost or savings to state government. The cost will be the responsibility of those having to provide safety equipment on their boats.

local governments:

There is no additional cost or savings to local government. The cost will be the responsibility of those having to provide safety equipment on their boats.

small businesses:

A few small business owners who lease vessels 40 feet or greater may need to purchase a second type four personal flotation device (PFD) and 30 feet of line. Estimated cost would be less than $25 per boat. Approximately 1% of Utah registered boats are in this category.

persons other than small businesses, businesses, or local governmental entities:

Owners of vessels 40 feet or greater may need to purchase a second type four PFD and 30 feet of line. Estimated cost would be less than $25 per boat. Approximately 1% of Utah registered boats are in this category.

Compliance costs for affected persons:

Estimated cost would be less than $25 per boat.

Comments by the department head on the fiscal impact the rule may have on businesses:

Negligible impact on business.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/02/2011

This rule may become effective on:

05/09/2011

Authorized by:

Fred Hayes, Acting Operations Deputy Director

R651. Natural Resources, Parks and Recreation.

R651-215. Personal Flotation Devices.

R651-215-2. [PFD Requirements for Vessels Less than 16 Feet in Length.]Type IV PFD Requirements.

No person shall operate or give permission for the operation of a vessel[less than 16 feet in length unless there is at least one Type I, II, or III PFD for each person on board].

(1) 16 feet to less than 40 feet in length unless there is at least one Type IV PFD on board.

(2) 40 feet or more in length unless there is at least two Type IV PFDs on board, one shall be a minimum 18" ring buoy type with at least 30 feet of rope attached. Where reasonable, one shall be located near the bow and one shall be located near the stern of the vessel.

 

[ R651-215-3. PFD Requirements for Vessels 16 Feet or More in Length.

No person shall operate or give permission for the operation of a vessel 16 feet or more in length unless there is at least one Type I, II, or III PFD for each person on board. In addition to the total number of PFD's, there shall also be one Type IV PFD on board.

 

]R651-215-4. Types of Personal Flotation Devices.

Type I - Off-shore Life Jacket - provides the most buoyancy of any type of PFD. Designed to turn the most unconscious wearers to a face-up position in the water. Effective for all waters, especially open, rough or remote waters where rescue may be delayed. Acceptable for use on all vessels.

Type II - Near Shore Buoyancy Vest - is designed to turn some unconscious wearers to a face-up position in the water. Intended for calm, inland waters where there is a good chance of quick rescue.

Type III - Flotation Aid - Good for conscious users in calm, inland waters where there is good chance of quick rescue. Designed so conscious wearers can place themselves in a face up position in the water. The wearer may have to tilt their head back to avoid turning face-down in he water.

Type IV - Throwable Device - Designed to be thrown to a person in the water and grasped and held by the user until rescued. Not designed to be worn.

Type V - Special Use Device - Intended for specific activities and may be carried instead of another PFD if used according to the approval conditions on its label.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2011

Notice of Continuation: January 11, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-8