Natural Resources, Parks and Recreation

Rule R651-219

Additional Safety Equipment

Notice of Proposed Rule

(Amendment)

DAR File No.: 34514
Filed: 03/15/2011 05:22:32 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:

• Subsection 73-18-8(6)

Anticipated cost or savings to:

the state budget:

There is no additional cost or savings to state government. This is wording clarification only.

local governments:

There is no additional cost or savings to local government. This is wording clarification only.

small businesses:

There is no additional cost or savings to small business. This is wording clarification only.

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

There is no additional cost or savings to persons other than small businesses, businesses, or local government entities. This is wording clarification only.

Compliance costs for affected persons:

There is not compliance costs for anyone. This is wording clarification only.

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.

R651-219. Additional Safety Equipment.

R651-219-1. Sound Producing Device.

(1) Vessels 16 feet to less than 40 feet in length shall have on board a means of making an efficient sound, horn or whistle, capable of a four-to-six-second blast.

(2) Vessels 40 feet [to less than 65 feet]and greater in length shall have on board a horn or whistle and a bell. The horn or whistle shall be capable of a four-to-six-second blast and audible for one-half mile. The bell shall be designed to give a clear tone.

 

R651-219-2. Bailing Device.

All vessels, not of self-bailing design, shall have on board an adequate bail bucket or be equipped with a mechanical means for pumping the bilge. For vessels 65 feet or greater in length, there shall be a bilge pump for each below deck compartment.

 

KEY: boating, parks, life jackets

Date of Enactment or Last Substantive Amendment: [April 21, 2010]2011

Notice of Continuation: February 10, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-8(6)