2 Colo. Code Regs. § 405-3-304

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 405-3-304 - PERSONAL FLOTATION DEVICES

1. River outfitters shall provide commercial passengers participating in regulated trips personal flotation devices (PFDs) as follows:

a. PFDs shall be in good and serviceable condition, of the proper size and fit for the intended wearer and be used in accordance with the manufacturer's label. PFDs shall have 70 Newtons (NT) of buoyancy, be adjustable, and be capable of retaining the wearer in swift water conditions. PFDs shall be U.S. Coast Guard approved and inherently buoyant. Hybrid and inflatable PFDs are unacceptable. PFDs shall be wearable, meaning a PFD that is intended to be worn or otherwise attached to the body in accordance with the manufacturer's label. Or,

b. PFDs must be U.S. Coast Guard Type II, Type III, or Type V, provided the PFD is a vest style design. CPW incorporates the PFD type codes promulgated by the U.S. Coast Guard and codified in the October 21, 2014 version of 46 CFR § 160 by reference, but not subsequent amendments. Such materials are available through the U.S. Coast Guard, Office of Governmental & Public Affairs (CG-0922), 2703 Martin Luther King Jr. Ave. SE, Washington, D.C. 20593.

(1) All Type III PFDs must have a minimum of 2 adjustable straps on the side, 1 adjustable waist strap and adjustable shoulder straps, capable of retaining the wearer in swift water conditions. Type III PFDs must be intended for paddling or kayaking use by the U.S. Coast Guard and be labeled accordingly.

c. All child and infant PFDs must be a vest style design equipped with an additional flotation collar and must have a crotch strap worn in accordance with the manufacturer's label, including previous Type II, Type III, and Type V PFDs.

2. Each guide shall require that every commercial passenger wears and has tied or otherwise securely fastened his or her assigned personal flotation device at all times while on or in a river, except during regulated trips operating on designated flatwater where passengers thirteen years of age or older may be permitted to remove or loosen the personal flotation device at the discretion of the guide or trip leader.

3. Except on designated flatwater, every river outfitter, guide, guide in training, guide instructor, and trip leader shall at all times while participating in a regulated trip or guide training trip wear a PFD meeting the specifications listed in #304-1 and in the manner specified in #304-2.

4. Designated flatwater means:

a. The Colorado River- from the Loma boat launch in Mesa County to the Utah/Colorado state line; and

b. The Gunnison River in Delta County -from the Smith Fork to the North Fork.

c. The Yampa River from the Hayden Station Pump Station in Routt County to the Juniper Canyon Access Site in Moffat County and from the Maybell Bridge at Highway 40 in Moffat County to the Cross Mountain River Access Site in Moffat County.

5. The trip leader shall ensure that at least one spare U.S. Coast Guard approved personal flotation device as specified in # 304-1 is carried per regulated trip that includes one or more rafts, dories, or motorboats. All required spare personal flotation devices shall be in good and serviceable condition.

2 CCR 405-3-304

37 CR 15, August 10, 2014, effective 9/1/2014

37 CR 19, October 10, 2014, effective 11/1/2014

39 CR 07, April 10, 2016, effective 5/1/2016

40 CR 13, July 10, 2017, effective 8/1/2017

43 CR 15, August 10, 2020, effective 9/1/2020

45 CR 23, December 10, 2022, effective 1/1/2023

46 CR 15, August 10, 2023, effective 9/1/2023

46 CR 23, December 10, 2023, effective 1/1/2024