7 Del. Admin. Code § 3100-9.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 3100-9.0 - Minimum Required Equipment for Vessels Using State Waters (Formerly BR-9)

(Penalty Section 23Del.C.§ 2125)

9.1 General.

9.1.1 Applicability.

9.1.1.1 This regulation does not apply to:

9.1.1.1.1 Military or public vessels of the United States, other than recreational-type public vessels; and

9.1.1.1.2 A vessel used exclusively as a ship's lifeboat.

9.1.1.2 9.2.1 of this regulation prescribes general provisions applicable to all vessels covered by this regulation. Section 9.3 prescribes minimum required equipment for recreational vessels used on the waters of this State. Section 9.4 prescribes minimum required equipment for vessels other than recreational vessels that are not required to be documented.

9.2 Provisions Applicable to All Vessels Covered by this Regulation.

9.2.1 Fire-Extinguishing Equipment.

9.2.1.1 All hand portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems shall be Coast Guard approved pursuant to 46 CFR § 25.30-5.

9.2.1.2 All required hand portable fire extinguishers and semiportable fire extinguishing systems shall be of the "B" type; i.e., suitable for extinguishing fires involving flammable liquids such as gasoline, oil, etc., where a blanketing or smothering effect is essential. The number designations for size will start with "I" for the smallest to "V" for the largest. For the purpose of this regulation, 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 semiportable 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. Examples of size graduations for some of the typical hand portable fire extinguishers and semiportable fire extinguishing systems are set forth in the following table:

Table 1:

Type	Size	FOAM (Gallons)	CO2 (Pounds)	DRY CHEMICAL (POUNDS)	HALON (Pounds)
B	I	11/4	4	2	21/2
B	II	21/2	15	10	10
B	III	12	35	20	-

9.2.1.3 All hand portable fire extinguishers and semiportable fire extinguishing systems shall have permanently attached thereto a metallic name plate giving the name of the item, the rated capacity in gallons, quarts, or pounds, the name and address of the person or firm for whom approved, and the identifying mark of the actual manufacturer.

9.2.1.4 Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or chlorobromomethane or other toxic vaporing liquids are not acceptable as equipment required by this part.

9.2.1.5 Hand portable or semiportable extinguishers which are required on their name plates to be protected from freezing shall not be located where freezing temperatures may be expected.

9.2.1.6 The use of dry chemical, stored pressure, fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, may be permitted on motorboats and other vessels so long as such extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers:

9.2.1.6.1 When the date on the inspection record tag on the extinguisher shows that 6 months have elapsed since last weight check ashore, then such extinguisher is no longer accepted as meeting required maintenance conditions until reweighed ashore and found to be in a serviceable condition and within required weight conditions;

9.2.1.6.2 If the weight of the container is 1/4 ounce less than that stamped on the container, it shall be serviced;

9.2.1.6.3 If the outer seal or seals (which indicate tampering or use when broken) are not intact, an enforcement officer may inspect such extinguisher to see that the frangible disc in the neck of the container is intact; and if such disc is not intact, the container shall be serviced; and

9.2.1.6.4 If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced with a new one and the extinguisher shall be properly serviced or the extinguisher shall be replaced with another approved extinguisher.

9.2.1.7 Fire extinguishers shall be at all times kept in a condition for immediate and effective use, and shall be so placed as to be readily accessible.

9.2.2 Backfire Flame Control.

9.2.2.1 Applicability. - This section applies to every gasoline engine installed in a motorboat or motor vessel after April 25, 1940, except outboard motors.

9.2.2.2 Installations made before November 19, 1952, need not meet the detailed requirements of this section and may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the applicable requirements of this section.

9.2.2.3 Installations consisting of backfire flame arrestors or engine air and fuel induction systems bearing basic Approval. Nos. 162.015 or 162.041 or engine air and fuel induction systems bearing basic Approval Nos. 162.015 or 162.042, may be continued in use as long as they are serviceable and in good condition. New installations or replacements shall meet the applicable requirements of this section.

9.2.2.4 No person may use a vessel to which this section applies unless each engine is provided with an acceptable means of backfire flame control. The following are acceptable means of backfire flame control:

9.2.2.4.1 A backfire flame arrestor complying with Society of Automotive Engineers (SAE) Standard J-1928 or Underwriters Laboratories (UL) Standard 1111 and marked accordingly. The flame arrestor shall be suitably secured to the air intake with a flame tight connection;

9.2.2.4.2 An engine air and fuel induction system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an approved backfire flame arrestor. A gasoline engine utilizing an air and fuel induction system, and operated without an approved backfire flame arrestor, shall either include a reed valve assembly or be installed in accordance with SAE Standard J-1928; and

9.2.2.4.3 An arrangement of the carburetor or engine air induction system that will disperse any flames caused by engine backfire. The flames must be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. Flame dispersion may be achieved by attachments to the carburetor or location of the engine air induction system. All attachments shall be of metallic construction with flametight connections and firmly secured to withstand vibration, shock, and engine backfire.

9.2.2.5 No person may use a vessel to which this section applies unless the backfire flame arrestor is serviceable and in good condition.

9.2.3 Ventilation.

9.2.3.1 Applicability. - This section applies to motorboats, motor vessels, and boats used on the waters of this State and subject to this regulation.

9.2.3.2 No person shall operate a motorboat or motor vessel, except an open boat, built after April 25, 1940, and before August 1, 1980, which uses fuel having a flash point of 110°F, or less, without every engine and fuel tank compartment being equipped with a natural ventilation system. A natural ventilation system consists of:

9.2.3.2.1 At least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment;

9.2.3.2.2 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 that is installed to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake; and

9.2.3.2.3 The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.

9.2.3.3 Boats built after July 31, 1978, shall be exempt from the requirements of 9.2.3.1 of this section for fuel tank compartments that:

9.2.3.3.1 Contain a permanently installed fuel tank if each electrical component is ignition protected in accordance with 33 CFR§ 183.410(a); and

9.4.1.3.2 Contain fuel tanks that vent to the outside of the motorboat or motor vessel.

9.2.3.4 Boats built after July 31, 1980, or which are in compliance with the Coast Guard Ventilation Standard, a manufacturer requirement (33 CFR §§ 183.610 and 183.620), shall be exempt from the requirements of 9.2.3.2 and 9.2.3.4 of this section.

9.2.3.5 No person shall operate a boat after July 31, 1980, that has a gasoline engine for electrical generation, mechanical power or propulsion unless it is equipped with an operable ventilation system that meets the requirements of 33 CFR §§ 183.610(a), (b), (d), (e) and (f) and 183.6209(a).

9.2.3.6 Boat owners shall maintain their boats' ventilation systems in good operating condition (regardless of the boat's date of manufacture).

9.2.4 Whistles and Bells.

9.2.4.1 A vessel of 12 meters (39.4 ft.) or more in length shall be equipped with a whistle and a bell. The whistle and bell shall comply with the specifications in Annex III to the Inland Navigation Rules ( 33 CFR Part 86). The bell may be replaced by other equipment having the same respective sound characteristics, provided that manual sounding of the prescribed signals shall always be possible.

9.2.4.2 A vessel of less than 12 meters (39.4 ft.) in length shall be equipped with a whistle or horn, or some other sounding device capable of making an efficient sound signal.

9.2.5 Visual Distress Signals.

9.2.5.1 Applicability. - This section applies to all boats operated on the coastal waters of this State and those waters connected directly to them (i.e., bays, sounds, harbors, rivers, inlets, etc.) where any entrance exceeds 2 nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to 2 miles.

9.2.5.2 Prohibition. - Unless exempted by subsection 4.2.3 of this section, no person may use a boat to which this section applies unless visual distress signals, approved by the Commandant of the Coast Guard under 46 CFR Part 160 or certified by the manufacturer under 46 CFR Parts 160 and 161, in the number required, are on board. Devices suitable for day use and devices suitable for night use, or devices suitable for both day and night use, shall be carried.

9.2.5.3 Exemptions. - The following boats shall be exempt from the carriage requirements of 9.2.5.2 of this section between sunrise and sunset, but between sunset and sunrise, visual distress signals suitable for night use, in the number required, shall be on board:

9.2.5.3.1 Boats less than 16 feet in length;

9.2.5.3.2 Boats participating in organized events such as races, regattas, or marine parades;

9.2.5.3.3 Open sailboats less than 26 feet in length not equipped with propulsion machinery; and

9.2.5.3.4 Manually propelled boats.

9.2.5.4 Launchers. - When a visual distress signal carried to meet the requirements of this section requires a launcher to activate, then a launcher approved by the Coast Guard under 46 CFR § 160.028 shall also be carried. Launchers manufactured before January 1, 1981, which do not have approval numbers are acceptable for use with meteor or parachute signals as long as they remain in serviceable condition.

9.2.5.5 Visual distress signals accepted. - Any of the following signals when carried in the number required, can be used to meet the requirements of this section:

9.2.5.5.1 An electric distress light meeting the standards of 46 CFR § 161.013 . One is required to meet the night only requirement;

9.2.5.5.2 An orange flag meeting the standards of 46 CFR § 160.072 . One is required to meet the day only requirement;

9.2.5.6 Pyrotechnics meeting the standards noted in the following table:

¹ Must have manufacture date of October 1980 or later.

² These signals require use in combination with a suitable launching device.

³ These devices may be either meteor or parachute assisted type. Some of these signals may require use in combination with a suitable launching device.

9.2.5.7 Any combination of signal devices selected from the types noted in paragraphs 9.2.5.5.1, 9.2.5.5.2 and 9.2.5.5.3 of this section, when carried in the number required, may be used to meet both day and night requirements. (The following illustrates the variety and combination of devices which can be carried to meet both day and night requirements: three hand-held red flares; one hand-held red flare and two parachute flares; or three hand-held orange smoke signals with one electric distress light.)

9.2.5.8 Stowage, serviceability, approval and marking. - No person may use a boat unless the visual distress signals required by this section are:

9.2.5.8.1 Readily accessible;

9.2.5.8.2 In serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired;

9.2.5.8.3 Legibly marked with the approval number or certification statement as specified in 46 CFR Parts 160 and 161; and

9.2.5.8.4 In sufficient quantity as required by the Coast Guard.

9.2.5.9 Prohibited use. - No person in a boat shall display a visual distress signal on waters to which this section applies under any circumstance except a situation where assistance is needed because of immediate or potential danger to the persons on board.

9.3 Minimum Required Equipment for Recreational-Type Vessels.

9.3.1 Personal Flotation Devices.

9.3.1.1 Except as provided in 9.3.2 of this part, no person may use a recreational vessel unless at least one PFD of the following types is on board for each person:

9.3.1.1.1 Type I PFD;

9.3.1.1.2 Type II PFD; or

9.3.1.1.3 Type III PFD.

9.3.1.2 No person may use a recreational vessel 16 feet or more in length unless one Type IV PFD is on board in addition to the total number of PFDs required in 9.3.1.1 of this section.

9.3.1.3 A Type V PFD may be carried in lieu of any PFD required under 9.3.1.1 and 9.3.1.2 of this section, provided:

9.3.1.3.1 The approval label on the Type V PFD indicates that the device is approved:

9.3.1.3.1.1 For the activity in which the vessel is being used; or

9.3.1.3.1.2 As a substitute for a PFD of the Type required in the vessel in use;

9.3.1.3.2 The PFD is used in accordance with any requirements on the approval label; and

9.3.1.3.3 The PFD is used in accordance with requirements in its owner's manual, if the approval label makes reference to such a manual.

9.3.1.4 A Type V hybrid PFD may satisfy the carriage requirements provided it is worn except when the boat is not underway or when the user is below deck.

9.3.2 Exceptions

9.3.2.1 Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional Type IV PFD required under 9.3.1.2 of this part.

9.3.2.2 Racing shells, rowing sculls, racing canoes and racing kayaks are exempted from the requirements for carriage of any Type PFD required under 9.3.1 of this part.

9.3.2.3 Sailboards are exempted from the requirements for carriage of any Type PFD required under 9.3.1 of this part.

9.3.3 Stowage, Condition, and Marking of PFDs.

9.3.3.1 No person may use a recreational vessel unless each Type I, II, or III PFD required by 9.3.1.1 of this part, or equivalent Type allowed by 9.3.1.3 of this part, is readily accessible.

9.3.3.2 No person may use a recreational vessel unless each Type IV PFD required by 9.3.1.2 of this part, or equivalent Type allowed by 9.3.1.3 of this part, is immediately available.

9.3.3.3 No person may use a recreational vessel unless each PFD required by 9.3.2.3 of this part or allowed by 9.3.1.2 of this part is:

9.3.3.3.1 In serviceable condition, as defined by 33 CFR § 175.23;

9.3.3.3.2 Of an appropriate size and fit for the intended wearer, as marked on the approval label; and

9.3.3.3.3 Legibly marked with its Coast Guard approval number, as specified in 46 CFR Part 160.

9.3.4 Fire-Extinguishing Equipment Required.

9.3.4.1 Motorboats less than 26 feet in length with no fixed fire extinguishing system installed in machinery spaces shall carry at least one Type B-I approved hand portable fire extinguisher. When an approved fixed fire extinguishing system is installed in machinery spaces, a portable extinguisher is not required. If the construction of the motorboat does not permit the entrapment of explosive or flammable gases or vapors, no fire extinguisher is required.

9.3.4.2 Motorboats 26 feet to less than 40 feet in length shall carry at least two Type B-I approved hand portable fire extinguishers or at least one Type B-II approved portable fire extinguisher. When an approved fixed fire extinguishing system is installed, one less Type B-I extinguisher is required.

9.3.4.3 Motorboats 40 feet to not more than 65 feet in length shall carry at least three Type B-I approved hand portable fire extinguishers or at least one Type B-I and one Type B-II approved portable fire extinguisher. When an approved fixed fire extinguishing system is installed, one less Type B-I extinguisher is required.

9.3.4.4 Motorboats 65 feet and over used for recreational purposes shall carry fire extinguishing equipment as prescribed under 9.4.3.2 of this regulation.

9.3.4.5 Motorboats are required to carry fire extinguishers if any one of the following conditions exist:

9.3.4.5.1 Inboard engines;

9.3.4.5.2 Closed compartments and compartments under seats wherein portable fuel tanks may be stored;

9.3.4.5.3 Double bottoms not sealed to the hull or which are not completely filled with flotation material;

9.3.4.5.4 Closed living spaces;

9.3.4.5.5 Closed stowage compartments in which combustible or flammable materials are stowed; or

9.3.4.5.6 Permanently installed fuel tanks. (Fuel tanks secured so they cannot be moved in case of fire or other emergency are considered permanently installed.)

9.3.4.6 Motorboats contracted for prior to November 19, 1952, shall meet the applicable provisions of this section insofar as the number and general type of equipment is concerned. Existing items of equipment and installations previously approved but not meeting the applicable requirements for type approval may be continued in service so long as they are in good condition. All new installations and replacements shall meet the requirements of this section.

9.4 Life-Saving Equipment for Commercial Vessels not Documented.

9.4.1 Applicability. This part applies to each vessel to which this regulation applies except:

9.4.1.1 Vessels used for noncommercial use;

9.4.1.2 Vessels leased, rented, or charted to another for the latter's noncommercial use; or

9.4.1.3 Commercial vessels propelled by sail not carrying passengers for hire; or

9.4.1.4 Commercial barges not carrying passengers for hire.

9.4.2 Life Preservers and Other Life-Saving Equipment Required.

9.4.2.1 No person may operate a vessel to which Section 9.4.1 of this part applies unless it meets the requirements of this section.

9.4.2.2 Each vessel not carrying passengers for hire, less than 40 feet in length, shall have at least one life preserver (Type I PFD), buoyant vest (Type II PFD), or marine buoyant device intended to be worn (Type III PFD), of a suitable size for each person on board. Kapok and fibrous glass life preservers which do not have plastic-covered pad inserts as required by 46 CFR §§ 160.062 and 160.005 are not acceptable as equipment required by this subsection.

9.4.2.3 Each vessel carrying passengers for hire and each vessel 40 feet in length or longer not carrying passengers for hire shall have at least one life preserver (Type I PFD) of a suitable size for each person on board. Kapok and fibrous glass life preservers which do not have plastic-covered pad inserts as required by 46 CFR §§ 160.062 and 160.005 are not acceptable as equipment required by this subsection.

9.4.2.4 In addition to the equipment required by 9.4.2.2 or 9.4.2.3 of this section, each vessel 26 feet in length or longer shall have at least one Coast Guard approved ring life buoy.

9.4.2.5 Each vessel not carrying passengers for hire may substitute an exposure suit (or immersion suit) for a life preserver, buoyant vest, or marine buoyant device required under 9.4.2.2 or 9.4.2.3 of this section. Each exposure suit carried in accordance with this paragraph shall be Coast Guard approved.

9.4.2.6 On each vessel, regardless of length and regardless of whether carrying passengers for hire, a commercial hybrid PFD may be substituted for a life preserver, buoyant vest, or marine buoyant device required under 9.4.2.2 or 9.4.2.3 of this section if it is:

9.4.2.6.1 In the case of a Type V commercial hybrid PFD, worn when the vessel is underway and the intended wearer is not within an enclosed space;

9.4.2.6.2 Used in accordance with the conditions marked on the PFD and in the owner's manual; and

9.4.2.6.3 Labeled for use on uninspected commercial vessels.

9.4.2.7 The life-saving equipment required by this section shall be legibly marked.

9.4.2.8 The life-saving equipment designed to be worn required in 9.4.2.2, 9.4.2.3, and 9.4.2.4 of this section shall be readily accessible.

9.4.2.8 The life-saving equipment designed to be thrown required by 9.4.2.4 of this section shall be immediately available.

9.4.2.9 The life-saving equipment required by this section shall be in serviceable condition.

9.4.3 Fire-Extinguishing Equipment Required.

9.4.3.1 Motorboats.

9.4.3.1.1 Motorboats less than 26 feet in length shall abide by 9.4.3.1 of this regulation.

9.4.3.1.2 Motorboats 26 feet in length to less than 40 feet in length shall abide by 9.3.4.1 of this regulation.

9.4.3.1.3 Motorboats 40 feet in length to less than 65 feet in length shall abide by 9.3.4.3 of this regulation.

9.4.3.2 Motor Vessels.

9.4.3.2.1 Motor vessels less than 50 gross tonnage shall carry one Type B-II approved hand portable fire extinguisher.

9.4.3.2.2 Motor vessels 50 and not over 100 gross tonnage shall carry two Type B-II approved hand portable fire extinguishers.

9.4.3.2.3 Motor vessels 100 and not over 500 gross tonnage shall carry three Type B-II approved hand portable fire extinguishers.

9.4.3.2.4 Motor vessels 500 but not over 1,000 gross tonnage shall carry six Type B-II approved hand portable fire extinguishers.

9.4.3.2.5 Motor vessels over 1,000 gross tonnage shall carry eight Type B-II approved hand portable fire extinguishers.

9.4.3.3 In addition to the hand portable fire extinguishers required by 9.4.3.2 of this section, the following fire-extinguishing equipment shall be fitted in the machinery space:

9.4.3.3.1 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 be carried.

9.4.3.3.2 On motor vessels over 300 gross tons, either one Type B-III semiportable fire-extinguishing system shall be fitted, or alternatively, a fixed fire-extinguishing system shall be fitted in the machinery space.

9.4.3.4 Barges carrying passengers.

9.4.3.4.1 Every barge 65 feet in length or less while carrying passengers when towed or pushed by a motorboat, motor vessel or steam vessel shall be fitted with hand portable fire extinguishers as required by this 9.3.4 of this regulation, depending upon the length of the barge.

9.4.3.4.2 Every barge over 65 feet in length while carrying passengers when towed or pushed by a motorboat, motor vessel or steam vessel shall be fitted with hand portable fire extinguishers as required by this section, depending upon the gross tonnage of the barge.

7 Del. Admin. Code § 3100-9.0

1 DE Reg. 1772 (5/1/98)
2 DE Reg. 1880 (4/1/99)