Several Years ago a person posted an article on a boating web site. It was called "Regulationss You Should Know" but was full of misleading and some plainly false information. I posted a rebuttal to it but for some reason it was never posted to the thread, but the original post was removed. I made a complete analysis of his post because I spent many years in the USCG Office of Boating Safety responding to this type of myth building. Unfortunately many of the things the author stated are passed on and believed not just by boat owners, but also by many marine professionals.
Recently this same information has shown up on some web sites. It is the exact smae article.
Here is my respones to this post.
After reading the article, "Regulations you should know", I have to respond. This article disturbs me because it makes the claim that this is all the law. This entire document is a mix of regulation, accepted industry standards, state laws and common sense. Consumers confuse what is a law or regulation and what is not. But when a professional does this, it needs to be clarified.
Laws and regulations can be confusing in themselves because there are Federal laws and regulations, state laws, and local ordinances, which must be complied with by the owner and/or the boat manufacturer. Additionally, regulations for recreational boats and for commercial passenger carrying vessels are different and often confused.
Federal regulations for recreational boats are for the most part in Title 33 Code of Federal Regulations (CFR). The regulations are divided into requirements for operators of boats and requirements for manufacturers of boats. The operator requirements are Title 33 CFR Subchapter P. Part 173-178. The manufacturer requirements are in Title 33 CFR Parts 179-183. However, the flame arrestor, fire extinguisher, and operator ventilation requirements are in 46 CFR. This causes more confusion because generally 46 CFR applies to commercial vessels, not recreational boats. The Coast Guard is moving these to 33 CFR but how long that will take is anybody's guess. Manufacturer requirements do not apply to operators, but there are overlaps such as ventilation which is both an operator and manufacturer requirement. The regulations are further divided into those for recreational boats and those for passenger carrying vessels.
Also confusing the issue are accepted industry standards published by various organizations. These standards are not law. They are voluntary and almost always stricter than the law. Most of these standards are aimed at the boat manufacturers, repairers and service personnel, and not the boat owner, although the owner would be advised to follow them. Three of the best known of these organizations are the American Boat and Yacht Council (ABYC), The National Fire Protection Association (NFPA), and the Society of Automotive Engineers (SAE). ABYC is the standard that boat builders follow, but many of their standards are derived in conjunction with SAE and NFPA, so knowledge of the standards published by all three is essential for a boat manufacturer, for surveyors and for people servicing boats.
Generally speaking, surveyors follow the standards published by ABYC. Unfortunately they often don't make a distinction in their survey report between what is a law and what is a voluntary standard. In fact some simply say "It's a Coast Guard requirement" and leave it at that, which is untrue. Whether done deliberately or out of ignorance is no excuse.
The first statement about batteries is almost correct but not quite.
"1. Batteries - starting and storage batteries should be stored in liquid proof containers so that battery acid can not come in contact with aluminum or steel hulls. We all know what battery acid does to aluminum and steel. They must be secured so that they cannot move during a collision and covered so that they can not be accidentally shorted. Storage batteries must also be vented so that they can not build up dangerous level of hydrogen gases. NFPA 302 - ABYC - CFR 33
No more than 4 terminals attached to any one battery - NFPA 302 - ABYC - CFR 33" The operative word here is should. Here is what the Federal Regulation says:
Sec. 183.420 Batteries.
(a) Each installed battery must not move more than one inch in any
direction when a pulling force of 90 pounds or twice the battery weight, whichever is less, is applied through the center of gravity of the battery as follows:
(1) Vertically for a duration of one minute.
(2) Horizontally and parallel to the boat's center line for a
duration of one minute fore and one minute aft.
(3) Horizontally and perpendicular to the boat's center line for a
duration of one minute to starboard and one minute to port.
(b) Each battery must be installed so that metallic objects cannot
come in contact with the ungrounded battery terminals.
(c) Each metallic fuel line and fuel system component within 12
inches and above the horizontal plane of the battery top surface as
installed must be shielded with dielectric material.
(d) Each battery must not be directly above or below a fuel tank,
fuel filter, or fitting in a fuel line.
(e) A vent system or other means must be provided to permit the
discharge from the boat of hydrogen gas released by the battery.
(f) [Reserved]
(g) Each battery terminal connector must not depend on spring
tension for its mechanical connection to the terminal.
Notice, it does not say how the battery should be constrained or how to prevent inadvertent contact by shielding it. A common method is to put the battery in a ventilated box. However, the Coast Guard does not require a box. The battery may be held with a strap or clamps and it can be shielded with boots on the terminals. It can also be in a tray that keeps it from moving and will hold any spillage.
Also, there is no mention of how many terminals can be connected to the battery. There is no requirement for this in the Electrical subpart (33CFR subpart I starting at 183.401). This is an NFPA requirement and an ABYC requirement. It is in NFPA 302 7-14.10 and in ABYC E-11.16.4.1.11
Here is the NFPA wording for batteries. It does not say they have to be in a battery box. It allows for other means of compliance
NFPA 302 says: in 302-7.3
"A vent system or other means shall be provided to allow the discharge from the boat of hydrogen gas released by the battery. Battery boxes with a cover that forms a pocket over the battery shall be vented."
"Batteries shall be secured to provide immobilization to the extent practicable."
"Batteries shall be located in a liquid tight tray or battery box of adequate capacity to retain normal spillage or boilover of electrolytes. The tray shall be constructed of or lined with materials resistant to deterioration by the electrolytes."
"A non conductive, perforated cover or other means shall be provided to prevent accidental shorting of the ungrounded battery terminals and cell conductors."
ABYC says similar things. Standards for batteries are found in ABYC E-10. No where does it say they must be in a battery box and it provides alternative means to comply. Obviously the easiest way of meeting these requirements is a battery box, but it is not required and it is not a regulation.
2. Horns - if your boat is over 32 feet in length you must have a sound powered warning device that can be heard at a minimum of ½ mile away. A trumpet style horn will fulfill this requirement. CFR 33
3. Bells - if your boat is over 32 feet in length you must have a ships bell that is a minimum of 6.5" in diameter. CFR 33 For both horns and bells the length is 39 feet 4 and ½ inches (12 meters)
6. Anchor - Yes, I know we don't use them much on Lake Cumberland or other deep lakes, but they are still a requirement of CFR 33 - I suggest as a minimum you would need a Hooker #22, 8 feet of 3/8" galvanized chain and 200 to 300 feet of 5/8" three stand nylon rope. Most house boaters already have the rope we use to tie up with when we "cove out" so all you need is the anchor and chain. The chain is $15 at the hardware store and the
Hooker #22 is $50 at Boat US. It may not be the perfect storm anchor but it can help keep you off the rocks until help comes. This is a completely erroneous statement. Nowhere in the Federal Regulations for recreational boats is there a requirement to carry an anchor. Many states require an anchor. But it is not a Federal requirement. Boat owners can find out what the state regulations are on the internet by going to the state Boating Law Administrators web site. Go to the National Association of State Boating Law Administrators site (NASBLA)
http://www.nasbla.org/ and find the link to your state
7. Signal Flares - If your boat is over 16ft long - you are required to have at a minimum three hand held flares and the service dates must not be expired. If you have some that are out of date then keep them and use them first in an emergency..... .then use the newer flares after the out of date ones. CFR 33 This is incorrect. There are alternative visual distress signals you may carry. Additionally there is a difference between distress signals you may carry in the daytime and at night. It is too lengthy to explain here so I will just give a link to a page on the Coast Guard Boating Safety web site that explains it thoroughly.
http://www.uscgboating.org/saf...eqs/equ_vds.htm
8. Exterior AC sockets - all exterior AC 115 volt electrical sockets must be weather protected with spring loaded weather proof covers and they must be GFCI (ground fault circuit interrupter) protected. NFPA 302
The same holds true for AC sockets within 3 feet of a water source - galley and heads included. This is not a regulation. This is a NFPA requirement and the GFCI portion of it is also an ABYC requirement. It is required by the surveyor to pass the survey. But it is not a regulation and not a violation of law.
9. Generator discharge - If you have a generator and it discharges under the swim platform or any cavity where Carbon Monoxide can be trapped - the discharge must be changed to discharge out the side of the vessel. - no exceptions - no excuses. Failure on the boat owner's part to have this repaired or retrofitted would subject the owner to criminal penalty. Knowing and Willful violation - Wrongful death ..do these sound familiar ? ABYC - CFR 3 This is not true. A few years ago the Coast Guard directed specific manufacturers to do a recall on houseboats with rear swim platforms. It was limited to a certain number of manufacturers, not all houseboat manufacturers. Plus that, it is not in the CFR, although 33 CFR part 179 contains procedures for defect notification. It is a requirement that the manufacturer make the correction. It is not a requirement for the boat owner. In fact the boat owner is within his rights to refuse the correction. It is definitely a good idea to get it done, but no owner is breaking the law by not doing this. However, if an accident occurs and you are sued this could certainly be seen as negligence by a court, but it is not a criminal violation. The author is right that it could bring about a wrongful death law suit in civil court.
If a boat owner has one of the boats involved, and has not received a notice from the manufacturer then they should immediately contact them. You can find out if your boat is included by going to the Coast Guard web site for recalls, typing in the name of your manufacturer and looking up any recalls.
http://www.uscgboating.org/rec.../recalls_database.htm. You can find this on BOAT/US site
http://www.boatamerica.org/recall/.
10. Carbon Monoxide detector - Smoke and Fire Detectors. If you have a generator or fossil fuel fired marine engines and you own the boat as of July 1st 2003 you must have a Carbon monoxide detector. CFR 33 - ABYC It must be functional - not disconnected! If your boat has a sleeping quarters - you must have a smoke and fire detector I suggest one in each of the sleeping quarters as a minimum. This is not a Federal Requirement. ABYC standard, A-24, requires manufacturers to install Carbon Monoxide detectors. This is a manufacturer requirement, is voluntary and does not apply to boat owners. This is another thing that an owner should do. It is good commons sense on any boat with gasoline power or a gasoline powered generator. It does not apply to diesel powered boats or generators, but if it were my boat I would install them anyway.
11. Fire Extinguishers - NFPA 302 10-1.1 requires at least one 4A:30B: Class B2 fire extinguisher available in the machinery space. (engine compartment or generator area). NFPA 302 and USCG require fire extinguishers at each occupied level. Available fire extinguishers must be permanently mounted to be considered USCG - NFPA or ABYC compliant. NFPA 302 and USCG require all fire extinguisher and extinguisher systems to be inspected at least annually. This must be done to ensure the safety of the crew and passengers. (this inspection may be performed and documented on the equipment inspection tags by the vessel owner). Fire extinguishers (all) need to be inspected and recertified annually. Additional US Coast Guard approved fire extinguishers are required in each occupied level (lower cuddy's and upper berths) as well at each entrance/exit of the vessel, machinery spaces and in the galley NFPA 302 - ABYC - CFR 33. Here the author is mixing requirements for recreational boats and requirements for commercial passenger carrying vessels.
Recreational boats. The following is borrowed from the Coast Guard Office of Boating Safety Web site.
The number of fire extinguishers required on a recreational boat are based on the overall length of the boat. The following chart lists the number of extinguishers that are required. In the case where a Coast Guard approved fire extinguishing system is installed for the protection of the engine compartment, the required number of units may be reduced in accordance with the chart.
Minimum number of hand portable fire extinguishers required
Vessel Length No Fixed System With approved Fixed Systems
Less than 26' 1 B-1 0
26' to less than 40' 2 B-1 or 1 B-II 1 B-I
40' to 65' 3 B-I or 1 B-II and 1 B-1 2 B-1 or 1 B-II
The pressure gauge alone is not an accurate indicator that Halon extinguishers are full. The weight of the units should be checked regularly. It is recommended that portable extinguishers be mounted in a readily accessible position.
In fact the Federal Regulation for recreational boats does not even require that the fire extinguisher be mounted on a bracket. However, it is impractical to not have them mounted. The Federal Regulations do not require them to be inspected, but it is highly recommended. NFPA 302 does have these requirements. On vessels carrying passengers for hire the Federal Regulations are essentially the same as NFPA 302..
12. Lighting and Control Switches - must be labeled as to the function they serve. This is not a Federal Regulation. This is an ABYC requirement for manufacturers. This is in E-11.5.1.2 and 11.5.1.2.1 what it says is:
11.5.1.2. Marking
11.5.1.2.1.1 Marking of controls - All switches and electrical controls shall be marked to indicate their usage.
Exception: A switch or electrical control whose purpose is obvious and whose mistaken operation will not cause a hazardous condition.
So a light switch in a bedroom does not have to be marked because its function is obvious. But a switch to start the generator does. Some common sense has to be used here. You do not have to mark every switch on the boat. Switches that are at the helm station, or switches on an electrical panel or circuit breaker panel should be marked.
13. Rules of The Road - You must have a copy of the FRESH WATER - Rules of the road for inland seas and waterways on board if your boat is over 28 feet in length. CFR 33 The requirement for carrying this is in the Navigation Rules which are contained in 33 CFR. Part 88 Annex V - Pilot Rules. This is part of the Navigation Rules.
§ 88.05 Copy of Rules
After January 1, 1983, the operator of each self-propelled vessel 12 meters or more in length shall carry on board and maintain for ready reference a copy of the Inland Navigation Rules.
There are no FRESH WATER rules of the road and the length requirement is 12 meters, approximately 39' 4 1/2", not 28 feet. There are International Navigation Rules and Inland Navigation Rules. The distinction can be important because Inland rules can apply on saltwater bays and inlets. These are contained in the same document which can be purchased at any marine supply house, book store, from the Government Printing Office, or download them.
http://www.navcen.uscg.gov/mwv/navrules/navrules.htm 14. Do it yourself AC wiring - It is now illegal to use ROMEX or solid core electrical wire in boats - Many older boats are grand fathered provided it was wired that way at the factory - If you wired it in the last 10 years it must be done with stranded copper wire only. NFPA 302 - ABYC - CFR 33 This is really misleading. It is not illegal to wire your boat yourself and the requirement for stranded wire is a manufacturer requirement. 33 CFR 183.425 says "a) Each conductor must be insulated, stranded copper." It does not apply to boat owners. The Federal regulation is a manufacturer requirement and a requirement of both ABYC and NFPA. You will not pass a survey if you have Romex or other solid core wire, but it is not illegal for the owner. However the owner would be advised to use boat cable.
15. Engine compartment fume blowers and engine compartment bilge pumps must be operational.
CFR 33 - NFPA 302 - ABYC Huh? When did ventilation blowers and bilge pumps get lumped together? Ventilation blowers must be operational and sized to the volume of the compartment. They are required on all boats with permanently installed gasoline engines, if the engine has a cranking motor. Natural ventilation is required on all boats with permanently installed gasoline engines and has been since the Motor Boat Act of 1940. These requirements are in 33 CFR Subpart K that starts at 33 CFR 183.601. Ventilation is both a manufacturer requirement and an operator requirement
There is no Federal requirement for a bilge pump. NONE. ABYC does not require a bilge pump be installed. In H-22 Electric Bilge Pump Systems, there are requirements for the pumps, for their installation and location, but the standard specifically says "apply to all boats equipped with electric bilge pump systems". (the italics are mine) NFPA has no requirements for bilge pumps. Nowhere does it say you have to have one. Of course it is good common sense to have one.
SUMMARY:
What the author really is saying is that these are requirements to pass his surveys (And I might add, just about any good marine survey). Granted all of these may be an issue that a surveyor should raise. But it is incumbent on any professional to get it right. The public soon loses faith in professionals if they find out they have been misled. If it is a requirement to pass the survey for insurance purposes, then say so, but don't tell them it's the law when they can easily pick up a phone, or look it up on the internet and find out it is not. If this is a condition and value survey, point out these issues, but again make sure you cite the right source and explain whether it is a regulation, or an accepted standard.