No. 34513 (Amendment): Section R651-217-2. Fire Extinguishers Required

(Amendment)

DAR File No.: 34513
Filed: 03/15/2011 05:14:13 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(4)

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 65 feet or greater may need to purchase several additional fire extinguishers. Estimated cost would be less than $50 per boat. Approximately 0.2% of Utah registered boats are in this category.

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

Owners of vessels 65 feet or greater may need to purchase several additional fire extinguishers. Estimated cost would be less than $50 per boat. Approximately 0.2% of Utah registered boats are in this category.

Compliance costs for affected persons:

Estimated cost would be less than $50 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 [e-mail]

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

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-217. Fire Extinguishers.

R651-217-2. Fire Extinguishers Required.

 

TABLE

     LENGTH OF                            NUMBER/SIZE

     MOTORBOAT



     Less than 26 feet in length*              1/B-I

     26 feet to less than 40 feet in length    2/B-I or 1/B-II

     40 feet to 65 feet in length              3/B-I or 1/B-I

                                               and 1/B-II



     *  If an outboard motorboat of open construction

and not carrying passengers for hire, a fire extinguisher

is not required (see Section R651-217-5).

     **  If no engine compartment, fixed system not required

and B-11 shall be placed near stern. If no galley, B-11

shall be placed midships.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [August 7, 2007]2011

Notice of Continuation: February 10, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-8(4)

 

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