No. 30025 (Amendment): R651-201. Definitions

DAR File No.: 30025
Filed: 06/04/2007, 07:38
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add more definitions commonly used, but not defined throughout the boating community of recreators. Items such as "good and serviceable condition", "immediately available", or "readily accessible" are now defined for those who boat on the waters of Utah.

Summary of the rule or change:

By adding new and more defined definitions, it will assist the public to understand more fully what is expected and what is meant by some of the boating terms used in Utah.

State statutory or constitutional authorization for this rule:

Title 73, Chapter 18

Anticipated cost or savings to:

the state budget:

Since these are definitions only, there will be no aggregate anticipated cost or savings to the state budget.

local governments:

There are no anticipated cost or savings to local government, as these are definitions only and carry no monetary value or requirement.

other persons:

Defines how required equipment should be maintained and what it means to maintain all the boating equipment properly. The only possible cost would be if a boater replaced or repaired a personal flotation device (PFD) as defined in this section. That cost would be nominal.

Compliance costs for affected persons:

Those replacing or updating their equipment would pay to have such equipment repaired or replaced.

Comments by the department head on the fiscal impact the rule may have on businesses:

Any fiscal impact should be negligible. 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:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, 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:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

Mary Tullius, Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-201. Definitions.

R651-201-3. Good and Serviceable Condition.

(1) "Good and Serviceable condition" means any required equipment must be in proper operating condition; and

(a) Required labels and markings shall be intact and legible;

(b) Required equipment shall not be stored inside original packaging; and

(c) A PFD is considered to be in serviceable condition only if the following conditions are met:

(i) No PFD may exhibit deterioration that could diminish the performance of the PFD, including metal or plastic hardware used to secure the PFD on the wearer that is broken, deformed, or weakened by corrosion; webbings or straps used to secure the PFD on the wearer that are ripped, torn or which have become separated from an attachment point on the PFD; or any other rotted or deteriorated structural component that fails when tugged.

(ii) In addition to meeting the requirements of paragraph (i) of this section, no inherently buoyant PFD, including the inherently buoyant components of a hybrid inflatable PFD, may exhibit rips, tears, or open seams in fabric or coatings, that are large enough to allow the loss of buoyant material; buoyant material that has become hardened, non-resilient, permanently compressed, waterlogged, oil-soaked, or which show evidence of fungus or mildew; or loss of buoyant material or buoyant material that is not securely held in position.

(iii) In addition to meeting the requirements of paragraph (i) of this section, an inflatable PFD, including the inflatable components of a hybrid inflatable PFD, must be equipped with a properly armed inflation mechanism, complete with a full inflation medium cartridge and all status indicators showing that the inflation mechanism is properly armed, except as provided in paragraph (iv) of this section; inflatable chambers that are all capable of holding air; oral inflation tubes that are not blocked, detached or broken; a manual inflation lanyard or lever that is not inaccessible, broken or missing; and, inflator status indicators that are not broken or otherwise non-functional.

(iv) The inflation system of an inflatable PFD need not be armed when the PFD is worn inflated and otherwise meets the requirements of paragraphs (i) and (iii) of this section.

 

R651-201-4. Immediately Available.

"Immediately available" means stored in plain and open view in the area where it will be used; not obstructed, blocked or covered in any way and capable of being quickly deployed.

 

R651-201-5. Readily Accessible.

"Readily Accessible" means easily located and retrieved without searching, delay or hindrance.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [February 23, 1996]August 7, 2007

Notice of Continuation: April 18, 2006

Authorizing, and Implemented or Interpreted Law: 73-18