CHAPTER Saf-C 400  WATERCRAFT SAFETY RULES

 

Statutory Authority:  RSA's 21-P:14, II(i)-(l); 270:11; 270:12; 270:43; 270:46-a; and 270:71

 

REVISION NOTE #1:

 

          Document #9211, effective 7-21-08, adopted Saf-C 414 entitled “Rental Agent Registrations.”  Document #9211 also renumbered, but did not readopt, existing rule Saf-C 414 entitled “Assisted Lake Protection” as Saf-C 415, and existing rule Saf-C 415 entitled “Refusal of Consent” as Saf-C 416.  The source notes for rules renumbered by Document #9211 as Saf-C 415 and Saf-C 416 indicate the former rule number prior to Document #9211.  The document numbers and effective dates prior to Document #9211 apply to the rule under that former rule number.

 

          See Revision Note #2 below relative to subsequent renumbering of Saf-C 414, 415, and 416 by Document #9544 as Saf-C 415, 416, and 417.

 

REVISION NOTE #2:

 

          Document #9544, effective 9-15-09, made several amendments to selected rules in Saf-C 400 and adopted a new rule Saf-C 412 entitled ‘”Petitions to Require Permits Hearings”.  This necessitated the renumbering of other rules in Saf-C 400.

 

          Document #9544 renumbered, but did not readopt, Saf-C 412, 413, and 414 as, respectively, Saf-C 413, 414, and 415.

 

          Document #9544 also adopted Saf-C 416.01-416.11, formerly Saf-C 415.01-415.11 which had expired 7-25-08.  Document #9544 readopted with amendments and renumbered Saf-C 415.12 as Saf-C 416.12.

 

          Document #9544 also adopted Saf-C 417.01-417.03, formerly Saf-C 416.01-416.03 which had expired 7-25-09.  Document #9544 adopted Saf-C 417.04-417.06, formerly Saf-C 416.04-416.06, which had expired 5-23-08.

 

          The source notes for rules in Saf-C 413, 414, 415, 416, and 417 indicate the former rule number prior to Document #9544.  The document numbers and effective dates prior to Document #9544 apply to the rule under that former rule number.

 

PART Saf-C 401  DEFINITIONS

 

          Saf-C 401.01  “Boat” means  “boat” as defined in RSA 270-D:1, I.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #4750, eff 1-29-90; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 401.02  “Commercial vessel” means every description of watercraft, not a private vessel or a rental vessel, used in conjunction with any form of enterprise where money or other compensation is received, whether actual or implied, for employment of the vessel, or any description of watercraft utilized by an employee of any enterprise in the performance of the employee’s duties.

 

Source.  #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 401.03  “Commissioner” means the commissioner of the department of safety or his or her designee.

 

Source.  #4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (formerly Saf-C 401.021); ss by #10293, eff 3-20-13

 

          Saf-C 401.04  “Congregate mooring field” means “congregate mooring field” as defined in RSA 270:59, X.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.03); ss by #10293, eff 3-20-13

 

          Saf-C 401.05  “Department” means the department of safety.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.031); ss by #10293, eff 3-20-13

 

          Saf-C 401.06  “Director” means the director of the division of state police, or in his absence, the commissioner or the commissioner’s designee.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.04); ss by #10293, eff 3-20-13

 

          Saf-C 401.07  “Division” means the division of state police of the department of safety.

 

Source.  #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.05); ss by #10293, eff 3-20-13

 

          Saf-C 401.08  “Headway speed” means “headway speed” as defined in RSA 270-D:1, VI.

 

Source.  #4214, eff 1-22-87; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.06); ss by #10293, eff 3-20-13

 

          Saf-C 401.09  “Immediately” as used in RSA 270:1-a, relative to the reporting of boat accidents, means at the earliest possible time a person is physically able and has the means available.

 

Source.  #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss and renumbered by #8172, eff 9-21-04 (from Saf-C 401.07); ss by #10293, eff 3-20-13

 

          Saf-C 401.10  “Individual mooring” means a mooring that is not positioned within a mooring field.

 

Source.  #4145, eff 10-6-86; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.08); ss by #10293, eff 3-20-13

 

          Saf-C 401.11  “Limited term of use” means a period of 30 consecutive days or less.

 

Source.  #4145, eff 10-6-86; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.09); ss by #10293, eff 3-20-13

 

          Saf-C 401.12  “Mooring” means “mooring” as defined in RSA 270:59, III.

 

Source.  #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.10); ss by #10293, eff 3-20-13

 

          Saf-C 401.13  “Mooring anchor” means “mooring anchor” as defined in RSA 270:59, IV.

 

Source.  #4145, eff 10-6-86; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.11); ss by #10293, eff 3-20-13

 

          Saf-C 401.14  “Mooring area” means “mooring area” as defined in RSA 270:59, V.

 

Source.  #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.12); ss by #10293, eff 3-20-13

 

          Saf-C 401.15  “Mooring buoy” means  “mooring buoy” as defined in RSA 270:59, VI.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.13); ss by #10293, eff 3-20-13

 

          Saf-C 401.16  “Mooring field” means “mooring field” as defined in RSA 270:59, VII. The term includes congregate and public mooring fields.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.14); ss by #10293, eff 3-20-13

 

          Saf-C 401.17  “Motorboat” means “motorboat” as defined in RSA 270-D:1, VII.

 

Source.  #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.15); ss by #10293, eff 3-20-13

 

          Saf-C 401.18  “No wake area” means “no wake area” as defined in RSA 270-D:1, VIII.

 

Source.  #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.16); ss by #10293, eff 3-20-13

 

          Saf-C 401.19  “Parasail” means a parachute type device to which a person attaches him/ herself and is then towed by a motorboat.

 

Source.  #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.161); ss by #10293, eff 3-20-13

 

          Saf-C 401.20  “Permit” means written approval by the commissioner of a water event or slalom course application.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.162); ss by #10293, eff 3-20-13

 

          Saf-C 401.21  “PFD” means “PFD” as defined in RSA 270-D:1, IX.

 

Source.  #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 401.17); ss by #10293, eff 3-20-13

 

          Saf-C 401.22  “Person” means “person” as defined in RSA 21:9.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.18); ss by #10293, eff 3-20-13

 

          Saf-C 401.23 “Public mooring field” means “public mooring field” as defined in RSA 270:59, IX. The term includes moorings of which a portion are dedicated to a limited term of use.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.19); ss by #10293, eff 3-20-13

 

          Saf-C 401.24  “Public waters” means “public waters” as defined in RSA 271:20.

 

Source.  #5448, eff 8-24-92; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.191); ss by #10293, eff 3-20-13

 

          Saf-C 401.25  “Readily accessible” means within arm's reach.

 

Source.  #5448, eff 8-24-92, EXPIRED: 8-24-98

 

New.  #7534, eff 7-25-01; ss and moved by #8172, eff 9-21-04 (from Saf-C 401.20); ss by #10293, eff 3-20-13

 

          Saf-C 401.26  “Rental boat” means any boat available to another party for rent by the hour or any fraction thereof, day, week or season for recreational use exclusively.

 

Source.  #5448, eff 8-24-92, EXPIRED: 8-24-98

 

New.  #7534, eff 7-25-01; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 401.27  “Shorefront property” means “shorefront property” as defined in RSA 270:59, VIII.

 

Source.  #8172, eff 9-21-04 (from Saf-C 401.21); ss by #10293, eff 3-20-13

 

          Saf-C 401.28  “Slalom course” means flags or markers set up in a wavy or zig-zag course in which a water-skier moves around behind a boat.

 

Source.  #8172, eff 9-21-04 (from Saf-C 401.211); ss by #10293, eff 3-20-13

 

          Saf-C 401.29  “Swim line” means “swim line” as defined in RSA 270:2, X.

 

Source.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 401.30  “Swim raft” means a floating structure, not attached to the shore line, and anchored to the floor of the lake by means of ropes, cable, chain or other materials, and which might be constructed of materials such as wood, metal or inflatable material.

 

Source.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 401.31  “Vessel” means  “vessel” as defined in RSA 270-D:1, XI and RSA 270-E:3, XII.

 

Source.  #8172, eff 9-21-04 (from Saf-C 401.22); ss by #10293, eff 3-20-13

 

          Saf-C 401.32  “Wake” means “wake” as defined in RSA 270-D: 1, XII.

 

Source.  #8172, eff 9-21-04 (from Saf-C 401.23); ss by #10293, eff 3-20-13

 

          Saf-C 401.33  “Water event” means an activity, which can be observed by spectators, by persons utilizing a portion of a public water, including a water carnival, fishing derby, water ski show or exhibition or a distance swimming event.

 

Source.  #8172, eff 9-21-04 (from Saf-C 401.24); ss by #10293, eff 3-20-13

 

          Saf-C 401.34  “Waterskiing” means “waterskiing” as defined in RSA 270-D:1,XIII.

 

Source.  #8172, eff 9-21-04 (from Saf-C 401.25); ss by #10293, eff 3-20-13

 

          Saf-C 401.35  “Waterski jump” means a platform raised at an angle in the public water over which a waterskier jumps.

 

Source.  #8172, eff 9-21-04 (from Saf-C 401.26); ss by #10293, eff 3-20-13

 

PART Saf-C 402  POWER BOAT RESTRICTION – RESERVED AND MOVED TO Saf-C 5100

 

PART Saf-C 403  EQUIPMENT REQUIREMENTS

 

          Saf-C 403.01  Personal Flotation Devices.

 

          (a)  No person shall use a boat on the public waters unless it is equipped as follows:

 

(1)  Recreational boats less than 16 feet in length, or canoes, kayaks or one-person sailboats of any length, shall have at least one of the following types on board for each person:

 

a.  Type I PFD;

 

b.  Type II PFD;

 

c.  Type III PFD; or

 

d.  Type V PFD;

 

(2)  Recreational boats 16 feet or more in length, except canoes or kayaks, shall have at least one PFD of the following types on board for each person:

 

a.  Type I PFD;

 

b.  Type II PFD;

 

c.  Type III PFD; or

 

d.  Type V PFD; and

 

(3)  Recreational boats 16 feet or more in length, except canoes or kayaks, shall have at least one Type IV PFD on board in addition to the PFDs required in subparagraph (2) above.

 

          (b)  All PFD's shall be:

 

(1)  U.S. Coast Guard approved;

 

(2)  In serviceable condition;

 

(3)  Readily accessible; and

 

(4)  Of an appropriate size, within the weight range and chest sizes marked on the PFD, for the person who intends to wear them.

 

          (c)  Racing shells, rowing sculls, and racing kayaks shall be exempt from the requirements of Saf-C 403.01(a)(1), (2) and (3).  For the purposes of this rule, "racing shell, rowing scull, and racing kayak" means a manually propelled boat that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry, and does not carry any equipment not solely for competitive racing.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #4563, eff 1-3-89; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 403.02  Personal Flotational Devices-Commercial Boats.

 

          (a)  Any vessel carrying passengers for hire as a common carrier of passengers or property operating on a regular schedule shall carry an approved adult type I life preserver for each person on board.  In addition, unless the service is such that children are never carried, there shall be provided a number of approved life preservers suitable for children equal to at least 10 percent of the total number of persons carried.

 

          (b)  When passengers aboard a commercial boat are wearing an approved type I, II, III, or V PFD while underway, the vessel shall be exempt from the carrying requirement set forth in (a) above.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; amd by #9237, eff 8-22-08; ss by #10293

 

          Saf-C 403.03  Classification of Boats.

 

          (a)  For the purposes of this part, motorboats shall be classified follows:

 

(1)  Class A shall be for motorboats less than 16 feet in length;

 

(2)  Class I shall be for motorboats at least 16 feet but less than 26 feet in length;

 

(3)  Class II shall be for motorboats at least 26 feet but less than 40 feet in length; and

 

(4)  Class III shall be for motorboats at least 40 feet but less than 65 feet in length.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 403.03  Classification of Boats.

 

          (a)  For the purposes of this part, motorboats shall be classified follows:

 

(1)  Class A shall be for motorboats less than 16 feet in length;

 

(2)  Class I shall be for motorboats at least 16 feet but less than 26 feet in length;

 

(3)  Class II shall be for motorboats at least 26 feet but less than 40 feet in length; and

 

(4)  Class III shall be for motorboats at least 40 feet but less than 65 feet in length.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 403.04  Description of Approved Personal Flotation Devices.

 

          (a)  For the purposes of this part, the following description for the types of PFD shall apply:

 

(1)  A type I PFD shall be designed to turn an unconscious person in the water from a face downward to a vertical or slightly backward position.  It shall have more than 20 pounds of buoyancy and is recommended for off-shore cruising;

 

(2)  A type II PFD shall be designed to turn an unconscious person in the water to the same position as a Type I PFD and shall have at least 15.5 pounds of buoyancy.  It is recommended for closer, in-shore cruising;

 

(3)  A type III PFD shall be designed to keep a conscious person in a vertical or slightly backward position and shall have at least 15.5 pounds of buoyancy.  It is recommended for in-water sports such as water skiing, and for close, in-shore buoyancy;

 

(4)  A type IV PFD shall be designed to be thrown to a person in the water and not worn.  It shall have at least 16.5 pounds of buoyance; and

 

(5)  A type V PFD is intended for specific activities and may be carried instead of another PFD only if used according to the approval condition on the label.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 403.05  Fire Extinguishers.

 

          (a)  Every motorboat shall be provided with such number, size, and type of fire extinguishers approved by Underwriter’s Laboratories, as set forth below, which are capable of promptly and completely extinguishing burning fuel. Said extinguishers shall be kept in condition for immediate use and so placed as to be readily accessible at all times.

 

          (b)  The provisions of this section shall not apply to:

 

(1)  Motorboats propelled by outboard motors while competing in any authorized race or such use as is incidental to tuning up of such boats and motors for the race; or

 

(2)  Rowboats, canoes or kayaks equipped with outboard electric motors only.

 

          (c)  A minimum number of B-1 hand portable fire extinguishers shall be required as set forth in Table 400.1 below:

 

Table 400-1 B-1 Hand Portable Fire Extinguishers

 

Class of Motorboat Fire

No Fixed Extinguishing

System in Machinery Spaces

Fixed Fire Extinguishing

 System in Machinery Spaces

 

 

 

A

1

0

I

1

0

II

2

1

III

3

2

 

          (d)  One B-2 hand portable fire extinguisher may be substituted for 2 B-1 hand portable fire extinguishers.

 

          (e)  Fire extinguisher classification shall comply with the requirements as set forth in Table 400.2 below:

 

Table 400.2

 

Classification

Type Size

Foam (Gallons)

 

Carbon Dioxide

(Pounds)

Dry Chemicals

(Pounds)

 

 

 

 

B-1

1 ¼

4

2

B-2

1 ½

15

10

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94; amd by #6005, eff 3-24-95; paragraphs (a), (c) and (d) EXPIRED: 7-1-00; paragraph (b) EXPIRED 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 403.06  Containers.  The carrying of gasoline in glass or non-approved plastic containers, in accordance with Saf-C 6009.02, in any motorboat shall be prohibited.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 403.07  Flame Arresters.  The carburetor(s) of every engine installed on motorboats which use gasoline as fuel, except outboard motors, shall be fitted with a device which has demonstrated its ability to arrest backfire, and which has been approved or accepted by the U.S. coast guard.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 403.08  Special Requirements for Commercial Boats.

 

          (a)  All vessels powered by gasoline or other inflammable fuel in which the motors or fuel tanks are enclosed, and which are operated as commercial boats, shall in addition to equipment otherwise specified in these rules, have equipment of a type to be approved by the division as follows:

 

(1)  A fixed fire extinguisher system in an enclosed engine compartment;

 

(2)  A forced draft blower for ventilating the bilge, and engine and fuel tank compartments; and

 

(3)  Two paddles, class A and I.

 

          (b)  All gasoline or other fuel tanks having a capacity of 6 gallons or more, shall be equipped with a functional shut-off valve having a securely attached handle located outside of the engine compartment and the valve shall be readily accessible for use.

 

          (c)  For the purposes of (a) above, equipment shall be approved if:

 

(1)  It is in good working condition; and

 

(2)  It does not pose a public safety hazard.

 

          (d)  Vessels using portable gas tanks of 6 gallons or less, equipped with a fuel line that is readily detachable from both the tank and the motor and is not located in an enclosed space, shall be exempt from the requirements of (b) above.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.09); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 403.09  Special Requirements for Rental Boats.

 

          (a)  All rental boats powered by gasoline or other flammable fuel, shall in addition to the equipment otherwise specified in these rules, have equipment of a type to be approved by the division as follows:

 

(1)  A forced draft blower for ventilating enclosed bilge, engine, and fuel tank compartments;

 

(2)  Two paddles, if the boat is a class A or I; and

 

(3)  One anchor attached to a sufficient amount of line capable of securing a vessel in the case of an emergency or mechanical failure.

 

          (b)  The requirements of (a) above shall not apply to rental boats that are manually propelled, sailboats less than 20 feet in length, or personal watercrafts.

 

          (c)  All rental boats are subject to inspection by the director for the following:

 

(1)  Required safety equipment is in serviceable condition;

 

(2)  Overall condition of the vessel including, but not limited to, hull and structure condition; and

 

(3)  Mechanical spaces are clean and in good repair.

 

          (d)  All rental boats with enclosed engine compartments shall be inspected annually by the director prior to the issuance of the registration certificate.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.10); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 403.10  Ventilation.  All motorboats with a closed engine compartment which use gasoline or other inflammable fuel having a flash point of less than 110 degrees Fahrenheit, shall be provided with at least 2 ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilge, engine, and fuel tank compartments in order to remove any inflammable or explosive gases.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.11); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.09); ss by #10293, eff 3-20-13

 

          Saf-C 403.11  Exhaust Pipe Connections.

 

          (a)  No person shall operate a motorboat on the public waters of this state unless such vessel is equipped with an exhaust discharge pipe extending outside the hull, with connections to withstand exhaust pressure.

 

          (b)  Whenever flexible rubber hose connections are used they shall:

 

(1)  Be installed only on vessels which discharge circulating water through the exhaust pipe;

 

(2)  Be installed at places where a full flow of water is maintained; and

 

(3)  In all cases be securely fastened by hose clamps.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.13); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.10); ss by #10293, eff 3-20-13

 

          Saf-C 403.12  Sound-Producing Devices.

 

          (a)  All class A motorboats shall be equipped with one hand, mouth or power operated whistle.

 

          (b)  All class I motorboats from 16 feet to less than 26 feet in length shall be equipped with one hand, mouth or power operated whistle, audible for a distance of at least one-half mile.

 

          (c)  All class II motorboats from 26 feet to less than 40 feet in length shall be equipped with one bell and one hand or power operated whistle, audible for a distance of at least one mile.

 

          (d)  All class III motorboats 40 feet in length to less than 65 feet shall be equipped with one bell and one power operated whistle, audible for a distance of at least one mile.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.14); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.11); ss by #10293, eff 3-20-13

 

          Saf-C 403.13  Siren, Flashing Lights.  No person, except an authorized representative of the state or any of its political subdivisions, shall use a siren or flashing blue or red lights on a vessel on state waters.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.15); ss by #6005, eff 3-24-95; ss by #6092, eff 9-19-95, EXPIRED: 9-19-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.12); ss by #10293, eff 3-20-13

 

          Saf-C 403.14  Time for Lights.  Proper lighting, as required in Saf-C 403.15 and Saf-C 403.16, shall be displayed between sunset and sunrise.  Lights shall be lighted at such times and no other lights which might be mistaken for, interfere with, or distract from, the prescribed lights shall be exhibited.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.16); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.13); ss by #10293, eff 3-20-13

 

          Saf-C 403.15  Lights on all Motorboats.

 

          (a)  All motorboats, including boats propelled by outboard motors, shall while under way, carry lights with distances of visibility on clear nights shown as follows:

 

(1)  For class A and I motorboats:

 

a.  A bright white light aft to show all around the horizon; and

 

b.  A combined light on the fore part of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam of their respective sides; and

 

(2)  For class II and III motorboats:

 

a.  A bright white light in the fore part of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel, namely, from straight ahead to 2 points abaft the beam on either side;

 

b.  A bright white light aft to show all around the horizon, and higher than the white light forward;

 

c.  On the starboard side, a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from straight ahead to 2 points abaft the beam on the starboard side;

 

d.  On the port side, a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from straight ahead to 2 points abaft the beam on the port side; and

 

e.  The side lights shall be fitted with inboard screens of sufficient height and so set as to prevent these lights from being seen across the bow.

 

          (b)  Each motorboat shall carry only the combined light or separate side lights as appropriate to its class. Additionally, one white light at the stern so constructed that it shall show an unbroken light over an area of the horizon of 12 points of the compass so fixed as to show the light 6 points from right aft on each side of the vessel.

 

          (c)  When propelled by both sail and machinery a motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.

 

          (d)  Every white light prescribed by this section shall be of such character as to be visible at a distance of at least 2 miles.  Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile.  The word "visible" in this paragraph, when applied to lights, means visible on a dark night with clear atmosphere.

 

          (e)  Any motorboat may carry and exhibit the lights required by the federal requirements for preventing collisions at sea, 1960, International Rules of the Road, federal act of September 24, 1963, 33 USC 1051-1053, 1061-1094, 77 Stat. 194-210, as amended, in lieu of the lights required by this section.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.17); ss by #6005, eff 3-24-95; ss by #6092, eff 9-19-95, EXPIRED: 9-19-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.14); ss by #10293, eff 3-20-13

 

          Saf-C 403.16  Lights on Non-Power Boats.

 

          (a)  Boats propelled by oars, paddles or other human or natural device except sails, operated on any public water, shall, between sunset and sunrise, display one white light in a conspicuous position, so placed as to show all around the horizon.

 

          (b)  Any other type of non-motorized vessel, when propelled by sail alone, shall carry only the combined light or separate side lights as appropriate to its class. Additionally, one white light at the stern so constructed that it shall show an unbroken light over an area of the horizon of 12 points of the compass so fixed as to show the light 6 points from right aft on each side of the vessel.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.18); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.15); ss by #10293, eff 3-20-13

 

          Saf-C 403.17  Diagrams.  The running lights set forth in these rules shall be as illustrated in Figure 400-1:

 

Figure 400-1 Running Lights

 

400-1

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.19); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.16); ss by #10293, eff 3-20-13

 

          Saf-C 403.18  Lights on Rafts and Barges Under Way.

 

          (a)  For the purpose of this section, “raft” means an appurtenance to a vessel.

 

          (b)  Rafts shall carry a white light on each end between sunset and sunrise, when being towed or propelled in any way.

 

          (c)  Barges being towed astern of vessels, when towing singly or in what is known as tandem towing, shall each carry a white light on the bow and a white light on the stern.

 

          (d)  Barges being towed alongside a vessel shall:

 

(1)  Carry a green light upon the starboard side;

 

(2)  Carry a red light on the port side of the barge; and

 

(3)  If there is more than one barge abreast, the colored lights shall be displayed from the outer sides of the outside barge.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94 (formerly Saf-C 403.19), EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.17); ss by #10293, eff 3-20-13

 

          Saf-C 403.19  Lights on Boats or Rafts at Anchor.  All vessels, log rafts and rafts as defined in RSA 270:42, IV, when at anchor in the normally traveled portion of the public waters, between sunset and sunrise, shall display a white light high enough to show all around the horizon.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.21); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.18); ss by #10293, eff 3-20-13

 

          Saf-C 403.20  Communication Facilities Required.  When remote controls are not provided, the pilot house and engine room of a vessel shall be equipped with a reliable communication system which shall be maintained in good working condition at all times.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.23); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.19); ss by #10293, eff 3-20-13

 

          Saf-C 403.21  Automatic Shut-Off Required.  When vessels powered with inboard or outboard motors are racing or running time trials in a program and on a course which has been approved by the commissioner, pursuant to Saf-C 413, the vessel shall be equipped with a deadman's throttle, also known as a kill switch.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94 (formerly Saf-C 403.24); amd by #6005, eff 3-24-95; paragraphs (a)-(d) EXPIRED: 7-1-00; amd by #7798, eff 12-3-02 (inserted (a)-(d) again); paragraph (e) EXPIRED: 3-24-95; amd by #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03 (inserted (e) again)

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04, except for paragraphs (a)-(d); ss and moved by #8172, eff 9-21-04 (from Saf-C 403.20); ss by #10293, eff 3-20-13

 

          Saf-C 403.22  Hull Numbers Issued by the Department.

 

          (a)  When a vessel bears no manufacturer’s hull identification number because it is homemade or was constructed before identification numbers were required, the registrant shall so notify the division of motor vehicles and the director shall issue an identification number for such vessel.

 

          (b)  Hull identification numbers issued by the director shall bear the prefix NHZ and be followed by 9 numbers for entry in the National Crime Information Center (NCIC).

 

          (c)  Hull identification numbers shall be issued and recorded at the Concord boat registration desk, division of motor vehicles.

 

          (d)  For any registration transacted by a boat agent, a hull identification number shall be assigned, if necessary, at the time the registration is processed.

 

          (e)  Hull identification numbers issued by the director shall be permanently affixed to the transom of the vessel in plain view.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.25); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.21); ss by #10293, eff 3-20-13

 

          Saf-C 403.23  Noise Level Testing Procedure.

 

          (a)  This section shall set forth the testing procedures used to measure marine engine noise levels, pursuant to RSA 270:36-40.

 

          (b)  The following instruments shall be used to measure decibel levels of marine engines and motors:

 

(1)  A precision sound level meter that conforms to the specifications of ANSI S1.4-1983; and

 

(2)  An external field test, such as a sound level calibrator.

 

          (c)  The test site shall be located on a calm body of water that is large enough to allow pass-bys at full speed, as designated by the division.

 

          (d)  The area around the test site shall be free of large obstructions, such as buildings, boats, hills, large piers and breakwater walls, for a minimum distance of 100 feet.

 

          (e)  The test course shall consist of 3 small buoys, in a straight line.

 

          (f)  The test boat shall be positioned parallel to the test course, at a distance of 50 feet from the center buoy of the course. The bow and stern of a test boat shall be secured to moorings.

 

          (g)  A marine patrol officer shall stay on board each boat tested to verify that the boat was operated at maximum speed, pursuant to (k) below, for 2 of the pass-bys.

 

          (h)  Calibration shall be as follows:

 

(1)  The sound level meter used shall be calibrated using an external field test;

 

(2)  Field calibration of the sound level meter shall be made immediately before and after each test sequence;

 

(3)  The person performing the field calibration shall record successful completion of the calibration on a noise test report form;

 

(4)  An external standard calibration test shall be conducted annually on the sound level meter and the external field test; and

 

(5)  A copy of the external standard calibration test form, completed by the person(s) who performed the last external standard calibration, shall be evidence that the sound level meter and the external field test were properly calibrated at the time of the noise level test.

 

          (i)  The ambient sound level, including wind effects, due to noise sources other than the vessel being tested, shall be measured immediately prior to the test sequence.  The value shall be recorded.

 

          (j)  The temperature, humidity and windspeed shall be recorded, using the current values available and reported by the National Weather Service at the nearest observation station to the site.

 

          (k)  The test shall consist of 4 passes along the test course of 3 buoys, at a distance of 1 to 3 feet from the buoys. The direction of travel shall be reversed between each run.  The first 2 runs shall be at the boat's half throttle cruising speed, and the other 2 runs shall be at full throttle.

 

          (l)  During each test, all radio equipment shall be switched off.  An officer shall hold the sound level meter 5 to 6 feet above the water with the microphone inclined approximately 70 degrees off horizontal, facing the center buoy of the test course.  The results of each run shall be recorded by a marine patrol officer in the test boat.

 

          (m)  Each meter reading shall be obtained while the boat is within the boundaries of the test course, at the highest sound level for each speed.

 

          (n)  All values obtained pursuant to (m) above shall be recorded, however, the sound level shall be the average of the 2 readings, rounded down to the nearest whole number.

 

          (o)  The officers conducting the noise level test shall record the following information on a log sheet:

 

(1)  Name, address and date of birth of owner of the boat;

 

(2)  Documentation showing proof of identification of the boat operator;

 

(3)  Names of officers conducting the test;

 

(4)  Date and time of test;

 

(5)  Location of test site;

 

(6)  Weather conditions;

 

(7)  Water conditions;

 

(8)  Make, model number and color of the boat being tested;

 

(9)  Length of the boat;

 

(10)  Registration number of the boat;

 

(11)  Hull identification number of the boat;

 

(12)  Names or distinguishing marking on the boat;

 

(13)  The result of the external field test of the sound level meter;

 

(14)  Direction of the test pass, either left or right; and

 

(15)  Results of each test.

 

Source.  #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 403.26); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss and moved by #8172, eff 9-21-04 (from Saf-C 403.22); ss by #10293, eff 3-20-13

 

          Saf-C 403.24  Noise Levels of Marine Engines.  No boat shall be offered for sale or operated in or upon the waters of this state that have engines or motors that exceed the noise levels set forth in RSA 270:37.

 

Source.  #8172, eff 9-21-04 (from Saf-C 403.23); ss by #10293, eff 3-20-13

 

          Saf-C 403.25  Defective Equipment Tags.

 

          (a)  The director or his or her authorized representatives shall issue a defective equipment tag to the operator of any boat   found to be in violation of any of the equipment requirements set forth in law or these rules.

 

          (b)  Any equipment violation shall be noted on the defective equipment tag and the owner of the boat shall be responsible to immediately correct the violation and have the correction verified by the signature of a marina dealer employee or the director or his or her designee.  The owner’s copy of the defective equipment tag shall be returned to the New Hampshire department of safety, division of state police, marine patrol bureau, within 48 hours of having the equipment violation corrected and verified.

 

          (c)  The issuance of a defective equipment tag shall prohibit the continued operation of the boat until the equipment violation is corrected.

 

Source.  #8172, eff 9-21-04 (formerly Saf-C 405.05); ss by #10293, eff 3-20-13

 

PART Saf-C 404  BOATING RULES

 

          Saf-C 404.01  Operating in Fog.

 

          (a)  Any vessel that is running in a fog, mist, falling snow or heavy rain storm, or when a vessel cannot see other vessels, the pilot shall cause a long blast, 4 to 6 seconds in duration, of the whistle or horn, at intervals not exceeding 2 minutes.

 

          (b)  A vessel hearing the fog signal of another vessel, apparently forward of the beam, the position of which is not ascertained, shall immediately slow to headway speed only, and then navigate with caution until danger of collision is over.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.09); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 404.02  At Anchor in Fog.  Vessels of any kind or their appurtenances, when at anchor on the normally traveled portion of the public waters in a fog or thick weather, shall sound their fog signals at intervals not exceeding one minute.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.10); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 404.03  Care of Log Rafts.  All rafts or booms of logs shall be accompanied, while in transit, by a trailer vessel.  The trailer vessel shall watch for and pick up any escaping logs, and generally supervise the condition of the raft or boom while under way.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.13); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 404.04  Meeting or Passing Log Rafts.  All vessels, when meeting or passing rafts or logs being towed shall, during such meeting or passing, reduce their speed to such an extent as to prevent their wake from causing logs to break away or wash out of the raft or boom.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.14); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 404.05  Commercial Vessel Passengers.  The number of passengers carried on any of the public waters of the state shall not exceed the passenger carrying capacity of the vessel, as determined by a licensed marine surveyor and as registered with the division.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.15); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 404.06  Age of Commercial Operator.  A person under 18 years of age shall not be issued a certificate to operate a commercial vessel on the public waters of the state.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.16); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 404.07  Accident Assistance.

 

          (a)  In the event of a collision, accident or other casualty involving a vessel subject to this chapter, the operator, if he or she can do so without serious danger to his or her own vessel or persons aboard, shall render such assistance as shall be practicable and necessary to other persons affected by the collision, accident or casualty in order to save them from danger caused by the collision, accident or casualty.  The operator shall also give his or her name, address and identification of his or her vessel to any person injured, to the operator of any other vessel(s) involved and to the owner of any property damaged.

 

          (b)  Any person who complies with this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident or other casualty, without objection from any person assisted, shall not be liable for any action taken as a result of the rendering of assistance when he or she acted as any ordinary reasonably prudent person would have acted under the same or similar circumstances.

 

          (c)  Any owner, operator or passenger aboard a vessel involved in a collision, accident or other casualty shall immediately report the incident to the NH marine patrol bureau.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 404.23); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 404.08  Swim Lines.

 

          (a)  No person shall operate a boat within any permitted swim line on any public body of water.

 

          (b)  No person shall put or place a swim line in any public body of water without prior written approval of the director.

 

          (c)  An application for a swim line permit, form DSSS 41, shall be submitted to the director by the shore front property owner, or a contact person.

 

          (d)  The following shall be submitted on form DSSS 41:

 

(1) Name, address, telephone number and cellular telephone number, if available, of the property owner;

 

(2)  Name, address, telephone number and cellular telephone number, if available, of the contact person for the property owner, if applicable;

 

(3)  Address of the shore front property;

 

(4)  Name of the body of water;

 

(5)  Lot number and tax map number of the shore front property;

 

(6)  Name and address of adjacent abutters;

 

(7)  Type of swim area, such as:

 

a.  Private or individual swim area;

 

b.  Town or state owned swim area; or

 

c.  Private group or association swim area; and

 

(8)  If a waiver is requested, a statement of need with a description of water depth and distance from shore.

 

          (e)  An application for a swim line permit shall be signed and dated by the property owner or contact person.

 

          (f)  A diagram of the swim area that is accurate in relation to north shall be attached to form DSSS 41.

 

          (g)  The diagram referenced in (f) above shall be accurate in relation to north and contain the following:

 

(1)  Applicant’s shore line and property line in feet;

 

(2)  The proposed swimline’s location and dimensions in feet;

 

(3)  Water depth in feet at furthest point of the proposed swim line;

 

(4)  Location, dimensions and distance in feet to moorings, docks, or swim rafts located off the applicant’s shore frontage; and

 

(5)  Adjacent abutter’s shore frontage(s), and location, dimensions and distance in feet to moorings, docks, swim rafts or swim lines, located within 200 feet of the applicant’s shore frontage.

 

          (h)  No swim line shall be approved which:

 

(1)  In the opinion of the director constitutes a hazard or obstruction to navigation;

 

(2)  Is placed closer than 20 feet from adjacent abutter property lines;

 

(3)  Has an open-sided configuration that would permit boats to enter the swim area;

 

(4)  Extends into the water beyond the point where the depth of water exceeds 6 feet or for a distance from shore of 50 feet, whichever occurs first; or

 

(5)  Diminishes the residential, recreational or scenic value of the public water in light of the competing uses for the enjoyment of the public water.

 

          (i)  Any waiver of the restrictions set forth in (h) above shall be requested and submitted to the director on form DSSS 41.  The request shall include a detailed description of water depth and distance from shore.

 

          (j)  Upon receipt of a request for a waiver pursuant to (i) above, the director shall conduct a visual inspection of the proposed swim line site.  A waiver shall be granted if the director determines that the proposed swim line does not constitute a hazard or obstruction to navigation and that the swim line does not diminish the residential, recreational or scenic value that the public water provides to all users. The conditions of the waiver shall appear on the swim line permit.

 

          (k)  A swim line permit shall expire on December 31 of each year.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94; renumbered by #6005, eff 3-24-95 (formerly Saf-C 404.28), EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss by #8172, eff 9-21-04; amd by #9731, eff 6-24-10; ss by #10293, eff 3-20-13

 

          Saf-C 404.09  Swim Rafts.

 

          (a)  Each swim raft placed in public waters shall display the owners name and shore front address plainly marked on the outside of such raft.

 

          (b)  Each swim raft placed in public waters shall display 12 square inches of reflective material at least half way up on all sides of the raft.

 

Source.  #6092, eff 9-19-95, EXPIRED: 9-19-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; rpld by #8614, eff 4-25-06

 

New.  #10293, eff 3-20-13

 

          Saf-C 404.10  Operating Restrictions.  All vessels leaving Back Bay Channel on Lake Winnipesaukee in the town of Wolfeboro shall have the right-of-way from all vessels, except for canoes, rowboats and sailboats entering the channel, pursuant to RSA 270-D:2, IX.

 

Source.  #7305, EMERGENCY, eff 6-9-00, EXPIRED: 10-7-00

 

New.  #7502, EMERGENCY, eff 6-8-01, EXPIRES:12-5-01; ss by #7534, eff 7-25-01; ss and moved by #8172, eff 9-21-04 (from Saf-C 404.09); ss by #10293, eff 3-20-13

 

          Saf-C 404.11  Weirs Beach Restriction.

 

          (a)  No person shall anchor, moor or raft as defined in RSA 270:42, IV, on the portion of Lake Winnipesaukee known as Weir’s Beach in the city of Laconia from:

 

(1)  An imaginary line that runs from the northeastern corner of the Winnipesaukee Pier to the northernmost light buoy that marks the northernmost end of the Weirs Channel and continuing on to the shoreline; and

 

(2)  All points south of said imaginary line to include the Weirs Channel area to the lighted navigational aid marking the southernmost end of the Weirs Channel.

 

          (b)  This section shall be implemented each year, beginning on the Wednesday before the annual Motorcycle Week in Laconia, at Weir’s Beach, and ending at noon on the last day of Motorcycle Week.

 

Source.  #7482, eff 4-25-01; ss and moved by #8172, eff 9-21-04 (from Saf-C 404.10); ss by #10293, eff 3-20-13

 

          Saf-C 404.12  Rules for Crossing Boat Wakes and Conduct Near Other Vessels.

 

          (a)  No boat operator shall allow his or her boat to cross the wake of another boat, or cross its own wake, in a manner that causes the vessel to become airborne.  For the purposes of this section, "airborne" means that the boat's hull completely leaves the water.

 

          (b)  An operator shall slow to headway speed when crossing the wake of another vessel when within 150 feet of  the other  vessel.

 

          (c)  No boat operator shall operate his or her her boat in a manner that is unsafe, including the following types of conduct:

 

(1)  Challenging other boaters by heading directly at a vessel and then swerving at the last minute to avoid collision;

 

(2)  Weaving through congested boat traffic at greater than headway speed;

 

(3)  Operating while his or her vision is obstructed; and

 

(4)  Types of operation that are intended to create erratic operational patterns so that other boaters cannot determine the course or heading of the boat.

 

          (d)  Notwithstanding any other rule to the contrary, this section shall not apply to the following:

 

(1)  Water events as set forth in RSA 270-D:4 and Saf-C 413; and

 

(2)  Law enforcement agencies and their representatives acting in their official capacity.

 

Source.  #8172, eff 9-21-04 (from Saf-C 404.11); ss by #10293, eff 3-20-13

 

PART Saf-C 405  DESCRIPTION OF BUOYING SYSTEM

 

          Saf-C 405.01  Spar Buoys.

 

          (a)  An operator of a vessel shall observe the following rules when encountering spar buoys on the public waters of the state:

 

(1)  White buoy with black top means:

 

a.  When navigating on an east-to-west or west-to-east course go north; or

 

b.  When navigating on a north-to-south or south-to-north course go east;

 

(2)  White buoy with red top means:

 

a.  When navigating on an east-to-west or west-to-east course go south; or

 

b.  When navigating on a north-to-south or south-to-north course go west;

 

(3)  An all black buoy means one has to travel between it and its companion all red buoy.  The all black buoy is used together with the all red buoy to mark a well-defined channel; and

 

(4)  An all red buoy means one has to travel between it and its companion all black buoy.  The all red buoy is used together with the all black buoy to mark a well-defined channel.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by 8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 405.02  Flashing Light Buoys.  Flashing light buoys shall be range or general direction indicators, white in color.  The light shall not control navigation directions.  The spar buoy adjacent to such lights shall indicate the governing direction for navigation.  When navigating at night, operators shall use the light for general direction, keeping the course of the vessel a few degrees to the correct side or passage, as indicated by the buoy adjacent to it.  Operators shall not approach a light head.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by 8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 405.03  Bridge Lights.  Whenever lights are displayed on bridges, fixed red lights shall mark the edges of the safe channel, with a single fixed green light placed over the center of the safe channel to indicate maximum vertical clearance.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by 8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 405.04  Regulatory Markers.  Regulatory markers shall be geometric figures painted international orange and white.  Regulatory markers shall indicate the existence of danger, speed zones, swim areas and other controls.  Spelled-out words or recognized abbreviations may appear on these markers to convey their meaning to vessel operators.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by 8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

PART Saf-C 406  TRAINING RULES

 

          Saf-C 406.01  Agents of the Director.

 

          (a)  Each certified agent of the director shall attend an annual boating enforcement seminar conducted by the captain of marine patrol or his or her designee for which the curriculum has been established and approved by the director, unless excused from attendance by the director by virtue of past experience and training in boating law enforcement.

 

          (b)  Each certified agent of the director shall attend an annual boating enforcement seminar that complies with Pol 403.01, conducted by the captain of marine patrol or his or her designee for which the curriculum has been established and approved by the director, unless excused from attendance by the director by virtue of past experience and training in boating law enforcement.

 

Source.  #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94, EXPIRED: 7-1-00

 

New.  #7798, eff 12-3-02; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

PART Saf-C 407  RAFTING RULES

 

          Saf-C 407.01  Rafting Rules.

 

          (a)  In addition to and in conjunction with the requirements of RSA 270:44, no person, except as otherwise provided herein, shall, in a prohibited location or at a prohibited time:

 

(1)  Form or allow a boat which he or she is operating or in charge of to be a member of a raft consisting of 3 or more boats;

 

(2)  Form or allow the boat which he or she is operating or in charge of to be a member of a raft if any part of such raft is:

 

a.  Less than 150 feet from shore;

 

b.  Less than 50 feet from any other raft; or

 

c.  Less than 50 feet from any occupied single boat which is stationary upon the waters of the same lake or pond; and

 

(3)  Anchor a single boat and cause it to remain stationary upon the waters of a lake or pond, other than momentarily, if any part of such boat is:

 

a.  Less than 150 feet from shore;

 

b.  Less than 50 feet away from any raft; or

 

c.  Less than 25 feet away from any other single boat which is stationary upon the waters of such lake or pond.

 

Source.  #2573, eff 12-30-83; ss by #3010, eff 5-2-85; ss by #4070, eff 06-30-86; ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 407.02  Exceptions.

 

          (a)  The provisions of Saf-C 407.01 shall not apply to:

 

(1)  Boats anchored or moored at marinas, yacht clubs or at private docks with the owner's permission;

 

(2)  Boats involved in or attending a:

 

a.  Fireworks display;

 

b.  Boat parade;

 

c.  Boat race; or

 

d.  Any other public event for which the commissioner issues a permit in accordance with Saf-C 413;

 

(3)  Boats converged at the direction of the division or of the fish and game department to protect threatened wildlife species;

 

(4)  Boats converged in an emergency to prevent personal injury, property damage or other life or health-threatening situations;

 

(5)  Boats operated by peace officers engaged in law enforcement;

 

(6)  Lifeboats or dinghies;

 

(7)  Sailboats operated by organized youth groups under the direct control of a camp counselor or other responsible adult; and

 

(8)  Boats on estuaries, tidal waters, or lakes or ponds of less than 400 acres.

 

Source.  #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 407.03  Prohibited Areas.

 

          (a)  Rafting, as defined in RSA 270:42, V, shall be prohibited on the following portions of Lake Winnipesaukee, unless covered by one of the exceptions specified in RSA 270:45:

 

(1)  The area known as Kona Mansion, in the town of Moultonborough, east of an imaginary line running north and south from the red top mark buoy located on the western tip of Avery's Point on the south to the Kona Farm gas docks on the north;

 

(2)  Small's Cove in the town of Alton, southwest of an imaginary line running southeast-northwest from light 75 on the northwestern end to the northernmost point of land marking the entrance to the first cove, south of Small's Cove on the south;

 

(3)  Wentworth Cove, southwest of Governor's Island Bridge west of an imaginary north-south line, running from light 43 on the north to the black top buoy, located off Wentworth Cove Estates on the south;

 

(4)  Braun Bay, within 300 feet of both fish and game property lines, to be delineated by marine patrol with orange mooring balls;

 

(5)  Braun Bay, at a distance less than 75 feet from shore, to be delineated by marine patrol with orange mooring balls;

 

(6)  The area known as Cedar Cove, specifically identified as the area opposite Plum Island which borders the town of Alton tax map 18, lot numbers 12 through 20 and 55;

 

(7)  The area of Winter Harbor from the southern boundary of the town of Tuftonboro tax map 51, block 3, lot number 14 to the southern boundary of tax map 51, block 1, lot number 20;

 

(8)  The entire area known as Green’s Basin in the town of Moultonborough;

 

(9)  Orchard Cove, on the east side of Cow Island, in the town of Tuftonboro;

 

(10)  The entire area known as Buzzell Cove in the town of Moultonborough;

 

(11)  Brickyard Cove, south of an imaginary line running about 2,300 feet from the northern tip of Clay Point to the southern tip of Barndoor Island;

 

(12)  The entire area known as Black Cove, in the town of Meredith, encompassing an area in Meredith tax map S-7, east from the northern most point of Lot 5-1 to the southeastern most point of Lot 1;

 

(13)  The entire area known as East Cove in the town of Moultonborough;

 

(14)  The entire area known as Advent Cove in the town of Meredith;

 

(15)  Roberts Cove, in the town of Alton, east of an imaginary line running north to south from the westerly boundary of lot 41 on tax map 48 to the westerly boundary of lot 1 on tax map 48; and

 

(16)  The entire areas known as Round Cove, Fish Cove, and Flag Cove in the town of Meredith.

          (b)  Rafting, as defined in RSA 270:42, V, shall be prohibited on the following portions of Lake Sunapee, unless covered by one of the exceptions specified in RSA 270:45:

 

(1)  Along the eastern shore beginning at Owl's Nest Point, running northeast to a point off Soo Nipi Road, a distance of approximately 2,800 feet;

 

(2)  Along the front of the John Hay National Wildlife Refuge in the town of Newbury; and

 

(3)  In the area 2,000 feet north northeast of Twin Islands, adjacent to the red top spar buoy in George’s Mills.

 

          (c)  Rafting, as defined in RSA 270:42, V, shall be prohibited within the entire area known as Camp Starfish Cove, on Lake Monomonac, unless covered by one of the exeptions specified in RSA 270:45.

 

Source.  #4562, eff 1-3-89; amd by #5671, eff 7-19-93; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95; ss by #6815, eff 7-24-98; amd by #7286, eff 5-23-00; amd by #7906, eff 6-24-03; ss by #8172, eff 9-21-04; amd by #8338, eff 4-22-05; amd by #9237, eff 8-22-08; (See Revision Note #2 at chapter heading) amd by #9544, eff 9-15-09; ss by #10293, eff 3-20-13; amd by #10515, eff 1-27-14; amd by #10740, eff 12-2-14; amd by #12492, eff 3-19-18

 

          Saf-C 407.04  Ossipee Lake Rafting Restrictions.

 

          (a)  The following rafting restriction shall apply to that portion of Lake Ossipee known as Cassie and Turtle Coves and the adjacent sandbar, including the channel to and from Broad Bay and the main lake:

 

(1)  Rafts shall be limited to 10 boats;

 

(2)  Rafting shall be allowed from sunrise to sunset;

 

(3)  Rafts shall be at least 50 feet from the main navigational channel; and

 

(4)  Rafts shall not be anchored or secured to the shoreline in any way.

 

Source.  #7534, eff 7-25-01; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

PART Saf-C 408  MOORINGS

 

          Saf-C 408.01  Lakes Covered.  Saf-C 408 shall only apply to moorings on Lake Winnipesaukee, Squam Lakes, Lake Sunapee, Lake Winnisquam, Newfound Lake, Ossipee Lake, Bow Lake, and Pleasant Lake.

 

Source.  #4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.02); ss by #6005, eff 3-24-95; ss by #6815, eff 7-24-98; ss by #8172, eff 9-21-04; ss by #9731, eff 6-24-10; ss by #10293, eff 3-20-13; ss by #12398, eff 10-1-17

 

          Saf-C 408.02  Abutter.  For the purposes of this part, “abutter” means the record owner of land immediately adjacent to, and/or of any portion of land that is located within 300 feet of the boundaries of the proposed mooring field, including properties adjacent to the water within 300 linear feet, such as in the case of coves.

 

Source.  #4750, eff 1-29-90; ss by #6005, eff 3-24-95 (formerly Saf-C 401.01), EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 408.03  Mooring.  Only one boat shall be attached to a mooring.

 

Source.  #4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.01); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 408.04  Mooring Permit Required.  No person shall erect, install, maintain, use or have control over a mooring on any body of water specified in Saf-C 408.01, unless a mooring permit has been issued by the division.

 

Source.  #4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.03); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 ss by #10293, eff 3-20-13

 

          Saf-C 408.05  Mooring Permit Application.

 

          (a)  Each applicant for a mooring permit pursuant to RSA 270:61 shall complete:

 

(1)  Form DSSS 18, application for an individual mooring permit, if applying for one to 4 moorings;

 

(2)  Form DSSS 19, application for a congregate mooring permit, if applying for a congregate mooring field that is 5 or more moorings; and

 

(3)  Form DSSS 33, application for a public mooring field permit, if applying for a public mooring field, that is 5 or more moorings.

 

Source.  #4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.04); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 408.06  Individual Mooring Permit Application.

 

          (a)  The owner of the shorefront property or the owner of the shorefront property allowing access to the mooring shall complete form DSSS 18.

 

          (b)  An applicant shall provide the following on form DSSS 18:

 

(1)  Name, shorefront and mailing address, telephone number and cellular telephone number, if available of the mooring owner;

 

(2)  Name, address, telephone number and cellular telephone number, if available, of the contact person for the mooring owner, if applicable;

 

(3)  Name of the body of water on which the proposed mooring will be located;

 

(4)  Adequate directions for locating the mooring by both water and land;

 

(5)  Town or city tax map and lot number of the shorefront property adjacent to which the mooring shall be placed;

 

(6)  The water depth where the mooring is located;

 

(7)  If the mooring will be used by another person, the person’s name, address and telephone number, along with an explanation of the request;

 

(8)  Current copy of the boat registration for all boats used at the shorefront property;

 

(9)  If the boat does not require registration, the name of the boat’s owner and full description of the boat, including length, color, make and model;

 

(10)  Name and address of all abutters;

 

(11)  The mooring owner’s or contact person’s signature and date signed;

 

(12)  Statement that no other viable and safe alternative exists for securing the boat;

 

(13)  Statement whether docking facilities exist, over which the applicant has control;

 

(14)  Statement that the mooring shall not be transferred, leased or sold;

 

(15)  A diagram or plan that includes the following:

 

a.  The applicant’s shore frontage in feet;

 

b.  Name and shore frontage in feet of each abutter, located within 300 feet of the applicant’s shore frontage;

 

c.  The location and distance from shore of each mooring applied for; and

 

d.  The location of all structures in the water in front of the applicant’s or abutter’s shore frontage, including:

 

1.  Docks;

 

2.  Personal watercraft or boat lifts;

 

3.  Other moorings;

 

4.  Swim rafts;

 

5.  Swim lines; and

 

6.  Navigational markers; and

 

(16)  An executed copy of a deed or lease of the shorefront property.

 

Source.  #4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.05); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 408.07  Congregate Mooring Permit Application.

 

          (a)  An applicant for a congregate mooring permit shall provide the following on DSSS 19:

 

(1)  Name, address, telephone number and cellular telephone number, if available of the mooring owner;

 

(2)  Name, address, telephone number and cellular telephone number, if available, of the contact person responsible for the mooring field, if applicable;

 

(3)  Number of moorings requested;

 

(4)  Identification of the marina, condominium, association, yacht club or other like homogeneous use group;

 

(5)  Name of the body of water on which the proposed mooring field will be located;

 

(6)  The distance from shore to the furthest mooring in the mooring field;

 

(7)  Adequate directions for locating the area by both water and land;

 

(8)  A written description of access from shore;

 

(9)  An executed copy of a deed or lease of the shorefront property;

 

(10)  A description of the mooring buoys, including the color, shape, size and material;

 

(11)  Description of the mooring anchors, including the material used and the weight;

 

(12)  Signature(s) of the person authorized to sign on behalf of the group and date signed;

 

(13)  Five copies of a diagram or plan to scale that includes the following on an 11" x 17" sheet of paper:

 

a.  The location of all structures placed in the water within 300 feet from the outer perimeter of the proposed mooring field, including:

 

1.  Docks, permanent or seasonal;

 

2.  Personal watercraft or boat lifts;

 

3.  Other moorings;

 

4.  Swim lines;

 

5.  Swim rafts;

 

6.  Navigational markers; or

 

7.  Launch ramp;

 

b.  The location of property lines and name and address of all abutters  including tax  map and lot numbers;

 

c.  The shore frontage in feet;

 

d.  Scale of measurement;

 

e.  North arrow;

 

f.  The  water depth in the area of each mooring;

 

g.  The  location of each mooring from shore;

 

h.  Distance between each mooring;

 

i.  Support facilities, including:

 

1.  Dinghy docking;

 

2.  Water taxi service;

 

3.  Public restroom facilities;

 

4.  Refuge removal facilities;

 

5.  Holding tank pump out facilities;

 

6.  Parking for automobiles and trailers; and

 

7.  Docks reserved for use of mooring field users for loading or unloading; and

 

j.  A location map suitable for locating shorefront access and mooring(s);

 

(14)  An explanation of how the moorings shall be designated;

 

(15)  A copy of a certificate of insurance for comprehensive general liability for all claims of bodily injury, death or property damage that might result from the maintenance, management or operation of the mooring field and the amount of coverage;

 

(16)  A statement that the applicant shall indemnify and hold harmless the state, its officers and employees from all claims, liabilities or penalties resulting from the acts or omissions of the applicant in maintaining, managing or operating the mooring field;

 

(17)  A copy of any association rules or bylaws pertaining to waterfront use, including docks, beaches, swim rafts and swim lines;

 

(18)  Name and address of all abutters, located within 300 feet of the boundaries of the mooring field;

 

(19)  A statement certifying that all abutters to the shorefront property have been notified of the application by certified mail, return receipt requested, and have been provided copies of the application and grid map; and

 

(20)  A copy of the current boat registration for all boats used at the property.

 

Source.  #4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.06); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 408.08  Public Mooring Permit Application.

 

          (a)  An applicant for a public mooring permit shall provide the following on DSSS 33:

 

(1)  Name, address, telephone number and cellular telephone number, if available, of the applicant;

 

(2)  Name, address, telephone number and cellular telephone number, if available, of the contact person responsible for the mooring field, if applicable;

 

(3)  Number of moorings requested;

 

(4)  Name of the body of water on which the proposed mooring field will be located;

 

(5)  The distance from shore to the furthest mooring in the mooring field;

 

(6)  Adequate directions for locating the area by both water and land;

 

(7)  A written description of access from shore;

 

(8)  An executed copy of a deed or lease of the shorefront property;

 

(9)  A description of the mooring buoys, including the color, shape, size and material;

 

(10)  Description of the mooring anchors, including the material used and the weight;

 

(11)  Signature(s) of the person authorized to sign on behalf of the applicant and date signed;

 

(12)  Percentage of moorings in a public mooring field that shall be used for a full season;

 

(13)  Five copies of a diagram or plan to scale that includes the following on an 11" x 17" sheet of paper:

 

a.  The location of all structures  placed in the water within 300 feet from the outer perimeter of the proposed mooring field, such as but not limited to:

 

1.  Docks, permanent or seasonal;

 

2.  Personal watercraft or boat lifts;

 

3.  Other moorings;

 

4.  Swim lines;

 

5.  Swim rafts;

 

6.  Navigational markers; or

 

7.  Launch ramp;

 

b.  The location of property lines and name and address of all abutters including tax map and lot numbers;

 

c  The shore frontage in feet;

 

d.  Scale of measurement;

 

e.  North arrow;

 

f.  The water depth in the area of each mooring;

 

g.  The  location of each mooring from shore;

 

h.  Distance between each mooring;

 

i.  Support facilities, such as, but not limited to:

 

1.  Dinghy docking;

 

2.  Water taxi service;

 

3.  Public restroom facilities;

 

4.  Refuge removal facilities;

 

5.  Holding tank pump out facilities;

 

6.  Parking for automobiles and trailers; and

 

7.  Docks reserved for use of mooring field users for loading or unloading; and

 

j.  A location map suitable for locating shorefront access and mooring(s);

 

(14)  A copy of a certificate of insurance for comprehensive general liability for all claims of bodily injury, death or property damage that might result from the maintenance, management or operation of the mooring field and the amount of coverage;

 

(15)  A statement that the applicant shall indemnify and hold harmless the state, its officers and employees from all claims, liabilities or penalties resulting from the acts or omissions of the applicant in maintaining, managing or operating the mooring field;

 

(16)  Name and address of all abutters, located within 300 feet of the boundaries of the mooring field; and

 

(17)  A statement certifying that all abutters to the shorefront property have been notified of the application by certified mail, return receipt requested, and have been provided copies of the application and grid map.

 

Source.  #4750, eff 1-29-90; ss by #6005, eff 3-24-95 (formerly Saf-C 408.061), EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8093, EMERGENCY, eff 5-28-04, EXPIRES: 11-24-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 408.09  Rejection of Mooring Permit Application and Revocation of Mooring Permit.

 

          (a)  The director shall reject an application for a mooring permit, or after notice and an opportunity for a hearing, revoke a mooring permit for any of the following:

 

(1)  The location interferes with or impedes navigation and subsequently constitutes a hazard to public safety;

 

(2)  Viable and safe alternatives exist for securing the boat;

 

(3)  Adequate docking facilities exist, over which the applicant has control;

 

(4)  The owner of shorefront property who has authorized a person to cross his or her property to access the mooring, fails to file an application on behalf of the person;

 

(5)  The owner of a shorefront property who has received a mooring permit on behalf of a person without shorefront property decides that he or she no longer wants the person to cross his or her property to access the mooring or no longer         owns the property;

 

(6)  Evidence exists that the mooring might be transferred, leased or sold;

 

(7)  False information was given on the application form, unless the false information is of an inconsequential nature, such as, but not limited to, a typographical error or misspelled name or address;

 

(8)  The proposed location for the mooring unreasonably interferes with recreational uses of the water and adjacent land;

 

(9)  The director or his designee has determined that the corners or the perimeter of the mooring field shall be designated by orange buoys with non-strobe flashing orange lights, but the operator of the mooring field refuses to install said buoys and lights and has attached boats to the moorings;

 

(10)  There are more moorings installed than the number allowed and stated on the approved mooring permit;

 

(11)  The public mooring field does not have at least one designated public access;

 

(12)  The public mooring field has a membership requirement;

 

(13)  The public or congregate mooring field does not have an operator;

 

(14)  The public mooring field operator allows more than 50 percent of the total number of moorings within the field to be used for a term longer than 30 days;

 

(15)  The public mooring field operator is in violation of the provisions of Saf-C 408.13;

 

(16) It has been determined that the water depth, shoreline configuration, wind exposure, domestic water use in the area and other environmental conditions and effects are such that the location is not appropriate for moorings; and

 

(17)  The public mooring field operator is not in compliance with the provisions of these rules.

 

          (b)  For the purposes of (a)(8) above, a mooring location shall be considered an unreasonable interference if:

 

(1)  It interferes with an abutter's use of the water in front of his or her property;

 

(2)  It poses a safety hazard to users of a public beach;

 

(3)  It is located so close to another existing mooring that the attached boats may collide;

 

(4)  The location poses a navigational hazard to other boaters; and

 

(5)  Any other interference that creates a hazard.

 

          (c)  For the purposes of (a) above, all hearings shall be held pursuant to the requirements of Saf-C 202.

 

Source.  #4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.07); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 408.10  Notice of Rejection.  If the director rejects or revokes a mooring permit application, the reason for the rejection or revocation shall be sent to the applicant in writing within 10 working days of the director’s decision.

 

Source.  #4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.08); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 408.11  Lights.

 

          (a)  Mooring fields with 10 or more moorings shall have the corners or the perimeter of the mooring field designated by orange buoys with non-strobe flashing orange lights.

 

          (b)  Mooring fields with fewer than 10 moorings shall have the corners or perimeter lighted if the director or his designee determines that navigation or safety hazards exist at night.

 

          (c)  For the purposes of this rule, "navigation or safety hazard" shall include but not be limited to:

 

(1)  Moorings situated in a customary path of boating traffic;

 

(2)  A shallow and/or rocky area; and

 

(3)  A public launch site near the mooring field.

 

          (d)  Additional orange buoys with non-strobe flashing orange lights shall be ordered by the director or his designee, if the location or size of the mooring field presents a threat to navigation or safety hazard at night.

 

          (e)  Pursuant to RSA 270:67, upon approval of a mooring field permit by governor and council, each applicant shall install the required lights prior to receiving any mooring decals.

 

          (f)  An applicant may submit a written request for a waiver of the lighting requirement along with the mooring field permit application.  A waiver shall be granted if the director or his designee determines that the mooring field will not be a threat to navigation or safety hazard, if the mooring field is not equipped with lights.

 

Source.  #4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.09); ss by #6005, eff 3-24-95; amd by #6092, eff 9-19-95; paragraphs (a), (b), (d) and subparagraphs (c)(1) EXPIRED: 3-24-95; amd by #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 403.08); ss by #10293, eff 3-20-13

 

          Saf-C 408.12  Mooring Permit.

 

          (a)  Upon approval of a mooring permit application, the division shall issue a mooring permit to the applicant.

 

          (b)  The permit shall include:

 

(1)  The address of the shorefront property where the mooring(s) are located;

 

(2)  The date the mooring permit was approved;

 

(3)  A statement that the mooring permit shall not be transferred to any other person or location by gift, sale, lease or rent; and

 

(4)  Any  conditions attached to the mooring permit, such as but not limited to:

 

a.  Whether orange buoys with non-strobe flashing orange lights shall be required to establish the perimeter of the mooring field;

 

b.  The maximum number of moorings allowed at the specified shorefront property;

 

c.  That boats be required to be tied bow and stern;

 

d.  The removal of a line extending from the dock to the mooring;

 

e.  A final court ruling, if litigation occurred regarding the mooring permit;

 

f.  The specific location requirements of the placement of the mooring(s); and

 

g.  The maximum boat size that may be attached to the mooring.

 

Source.  #4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.10); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #8172, eff 9-21-04 (from Saf-C 408.09); ss by 9731, eff 6-24-10); ss by #10293, eff 3-20-13

 

          Saf-C 408.13  Decal Issuance and Placement.

 

          (a)  Upon approval of a mooring, an applicant, operator or contact person, or his or her designee, shall submit an initial decal fee of $125.00 to the division for each mooring decal.

 

          (b)  The decal shall be affixed to the mooring buoy above the water line, to ensure visibility.  The mooring buoy shall be kept clean enough so that the decal is apparent.

 

          (c)  If a mooring decal is lost, destroyed or removed from the mooring buoy, the applicant, operator or contact person, or his or her designee, shall notify the division in writing and request a replacement.  The division shall charge a fee of $25 for replacement of each decal.

 

          (d)  All decals shall be valid until December 31 of the year in which the decal was issued by the division.  The applicant, operator or contact person, or his or her designee shall renew a mooring decal, prior to the use of the mooring in the following year.

 

          (e)  In order to renew a decal, an applicant, operator or contact person, or his or her designee shall submit the following to the division on or with the decal renewal form:

 

(1)  Any changes to the name, address, telephone number or cellular telephone number of the applicant, operator or contact person or his or her designee;

 

(2)  For individual, special exception and public mooring decals, the annual renewal fee of $25 for each decal;

 

(3)  For congregate mooring decals, the annual renewal fee of $50.00 for each decal;

 

(4)  A copy of the current boat registration for each approved mooring requested; and

 

(5)  A statement that orange buoys with non-strobe flashing orange lights have been installed, if required.

 

          (f)  Upon receipt of the completed form and fee(s), the division shall issue a decal for each approved mooring. The division shall return to the applicant, operator or contact person, or his or her designee any incomplete form and accompanying fees along with an explanation.

 

Source.  #4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.11); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 408.10); ss by #9731, eff 6-24-10; ss by #10293, eff 3-20-13

 

          Saf-C 408.14  Special Exception.

 

          (a)  No more than one mooring shall be placed adjacent to shorefront property unless a special exception for 2-4 moorings has been granted.

 

          (b)  A person shall request a special exception by completing a mooring permit application on form DSSS 18 as set forth in Saf-C 408.06(b) for the total number of moorings, along with a detailed explanation of the reason(s) why additional moorings are necessary.

 

          (c)  Upon receipt of a request for a special exception, the director or his designee shall review the information submitted by the applicant and approve or reject the special exception based upon the criteria set forth in Saf-C 408.09.

 

Source.  #4384, eff 3-10-88, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.12); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 408.11); ss by #10293, eff 3-20-13

 

          Saf-C 408.15  Procedure for Designating Mooring Areas and Mooring Fields.

 

          (a)  Mooring fields shall be established following an application for a mooring field permit.

 

          (b)  In addition to RSA 270:67 and 270:68, the following factors shall be applied in determining whether a location might be suitable for a mooring area or mooring field:

 

(1)  Adequate water depth;

 

(2)  Adequate support facilities, including but not limited to:

 

a.  Access to a public highway;

 

b.  Access to a mooring field or area;

 

c.  Whether dinghy docking is available;

 

d.  Availability of water taxi service;

 

e.  Public restroom facilities;

 

f.  Sanitary waste disposal facilities;

 

g.  Holding tank pumping out facilities; and

 

h.  Number of available parking spaces;

 

(3)  Whether a mooring area or mooring field might present an unreasonable adverse effect on the environment, including:

 

a.  Water quality;

 

b.  Wildlife habitats; or

 

c.  Natural areas; and

 

(4)  Whether a mooring area or mooring field, in a particular location, shall unreasonably interfere with recreational uses of the water adjacent to the land.

 

Source.  #4384, eff 3-10-88, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.13); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 408.12); ss by #10293, eff 3-20-13

 

          Saf-C 408.16  Notice and Hearing.

 

          (a)  Pursuant to RSA 270:67, after the division has located a site that might be suitable for a mooring area or mooring field, the division shall notify the adjacent municipality or municipalities of the proposed site and request a response from the municipality or municipalities concerning whether the proposed mooring area or mooring field presents any potential conflict regarding use of the land adjacent to the location of the proposed mooring field or mooring area.

 

          (b) The municipality's response requested in (a) above, may be based upon the following considerations:

 

(1)  Master plans;

 

(2)  Zoning ordinances;

 

(3)  Capital improvement programs; and

 

(4)  Wetlands conservation district ordinances.

 

          (c)  Upon receipt of the municipality’s response requested in (a) above, the division shall schedule a public hearing regarding the site proposal.

 

          (d)  Notice of any public hearing shall be provided to the town or city clerk of each municipality determined by the division to be affected by the proposed mooring field, at least 10 days prior to the hearing.  The town or city clerk shall be requested to publicly post such notice.

 

          (e)  The citizens of the municipality or municipalities in which a mooring area or mooring field might be located shall have 10 days from the date of the hearing to send comments to the division.  Any comments that are received shall be considered before a final decision is made.

 

          (f)  The division shall provide notice of any public hearing to all abutters listed on the mooring field application.  In addition, all abutters shall receive copies of the department's recommendations and the date and time when the mooring field proposal shall be considered by governor and council.  All notices shall be provided to abutters 10 days prior to the public hearing or governor and council meeting.

 

          (g)  If there is a determination that a field investigation is necessary to clarify an application for a mooring field permit, the director or his designee shall visit an applicant's property.

 

Source.  #4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.14); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 408.13); ss by #10293, eff 3-20-13

 

          Saf-C 408.17  Public Mooring Fields.

 

          (a)  Unless a waiver is granted pursuant to Saf-C 408.18(d), 50 percent of the total number of moorings within a public mooring field shall not be used for a term longer than 30 days.

 

          (b)  A public mooring field shall:

 

(1)  Have at least one designated public access;

 

(2)  Not have a membership requirement; and

 

(3)  Have an operator.

 

Source.  #4384, eff 3-10-88, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.15); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04 (from Saf-C 408.14); ss by #10293, eff 3-20-13

 

          Saf-C 408.18  Public Mooring Field Operators.

 

          (a)  All public mooring fields shall have an operator.  The operator shall provide the department with an emergency telephone number where a person who is responsible for the mooring field can be reached at all times.

 

          (b)  Operators of public mooring fields may include:

 

(1)  Government entities;

 

(2)  Corporations; or

 

(3)  Other persons.

 

          (c)  The operator shall:

 

(1)  Be responsible for the overall maintenance of the mooring field to ensure that the moorings are kept in good condition;

 

(2)  Assign available moorings to the public as requests for moorings are received; and

 

(3)  Maintain records that indicate:

 

a. The person to whom the mooring has been assigned, including his/her address and telephone number;

 

b.  Fees charged for use of the mooring;

 

c.  Length of time for which the mooring has been assigned, which shall include the date the mooring was issued;

 

d.  Type of boat attached to the mooring, including make and model; and

 

e.  Boat registration number, if required; and

 

(4)  Have the records available for inspection by the director or his /her agents during weekday working hours.

 

          (d)  An operator may request a waiver from the director if it appears that restricting 50 percent of the total number of available moorings for limited terms of use is an improper percentage. The operator's request for a waiver shall be in writing and shall include reasons for the waiver.

 

          (e)  Upon receipt of a request for a waiver pursuant to (d) above, the director shall grant a waiver if he finds the following:

 

(1)  There are other public mooring fields on the lake available for limited term use;

 

(2)  The average occupancy, based upon the records kept by the operator, indicates that the public's limited term use of the moorings is less than 50 percent;

 

(3)  There have not been complaints or any other testimony received from the public regarding the lack of availability of moorings; and

 

(4)  The tourist population demand for limited term use moorings is less than 50 percent.

 

          (f)  The director shall notify the operator, in writing, of his decision regarding the request for a waiver.

 

Source.  #8172, eff 9-21-04 (from Saf-C 408.15); ss by #10293, eff 3-20-13

 

          Saf-C 408.19  Congregate Mooring Field Operators.

 

          (a)  All congregate mooring fields shall have an operator.  The operator shall provide the department with an emergency telephone number where a person who is responsible for the mooring field can be reached at all times.

 

          (b)  The operator shall:

 

(1)  Be responsible for the overall maintenance of the mooring field to ensure that the moorings are kept in good condition;

 

(2)  Assign moorings to members of the homogenous use group;

 

(3)  Maintain records that:

 

a.  Indicate the person to whom the mooring has been assigned;

 

b.  Include a legible copy of the boat registration for each boat assigned to a mooring in the field; and

 

c.  Indicate fees charged for use of the mooring; and

 

(4)  Have the records available for inspection by the director or his agents during weekday working hours.

 

          (c)  Operators of congregate mooring fields may include:

 

(1)  Government entities;

 

(2)  Corporations; or

 

(3)  Other persons.

 

          (d)  Fees charged pursuant to (b)(3)c. above, shall not exceed the reasonable cost of installing the mooring and the required maintenance.

 

Source.  #8172, eff 9-21-04 (from Saf-C 408.16); ss by #10293, eff 3-20-13

 

          Saf-C 408.20  Removal of Moorings.  The commissioner shall remove or cause the removal of any mooring, when authorized pursuant to RSA 270:66, I.

 

Source.  #8172, eff 9-21-04 (from Saf-C 408.17); ss by #10293, eff 3-20-13

 

PART Saf-C 409  MOTOR BOAT USE HEARINGS

 

          Saf-C 409.01  Request for Hearing.

 

          (a)  A group of petitioners made up of 25 or more residents or property owners of each affected town or towns in which the subject body of water is located, an association having not less than 25 members who are residents or property owners of each affected town or towns in which the subject body of water is located, or any governmental subdivision or agency may, pursuant to RSA 270:12, petition the commissioner for a hearing to determine whether a problem exists such that the public interest requires  the adoption of the following types of rules:

 

(1)  Governing the maximum horsepower of boat engines and outboard motors on all or any portion of the public waters of the state;

 

(2)  Prescribing maximum speed limits for the operation of boats on all or any portion of the public waters of the state; or

 

(3)  Prohibiting the use of motor boats and outboard motors on public waters having an area of 35 acres or less, except on any body of water covered by RSA 270.

 

          (b)  Pursuant to RSA 270:12, this section shall not apply to those bodies of water covered by RSA 270:75-109.

 

          (c)  The department shall not accept a petition to repeal a rule adopted as a result of the granting of a petition for at least one year following the effective date of the petition.

 

          (d)  When the petition seeks the establishment of a no-wake zone, the petition shall be accompanied by a listing of names and addresses of the abutters within 300 feet of the proposed zone, together with a statement certifying that all such abutters have been notified of the petition by certified mail, return receipt requested, and have been provided copies of the petition.

 

Source.  #4214, eff 1-22-87, ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95; amd by #7534, eff 7-25-01; paragraphs (a) & (b) EXPIRED: 3-24-03; amd by #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 409.02  Scheduling of Hearing.  The commissioner shall schedule a hearing within a reasonable period of time, but in no event more than 60 calendar days after the date the request for a hearing is received. The commissioner shall provide at least 7 calendar days advance notice of the hearing.  The hearing shall be held in a town in which the body of water under consideration is located, or in a contiguous town.

 

Source.  #4214, eff 1-22-87, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 409.03  Conduct of Hearing.

 

          (a)  The commissioner shall conduct the hearing as follows:

 

(1)  The commissioner shall explain the purpose of the hearing, including:

 

a.  The request made by the petitioners; and

 

b.  The commissioner's authority pursuant to RSA 270:12 to adopt rules regarding operating restrictions;

 

(2)  The commissioner shall state that written comments shall be accepted and considered.  The commissioner shall provide the address to which written comments may be sent and the date by which comments shall be received in order to be considered, which shall be at least 7 calendar days after the date of the hearing;

 

(3)  The commissioner shall request that all persons who wish to speak at the hearing print their name and address on a sign-up sheet provided by the commissioner.  This shall not prevent any person who arrives late from speaking if he or she desires;

 

(4)  The order in which persons speak shall be the same order in which their names appear on the sign-up sheet provided that persons who wish to speak out of order shall be allowed to do so unless there is an objection by another speaker; and

 

(5)  After all persons have spoken, the commissioner shall:

 

a.  Establish a date by which the commissioner shall make a determination on whether to adopt rules pursuant to RSA 270:12; and

 

b.  State the means by which interested persons shall be informed of the commissioner's determination.

 

Source.  #4214, eff 1-22-87, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 409.04  Criteria for Review.

 

          (a)  The commissioner shall, after the hearing, adopt rules of the type authorized by RSA 270:12 if it appears that, consistent with RSA 270:1, II, the rule shall provide for the safe and mutual enjoyment of a variety of uses, taking into consideration the factors in (b) below.

 

          (b)  In determining whether to adopt such rules the commissioner shall consider the following:

 

(1)  The size of the body of water or portion thereof for which action is being considered;

 

(2)  The effect that adopting or not adopting the rule(s) would have upon:

 

a.  Public safety;

 

b.  The maintenance of residential, recreational and scenic values;

 

c.  The variety of uses of the body of water or portion thereof;

 

d.  The environment and water quality; and

 

e.  Threatened and endangered species;

 

(3)  The number of people affected, either directly or indirectly, by adopting or not adopting the rule(s); and

 

(4)  The availability and practicality of enforcement of the rule(s).

 

Source.  #4214, eff 1-22-87, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

PART Saf-C 410  UNIFORM FINE SCHEDULE - BOATING VIOLATIONS

 

          Saf-C 410.01 Recommended Uniform Fine Schedule.  Pursuant to RSA 270:11, I(d), the recommended uniform fine schedule for boating violations is contained in Appendix II.

 

Source.  #4562, eff 1-3-89; ss by #5386, eff 4-29-92; amd by #5862, eff 7-1-94; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

PART Saf-C 411  PUBLIC HEARING PROCEDURES FOR REQUESTING PROHIBITION/RESTRICTIONS ON THE USE OF SKI CRAFT ON LAKES, PONDS, OR RIVERS

 

          Saf-C 411.01  Form of Petition.

 

          (a)  Any petition pursuant to RSA 270:74-a shall be in writing.

 

          (b)  A petition, pursuant to (a) above, shall contain the following:

 

(1)  The signatures of 10 or more residents or property owners in the town or towns where the subject lake, pond or river is located;

 

(2)  The printed or typed name, street, mailing address and telephone number of each of the petitioners;

 

(3)  The name and location of the lake, pond, or river for which the hearing is requested; and

 

(4)  The specific relief, either total closure or specific restrictions, being requested.

 

          (c)  Unless otherwise specifically stated by the petitioners, the first named petitioner shall be the agent of the petitioners for all purposes relating to the petition and the hearing.

 

          (d)  The agent of the petitioners shall have the following responsibilities, including:

 

(1)  Providing information concerning the hearing to other residents or property owners in the town or towns where the lake, pond or river is located;

 

(2)  Assisting the department in locating a building where the public hearing may be held; and

 

(3)  Responding to press inquiries.

 

          (e)  All petitions pursuant to RSA 270:74-a shall be submitted to:

 

Bureau of Hearings

Department of Safety

33 Hazen Drive

Concord, New Hampshire 03305

 

          (f)  The commissioner shall accept amendments to the petition pursuant to RSA 270:74-a, when offered by the original petitioners.  Said amendments shall be accepted at any time prior to the close of any hearing held pursuant to RSA 270:74-a or extension thereof, unless the commissioner determines that the amendment enlarges the scope of the hearing.  If an amendment to a petition enlarges the scope of the hearing, the scheduled hearing shall be completed, a decision shall be issued and a new hearing shall be scheduled on the amended petition, if evidence has been submitted that justifies another hearing.

 

Source.  #4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 411.02  Scheduling of Hearings.

 

          (a)  Upon receipt of a petition pursuant to RSA 270:74-a and these rules, the commissioner shall review said petition for compliance with these rules.  If the commissioner determines that the petition is in compliance with these rules he or she shall, as soon as practicable, schedule a public hearing pursuant to RSA 270:74-a.  If said petition is determined to be incomplete, he or she shall promptly return said petition to the first named petitioner, along with a statement as to the corrective action necessary to be in compliance with these rules.

 

          (b)  In scheduling a hearing pursuant to these rules, the commissioner shall give preference to those lakes, ponds or rivers set forth in 1989, 409:3.

 

          (c)  For the purpose of these rules, “preference”, as it pertains to the scheduling of public hearings, means as follows:

 

(1)  If 2 or more petitions are received by the bureau of hearings at the same time, the petitions shall be reviewed by the commissioner to determine if any petition pertains to a lake, pond or river set forth in 1989, 409:3; and

 

(2)  If one of the petitions pertains to a lake, pond or river set forth in 1989, 409:3, it shall be scheduled for a public hearing before a petition for a lake, pond or river not set forth in 1989, 409:3, is considered.

 

          (d)  In scheduling a hearing pursuant to these rules, the commissioner shall, as far as is practicable, conduct said hearing in or near a town where the subject lake, pond or river is located.

 

          (e)  Any hearing scheduled pursuant to these rules shall, as far as is practicable, be conducted at a time that is convenient to members of the public.

 

Source.  #4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 411.03  Notice of Hearing.

 

          (a)  The commissioner shall mail a notice of hearing to the first named petitioner who signed the petition pursuant to RSA 270:74-a. The first named petitioner shall notify the other named petitioners and the town or city clerk(s) of any town or city where the lake, pond or river is located. If the first named petitioner wishes to submit a report to the commissioner, he or she shall do so prior to or at the scheduled public hearing.

 

          (b)  The commissioner shall inform the general public of any hearing to be held pursuant to RSA 270:74-a. Such means shall include the distribution of press releases to print and electronic media.

 

          (c)  The notice of hearing required in (a) above shall, absent unusual circumstances, be mailed no later than 10 calendar days prior to the date of the hearing.

 

          (d)  For the purposes of (c) above, “unusual circumstances” shall include but not be limited to:

 

(1)  A specific feature of a lake, pond or river that requires an immediate response;

 

(2)  An immediate safety hazard; or

 

(3)  Receipt of multiple petitions for a lake, pond or river in which one hearing would be sufficient for all petitioners.

 

Source.  #4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 411.04  Conduct of Hearings.

 

          (a)  All hearings shall be held pursuant to RSA 270:74-a and these rules.

 

          (b)  Each person who wishes to speak at a public hearing held pursuant to RSA 270:74-a shall state his or her full name and address before making comments.  Each person who wishes to speak at a public hearing shall print their name and address on a form provided by the commissioner in order to be recognized to speak.

 

          (c)  The commissioner shall:

 

(1)  Limit the length of any public hearing held pursuant to RSA 270:74-a;

 

(2)  Limit the time allocated to any speaker if doing so would allow testimony from as many persons as is practicable; and

 

(3)  Limit or prohibit any repetitive, redundant, irrelevant, profane or vulgar testimony.

 

          (d)  All comments presented at any public hearing held pursuant to RSA 270:74-a shall be relevant to the factors  set forth in RSA 270:74-a, III(a)-(g).  The petitioner's standard of proof shall be by a preponderance of evidence.

 

          (e)  The commissioner shall accept written comments in lieu of or in addition to oral testimony.  The record of any hearing held pursuant to RSA 270:74-a shall be held open for 5 calendar days subsequent to the hearing in order to accept written comments.  Written comments shall be forwarded to:

 

Bureau of Hearings

Department of Safety

33 Hazen Drive

Concord, New Hampshire 03305

 

          (f)  Any marine patrol officer of the division shall, upon the request of the commissioner, give technical and/or factual information pertaining, but not limited to the following:

 

(1)  Size of lake, pond or river, in acres;

 

(2)  Number of complaints concerning ski craft and the particular lake, pond or river;

 

(3)  Traffic on the particular lake, pond or river;

 

(4)  Average water depth;

 

(5)  Number of reported accidents; and

 

(6)  Number of citations/violations issued on the particular lake, pond or river.

 

Source.  #4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

 

New.  #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

 

New.  #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

 

          Saf-C 411.05  Decision.

 

          (a)  The commissioner shall issue a decision within 30 days after the completion of the hearing held pursuant to RSA 270:74-a.