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
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
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
(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)
(c)
(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)
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
(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)
(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
(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
(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
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)
(5)
(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
(9) Orchard Cove, on the east side of
(10) The entire area known as Buzzell Cove in the
town of
(11) Brickyard Cove, south of an imaginary line
running about 2,300 feet from the northern tip of
(12) The entire area known as Black Cove, in the
town of
(13) The entire area known as East Cove in the
town of
(14) The entire area known as Advent Cove in the
town of
(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
(1) Along the eastern shore beginning at Owl's
Nest Point, running northeast to a point off
(2) Along the front of the John Hay National
Wildlife Refuge in the town of
(3) In the area 2,000 feet north northeast of
(c)
Rafting, as defined in RSA 270:42, V, shall be prohibited within the
entire area known as Camp Starfish Cove, on
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
(a)
The following rafting restriction shall apply to that portion of
(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
(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
(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.
(b)
The commissioner’s decision shall be in writing and shall set forth with
particularity the reasons for granting or denying the requested relief, along
with the information in the record that provides factual support for that
reasoning.
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 411.06 Motion for Rehearing.
(a)
Any person aggrieved by a decision regarding any lake, pond or river may
file a motion for rehearing within 30 days from the date of issuance of the
decision, setting forth every perceived error or omission set forth in the
decision. The filing of a motion for
rehearing shall be necessary in order to obtain judicial review of a decision
pursuant to RSA 270:74-a, VI and RSA 541:6.
(b)
A motion for rehearing shall be submitted to the bureau of hearings. The
petitioner shall also serve copies of the motion for rehearing upon all persons
who provided written or oral comments at the hearing. Any person served a copy
of a motion for rehearing shall have 10 calendar days to file an objection to
the motion with the bureau of hearings.
(c)
Upon receipt of a motion for rehearing and any objection thereto, the
commissioner shall review the entire record and decide whether the motion
should be granted in whole or in part. A motion for rehearing shall be granted
if it demonstrates that the agency’s decision is unlawful, unjust or
unreasonable.
(d)
Any person aggrieved by the decision may seek a further appeal pursuant
to RSA 541.
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
PART
Saf-C 412 PETITIONS TO REQUIRE PERMITS HEARINGS
Saf-C 412.01 Request for Hearing. Any group of 25 or more residents or property
owners of each affected town or town in which a lake, pond, or river is
located, pursuant to RSA 270:61-a, may petition the commissioner for a hearing
to determine whether the public interest requires the use of mooring permits.
Source. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09
Saf-C 412.02 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 he received the request.
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. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09
Saf-C 412.03 Conduct of Hearing.
(a)
The commissioner or his designee shall conduct the hearing as follows:
(1) The commissioner/designee shall explain the
purpose of the hearing, including:
a. The request made by the petitioners; and
b.
The commissioner's authority under RSA 270:61-a to make rules regarding the
requirement of mooring permits on the body of water;
(2) The commissioner/designee shall state that
written comments shall also be accepted and considered. The commissioner/designee 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. Such date shall be 7 calendar days
after the date of the hearing;
(3) The commissioner/designee shall request that
all persons who wish to speak at the hearing sign a sign-up sheet provided by
the commissioner/designee. This shall
not bar any late arrivals from speaking if they do desire;
(4) The order in which persons speak shall be the
same order in which their names appear on the sign-up sheet provided, however,
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 speakers have been heard, the
commissioner/designee shall:
a. Establish a date by which the commissioner shall
make a determination on whether to adopt rules pursuant to the authority
granted by RSA 270:61-a;
b. State the means by which interested persons
shall be informed of the commissioner's determination; and
c. Inform those present at the hearing that
another opportunity for public comment will be possible, under RSA 541-A, if
any rulemaking action is taken.
Source. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09
Saf-C 412.04 Criteria for Review.
(a)
The commissioner shall, after the hearing, adopt rules of the type
authorized by RSA 270:61-a if it appears that, consistent with RSA 270:61-a,
the public interest requires the use of mooring permits on the body of water.
(b)
In determining whether to adopt such rules the commissioner shall
consider the factors set forth in RSA 270:61-a.
Source. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09
PART
Saf-C 413 NAVIGATION SAFETY FUND - BOAT
SAFETY COURSE
Saf-C 413.01 Navigation Safety Fund. Any person convicted of violating a law or
rule as set forth in RSA 270:46-a, shall pay an administrative penalty of $200
to the department, which shall be in addition to any other penalty imposed.
Source. #4715, eff 12-5-89; 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; (See Revision
Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 412.01); ss by
#10293, eff 3-20-13
Saf-C 413.02 Boat Safety Course. Any person who pays the administrative penalty
set forth in Saf-C 412.01, and completes an approved boat safety course within
6 months of the date of conviction, shall receive a $200 refund from the
division.
Source. #4715, eff 12-5-89;
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; (See Revision
Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 412.02); ss by
#10293, eff 3-20-13
Saf-C
413.03 Refund Procedure.
(a)
A person shall be sent a blank certificate of course completion along
with the notice of the requirement for a $200 administrative penalty, pursuant
to RSA 270:46-a.
(b)
Any person who has completed an approved boat safety course within 6
months of the date of conviction, shall forward a certificate of course
completion issued by the course instructor along with a letter to the director.
(c)
The letter required by (b) above shall include the following
information:
(1) Name;
(2) Current mailing address;
(3) Name of organization that conducted the
course;
(4) Title of the course;
(5) Date the course was completed; and
(6) Date the person was notified by the state of
(d)
Upon receipt of the information set forth in (c) above, the division
shall send a check, in the amount of $200, to the person who was required to
pay the administrative penalty.
Source. #4715, eff 12-5-89; 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; (See Revision Note
#2 at chapter heading) renumbered by #9544 (formerly Saf-C 412.03); ss by
#10293, eff 3-20-13
PART
Saf-C 414 WATER EVENT AND SLALOM COURSE
PERMITS
Saf-C 414.01 Permits, When Necessary.
(a)
Pursuant to RSA 270-D:4, a person shall obtain a permit from the
commissioner to engage in the following activities:
(1) Waterski slalom;
(2) Waterski jump;
(3) Fishing tournament or derby;
(4) Waterski show;
(5) Boat races;
(6) Boat parade;
(7) Parasailing; or
(8) Other water event.
(b)
An application for a permit shall be obtained by calling the division at
(603) 293-0091 or in writing to the following:
Department
of Safety
Bureau
of Marine Patrol
Source. #5448, eff 8-24-92; 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. #8107, EMERGENCY, eff 6-22-04,
EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; (See Revision Note #2 at chapter
heading) renumbered by #9544 (formerly Saf-C 413.01); ss by #10293, eff 3-20-13
Saf-C 414.02 Water Event or Slalom Course Permit
Application.
(a) An applicant for a permit to conduct a water
event or slalom course shall provide the commissioner with the following:
(1) Name, address, date of birth, telephone
number and cellular telephone number, if available, of the applicant;
(2) The type of water event;
(3) The name of the water event, if applicable;
(4) The name of the public water on which the
water event will be conducted;
(5) The name of the town or city where the public
water is located;
(6) The date(s) the water event will be conducted;
(7) The start and end time of the water event
each day it is conducted;
(8) A brief description of the water event;
(9) The number of participants in the water
event;
(10) A map or sketch of the water event area,
including the direction "north" as a reference; and
(11) Signature of the applicant and date signed.
Source. #5448, eff 8-24-92; 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; (See Revision Note #2 at chapter
heading) renumbered by #9544 (formerly Saf-C 413.02); ss by #10293, eff 3-20-13
Saf-C
414.03 Permit Applications.
(a)
A completed permit application shall be mailed or hand-delivered to the
department of safety, marine patrol bureau,
(b)
An incomplete permit application shall be returned to the applicant, along
with a letter of explanation. The
applicant may resubmit the permit application once completed.
Source. #5448, eff 8-24-92; 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. #8107, EMERGENCY, eff
6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; (See Revision
Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 413.03); ss by
#10293, eff 3-20-13
Saf-C 414.04 Permit Application Approval.
(a)
Upon receipt of a permit application, the commissioner shall consider
the following when determining whether to approve or deny a permit:
(1) The size of the public water;
(2) Boating traffic volume;
(3) Type(s) of boating permitted on the public
water;
(4) Depth of the public water;
(5) Any underwater obstacles that present dangers
to participants in the water event;
(6) Swim areas, rafts and beaches located near
the proposed water event;
(7) Any speed or horsepower restrictions on the
public water;
(8) Any restrictions set forth in Saf-C 5100 or Saf-C 403 through Saf-C 408
regarding the ecology or environment of
the public water; and
(9) Accident statistics for the public water, if
any.
(b)
After considering the factors set forth in (a) above, the commissioner
shall approve the permit application if he determines that in doing so the
water event will not jeopardize:
(1) Public safety;
(2) The environment or water quality; or
(3) Threatened and endangered species.
(c)
Upon approval, the commissioner shall sign and date the permit
application and forward it to the applicant.
Source. #5448, eff 8-24-92;
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; (See Revision
Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C 413.04); ss by
#10293, eff 3-20-13
Saf-C 414.05 Permit Application Denial.
(a)
If a permit application is denied by the commissioner, he/she shall
notify the applicant, in writing, of the reason(s) for the denial.
Source. #5448, eff 8-24-92; 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; (See Revision Note #2 at chapter
heading) renumbered by #9544 (formerly Saf-C 413.05); ss by #10293, eff 3-20-13
PART Saf-C
415 RENTAL AGENT REGISTRATIONS
Saf-C 415.01 “Person” as used in this part, shall mean
“person” as defined in RSA 21:9.
Source. (See Revision Note #1 at chapter heading)
#9211, eff 7-21-08;
(See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C
414.01); ss by #12066, eff 12-19-16
Saf-C 415.02 Scope.
This part shall not apply to those motorboats that are included as part
of the rent or lease of real property.
Source. (See Revision Note #1 at chapter heading)
#9211, eff 7-21-08;
(See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C
414.02); ss by #12066, eff 12-19-16
Saf-C 415.03 Rental Agent Registration.
(a)
Pursuant to RSA 270-E:24, any person who rents or leases a motorboat to
another person shall first register as a rental agent with the department.
(b)
Rental agent registration shall be required on an annual basis.
Source. (See Revision Note #1 at chapter heading)
#9211, eff 7-21-08;
(See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C
414.03); ss by #12066, eff 12-19-16
Saf-C 415.04 Rental Agent Registration
Application/Permit Forms.
(a)
“Rental Agent Registration Application/Permit” forms, DSSS 114 effective
November 2016, may be obtained by
writing or calling the department of safety, division of state police, marine
patrol unit, 31 Dock Road, Gilford, NH
03249-7627, (603) 293-2037.
(b)
An applicant shall submit the completed “Rental Agent Registration
Application/Permit” form, DSSS 114, effective November 2016, and the
registration fee to the division of safety services.
(c)
An incomplete registration application shall be returned to the
applicant with a letter of explanation.
Source. (See Revision Note #1 at chapter heading)
#9211, eff 7-21-08;
(See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C
414.04); ss by #12066, eff 12-19-16
Saf-C 415.05 Rental Agent Safety Certificate.
(a)
Upon receipt of a completed registration application and payment of the
fee, the division shall issue to the rental agent its rental agent safety
certificate.
(b)
A rental agent safety certificate shall expire on December 31 of the
year in which it is issued.
Source. (See Revision Note #1 at chapter heading)
#9211, eff 7-21-08;
(See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C
414.05); ss by #12066, eff 12-19-16
Saf-C 415.06 Revocation of Rental Agent Safety
Certificate.
(a)
The commissioner shall revoke a rental agent safety certificate, after
notice and an opportunity for a hearing, upon a finding that a rental agent
has:
(1) Rented or leased a motorboat to any other
person without complying with the requirements of RSA 270-D:2-c;
(2) Rented or leased a motorboat to any person
who has not provided proof to the rental agent of having met the requirements
of RSA 270-D:10; or
(3) Rented or leased a motorboat that is unsafe
to any other person.
(b)
For the purposes of (a)(3) above, there shall be a rebuttable
presumption that a rented or leased motorboat is unsafe if it fails to comply
with applicable laws or rules, including part Saf-C 403 of this chapter.
(c)
All hearings shall be held pursuant to the procedures set forth in Saf-C
202.
Source. (See Revision Note #1 at chapter heading)
#9211, eff 7-21-08;
(See Revision Note #2 at chapter heading) renumbered by #9544 (formerly Saf-C
414.06); ss by #12066, eff 12-19-16
PART
Saf-C 416 ASSISTED LAKE PROTECTION
Saf-C 416.01 Purpose.
(a)
The purpose of Saf-C 416 is to fulfill the department’s obligations
pursuant to RSA 270:1, including:
(1) Protection of public safety and property;
(2)
Supervision of the safety of navigation
and aids to navigation;
(3)
Maintenance of residential, recreational, and scenic values which New Hampshire
public waters provide to residents of the state;
(4) Promotion of the state’s tourist industry;
(5) Consideration of the special uses appropriate
to the state’s lakes;
(6) Protection of the environment and water
quality; and
(7) Protection and nurturing of the state’s
threatened and endangered species.
(b)
It is the intent of Saf-C 416 to provide the department with an
additional means for fulfilling its obligations as stated in RSA 270:1, and its
obligations under RSA 270:11, I(b) to monitor the operation of boats used on
the public waters of the state.
Source. #7322, eff 7-25-00; (See Revision Note #1 at chapter heading)
renumbered by #9211 (formerly Saf-C 414.01); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.01); ss by #12432, eff 12-11-17
Saf-C 416.02 Petition for Assisted Lake Protection.
(a)
Any lakes association with 25 or more members, or group of 25 or more
residents or property owners in a town or towns in which a lake is located, may
petition the commissioner to designate that lake for assisted protection,
including an order specifying how the petitioners or the lake association which
they represent may, consistent with applicable law, assist the department in
the department’s efforts to regulate the operation of boats on the subject lake
as specified in Saf-C 416.08.
(b)
Petitions shall be submitted to the commissioner, NH Department of
Safety, 33 Hazen Drive, Concord, NH, 03305.
(c)
The petition shall include the following:
(1) The signatures of 25 residents or property
owners in the town or towns in which the lake is located;
(2) The printed or typed name, address, and
telephone number of each of the petitioners;
(3) The name and location of the lake which is
the subject of the petition, a detailed map of the lake and, if available, a
navigational chart of the lake;
(4) A statement of how the petitioners propose to
assist the department, consistent with applicable law, in the department’s
efforts to enforce the provisions of law and departmental rules identified in
Saf-C 416.08, including:
a. A statement specifying the reasons that the
petitioners believe that the purposes of RSA 270 would be served by the
proposal set forth in the petition; and
b. A discussion of the criteria in Saf-C 416.07
that the commissioner should consider when determining whether to designate the
lake as subject to assisted lake protection;
(5) A statement of how petitioners will support
assisted lake protection, stating with particularity, the following:
a. The names and addresses of the adult
volunteers who will support assisted lake protection, and the manner in which
they will do so, either as:
i. Volunteer members of the marine patrol
auxiliary appointed by the commissioner in the manner permitted by RSA
270:12-c;
ii. Private volunteers, either as members of a
lakes association or otherwise, trained pursuant to the training program for
volunteer members of lakes associations and other interested persons, as
described in Saf-C 416.09(c) and Saf-C 416.10; or
iii. Or through some other means or capacity
specified in the petition;
b.
The equipment or other resources that the petitioners will provide to support
assisted lake protection, including a description of the communications
equipment to be provided for use in communicating with the marine patrol or
auxiliary marine patrol;
c.
The education and training that the petitioners, other volunteers named in the
petition, or designated members of the petitioners’ lake association are
willing to engage in order to provide volunteer assistance if the lake is
designated for assisted protection, including a description the number of such
individuals who have committed to be trained as volunteer members of the marine
patrol auxiliary or to become certified as trained volunteers through the
training program described in Saf-C 416.09(c) and Saf-C 416.10 ; and
d. Any other means by which petitioners will
support assisted lake protection;
(6) 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
(7) The petitioner designated in (6) above, shall
perform the following duties, if requested to do so by the commissioner or
designee:
a. Provide residents or property owners in the
town or towns where the lake is located with information concerning the
petition;
b. Assist the commissioner or designee in
locating a building where a public hearing can be held; and
c. Act as public relations contact with regard
to the petition, including responding to press inquiries concerning the
petition, after consultation with the department.
Source. #7322, eff 7-25-00; (See Revision Note #1 at
chapter heading) renumbered by #9211 (formerly Saf-C 414.02); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.02); ss by #12432, eff 12-11-17
Saf-C 416.03 Scheduling of Hearings.
(a)
Not later than 30 days after the receipt of a petition pursuant to these
rules, the commissioner or a designee shall review the petition for compliance
with these rules.
(b)
If the commissioner or designee determines that the petition complies
with these rules, the petition shall be accepted.
(c)
If the commissioner or designee determines that the petition is not in
compliance with these rules, it shall be returned to the first named
petitioner, along with a statement as to the corrective action required for
compliance with these rules.
(d) The commissioner or designee shall
schedule a public hearing to occur not later than 30 days after acceptance of a
petition, unless the commissioner determines that the action requested by the
petition requires compliance with RSA 270:12, in which case the hearing shall
be scheduled and noticed in a manner that complies with RSA 270:12.
(e)
The public hearing shall be held in a town in which the lake is located.
Source. #7322, eff 7-25-00; (See Revision Note #1 at
chapter heading) renumbered by #9211 (formerly Saf-C 414.03); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.03); ss by #12432, eff 12-11-17
Saf-C 416.04 Notice of Hearings.
(a)
The department’s notice of hearing shall include the following
information:
(1) The date and time of the hearing;
(2) The location of the hearing;
(3) The name of the lake being considered for
designation; and
(4) A statement that the purpose of the hearing
is to determine whether the lake should be designated under these rules for
assisted lake protection.
(b)
The commissioner or designee shall forward notice of any public hearing
under these rules to:
(1) The petitioners designated by Saf-C
416.02(c)(6) and (7);
(2) The town or city clerk for any town or city
in which the lake is located; and
(3) The person who submitted a petition that was
granted, if the hearing is to determine whether the grant of the original
petition should be repealed.
(c)
The commissioner or designee shall inform the general public of the
hearing by:
(1) Publishing notice in a paper of statewide
circulation; and
(2) Issuing press releases to print and
electronic media.
(d)
The notices and press releases required by this rule shall be mailed no
later than 10 days prior to the date of the hearing.
Source. #7322, eff 7-25-00; (See Revision Note #1 at
chapter heading) renumbered by #9211 (formerly Saf-C 414.04); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.04); ss by #12432, eff 12-11-17
Saf-C 416.05 Conduct of Hearings.
(a)
At the hearing, the commissioner or designee shall explain the purpose
of the hearing, including the request made by the petitioners.
(b)
The commissioner or designee shall notify attendees how to submit
written comments as specified in Saf-C 416.05(g).
(c)
The commissioner or designee shall instruct all persons who wish to
speak at the hearing to print their name and address on a sign-up sheet
provided by the commissioner or designee, and that the order of speakers shall
be the same order in which names are printed on the sign-up sheet.
(d)
Each person testifying at a hearing shall begin his or her testimony by
stating his or her full name and address.
(e)
After all speakers have been heard, the commissioner or designee shall
state:
(1) The anticipated date by which the
commissioner shall make a decision on the petition that is the subject of the
hearing, not later than 30 days after the completion of the hearing; and
(2) The means by which interested persons shall
be informed of the commissioner’s decision.
(f)
Subject to the laws governing the department, the commissioner or
designee shall:
(1) Limit the length of any hearing;
(2) Limit the time allocated to any witness if
doing so would facilitate hearing testimony from as great a number of persons
as is practicable; and
(3) Limit or prohibit testimony if the testimony
becomes repetitive, redundant, irrelevant, profane, or vulgar.
(g)
The commissioner or designee shall accept written testimony in lieu of
or in addition to oral testimony. For
the purposes of accepting written testimony, the record of any hearing shall be
held open for 7 days subsequent to said hearing.
(h)
Written testimony submitted subsequent to the hearing shall be forwarded
to the:
Commissioner
Department
of Safety
33
Hazen Drive
Concord,
New Hampshire, 03305, or
Source. #7322, eff 7-25-00; (See Revision Note #1 at
chapter heading) renumbered by #9211 (formerly Saf-C 414.05); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.05); ss by #12432, eff 12-11-17
Saf-C 416.06 Decision.
(a)
The commissioner shall issue a decision on a petition, based on the
commissioner’s consideration of the criteria set forth in Saf-C 416.07, within
60 days after the completion of the hearing held pursuant to these rules.
(b)
The decision regarding any petition pursuant to these rules shall be in
writing and shall include findings of fact and rulings of law.
Source. #7322, eff 7-25-00; (See Revision Note #1 at
chapter heading) renumbered by #9211 (formerly Saf-C 414.06); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.06); ss by #12432, eff 12-11-17
Saf-C 416.07 Criteria for Evaluating a Petition.
(a)
A petition shall be granted if the commissioner determines, after reviewing
the factors in (b), that the petition is in the public interest and fulfills
the purpose of law as specified by RSA 270:1.
(b)
The commissioner shall consider the following factors when determining
whether a petition is in the public interest:
(1) The type and amount of lake access;
(2) Public safety concerns of current lake users;
(3) The impact of granting the petition on:
a. Residential value;
b. Recreational value; and
c. Scenic value;
(4) How granting the petition could promote the
tourist industry;
(5) Water quality;
(6) Threatened and endangered species;
(7) The ability and willingness of petitioners,
the lake association represented by the petitioners, or others to support
assisted lake protection, based on the information set forth in the petition as
required by Saf-C 416.02(c)(5);
(8) Competing uses;
(9) Benefits for all users;
(10) Special uses appropriate to the lake;
(11) Protection of environment, shoreline, and wildlife;
(12) The size of the lake including surface area
and depth of water;
(13) Amount of waterborne traffic;
(14) The size and characteristics of the lake for
which the designation is being considered;
(15) The amount of enforcement activity including
complaints, warnings, summonses, and reported accidents; and
(16) Any other issues relevant to the use of the
lake.
Source. #7322, eff 7-25-00; (See Revision Note #1 at chapter
heading) renumbered by #9211 (formerly Saf-C 414.07); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.07); ss by #12432, eff 12-11-17
Saf-C 416.08 Effect of Designation for Assisted Lake Protection.
(a)
If the commissioner grants a petition to designate a lake for assisted
protection, the order granting the petition shall:
(1) Set the conditions under which the
commissioner is granting the petition based on the information provided by the
petitioners as specified in Saf-C 416.02(c);
(2) Specify the manner in which assisted
protection shall be implemented by the department;
(3) State which of the laws or department rules summarized
in Saf-C 416.08(d) below are to be addressed by the department as part of the
assisted protection order; and
(4) State the manner in which the petitioners and
other volunteers identified by the petitioners will be required or permitted to
assist the department in implementing assisted protection on the lake.
(b)
If the petitioners expressly request a hearing under RSA 270:12 as part
of their petition, and the request is duly noticed and conducted in the manner
required by RSA 270:12, the commissioner shall, if in compliance with Saf-C
409, as part of the order granting assisted lake protection, specify speed
limits, horse-power limits, and restrictions on water-skiing and tubing to
specified areas or particular time periods of the day.
(c)
The commissioner shall condition the granting of a petition on
petitioners doing one or more of the following, either individually or acting
through their lakes association(s):
(1) Providing a specified number of individuals
who will become volunteer members of the marine patrol auxiliary and provide
service in such capacity on the designated lake during time periods specified
by the commissioner;
(2) Providing a specified number of volunteers
who shall be certified under the training program specified in Saf-C 416.09(c)
prior to serving as a volunteer, and who either as part of a lakes association
or otherwise will agree to serve on the lake during periods specified by the
commissioner as a “courtesy patrol” or in some other volunteer capacity specified
by the commissioner;
(3) Providing such equipment, training and other
resources as the commissioner indicates is necessary to implement the volunteer
activities necessary to implement assisted lake protection;
(4) Requiring that volunteers certified under the
training program specified in Saf-C 416.09(c) and Saf-C 416.10 procure and wear
identifying clothing approved by the department when acting as volunteers on
the lake; or
(5) Requiring that, to the extent practical,
signs be posted at access points to the lake or other prominent locations
stating that the lake has been designated by the department for assisted
protection and indicating the extent to which volunteers will be available to
assist boaters on the lake.
(d)
The department’s order granting assisted lake protection shall indicate
that the department will implement assisted protection in order to fulfill its
obligations with respect to one or more of the following laws or rules:
(1) Those provisions of Saf-C 5100 regarding the waterbody
in question and that addresses motor boat operators exceeding “no wake” limits,
if any;
(2) Saf-C 403.05 regarding fire extinguishers;
(3) RSA 270-D:7 prohibiting the riding the
gunwale of a boat or straddling its bow or transom;
(4) Saf-C 403.07 regarding approved flame
arrestors;
(5) RSA 270-D:2, I regarding exceeding headway
speed under bridges;
(6) RSA 270-E:3 regarding unregistered boats on
state waters;
(7) RSA 270-D:2, regarding failure to yield
right-of-way;
(8) RSA 270:30 regarding persons under 16
operating a boat having greater than 25 horsepower;
(9) RSA 270:33 regarding the improper use of an
aquatherm;
(10) RSA 270:44 regarding rafting violations; RSA
270:11 and Saf-C 403.11 regarding motor boats improperly equipped with sound
reducing devices;
(11) RSA 270-E:8 and the provisions of Saf-C 2306
regarding the improper display of registration;
(12) RSA 270:26, III regarding attaching boats to
buoys or navigational aids;
(13) Saf-C 403.01 regarding required life
preservers;
(14) Saf-C 403.12 regarding required lighting on
boats;
(15) RSA 270-D:2, VI regarding unsafe passage at
less than 150 feet;
(16) RSA 270:31 regarding use of diving flag when
scuba diving;
(17) RSA 270:30-a regarding the transportation of
a child under the age of 5 in a boat without the child wearing a life
preserver;
(18) RSA 270-D:3 regarding water ski violations;
(19) RSA 270-D:5 regarding overloading;
(20) RSA 270:37 regarding noise level testing and
requirements;
(21) RSA 482-A:12 regarding construction projects
in wetlands without posted wetlands permit;
(22) RSA 163-B regarding depositing litter in
public waters; and
(23) RSA 270:29-a regarding the operation of a
motor boat in a careless or negligent manner, or in a manner that the lives and
safety of the public are endangered.
Source. #7322, eff 7-25-00; (See Revision Note #1 at
chapter heading) renumbered by #9211 (formerly Saf-C 414.08); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.08); ss by #12432, eff 12-11-17
Saf-C 416.09 Training and Activities of Volunteers.
(a)
In order to facilitate the implementation of assisted protection,
petitioners may offer to the department, as part of their petition as specified
in Saf-C 416.02(c)(5)a., volunteers trained and certified under Saf-C 416.09(c)
and Saf-C 416.10.
(b)
In addition, petitioners, if members of a non-profit entity which is
entitled to the limitations on liability provided to non-profit organizations
under RSA 508:17, shall take the steps required by RSA 508:17 to obtain such
limitations on liability for the benefit of their members who serve as
volunteers on the lake in connection with the assisted lake protection program
on a lake.
(c) A person, either individually, or as part of
a lake association, shall participate in a training course described in Saf-C 416.10,
for the purpose of receiving volunteer training to understand the requirements
of New Hampshire law with regard to navigational safety, safe boat operations,
boating equipment and safety, and environmental issues affecting lakes.
(d) The training course in (c), above, may be
provided directly by the department or through private courses offered by
private instructors approved by the commissioner as specified in Saf-C 416.10.
(e) A person shall be certified under this rule
prior to engaging in any assisted lake protection volunteer activities.
(f) Each person who completes the course offered
by the department or by a private instructor approved by the department shall
be issued a certificate of completion in the form specified in Saf-C 416.10.
(g) Such certified volunteers shall, to the
extent practical, inform the marine patrol or auxiliary marine patrol of the
times and dates that they plan to perform volunteer activities on a lake,
either by providing schedules to the marine patrol bureau or by informing the
marine bureau by telephone, radio, or otherwise that they are engaged in
volunteer activities.
(h) If a certified volunteer relays information
under Saf-C 416.09(l) to the marine patrol bureau, a marine patrol officer, or
member of the marine patrol auxiliary, the marine patrol bureau, marine patrol
officer, or member of the marine patrol auxiliary shall, as promptly as
possible, respond to the information provided by the certified volunteer, and
where appropriate provide assistance.
(i) Certified volunteers shall not stop, board,
or detain other vessels.
(j) If approached by other boaters who request
assistance, certified volunteers shall assist in contacting a marine patrol
officer or auxiliary marine patrol officer for guidance, if practical to do
so. If volunteers certified under the
training program described in (c) above are approached by a boat, they shall
identify themselves as having been so certified, and may offer to provide a
courtesy boating safety and education check.
(k) If an operator fails any such check, the
certified volunteers shall provide the operator with information concerning how
to learn more about boating operations and safety, including but not limited to
available written materials on navigational rules and boating safety, and
classes on navigation and boating safety.
(l) Such certified volunteers, when engaged in
volunteer activities on the lake, shall be trained to exercise discretion when
observing and relaying information to the marine patrol bureau, or available
marine patrol officers and auxiliary marine patrol officers concerning the
following:
(1)
Boating traffic conditions and any problems observed with regard to such
boating traffic conditions;
(2) All
violations, as outlined in the NH Boater's Guide, and any other boating
activities prohibited by New Hampshire law;
(3) Any missing navigational markers, light
buoys, and signs, upon becoming aware of their being missing;
(4) Any observed dumping
or pumping of gray water and human waste into public waters in violation of RSA
487:1 through 14, or other applicable law, as well as other forms of pollution
prohibited by law so that the marine patrol bureau can further investigate and
if necessary, report these violations to the appropriate agency;
(5) Any observed violations of New Hampshire law
pertaining to wildlife conservation so that the marine patrol bureau can
further investigate and if necessary, report these violations to the appropriate
agency; and
(6) The location of exotic weeds such as milfoil,
and spillage of petroleum, observation of such items in the water, and on boats
and trailers shall, where practical, be reported with boat bow numbers if
possible.
(m) Volunteers may also:
(1) Record and report to the marine patrol bureau
the accurate location of navigational aids using global positioning satellite
coordinates; and
(2) Distribute NH Boater’s Guides, boating
education information, or other safety and boating related materials.
(n) The “N.H. Boater’s Guide” referenced in
(l)(1) and (m)(2), above, means the publication provided by the department
pursuant to RSA 270-D:2-a and b, that is a compilation of safe boating
information including vessel registration, safety equipment, boating
regulation, navigational rules, and aquatic safety.
Source. #7322, eff 7-25-00; (See Revision Note #1 at
chapter heading) renumbered by #9211 (formerly Saf-C 414.09); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.09); ss by #12432, eff 12-11-17
Saf-C
416.10 Certification of Volunteers.
(a) Volunteers who wish to be certified by the
department shall complete the training program specified in this rule.
(b) At a minimum, training courses shall provide
instruction on the following topics:
(1) Safe boating practices, including boating
laws and rules;
(2) Required boat equipment;
(3) Navigational aids, including global positioning
satellite mapping techniques;
(4) Boat registration;
(5) Environmental and wildlife conservation
issues;
(6) Effective observation and communication
techniques;
(7) Public relations; and
(8) The role of the volunteer in the assisted lake
protection program.
(c) Any private entity may make application to
the commissioner for approval to provide volunteer training sessions by sending
the information in (d) below to the:
Commissioner
Department
of Safety
33
Hazen Drive
Concord,
NH 03305
(d) Applications pursuant to (c) above shall
include:
(1) The name, address, and phone number of the
applicant;
(2) An outline of the training curriculum, that
includes at a minimum the topics listed in (b), above;
(3) A description of the applicant’s previous
training experience, including relevant education and boating experience;
(4) The community in which the applicant plans to
provide training sessions; and
(5)
Signed by the private entity making application.
(e) The commissioner shall approve the
application if:
(1) The curriculum meets the criteria in (b); and
(2) The applicant has demonstrated training and a
minimum of 5 years of boating experience to effectively train volunteers.
(f) Upon complaint, the commissioner shall
rescind approval for the private entity if it is determined, after
investigation and an opportunity for a hearing, that the private entity is not
providing the training specified in (b).
(g) A person shall receive a certificate of completion
from the course provider, a copy of which shall be sent to the division of
safety services, marine patrol bureau, Dock Road, Glendale, NH 03247, by the
training provider.
(h) The certificate in (g) shall include the:
(1) Name of the person completing the training;
(2) Date of training; and
(3) Name of training provider.
Source. #7322, eff 7-25-00; (See Revision Note #1 at chapter
heading) renumbered by #9211 (formerly Saf-C 414.10); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.10); ss by #12432, eff 12-11-17
Saf-C
416.11 Removal of Enhanced Protection
Designation.
(a) Any decision granting a petition to designate
a lake for assisted lake protection under these rules shall be issued subject
to repeal if the commissioner determines that the petitioners have failed to
meet their commitment to support assisted lake protection in the manner set
forth in their petition.
(b) Any group of 25 or more residents or property
owners in a town or towns in which a lake is located may file a petition
requesting that the commissioner repeal a decision making assisted protection
provisions set forth in Saf-C 416.08 applicable to a lake.
(c) A petition pursuant to (b) above shall
include the following:
(1) The signatures of 25 residents or property
owners in the town or towns where the lake is located;
(2) The printed or typed name, address, and
telephone number of each of the petitioners;
(3) The name and location of the lake which is
the subject of the petition, a detailed map of the lake, and if available, a
navigational chart of the lake; and
(4) The petitioner’s reasons for requesting that
the decision to designate the lake subject to enhanced protection standards be
repealed.
(d) 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.
(e) After receiving the petition, the
commissioner shall:
(1) Schedule a hearing pursuant to the procedure
specified in Saf-C 416.03;
(2) Give notice of such hearing pursuant to the
procedure specified in Saf-C 416.04;
(3) Conduct the hearing pursuant to the procedure
specified in Saf-C 416.05; and
(4) Determine whether to grant or deny it
pursuant to the procedure specified in Saf-C 416.06.
(f) If the commissioner determines that the petition
to repeal the order designating the lake for assisted protection should be
granted, the commissioner shall give notice of the decision in the manner
specified in Saf-C 416.04.
(g) The commissioner shall grant the petition if
she or he determines, after receipt of public testimony, that the original
petitioners have failed to meet the requirements of the petition or the
purposes of the original petition have not been fulfilled.
(h) The commissioner shall not grant any petition
to repeal a decision under these rules unless it is filed more than one year
after the effective date of the rule, or more than one year after the
commissioner’s decision granting the petition that is the subject of the repeal
effort, or more than one year after the date of the last petition seeking to
repeal the decision.
Source. #7322, eff 7-25-00; (See Revision Note #1 at
chapter heading) renumbered by #9211 (formerly Saf-C 414.11); EXPIRED: 7-25-08
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 415.11); ss by #12432, eff 12-11-17
Saf-C
416.12 Squam Lake and Little Squam
Lake.
(a) There shall be an assisted lake protection
program for Squam Lake and Little Squam Lake.
(b) The Squam Lakes Association shall assist the
department in fulfilling its obligations on Squam Lake and Little Squam Lake
with regards to the enforcement of the following statutes and rules:
(1) Those provisions of Saf-C 5100, regarding the
specific waterbody in question, and that addresses motor boat operators
exceeding no wake limits, if any;
(2) RSA 270-D:2, I, regarding exceeding headway
speed under bridges;
(3) RSA 270-E:3, regarding unregistered boats;
(4) RSA 270:44 regarding rafting violations;
(5) Saf-C 403.11 regarding motor boats equipped
with sound reducing devices;
(6) RSA 270-E:8 and Saf-C 2306 regarding the
improper display of registration;
(7) Saf-C 403.01, regarding required life
preservers;
(8) Saf-C 403.12 regarding required lighting on
boats;
(9) RSA 270-D:2, VI regarding unsafe passage at
less than 150 feet;
(10) RSA 270:30-a regarding the transportation of
a child under the age of 5 in a boat without the child wearing a life
preserver;
(11) RSA 270-D:5 regarding overloading;
(12) RSA 163-B regarding depositing litter; and
(13) RSA 270:29-a regarding the operation of a
motor boat in a careless or negligent manner, or in a manner that the lives and
safety of the public are endangered.
(c) The manner in which assisted protection on
Squam Lake and Little Squam Lake shall be implemented as set forth in the order
of the department, dated January 29, 2001, as contained in Appendix I.
Source. #7798, eff 12-3-02;
(See Revision Note #1 at chapter
heading) renumbered by #9211 (formerly Saf-C
414.12);
(See Revision Note #2 at chapter heading) ss by #9544, eff 9-15-09 (formerly
Saf-C 415.12); ss by #12432, eff 12-11-17
PART
Saf-C 417 REFUSAL OF CONSENT - REPEALED
Saf-C
417.01 Authorized Agent or Peace
Office Report and Request for Hearing.
Source. #7286, eff 5-23-00; ss by #7534, eff 7-25-01;
(See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C
415.01 in Document #7534); EXPIRED 7-25-09
New. (See Revision Note #2 at chapter heading)
#9544, eff 9-15-09 (formerly Saf-C 416.01); rpld by #12432, eff 12-11-17
Saf-C
417.02 Review of Report.
Source. #7286, eff 5-23-00; ss by #7534, eff 7-25-01;
(See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C
415.02 in Document #7534); EXPIRED
7-25-09
New. (See Revision
Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.02); rpld by
#12432, eff 12-11-17
Saf-C
417.03 Scheduling of Hearing.
Source. #7286, eff 5-23-00; ss by #7534, eff 7-25-01;
(See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C
415.03 in Document #7534); EXPIRED 7-25-09
New. (See Revision
Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.03); rpld by
#12432, eff 12-11-17
Saf-C
417.04 Hearing.
Source. #7286, eff 5-23-00, EXPIRED: 5-23-08; (See
Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C
415.04)
New. (See Revision
Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.04); rpld by
#12432, eff 12-11-17
Saf-C
417.05 Decision.
Source. #7286, eff 5-23-00, EXPIRED:
5-23-08; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly
Saf-C 415.05)
New. (See Revision
Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.05); rpld by
#12432, eff 12-11-17
Saf-C
417.06 Report.
Source. #7286, eff 5-23-00, EXPIRED: 5-23-08; (See
Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C
415.06)
New. (See Revision
Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 416.06); rpld by
#12432, eff 12-11-17
APPENDIX I
DISPOSITION:
The Petition is granted. The Effect of
Designation for Assisted Lake Protection pursuant to Sat-C 416.08 follows:
Date: ___1/29/01____________________ ____________________________________________
Richard M. Flynn
Commissioner of Safety
Saf-C
416.08 The Effect of Designation for
Assisted
It is hereby ordered that the
Squam Lakes Association shall meet the conditions set forth within their
accepted petition and by this order and in accordance with Saf-C 416.02(c) and
shall remain until removal of such designation.
The Petitioners shall assist the goals of the Department of Safety in
educating the boaters who use
The manner in which assisted protection shall be
implemented by the department; shall be set forth below in agreement with Saf-C
416.08(a)(2). The departments order
granting assisted lake protection is summarized as a part of the assisted
protection order and as set forth in the purpose listed within Saf-C
416.01. The purpose of this part is to
fulfill the department's obligations pursuant to RSA 270:1, including:
(1) Protection of
public safety and property;
(2) Supervision
of the safety of navigation and aids to navigation;
(3) Maintenance
of residential, recreational and scenic values which
(4) Promotion of
the state's tourist industry;
(5) Consideration
of the special uses appropriate to the state's lakes;
(6) Protection of
the environment and water quality; and
(7) Protection
and nurturing of the state's threatened and endangered species.
The Squam Lakes Association shall provide the department
with an additional means for fulfilling its obligations as stated in RSA 270:1,
and its obligations under RSA 270:11, I(b) to monitor the operation, of boats
used on the public waters of the state, by providing a mechanism for responding
to citizen petitions to interact with the department, on a volunteer basis, as
part of a departmental plan to regulate the operation of boats on the lake that
is the subject of the petition. In
furtherance of this goal, in Saf-C 416.01(a) and Saf C 416.08 the department
paraphrases or refers to certain provisions of
RSA 270:11 and Saf-C 402 regarding motor boat operators
exceeding "no wake" limits;
RSA 270-D:2, I regarding exceeding headway speed under
bridges;
RSA 270-E:3 regarding unregistered boats on state
waters;
RSA 270,44 regarding rafting violations; RSA 270:11 and
Saf-C 403.11 regarding motor boats improperly equipped with sound reducing
devices;
RSA 270-E:8 and the provisions of Saf-C 2304 regarding
the improper display of registration
RSA 270:11 and Saf-C 403.01 regarding required life
preservers;
RSA 270:11 and Saf-C 403.12 regarding required lighting
on boats;
RSA 270-D: 2, VI regarding unsafe passage at less than
150 feet;
RSA 270:30-a regarding the transportation of a child
under the age of 5 in a boat without the child wearing a life preserver;
RSA 270-D: 5 regarding overloading;
RSA 163-B regarding depositing litter in public waters;
and
RSA 270:29-a regarding the operation of a motor boat in
a careless or negligent manner, or in a manner which unreasonably or
unnecessarily endangers life, wildlife, the environment, limb or property.
The volunteers, shall be certified under the training
program specified in Saf-C 416.09(c) prior to serving as a volunteer, and who
either as part of a lakes association or otherwise will agree to serve on the
lake during the periods specified.
The Squam Lakes Association shall provide such
equipment, training and other resources as the commissioner indicates is
necessary to implement the volunteer activities necessary to implement assisted
lake protection. As established within
the petition, each boat shall be equipped with a VHF radio equipped with the
proper frequency(s), and provide additionally two similarly equipped radios for
the two Marine Patrol Officers assigned to the lakes. The Department of Safety shall require
volunteer Marine Patrol Auxiliary members while on duty in such capacity to wear
a uniform, only as designated and provided by the Department of Safety. Any boat used by a volunteer Marine Patrol
Auxiliary member shall, while on duty, be equipped with a placard as designated
and provided by the Department of Safety to identify the boat employed.
The volunteer Marine Patrol Auxiliary members shall be
certified under the training program specified in Saf-C 416.09(c) and Saf-C
416.10. This shall be required prior to
acting as volunteers on the lake to understand the requirements of
The volunteer Marine Patrol Auxiliary members shall
assist the department at public boat launches and any other launch sites to the
extent practical assisting in courtesy boat inspections. Marine Patrol Auxiliary members shall not
stop any boat; understand there is no power of arrest and no ability implied
that a boat or the occupants may be detained.
The volunteer Marine Patrol Auxiliary members shall act
as the 'eyes and ears' of the Department of Safety for the purposes outlined
within the petition of the Squam Lakes Association and pursuant to the
provisions of RSA 270:1 and RSA 270:11.
This shall include speaking on the subject of boating safety to those
who show an interest; issue boating safety information as provided by the Squam
Lakes Association after approval by the Department of Safety or as provided by
the department; and, assist boaters who seek directions and other general
information.
The Squam Lakes Association, to the extent practical,
shall provide or assist in signs being posted.
The signs shall be located at access points to the lake or other
prominent locations. The department
prior to signs being posted shall approve the signs for content, size and
location. The sign(s) shall state that
the lake(s) have been designated by the department for assisted protection and
indicating the extent to which volunteers will be available to assist boaters
on the lake(s).
APPENDIX II
Recommended Uniform Fine Schedule.
(a)
Upon conviction, the following fines are recommended for the
corresponding violation:
(1) $55.00 fine for a conviction of violating:
a. RSA 270:11 and any provision in Saf-C 5100,
exceeding a "no wake" limit;
b.
RSA 270:11 and Saf-C 403.05, required
fire extinguisher(s);
c. RSA 270-D:7, riding gunwale/straddling bow;
d. RSA 270:11 and Saf-C 403.07, no approved
flame arrestor;
e. RSA 270-D:2,I, exceeding headway speed under
bridges;
f. RSA 270-E:3, unregistered boat on state
waters;
g. RSA 270-D:2,VIII, failure to yield
right-of-way;
h. RSA 270:30, person under 16 operating a boat
having greater than 25 horsepower;
i. RSA 270:33, improper use of aquatherm;
j. RSA 270:44, rafting violation;
k. RSA 270:11 and Saf-C 403.11, improperly
equipped with sound producing devices; or
l. RSA 270-E:8 and any provision in Saf-C 2304,
improper display of registration.
(2) $68.00 fine for a conviction of violating:
a. RSA 270:26,III, attaching boat to buoy or
navigational aid;
b. RSA 270:ll and Saf-C 403.01, insufficient
personal floatation devices;
c. RSA 270:11 and Saf-C 403.13, failure to
display proper lighting;
d. RSA 270-D:2,VI, passage at less than 150 feet;
e. RSA 270:31, diving without or improper
display of divers flag;
f. RSA 270:30-a, transporting child under 5 in a
boat without the child wearing a floatation device;
g. RSA 270-D:3, water ski violations;
h. RSA 270-D:5, overloading;
i. RSA 270:74, improper operation of jet ski; or
j. RSA 270:32-a, dive flag infringement.
(3) $85.00 fine for a conviction of violating:
a. RSA 270:37, V, operating boat after 7 days of
an order requiring noise level test;
b. RSA 270:37, VI, operating boat after having
failed a noise level test;
c. RSA 482-A:12, construction project in
wetlands without wetlands permit posted; or
d.
RSA 163-B:3, depositing litter in public waters.
(4) $60.00 fine for a conviction of violating RSA
270:11 and Saf-C 404.11, wake jumping.
APPENDIX III
|
RULE |
STATUTE |
|
Saf-C
401 |
RSA
541-A:7 |
|
Saf-C
402 (Moved to Saf-C 5102) |
|
|
Saf-C
403.01-403.21 |
RSA
270:11, I(a) |
|
Saf-C
403.22 |
RSA
270:11, I(a) & (b); RSA 270:12-d, I-III |
|
Saf-C
403.23 |
RSA
270:37-40 |
|
Saf-C
403.24 |
RSA
270:37 |
|
Saf-C
403.25 |
RSA
270:D:6 |
|
Saf-C
404.01-404.06 |
RSA
270:11, I(b) |
|
Saf-C
404.07 |
RSA
270-1-a, I and RSA 270:11, I(b) |
|
Saf-C
404.08 and Saf-C 404.09 |
RSA
270:11, I(a) and (b); RSA 270:26; RSA 270:43; RSA
541-A:19-b |
|
Saf-C
404.10- Saf-C 404.12 |
RSA
270:11, I(b) |
|
Saf-C
405.01- Saf-C 405.04 |
RSA
270:11, I(b) |
|
Saf-C
406 |
RSA
270:12-a, III |
|
Saf-C
407.01- Saf-C 407.02 |
RSA
270:11, I(a) and (b); RSA 270:43, I(a);
RSA 270:44 |
|
Saf-C
407.03 – Saf-C 407.04 |
RSA
270:43, I(a) |
|
Saf-C
407.03(a) intro. & (a)(7) |
RSA
270:43, I(a) & (b)(2) |
|
Saf-C
407.03(c) |
RSA
270:43, I(a) and (b)(2) |
|
Saf-C
408.01 |
RSA
270:61, I |
|
Saf-C
408.02 |
RSA
541-A:7 |
|
Saf-C
408.03 |
RSA
270:64, I |
|
Saf-C
408.04 - 408.05 & 408.06(a) |
RSA
270:61, I |
|
Saf-C
408.06 (b), 408.07 & 408.08 |
RSA
541-A:19-b |
|
Saf-C
408.09 - 408.10 |
RSA
270:66 |
|
Saf-C
408.11(a)-(b) & (e)-(f) |
RSA
270:71, I(g) |
|
Saf-C
408.11(c) |
RSA
541-A:7 |
|
Saf-C
408.12 & Saf-C 408.13 |
RSA
270:61; RSA 270:62; RSA 270:65, RSA 270:67, 68; RSA
270:71 |
|
Saf-C
408.14 |
RSA
270:65 |
|
Saf-C
408.15 |
RSA
270:67; RSA 270:68; RSA 270:71, I(f) and (h) |
|
Saf-C
408.16 |
RSA
270:67, I(a) & II(a) |
|
Saf-C
408.17 - 408.19 |
RSA
270:71, I(g) |
|
Saf-C
409.20 |
RSA
270:66, I |
|
Saf-C
409 |
RSA
541-A:16, I(b); RSA 270:12 |
|
Saf-C
410 |
RSA
270:11, I(d) |
|
Saf-C
411 |
RSA
270:74-a, I; RSA 541-A:19-b |
|
Saf-C
412 |
RSA
270:61-a |
|
Saf-C
413 |
RSA
270:46-a |
|
Saf-C
414.01 |
RSA
270-D:4 |
|
Saf-C
414.02 |
RSA
541-A:19-b |
|
Saf-C
414.03-414.05 |
RSA
270-D:4 |
|
Saf-C 415.01 and
415.02 |
RSA 541-A:7 |
|
Saf-C
415.03 – 415.05 |
RSA
270-E:24 |
|
Saf-C
415.06(a) – (b) |
RSA
270-E:25 & RSA 541-A:30 |
|
Saf-C
415.06(c) |
RSA
270-E:25 & RSA 541-A:16, I(b)(2) |
|
Saf-C
416 |
RSA
270:I; RSA 270:11; & RSA 270:12-a |