§ 40 — Equipment

§ 40. Equipment. Equipment required herein shall be carried on every\nvessel except as otherwise provided, while underway, or at anchor with\nany person aboard, while on the navigable waters of the state and any\ntidewaters bordering on or lying within the boundaries of Nassau and\nSuffolk counties. Should the federal government adopt vessel equipment\nrequirements different from those contained in this section, the\ncommissioner shall be authorized to adopt rules and regulations\nsuperceding the vessel equipment requirements of this section to achieve\nconsistency with federal standards, and shall submit such proposed rules\nand regulations to the secretary of state in accordance with the state\nadministrative procedure act within thirty days of the adoption of\nfederal equipment requirements or submit a statement as to why such\nconforming changes are not being proposed.\n 1. Personal flotation devices.\n (a) Every pleasure vessel and every rowboat, canoe and kayak shall\nhave at least one wearable personal flotation device for each person on\nboard, which shall be of a type approved by the United States coast\nguard and shall be in good condition.\n (b) Pleasure vessels sixteen feet and greater in length shall carry at\nleast one type IV throwable personal flotation device which shall be of\na type approved by the United States coast guard and shall be in good\ncondition.\n (c) Every operator or person in charge or control of a pleasure\nvessel, rowboat or canoe, as described in paragraphs (a) and (b) of this\nsubdivision, shall be responsible for compliance with the provisions of\nthis subdivision.\n (d) No person shall operate a pleasure vessel of Class A, one, two or\nthree as classified and defined in subdivision one of section\nforty-three of this article or a rowboat, canoe or kayak nor shall the\nowner of such vessel while on board such vessel knowingly permit its\noperation, unless each person on such vessel under the age of twelve is\nwearing a securely fastened United States Coast Guard approved wearable\npersonal flotation device of an appropriate size when said vessel is\nunderway. The provisions of this paragraph shall not apply to any person\non such vessel under the age of twelve who is within a fully enclosed\ncabin.\n (e) No owner or operator of a pleasure vessel less than twenty-one\nfeet, including rowboats, canoes, and kayaks shall permit its operation,\nbetween November first and May first, unless each person on board such\nvessel is wearing a securely fastened United States Coast Guard approved\nwearable personal flotation device of an appropriate size when such\nvessel is underway.\n 2. Whistle. Every vessel and every rowboat, canoe and kayak shall be\nprovided with an efficient whistle. The word "whistle" shall mean any\nsound producing mechanical appliance, except sirens, capable of\nproducing a blast of two seconds or more in duration and of such\nstrength as to be heard plainly for a distance of at least one-half mile\nin still weather. A siren whistle may only be attached to a vessel\noperated by a police department, fire department or public utility\ncompany, and used only on emergency calls. On vessels less than\nthirty-nine feet in length, a mouth whistle capable of producing a blast\nof two seconds or more in duration, which can be heard for at least\none-half a mile, may be used.\n 3. Anchors. Every mechanically propelled vessel shall carry an anchor\nand cable of sufficient weight and strength to provide a safe anchorage\nfor such vessel. It shall be the duty of the master of such vessel to\nexercise reasonable care and caution and maritime skill in everything\nrelating to the safe anchorage of his vessel.\n 4. Carburetor backfire flame arresters. The carburetor of every\ngasoline engine installed in a mechanically propelled vessel after April\ntwenty-five, nineteen hundred forty, except outboard motors, shall be\nfitted with a United States coast guard approved device for arresting\nbackfire.\n 5. Classification of fire extinguishers. Hand portable fire\nextinguishers capable of extinguishing gasoline, oil or grease fires\nshall be classified as prescribed and approved by the commissioner.\n 6. Fire extinguishers required. (a) Every mechanically propelled\nvessel as classified and defined by subdivision one of section\nforty-three of this article, except outboard motor boats less than\ntwenty-six feet in length, of open construction, shall carry United\nStates coast guard approved fire extinguishers in accordance with the\nfollowing:\n Class A motor boats shall carry one 5-B fire extinguisher.\n Class 1 motor boats shall carry one 5-B fire extinguisher.\n Class 2 motor boats shall carry two 5-B fire extinguishers.\n Class 3 motor boats shall carry three 5-B fire extinguishers.\n Class 4 motor boats shall carry fire extinguishers and other fire\nfighting equipment as required by the federal navigation law and rules\nand regulations made by the United States coast guard for uninspected\nvessels.\n (b) One class 20-B fire extinguisher may be substituted for two class\n5-B fire extinguishers.\n (c) When the engine compartment of the motor boat is equipped with a\nfixed fire extinguishing system of a United States coast guard approved\ntype, one less class 5-B fire extinguisher is required.\n (d) No fire extinguishers of the toxic vaporizing liquid type,\nincluding those containing carbon tetrachloride and chlorobromomethane\nextinguishing agents shall be approved by the commissioner.\n (e) Disposable fire extinguishers are considered expired twelve years\nafter their date of manufacture. Expired or previously used fire\nextinguishers do not meet the requirements of paragraph (a) of this\nsubdivision.\n 7. Visual distress signals. Every vessel of sixteen feet or more,\nregardless of the distance of the vessel from shore, shall carry, to be\ndisplayed and used whenever such vessel is in need of assistance, the\nnumber and type of visual distress signals that are required by the\nUnited States coast guard for operation on waters under federal\njurisdiction. Such devices shall be in serviceable condition and readily\naccessible on board the vessel and the service life, if marked upon the\ndevice, shall not have expired. The provisions of this subdivision shall\nnot apply to open sailboats under twenty-six feet in length that are not\nequipped with mechanical power or vessels participating in an organized\nmarine event for which a permit has been granted by the commissioner\npursuant to section thirty-four of this chapter, or by the United States\ncoast guard. All vessels shall carry visual distress signals suitable\nfor night use between sunset and sunrise. At all times the provisions of\nthis subdivision shall not apply to vessels engaged in commerce and\nhaving a valid marine document issued by the United States or a foreign\ngovernment.\n 8. Ventilation. All mechanically propelled vessels, the construction\nor decking over of which is commenced after April twenty-fifth nineteen\nhundred forty, and which uses fuel having a flash point of one hundred\nten degrees fahrenheit or less shall have at least two ventilators\nfitted with cowls or their equivalent for the purpose of properly and\nefficiently ventilating the bilges of every engine and fuel tank\ncompartment in order to remove any inflammable or explosive gases. Such\nmechanically propelled vessels so constructed as to have the greater\nportion of the bilges under the engine and fuel tanks open and exposed\nto the natural atmosphere at all times need not be required to be fitted\nwith such ventilators.\n 9. Motor boats of greater than thirty-nine feet in length shall carry\na bell.\n 10. Any violation of the provisions of this section, or of a rule or\nregulation adopted pursuant to this section, shall constitute a\nviolation punishable by a fine of not less than twenty-five nor more\nthan one hundred dollars.\n 11. The provisions of this section shall not apply to vessels\ncompeting in duly authorized regattas and trials preceding such\nregattas.\n 12. Any person or business which, in the regular course of business,\nsells, offers for sale, leases or offers for lease new or used vessels\nor outboard motors to the general public shall, upon the sale or lease\nof any vessel or outboard motor, provide the purchaser with a list of\nrequired equipment as set forth in this section and any rule or\nregulation promulgated pursuant to this section.\n 13. The operator of a vessel under twenty-six feet in length equipped\nwith an engine cut-off switch shall use the engine cut-off switch when\nthe vessel is operating on plane or above displacement speed. The use of\nan engine cut-off switch shall not be required when the operator is in a\nfully enclosed cabin.\n