Fire Extinguisher Violations 

Written By Unknown Author

The Hearing Office receives many cases each week involving alleged 

violations of the fire extinguishing equipment requirements. These 

cases typically involve the failure to have the required number of 

Coast Guard approved fire extinguishers on board because of the fire 

extinguisher/s’ unserviceability, insufficient charge, or complete 

absence.

Two cites cover the bulk of the violations: 46 CFR § 25.30-20 and 46 

CFR § 28.160. Note that although the first paragraph of 28.160 

makes the requirements of 46 CFR Part 25, Subpart 25.30, 

applicable to commercial fishing vessels, 28.160(b) is the actual 

charging cite for fishing vessels 65 feet or more in length. For 

commercial fishing vessels that are less than 65 feet in length and 

are missing the required number of fire extinguishers, use 46 CFR § 

25.30-20.

Oftentimes, however, charging units apply the wrong cites for such 

violations and, as a result, cases are returned, slowing the 

adjudication process. For example, we see cases in which parties are 

charged under 46 CFR 25.30-10(g), for having a fire extinguisher 

(without a pressure gauge) that has been determined to be 

unserviceable or empty. It is important to note however, that just 

because an empty or unserviceable fire extinguisher does not have a 

pressure gauge, it does not necessarily mean a violation of § 25.30-

10(g) has occurred. It is important to have a good understanding of 

the elements of this regulation to determine whether the cite applies 

to a particular case.
46 CFR § 25.30-10(g) states in part: “The use of dry chemical, stored 

pressure, fire extinguishers not fitted with pressure gauges or 

indicating devices, 

manufactured prior to January 1, 1965 may be permitted on 

motorboats and other vessels so long as such extinguishers are 

maintained in good and serviceable condition...” (Emphasis added). 

Obviously, in order for a violation to have occurred under this cite, 

there must be evidence to support that the particular fire 

extinguisher is not fitted with a pressure gauge or indicating device, 

and was manufactured prior to January 1, 1965.

46 CFR § 25.30-10(h) states: “The dry chemical, stored pressure fire 

extinguishers without pressure gauges or indicating devices 

manufactured after January 1, 1965, shall not labeled with the 

marine type labeled in § 162.028-4 of this title nor shall such 

extinguishers manufactured after January 1, 1965, be carried on 

board motorboats or other vessels as required equipment.” 

(Emphasis added.)

So, for cases where a required fire extinguisher with no pressure 

gauge or indicating device is found on board a vessel and it is 

determined to be empty or unserviceable, unless there is evidence to 

show the extinguisher was manufactured prior to January 1, 1965, 

the most appropriate cite to use would be 46 CFR § 25.30-20 or 46 

CFR § 28.160 depending on the vessel size. This is because the vessel 

failed to have the required number Coast Guard approved fire 

extinguishers on board.

Here’s the K.N.O.T.: Know the regulations and ensure the charged 

cite is appropriate to the alleged violation by verifying that the case 

file contains supporting evidence. Getting it right the first time will 

help avoid delays in the adjudication process.