justicedao/ipfs_state_laws huggingface dataset:
250-010-0075 Boating Safety/Education Assistance Program (1) The Board is authorized by ORS 830.110 (1), (4), (7), and (8) to carry out the provisions of boating safety education. The Boating Safety/Education Assistance Program provides funds for new, unique or innovative ideas or programs to promote safe boating and increase youth involvement in recreational boating. (2) The Board may adopt policies, guidelines and procedure manuals to implement these rules. Assistance funds will be provided only to participants who meet eligibility guidelines. The Program process is competitive in nature. Applications are reviewed and evaluated on the basis of applicant’s eligibility, project feasibility, merit and effectiveness and the proposal’s compatibility with goals, needs and priorities of the Board. (3) Applications will be accepted from nonprofit corporations or organizations. The application will be submitted to the Agency as described in the “Let’s Go Boating” Assistance Program Manual. (A) Following Marine Board staff consideration, the applicant will be advised in writing of the Marine Board Director’s or designee’s decision. If the application is denied, Marine Board staff will provide specific notice indicating the reasons. (B) Upon application approval, Marine Board staff will award a written contract stipulating project specifications and expectations. The recipient must sign and return the contract to the Agency within forty-five (45) days or award may be rescinded. (4) An annual allotment of funds is available each biennial period as prescribed by the Board Proposals requesting more than the amounts prescribed may be considered on a case-by-case basis based on available funds. (A) Only items approved by the Marine Board Director or designee and identified in the scope of work from the recipient’s finalized contract’s itemized cost estimates or amendments are eligible for funding. Eligible project costs are those identified specifically with and charged directly to a particular scope item. (B) In determining approval, Marine Board staff will give priority to those applicants providing their program or services free to the general public. (C) Applications for funding are accepted, reviewed and considered on an annual basis set by the Board. Applicants should contact the Agency for program application deadlines and availability of funds. (D) The Board requires projects or programs to be completed within the timeframe set by the Board. Under extraordinary circumstances, the Marine Board Director or designee may authorize project extensions up to ninety (90) days. (5) Each approved project must clearly acknowledge the use of Marine Board funds. This will be done as appropriate in print or by sign. Statutory/Other Authority: ORS 830.110 History: OSMB 2-2008, f. 4-11-08, cert. ef. 5-1-08 OSMB 14-2007(Temp), f. & cert. ef. 12-10-07 thru 5-31-08
250-010-0085 Capacity Plates This rule applies to monohull boats less than 20 feet in length, except sailboats, canoes, kayaks, inflatable boats, and other boats exempted by the U.S. Coast Guard. Each boat must display a capacity plate which shall meet the following specifications: (1) The information relating to maximum capacity required to appear thereon shall be determined in accordance with methods and formulas recognized by the United States Coast Guard, as published in 33 CFR 183.23. (2) The plate shall be of a form and size prescribed by 33 CFR 183.25. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: MB 13-1997, f. & cert. ef. 12-5-97 MB 38, f. 1-18-68
250-010-0095 Application for Marine Events (1) For the purpose of this rule the term Marine Event includes Regattas, Boat Races, Marine Parades, Tournaments or Exhibitions which are organized boating water events of limited duration conducted according to a prearranged schedule. Predicted log races, cruises and/or other marine events conducted by individual groups, which do not introduce extra or unusual water safety hazards are exempted from the provisions of this rule. (2) An individual or organization planning to sponsor or conduct a marine event which, by its nature, circumstances or location, will introduce extra or unusual hazards to water safety on waters of this state, shall submit a completed application to the State Marine Board at least 30 days prior to the event. Examples of conditions which are deemed to introduce extra or unusual hazards include, but are not limited to: an inherently hazardous competition, the customary presence of commercial or pleasure craft in the area, any obstruction to navigation which may result, and/or the expected accumulation of spectators or spectator craft. A completed application contains the signatures of the federal, state and/or local agencies specified on the application. (3) The sponsor shall submit an advance copy of the application as soon as the event date(s) and location(s) have been determined by the sponsor. This copy will be without endorsements and serves to reserve the date(s) and location(s) until the completed application is received. Marine Event date(s) and location(s) are reserved on a first come, first serve basis. (4) If the sponsoring organization is requesting Coast Guard Auxiliary assistance a “Request for Coast Guard Auxiliary Safety Patrol Services” application shall be completed and filed with the Marine Board after the sponsoring organization has made arrangements with the local Coast Guard flotilla. (5) The agency shall authorize or deny the permit and so notify the sponsor and other interested agencies. (6) The agency, in authorizing an event, may condition the authorization subject to meeting certain requirements as specified by responsible federal, state or local agencies. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.375 History: MB 7-1982, f. 10-13-82, ef. 10-15-82
250-010-0110 Investigation of Incidents (1) The operator of any boat involved in an incident resulting in an injury that requires medical treatment beyond first aid or death to any person shall within 48 hours forward a complete written report of such incident to the Board on a State Marine Board Recreational Boating Incident Report Form. (2) Incidents involving damage to a boat and other property or equipment damage that amounts to $2,000 or more or results in the complete loss of a boat must be reported within ten days. Forms may be obtained from the State Marine Board or the local sheriff. (3) Upon receipt of an incident report indicating the death, disappearance, or injury of any person as the result of the incident, the Director of the Board or their designee may investigate the incident and prepare an incident report which will be for the confidential use of administrative and enforcement agencies only. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.475 History: OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023 OSMB 9-2001, f. & cert. ef. 10-29-01 MB 3-1991, f. & cert. ef. 10-15-91 MB 1-1990, f. & cert. ef. 1-23-90 MB 2-1989, f. & cert. ef. 7-6-89 MB 7-1983, f. 11-29-83, ef. 12-1-83 MB 8, f. 6-30-61
250-010-0121 Mufflers (1) The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled at all times in accordance with ORS 830.260. The term “effectively muffled” shall mean the exhaust system contains a mechanical device or appliance, designed, constructed and so used as to reduce the exhaust noise emissions of a motorboat below the maximum noise levels established in section (2) of this rule. Such device or appliance must be integral to the motorboats’ exhaust system. Water muffling systems which meet this standard are those which incorporate a marine exhaust manifold. (2) A person shall operate a motorboat on the waters of this state in such a manner that does not exceed the following noise levels: (a) For engines manufactured before January 1, 1993, a maximum noise level of 90 dBA when subjected to a stationary test as prescribed by SAE J-2005_199112; (b) For engines manufactured after January 1, 1993, a maximum noise level of 88 dBA when subjected to a stationary test as prescribed by SAE J-2005_199112; (c) A maximum noise level of 84 dBA measured as specified in the shoreline sound level measurement procedure for recreational motorboats J1970_201102. (3) This regulation shall not apply to motor-boats competing, under a permit issued by the State Marine Board pursuant to ORS 830.375 or a United States Coast Guard permit, in a regatta, a boat race, or while on official trials for speed records during the time and in a designated area authorized by the permit; and those boats testing in areas designated by the State Marine Board pursuant to ORS 830.350. [Publications: Publications referenced are available to view at the Oregon State Marine Board.] Statutory/Other Authority: ORS 830.110 & ORS 830.250 Statutes/Other Implemented: ORS 830.260 History: OSMB 4-2018, amend filed 03/30/2018, effective 04/01/2018 MB 14-1992, f. & cert. ef. 11-24-92 MB 9-1981, f. & ef. 11-16-81 MB 2-1980, f. 4-23-80, ef. 5-1-80 MB 51, f. 5-3-73, ef. 5-15-73
250-010-0122 Carburetors (1) All gasoline engines, except outboard motors, must be equipped with an acceptable means of backfire flame control. Installations consisting of backfire flame arresters approved by the U.S. Coast Guard under 46 CFR Parts 25 and 58 are acceptable. (2) A Coast Guard Approved Flame Arrester bearing basic Approval Nos. 162.016 or 162.041 or engine air and fuel induction systems bearing basic Approval Nos. 162.015 or 162.042 may be continued in use as long as they are serviceable and in good condition. New installations or replacements must meet the applicable requirements of section (3) of this rule. (3) The following are acceptable means of backfire flame control for gasoline engines: (a) A backfire flame arrester complying with SAE J-1928 or UL 1111 and marked accordingly. The flame arrester must be suitably secured to the air intake with a flametight connection; (b) An engine air and fuel induction system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an acceptable backfire flame arrester. A gasoline engine utilizing an air and fuel induction system, and operated without an approved backfire flame arrester, must either include a reed valve assembly or be installed in accordance with SAE J-1928; (c) An arrangement of the carburetor or engine air induction system that will disperse any flames caused by engine backfire. The flames must be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. Flame dispersion may be achieved by attachments to the carburetor or location of the engine air induction system. All attachments shall be of metallic construction with flametight connections and firmly secured to withstand vibration, shock, and engine backfire. Such installations do not require formal approval and labeling, but must comply with this rule. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 830.110, 830.235 & 830.250 Statutes/Other Implemented: ORS 830.110 & 830.235 History: MB 15-1992, f. & cert. ef. 11-24-92 MB 52, f. 8-17-73, ef. 9-1-73
250-010-0150 Registration and Titling Requirement Exemptions (1) Undocumented vessels used exclusively for racing shall be exempt from the numbering and title requirements of ORS 830.770 and 830.810. (2) The Lightship Columbia shall be exempt from the numbering and titling requirements of ORS Chapter 830. (3) Federally documented commercial vessels are exempt from the numbering and title requirements of ORS 830.705, 830.710, 830.770, 830.780, 830.785, 830.795 to 830.805 and 830.830 to 830.870. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 & ORS 830.175 History: OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023 OSMB 5-2012, f. & cert. ef. 4-20-12 MB 10-1984, f. 8-13-84, ef. 8-14-84 MB 33, f. 3-30-67 MB 24, f. 3-13-64 MB 11, f. 11-14-61 MB 8, f. 6-30-61 MB 7, f. 8-19-60
250-010-0152 Use of Sirens Prohibited by Other Than Expressly Authorized Peace Officers Only law enforcement boats are allowed to use a siren on the waters over which this state has jurisdiction. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.035 History: MB 8, f. 6-30-61
250-010-0155 Fire Extinguishers (1) Every motorboat, except outboard motorboats less than 26 feet in length of open construction and boats powered solely by electrical power, shall carry on board, fully charged and in serviceable condition, the following hand portable marine approved fire extinguishers: (a) Motorboats with no fixed fire extinguishing system in the machinery space and which are: (A) Less than 26 feet in length — One extinguisher; (B) Twenty-six feet but less than 40 feet in length — Two extinguishers; (C) Forty feet or longer in length — Three extinguishers. (b) Motorboats with a fixed extinguishing system in the machinery space and which are: (A) Less than 26 feet — No hand portable extinguisher required; (B) Twenty-six feet or longer in length, but less than forty feet in length — One extinguisher; (C) Forty feet or longer in length — Two extinguishers. (2) The fire extinguishers required by this section are Class 5-B as described in Title 46, Code of Federal Regulation, 25.30, however, one Class 20-B described in that regulation may be substituted for two Class 5-B extinguishers. For the purposes of this rule, a fire extinguisher older than 12 years from its stamped date does not meet the requirements. (3) This rule does not apply to motorboats propelled by outboard motors while competing in any race previously arranged and announced or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race. Statutory/Other Authority: ORS 830.220 Statutes/Other Implemented: ORS 830.220 History: OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023 OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020 MB 17-1983, f. 11-29-83, ef. 12-1-83
250-010-0156 Sound Signaling Appliances (1) A vessel of less than 39 feet 4 inches (12 meters) must carry an efficient sound signaling appliance such as a bell, horn, or whistle. (2) A vessel of 39 feet 4 inches (12 meters) in length but less than 65 feet 6 inches (20 meters) must carry a whistle and a bell. The whistle and the bell shall comply with Title 33, Code of Federal Regulation 83.33. (3) This rule does not apply to motorboats propelled by outboard motors while competing in any race previously arranged and announced or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.230 History: OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023 MB 18-1983, f. 11-29-83, ef. 12-1-83
250-010-0160 Board Not to Approve Products of Manufacturers The Marine Board will not endorse or approve the products of any individual or firm. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: MB 5, f. 7-13-60
250-010-0164 Visual Distress Signals Vessels operating in ocean or coastal waters west of the line of demarcation, as described in the January 1, 2015, Title 33 Part 80 of the Code of Federal Regulations (CFR), are required to carry visual distress signals as defined in CFR Title 33 Part 175, effective January 1, 2015. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.245 & ORS 830.250 History: OSMB 3-2018, amend filed 02/13/2018, effective 03/01/2018 OSMB 2-2015, f. 4-29-15, cert. ef. 5-1-15
250-010-0166 Engine Cut-off Switches A person must use an engine cut-off switch link while operating a motorboat at a planing speed. This rule does not apply if: (1) The boat is not equipped with an engine cut-off switch, or (2) The main helm of the boat is installed within an enclosed cabin. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 History: OSMB 6-2023, adopt filed 12/21/2023, effective 12/22/2023
250-010-0201 Uniform Waterway Marking System; Definitions (1) "Buoy" is any device designed to float and to be held in a fixed position in a water area and which is used to convey an official message. (2) “Calm water buoy” is a buoy designed for use in lakes, reservoirs, or other waterbodies where currents are minimal. (3) "Display Area" is the area needed to display a waterway marker symbol such as a diamond, circle, or square. (4) “Fast water buoy” is a buoy designed for use in rivers, tidal areas, or other waterways where water currents exist. (5) “Information marker” is a waterway marker used to convey information to boat operators other than regulatory matters, such as warnings of dangers or obstructions to navigation or other information of an official nature which will contribute to the health, safety, and well-being of boaters. (6) “Mooring buoy” is a device that is permanently secured to the bottom of a body of water and to which a vessel may be secured when not underway. (7) “Regulatory marker” is a waterway marker used to alert boat operators to restrictions set in law including, but not limited to, boat exclusion areas and motor, horsepower, speed, or wake restrictions. (8) "Sign" is a device which is attached to another object such as a piling, buoy, pier, or the land itself which is used to convey an official message. (9) "Waterway Marker" is any device placed by the Marine Board, or by a political subdivision or person with the permission of the Marine Board, under the authority of ORS 830.110(13), designed to be placed in, or near water to convey an official message to a boat operator. The term "waterway marker" includes within its meaning the terms "buoy" and "sign” Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: Renumbered from 250-010-0175 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15 MB 19, f. 2-20-63
250-010-0206 Waterway Marker Permits Required and Exemptions (1) No person or political subdivision shall place or cause to be placed any waterway marker in, on, or over the waters of this state without a permit from the Marine Board after July 1, 2015. (2) Regulatory markers established before July 1, 2015, including markers deployed year-round and markers deployed seasonally, when supported by statute or rule, are exempt from the permit requirements of OAR 250-010-0215 to 250-010-0235 until the equipment is replaced. Existing regulatory markers that are not supported by statute or rule or that are an unreasonable hazard to navigation are subject to the removal provisions of 250-010-0235(4). (3) A Marine Board waterway marker permit does not relieve the applicant from obtaining other federal, state or local permits, licenses, or approval which may be required. (4) The permit requirements of OAR 250-010-0206 to 250-010-0235 shall not apply to: (a) The US Government or its agencies, nor to any aid to navigation, waterway marker, mooring buoy, or other similar device placed by the US Government or its agencies on federally navigable waterways; (b) Contracted law enforcement agencies placing markers purchased and owned by the Marine Board; (c) Persons or political subdivisions placing a special use device if the owner of the special use device applied for and received a special used device permit as specified in OAR 250-010-0097. (d) Persons or political subdivisions placing waterway markers used only during a marine event approved under OAR 250-010-0095. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
250-010-0215 Application for Waterway Marker Permit (1) Any person or political subdivision not exempted in OAR 250-010-0206(4), desiring to place a waterway marker shall apply for a permit from the Marine Board. (2) The information marker application and the regulatory marker application, provided by the Marine Board, must identify information on the type of device, a description of the location including maps sufficient to locate the planned placement of the device, any comments or reference to required permits from other waterway management agencies, and other information deemed necessary by the Board. (3) Persons or political subdivisions who have received permission from the US Army Corps of Engineers and the US Coast Guard to establish private aids to navigation pursuant to 33 CFR §66 prior to July 1, 2015 can submit a copy of the private aid to navigation approval in lieu of the form required in OAR 250-010-0215(2). (4) The agency will authorize or deny the permit within 30 days and so notify the sponsor and other interested agencies. (5) The applicant or other affected parties may appeal the decision of the agency to the Board. Requests for Board review must be in writing within 30 days of the agency’s decision on a permit. Any person aggrieved by a decision of the Board regarding the issuance or denial of a waterway marker permit is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS Chapter 183. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
250-010-0225 Waterway Marker Placement Conditions (1) After obtaining the requested waterway marker permit, the applicant must install, inspect, maintain, and remove the permitted marker at their own expense and as directed by the Marine Board. (2) All markers must comply with the characteristics and standards of OAR 250-010-0240 to 250-010-0275 and all permits issued pursuant to this chapter are subject to the following conditions (a) Placement of these markers must be as requested in the application. Any deviation will require the applicant to apply to have the permit amended. (b) The applicant must attach a Marine Board supplied coding device or permanently attach the permit number on the top of the marker. (c) All markers must be maintained in proper condition at all times. A discrepancy exists whenever a marker is not as described in the approved application or is destroyed, damaged, moved, or is otherwise unserviceable. (d) Authorization by the Marine Board for the placement of a marker does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it preclude the necessity of complying with any other federal, state or local laws or regulations. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: 830.110 History: OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
250-010-0230 Transfer of Ownership of Waterway Markers When any waterway marker(s) authorized under permit by the Marine Board, or the facility with which the marker(s) are associated, is sold or transferred, the Marine Board must be notified within 30 days. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: 830.110 History: OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15