Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 2 - BOAT OPERATION › Section 13-231-45 - Vessel inspections

Current through June, 2024
(a) An inspection
					 conducted by an approved vessel inspector is deemed to meet the requirements of
					 the marine inspection required by section
					 200-13, Hawaii
					 Revised Statutes, and may be valid for a period of two years.
(b) Before a regular mooring permit is issued
					 or renewed, the vessel owner shall complete a satisfactory vessel inspection
					 conducted by an approved vessel inspector, or present a certificate not more
					 than two years old to the department at the owner's own expense, signed by an
					 approved marine surveyor certifying the surveyor has inspected the vessel and
					 considers it to fulfill the minimum requirements described in Exhibit "B"
					 located at the end of this chapter and incorporated herein, entitled "vessel
					 inspection report" and dated July 2012. The department reserves the right to
					 inspect any vessel to ensure that any deficiencies or omissions noted on a
					 marine inspection have been corrected prior to issuing a mooring permit. All
					 vessel owners shall also demonstrate to the department that their vessel is
					 capable of navigating beyond the confines of the harbor and returning under its
					 own power to its assigned mooring/berth prior to the mooring permit being
					 issued.
(c) Commercial vessels
					 carrying more than six passengers for hire are exempted from the provisions of
					 Subsections (a) and (b) when evidence of a current Coast Guard certificate of
					 inspection is presented.
(d) Owners
					 of vessels failing the vessel inspection shall have thirty days to correct
					 deficiencies and complete the inspection. Failure to do so will preclude
					 re-issuance of the use permit or be cause for rejection of the application for
					 mooring.
(e) The department may
					 extend the deadline for correction of deficiencies prescribed in subsection (d)
					 if the vessel owner presents conclusive evidence to the department that the
					 granting of additional time is reasonable and essential due to the necessity of
					 replacing essential parts and gear and that reasonable and diligent efforts by
					 the owner to secure the items necessary to repair the vessel or replacement of
					 parts is demonstrated, and further provided that any extension of time for
					 compliance shall not exceed sixty days.
(f) Owners of vessels that fail the vessel
					 inspection may contest the decision before an arbitration board as established
					 in section
					 200-13, Hawaii
					 Revised Statutes. The costs of the arbitration shall be borne by the vessel
					 owner if it is determined that the vessel does not meet the minimum
					 requirements to moor in a small boat harbor in accordance with these rules. No
					 additional time allowance for the correction of deficiencies will be granted
					 following arbitration and the vessel shall be removed from the harbor. The
					 costs of the arbitration shall be borne by the State if it is determined that
					 the vessel does meet minimum requirements.
(g) The fee for a vessel inspection conducted
					 by the department, pursuant to this section shall be as prescribed in section
					 13-234-29
					 provided that holders of commercial use permits and registration certificates
					 with proof of certification of inspection from the United States Coast Guard
					 shall be exempt from this requirement or state fees associated
					 therewith.
(h) A person who desires
					 to become an approved marine surveyor shall apply to the department upon a form
					 furnished by the department and pay the application fee prescribed in section
					 13-234-30.
(i) An application to become an approved
					 marine surveyor shall not be accepted by the department unless the applicant is
					 engaged wholly or partly in the business of performing marine surveys for gain
					 or compensation and the person's surveys are acceptable to at least one
					 insurance company or surety company authorized to do business in the State, and
					 is a member of a nationally recognized marine surveyor organization as approved
					 by the department.
(j) An approved
					 marine surveyor permit shall be valid for a period of three years from date of
					 issuance. The department reserves the right to revoke any approved marine
					 surveyor permit at any time prior to the expiration of the permit.
(k) A satisfactory vessel inspection shall
					 consist of the following:
(1) Presentation of
					 the vessel to be inspected at a place designated by the harbor agent;
(2) A demonstration that the vessel is
					 capable of being regularly navigated beyond the confines of the harbor or
					 mooring area and maneuvering into and out of the assigned berth;
(3) A finding that the vessel and all systems
					 are in good material and operating condition; and
(4) A finding that the reguirements described
					 in Exhibit B, entitled "vessel inspection report", dated July 2012, and located
					 at the end of this chapter, are met.
Applicable standards published by the U.S. Coast Guard
						and the American Boat and Yacht Council, Inc. (ABYC) shall be used in
						conducting the vessel inspection, and are adopted and incorporated herein by
						reference.