reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 12 - Temporary Modification or Closure of Public Waters to Boating › Section 12-3 - Temporary order by director

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-11-2-1; IC
				  14-15-7-3
Affected: IC 14-15
Sec. 3.
(a) The
				director may, by temporary order, modify or close public waters to boating if
				unusual conditions and hazards exist.
(b) A temporary order under subsection (a)
				may be issued to do any of the following:
(1)
				Close public waters to boating.
(2)
				Restrict boats to daytime operations.
(3) Prohibit the operation of
				motorboats.
(4) Limit boating to
				idle speed.
(5) Impose any other
				restriction appropriate under IC 14-15.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 12 - Temporary Modification or Closure of Public Waters to Boating › Section 12-4 - Public notification of temporary order

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-11-2-1; IC
				  14-15-7-3
Affected: IC 4-21.5-4; IC 14
Sec. 4.
The division shall make a reasonable and conscientious
				  effort to inform the public of a temporary order made under section 3 of this
				  rule. Notice shall include posting at places of entry to the public waters
				  affected, by notification to the media, and as is otherwise practicable to
				  persons who are required to comply with the order.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 12.5 - Boat Excise Tax › Section 12.5-1 - Excise tax decals

Current through July 10, 2024
Authority: IC
				  6-6-11-24
Affected: IC 6-6-11
Sec. 1.
If both excise tax decals that are required by IC
				  6-6-11-24(2)
[IC
				  6-6-11-24
				  was repealed by P.L. 164-2020,
				  SECTION
				  19, effective January 1, 2021.]
would not be clearly visible when a sailboat is underway, the taxpayer
				  may display the decals on the mast or boom if the decals are clearly visible in
				  both directions.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 13 - Equipment and Operational Standards on Waters of Concurrent Jurisdiction › Section 13-1 - Modification of equipment and operational standards on waters of concurrent jurisdiction; applicability

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-5
Affected: IC 14-15
Sec. 1.
This rule varies the equipment and operational standards
				  specified in IC 14-15 for waters of concurrent jurisdiction.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 13 - Equipment and Operational Standards on Waters of Concurrent Jurisdiction › Section 13-2 - Children wearing personal flotation devices on waters of concurrent jurisdiction

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-5
Affected: IC 14-15
Sec. 2.
A person must not use a recreational boat on waters of
				  concurrent jurisdiction unless each child onboard under thirteen (13) years of
				  age is wearing an appropriate personal flotation device approved by the United
				  States Coast Guard except where:
(1)
				the child is below deck;
(2) the
				child is in an enclosed cabin; or
(3) the boat is docked or at
				anchor.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 13 - Equipment and Operational Standards on Waters of Concurrent Jurisdiction › Section 13-3 - Firefighting equipment used on waters of concurrent jurisdiction

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-5
Affected: IC 14
Sec. 3.
(a) A person
				must not use a motorboat less than twenty-six (26) feet long unless at least
				one (1) B-1 hand portable fire extinguisher (no fixed system) is maintained in
				the machinery space. This subsection does not apply if the motorboat is as
				follows:
(1) Propelled by outboard
				motors.
(2) Not carrying passengers
				for hire.
(3) Constructed so
				explosive or flammable gases or vapors cannot be entrapped.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 13 - Equipment and Operational Standards on Waters of Concurrent Jurisdiction › Section 13-4 - Whistles, bells, and gongs on waters of concurrent jurisdiction

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-5
Affected: IC
				  14-15-3-21
Sec. 4.
(a) A boat
				less than twelve (12) meters long must be provided with a means for making an
				efficient sound signal.
(b) A boat
				at least twelve (12) meters long shall be provided with a whistle and a
				bell.
(c) A bell required under
				this section may be substituted by other equipment with the same sound
				characteristics if manual sounding is impracticable.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 13 - Equipment and Operational Standards on Waters of Concurrent Jurisdiction › Section 13-5 - Water skiing on the Ohio River

Current through July 10, 2024
Authority: IC
				  14-11-2-1; IC
				  14-15-7-5
Affected: IC
				  14-15-3-8; IC
				  14-15-3-20
Sec. 5.
(a) The
				following requirements apply to the portions of the Ohio River on which Indiana
				and Kentucky have concurrent jurisdiction:
(1)
				A person must not operate a boat while towing or otherwise assisting the
				propulsion of a person on water skis, a water sled, a surfboard, a kite, or a
				similar device during the period from one (1) hour after sunset to one (1) hour
				before sunrise. A person must not manipulate any of the devices described in
				this subdivision on the water from one (1) hour after sunset to one (1) hour
				before sunrise.
(2) A person being
				towed on water skis, a surfboard, a kite, or a similar device must wear a Type
				I personal flotation device, a Type II personal flotation device, or a Type III
				personal flotation device.
(3) A
				person operating a boat which is towing a person on water skis, a surfboard, or
				a similar device must have on-board either of the following:
(A) In addition to the operator, a person at
				least twelve (12) years of age to act as an observer.
(B) A rear view mirror with at least a one
				hundred sixty (160) degree wide angle field of vision mounted to enable the
				operator to observe any person being towed.
(4) A person operating a boat which is towing
				a kite or a similar airborne device must have on-board, in addition to the
				operator, a person at least twelve (12) years of age to act as an
				observer.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-1 - Boats carrying passengers for hire; application; delegation; exemptions; maintenance of equipment in a good and serviceable condition

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14-15
Sec. 1.
(a) This
				rule governs the inspection, maintenance, and operation of boats carrying
				passengers for hire upon public water.
(b) Except as provided in subsection (c), a
				person must not operate a boat carrying passengers for hire unless the person
				complies with IC 14-15 and this rule. These requirements apply to the operator
				and the owner, regardless of whether an operator or owner is onboard.
(c) A person who presents valid and current
				documentation to evidence a boat is regulated and inspected by the United
				States Coast Guard, and who is in conformance with the regulation and
				inspection, is exempted from this rule.
(d) The division director may authorize a
				qualified person, other than an employee of the department, to conduct an
				inspection or other function of the department under this rule.
(e) An owner must maintain all equipment
				associated with a boat carrying passengers for hire in a good and serviceable
				condition as determined by a marine inspector.
(f) Operations relating to a boat carrying
				passengers for hire must be performed by or on behalf of the owner according to
				good marine practice and standards.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-2 - Inspections of boats carrying passengers for hire

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC
				  14-15-6-3
Sec. 2.
(a) An owner
				must annually apply to the department for an inspection of any boat carrying
				passengers for hire. The application must be accompanied by a nonrefundable fee
				according to the schedule established by IC
				14-15-6-3.
(b) Upon receipt of the application, the
				department shall inspect the boat (and its equipment) to determine whether the
				boat conforms to good marine practice and standards, IC 14-15-6, and this rule.
				An inspection shall be conducted at least as frequently as follows:
(1) One (1) dockside inspection every
				year.
(2) One (1) drydock
				inspection every sixty (60) months.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-3 - Drydock inspections; shutoff valves for through-hull fittings

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 3.
(a) A boat
				must satisfy a drydock inspection conducted by a marine inspector before
				carrying passengers for hire. The department shall subsequently require
				successful completion of a drydock inspection at intervals not to exceed sixty
				(60) months.
(b) Before an
				inspection, the owner must remove or store each of the following:
(1) Fishing gear.
(2) Coolers.
(3) Personal belongings.
(4) Any other equipment that may impede the
				inspection process.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-4 - Main and auxiliary engines

Current through July 10, 2024
Authority: IC
				  14-11-2-1; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 4.
(a) A boat
				designed for inboard or inboard/outboard (stern drive) main engines must be
				fitted with the appropriate number of engines.
(b) The main engines must be an appropriate
				type and designed for the propulsion requirements of the hull in which the
				engines are installed and must be capable of operating at a constant marine
				load without exceeding design limitations.
(c) If a pump is used to supply raw water for
				cooling an engine and its systems, a self-priming pump that operates whenever
				the engine is running shall be used.
(d) If a main engine is fitted with an
				updraft or sidedraft carburetor, the carburetor must have integral or properly
				connected drip collectors of adequate capacity for the return of all drip and
				overflow to the engine intake manifold.
(e) The exhaust pipe system of a main engine
				must be as follows:
(1) Gastight to the hull
				interior.
(2) Designed and
				installed to prevent water from returning to an engine.
(3) Accessible for complete inspection and
				repair.
(4) Supported to prevent
				undue stress.
A hanger, bracket, or other support must be made of fireproof
				  material and installed to prevent heat from being transmitted to a combustible
				  material. A water jacket, lag, shield, or another suitable guard must be
				  provided to protect an individual or a combustible material from contact with
				  any hot surface.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-5.1 - Gasoline engines; ventilation

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 5.1.
(a) A boat
				that uses gasoline for electrical generation, mechanical power, or propulsion
				must be equipped with a ventilation system. Each system must meet the standards
				of 33 CFR Part 183, Subpart K (Ventilation), and as follows:
(1) A natural ventilation system must provide
				for a supply opening (duct or cowl) that is located:
(A) on the exterior surface of the
				boat;
(B) in a ventilated
				compartment; or
(C) in a
				compartment that is open to the atmosphere.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-6.1 - Diesel engines; ventilation

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 6.1.
Power or natural ventilation is not required for a boat
				  equipped with diesel engines but may be used to control compartment
				  temperature. Power ventilation may be used in the machinery space for odor
				  control or for personnel comfort while servicing equipment.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-7 - Fixed fuel tanks

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 7.
(a) A fixed
				fuel tank on a boat must be installed as follows:
(1) To permit examination with a minimum
				disturbance to the hull structure.
(2) With adequate support and bracing to
				prevent movement. The support and braces shall be insulated from contact with
				the tank surfaces with a nonabrasive and nonabsorbent material.
(3) With openings for fill and vent pipes and
				for fuel level gauges, where used, on the topmost surfaces of the tank.
Fuel supply lines shall have suitable support, a readily
				  accessible manually operated, in-line shutoff valve installed as close to the
				  fuel tank as practicable, and suitable protection from mechanical injury at
				  supports and where passing through bulkheads and structural members.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-8 - Portable fuel tanks

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 8.
(a) A boat
				with a portable fuel tank system must not carry fuel onboard unless the fuel is
				carried in an approved fuel tank.
(b) A portable fuel tank must be secured to
				prevent shifting while under way.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-9 - Electrical systems

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 9.
(a) An
				electrical system must:
(1) be properly
				grounded and safe for any anticipated usage; and
(2) satisfy 33 CFR 183, Subpart I.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-10 - Electrical equipment

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 10.
(a)
				Electrical equipment, appliances, and fixtures installed on a boat must be
				insulated from exposed metal parts by an electrical insulating material
				suitable for use in damp locations and must be properly connected to the
				electrical ground system of the boat. Electrical equipment, appliances, and
				fixtures installed or used in machinery spaces or where flammable vapors may be
				present shall be designed, enclosed, or protected to prevent ignition of the
				flammable vapors.
(b) Switches,
				circuit breakers, and fuse boxes or blocks on a boat must be either:
(1) approved by Underwriters Laboratories for
				marine use; or
(2) a type commonly
				manufactured for use on a boat.
The devices described in this subsection shall have suitable
				  protection against accidental shorting.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-11 - Bilge pumps and bailout devices

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 11.
(a) A boat
				constructed with bilges or enclosed spaces below the decks must be fitted with
				an adequate number and proper size of bilge pumps so that excess bilge water
				can be removed from the bilges at static floating position, and at maximum
				conditions created by the boat's motion, heel, and trim. Bilge areas must be
				accessible by a bilge pump.
(b) A
				bilge pump with automatic controls must be provided with a readily accessible
				manual switch to activate the pump.
(c) A pump with automatic controls must be
				provided with a visual indication that power is being supplied to the
				pump.
(d) A boat must be equipped
				with a bailing device that is manually operated. A bucket is not a manually
				operated bailing device for purposes of this section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-12 - Passenger capacity

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 12.
(a) The
				maximum passenger capacity on a boat is the greatest number that results from
				application of the following alternative formulae:
(1) For a boat that does not have a boat
				capacity plate, the following:
(A) One (1)
				passenger per thirty (30) inches of rail space available to passengers at the
				sides and across the transom of the boat.
(B) One (1) passenger for ten (10) square
				feet of deck available for passenger use. In computing deck area, the areas
				occupied by concession stands, toilets and washrooms, companionways, and
				stairways are excluded.
(C) One (1)
				passenger per eighteen (18) inches of width of fixed seating.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-13 - Repairs and alterations; reinspections

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 13.
(a) If a
				boat is involved in an accident resulting in damage, including grounding, or is
				to be hauled out and drydocked for major repairs or alterations affecting the
				seaworthiness of the boat, the owner must immediately report to the department
				the nature of the damage repairs or alterations. Damage does not include
				breakage of glass, lights, or decorative items.
(b) All repairs and alterations shall be
				approved in advance by the marine inspector. A marine inspector may require
				drawings, sketches, or written specifications.
(c) A boat must not be returned to service or
				returned to the water until all repairs or alterations are completed and the
				boat is reinspected and approved by a marine inspector. A marine inspector
				shall reinspect the boat as soon as practicable after being notified
				alterations are completed.
(d) If
				corrections or repairs to a boat or associated equipment result from an
				inspection by a marine inspector, the owner must notify the marine inspector
				before returning the boat to service or to the water. A marine inspector shall
				reinspect the boat as soon as practicable after being notified repairs are
				completed.
(e) A marine inspector
				shall require an owner to remove a boat from the water or to correct any
				equipment or condition that poses a safety hazard.
(f) The department shall deny the issuance of
				a certificate of inspection if a boat is determined to be unsafe to carry
				passengers for hire.
(g)
				Notification to the department is not required for general maintenance
				drydocking or hauling out.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-14 - Dockside inspections

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 14.
During a dockside inspection, the owner of a boat must do
				  both of the following:
(1) Submit all
				required safety apparatus for dockside inspection.
(2) Operate all machinery, steerage, and
				bilge pumps as needed to determine if they are in satisfactory condition and
				fit for safe and constant operation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-15 - Main engine gauges

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 15.
(a) On a
				boat designed for inboard or inboard/outboard (stern drive) main engines, the
				following gauges must be readable from each helm position:
(1) A gauge to indicate the main engine
				cooling water temperature for each main engine.
(2) A gauge to indicate the main engine
				lubrication oil pressure for each main engine.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-16 - Personal flotation devices (life preservers or life jackets)

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 16.
(a) If a
				marine inspector determines a personal flotation device (life preserver or life
				jacket) carried onboard a boat is not in good and serviceable condition, the
				marine inspector shall write on the personal flotation device that the device
				is no longer serviceable. The owner of a boat must immediately replace any
				nonserviceable personal flotation device or must reduce the number of
				passengers so as not to exceed the number of serviceable personal flotation
				devices.
(b) Each personal
				flotation device must be carried in a suitable location that is readily
				accessible to passengers.
(c) A
				container for personal flotation devices must be clearly marked "Life
				Preservers" or "Life Jackets" and must set forth the number of serviceable
				devices. Letters and numbers must be at least one (1) inch high and must be a
				color contrasting with the color of the container. The container shall indicate
				the size of the devices. Differing sizes must be separately stored.
(d) A personal flotation device on a
				documented boat must be marked with the name or documentation number of the
				boat in characters at least one (1) inch high that contrast with the color of
				the device.
(e) A personal
				flotation device on an undocumented boat must be marked with the name or
				registration number of the boat in characters at least one (1) inch high that
				contrast with the color of the device.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-17 - Fire extinguishers

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 17.
(a) A boat
				must be equipped with at least the minimum number of portable fire
				extinguishers located as follows:
Boat Length
No fixed systems
With approved fixed system
Less than 26 feet
1 B-I
0
26 feet to less than 40 feet
2 B-I or 1 B-II
1 B-I
40 feet to less than 65 feet
3 B-I or 1 B-II and 1 B-I
2 B-I or 1 B-II
65 feet to less than 90 feet
4 B-I or 2 B-II
3 B-I or 2 B-II
90 feet to less than 125 feet
5 B-I or 3 B-II and 1 B-I
4 B-1 or 3 B-II
Over 125 feet
6 B-I or 4 B-II and 1 B-I
5 B-I or 4 B-II
(b)
				A fire extinguisher must have the U.S. Coast Guard approval 162.028 or have an
				Underwriters Laboratory Marine listing.
(c) A portable fire extinguisher without a
				gauge must be inspected at least every six (6) months and must have an
				inspection card attached.
(d) A
				pressure-filled fire extinguisher must be hydrostatically pressure tested at
				least every five (5) years.
(e) The
				maintenance required under subsections (c) and (d) must be performed by a
				qualified firefighting equipment repair service.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-18 - First aid equipment; emergency procedures

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 18.
(a) At
				least one (1) standard sixteen (16) unit first aid kit must be maintained
				onboard. Included in the kit are the following:
(1) Adhesive bandages.
(2) Fingertip and knuckle bandages.
(3) Nonstick pads.
(4) 36" × 36" bandage that can also be
				used as a sling.
(5) Antibiotic
				ointment.
(6) Cold
				compress.
(7) Examination
				gloves.
(8) Ibuprofen
				tablets.
(9) Cleansing
				wipes.
(10) First aid
				tape.
(11) Finger
				splints.
(12) Scissors.
(13) Tweezers.
(14) Conforming gauze.
(15) Sterile eye pads.
(16) American Medical Association first aid
				guidebook.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-19 - Cooking, heating, and lighting

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC
				  14-15-2-9
Sec. 19.
(a) None of
				the following may be carried onboard a boat by a person:
(1) Gas.
(2) Liquefied gas.
(3) Another flammable liquid capable of being
				used for cooking, heating, or lighting.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-20 - Portable battery operated light (flashlight)

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 20.
A boat must have onboard at least one (1) portable battery
				  operated light (flashlight) that is powered by D cells or larger size
				  batteries.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-21 - Certificate of inspection; issuance; posting; revocation

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 4-21.5-3-8; IC 4-21.5-4; IC 14-15
Sec. 21.
(a) Upon
				satisfactory completion of the required drydock and annual dockside
				inspections, the department shall issue a certificate of inspection to expire
				one (1) year after the date on which the boat was inspected. The department may
				extend the expiration date for a period not to exceed thirty (30) days if
				conditions exist that would prevent the inspection of the boat before the first
				anniversary of the previous inspection.
(b) Except as provided in this subsection,
				the certificate of inspection must be placed under transparent material and
				posted conspicuously on the boat. If posting is impracticable, the certificate
				must be kept onboard and shown on demand.
(c) The department shall issue stickers with
				each certificate. The stickers must be affixed conspicuously to the port and
				starboard sides of the boat.
(d)
				The department may, under IC 4-21.5-3-8 or IC 4-21.5-4, revoke a certificate
				issued under this section for any of the following reasons:
(1) Changes occur to a boat after the
				issuance of the certificate so that the boat no longer meets the minimum
				standards for certification.
(2)
				The owner, the captain, or a crew member violates IC 14-15 or this
				rule.
(3) Information significant
				to the issuance of the certificate has been falsified or concealed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-22 - Pilot's license on waters of concurrent jurisdiction

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 22.
(a) A
				pilot's license is required to operate a boat on waters of concurrent
				jurisdiction.
(b) Except as
				provided in this subsection, the pilot's license must be framed under
				transparent material and posted conspicuously on the boat. If display is
				impracticable, the license must be carried onboard and shown on demand.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-23 - Marine liability insurance

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-15-7-5
Affected: IC 14
Sec. 23.
The owner of a boat carrying passengers for hire must
				  maintain marine liability insurance for bodily injury in the lesser of the
				  following amounts:
(1) Eighty-five
				thousand dollars ($85,000) per passenger per accident.
(2) One million dollars ($1,000,000) in the
				aggregate.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-24 - Boats carrying six or fewer passengers for hire on waters of concurrent jurisdiction

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5
Affected: IC 14-15-2-7; IC 14-15-2-8
Sec. 24.
(a) This
				section establishes requirements for boats carrying six (6) or fewer passengers
				for hire on waters of concurrent jurisdiction that are supplemental to the
				other requirements of this rule.
(b) The requirements for a deck rail are as
				follows:
(1) A boat must have a deck rail or
				an equivalent protection at the periphery of a weather deck, including the
				cockpit, that is accessible to the passengers and crew. The top rail course of
				a deck rail must be at least twenty-four (24) inches above the deck. However,
				this subdivision does not apply to an open boat.
(2) A deck rail must have evenly spaced
				horizontal courses.
(3) A boat with
				a flying bridge must have suitable deck rails or an equivalent protection at
				the periphery of the flying bridge deck.
(4) An open boat must have suitable deck
				rails or an equivalent protection.
(5) A deck rail may be removed or modified
				while a boat is anchored and passengers are engaged in a diving
				operation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-25 - Boats carrying more than six passengers for hire

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5
Affected: IC 14-15-2-7; IC 14-15-2-8
Sec. 25.
(a) This
				section establishes requirements for boats carrying more than six (6)
				passengers for hire that are supplemental to the other requirements of this
				rule.
(b) Except on an open boat, a
				deck rail or a life line on a passenger deck must be at least twenty-four (24)
				inches high. A deck rail may be removed or modified while a boat is anchored
				and passengers are engaged in a diving operation.
(c) Fixed or portable seats must be placed so
				that aisles not more than fifteen (15) feet long are at least twenty-four (24)
				inches wide and aisles more than fifteen (15) feet long are at least thirty
				(30) inches wide. If seats are in rows, the distance from seat front to seat
				front must be at least thirty (30) inches. Seat spacing must provide for ready
				escape during a fire or another emergency.
(d) A boat that carries vehicles must have
				suitable chains, cable, or other barriers at the end of a vehicle runway.
				Suitable gates, rails, or other devices must also be installed as a
				continuation of the regularly required rails.
(e) A boat must have the following onboard:
(1) One (1) Type I personal flotation device,
				Type II personal flotation device, or Type III personal flotation device of
				proper size for each passenger and crew member.
(2) Except as provided in this subdivision
				for an open boat, a ring life buoy at least twenty (20) inches in diameter. The
				ring life buoy must be properly marked, readily accessible, and suitably
				attached to at least sixty (60) feet of floating line that is resistant to
				deterioration from ultraviolet light. An open boat must have a Type IV personal
				flotation device.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 5 - BOATING ON PUBLIC WATERS OF INDIANA › Rule 14 - Boats Carrying Passengers for Hire › Section 14-27 - Reciprocity for a Michigan certification

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7
Affected: IC
				  14-15-2-7;
				  IC
				  14-15-2-8
Sec. 27.
As an alternative to certification under this rule, the
				  department grants reciprocity to a certification, issued under Michigan
				  Administrative Code 281.3101 through 281.3506, for a boat carrying passengers
				  for hire.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 1 - Applicability › Section 1-1 - Application of article

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC
				  14-19-1-1;
				  IC 14-21-1; IC 14-28-1; IC 14-29; IC 14-34; IC 14-37
Sec. 1.
(a) This
				article governs an activity relative to a license, and an activity for which a
				license is required whether or not a permit is sought or held, under:
(1) IC
				14-19-1-1;
(2) IC 14-29-1;
(3) IC 14-29-3;
(4) IC 14-29-4 (if IC
				14-29-4-5(2)
				 applies); or
(5) another statute administered by the
				department as a result of a waterway being navigable.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 1 - Applicability › Section 1-2 - Transfer of license

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14
Sec. 2.
(a) A person
				cannot transfer or assign a license issued under this article unless prior
				written approval for the transfer or assignment is obtained from the
				director.
(b) The director shall
				not unreasonably deny a request to transfer or assign a permit issued under
				this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 1 - Applicability › Section 1-3 - License application; limitations; revocation; general sanctions

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 4-21.5; IC 14-9-3; IC
				  14-10-2-6;
				  IC 14-29
Sec. 3.
(a) A license
				issued under this article is subject to the conditions, terms, or limitations
				contained on or attached to the license.
(b) A license may be suspended or revoked by
				the department under IC 4-21.5 for a violation of IC 14-29, this article, or a
				condition contained on or attached to the license.
(c) Any deputy director referenced in IC
				14-9-3 may file a complaint with the commission that seeks the issuance of a
				notice of violation and the imposition of a charge, where authorized by IC
				14-10-2-6,
				for any of the following:
(1) A violation of
				IC 14-29.
(2) A violation of this
				article.
(3) A violation of a
				condition contained on or attached to a license issued under this
				article.
(4) Conduct of an activity
				for which a license is required under this article but for which no license is
				obtained.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 1 - Applicability › Section 1-4 - Determination of riparian zones

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-26-1-8
Affected: IC 14-15; IC 14-29-1
Sec. 4.
If a determination of riparian boundaries is reasonably
				  required for the performance of functions under IC 14-29-1 and this article,
				  the department (or the commission on administrative review) shall consider as
				  guidance "Riparian Zones within Public Freshwater Lakes and Navigable Waters",
				  as published by the Legislative Services Agency at DIN:
				  20220209-IR-312220025NRA.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 1 - Applicability › Section 1-5 - Lawful nonconforming uses

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-26-1-8
Affected: IC 4-21.5; IC 14-15; IC
				  14-29-1-8
Sec. 5.
(a) A
				structure or facility that was lawfully placed before the effective date of a
				provision of:
(1) IC
				14-29-1-8;
				or
(2) a section of this article;
				which would be unlawful if placed after that date, is eligible for
				qualification under this section as a lawful nonconforming use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14
Sec. 1.
(a) The
				definitions contained in this rule apply throughout this article.
(b) The definitions contained in 312 IAC 1
				also apply.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-2 - "Abandoned shipwreck" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31; IC
				  14-29-1-8
Affected: IC 14
Sec. 2.
"Abandoned shipwreck" means a shipwreck to which title has
				  been given up by the owner with the intent of never claiming a right or
				  interest in the future. An intention to give up title may be demonstrated where
				  an owner:
(1) takes steps to collect
				insurance or pay a salvage award to a person who salvages the vessel's cargo;
				or
(2) takes no action after a
				wreck incident to recovering or removing the vessel and its cargo.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-3 - "Beach nourishment" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14
Sec. 3.
"Beach nourishment" means the placement of sand to mitigate
				  beach erosion:
(1) within the ordinary
				high watermark of Lake Michigan; or
(2) within such proximity to the shoreline of
				Lake Michigan that wind or water erosion is likely to transport sand into the
				lake.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-3.3 - "Creek rock" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-1-5;
				  IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 3.3.
"Creek rock" means each of the following located within a
				  waterway:
(1) Sand.
(2) Gravel.
(3) Rock.
(4) Slab rock.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-3.7 - "Group pier" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-29-1-8
Affected: IC 14-29-1
Sec. 3.7.
"Group pier" means a pier that is subject to IC 14-29-1 and
				  provides docking space for any of the following:
(1) At least five (5) separate property
				owners.
(2) At least five (5)
				rental units.
(3) An
				association.
(4) A condominium,
				cooperative, or other form of horizontal property.
(5) A subdivision or an addition.
(6) A conservancy district.
(7) A campground.
(8) A mobile home park.
(9) A club that has, as a purpose, the use of
				public waters for any of the following:
(A)
				Boating.
(B) Fishing.
(C) Hunting.
(D) Trapping.
(E) Similar activities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-3.8 - "Hard mineral resources" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-1-5;
				  IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 3.8.
"Hard mineral resources" means naturally occurring alluvial
				  deposits of the following:
(1)
				Gold.
(2) Platinum.
(3) Silver.
(4) Lead.
(5) Copper.
(6) Diamonds and other gemstones.
(7) Other similar materials.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-4 - "Historic shipwreck" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31; IC
				  14-29-1-8
Affected: IC 14
Sec. 4.
"Historic shipwreck" means a shipwreck that is located
				  within a historic site.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-5 - "Historic site" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31; IC
				  14-29-1-8
Affected: IC
				  14-8-2-125
Sec. 5.
"Historic site" has the meaning set forth in IC
				  14-8-2-125.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-6 - "Marina" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14
Sec. 6.
"Marina" means a structure that:
(1) can service simultaneously at least five
				(5) boats; and
(2) provides, for a
				fee, one (1) or more of the following:
(A)
				Boat engine fuel.
(B) Boat
				repair.
(C) Boat sales or
				rental.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-6.8 - "Prospecting" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-1-5;
				  IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 6.8.
"Prospecting" refers to activities conducted in preparation
				  for or to remove hard mineral resources.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-7 - "Public or municipal water utility" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC
				  8-1-2-1; IC 14
Sec. 7.
"Public or municipal water utility" means a "public utility"
				  under IC
				  8-1-2-1(a)
				   or a "municipally owned utility" under IC
				  8-1-2-1(h),
				  which is operated to furnish water.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 2 - Definitions › Section 2-8 - "Shipwreck" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31; IC
				  14-29-1-8
Affected: IC 14
Sec. 8.
(a)
				"Shipwreck" means a vessel or wreck, its cargo, and other contents.
(b) As used in subsection (a), a "vessel or
				wreck" includes each of the following:
(1)
				Hull.
(2) Rigging.
(3) Armaments.
(4) Apparel.
(5) Tackle.
(6) Cargo.
(7) Other contents of the vessel or
				wreck.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 3 - Shipwrecks and Other Historic Sites › Section 3-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31; IC
				  14-29-1-8
Affected: IC 14-21-1
Sec. 1.
(a) This rule
				establishes standards applicable to the issuance of licenses, license
				conditions, and the conduct of investigations and scientific investigations
				needed to satisfy IC 14-21-1 and IC
				14-29-1-8 for
				an abandoned shipwreck or historic site located in whole or in part within a
				navigable waterway.
(b) In addition
				to the purposes described in subsection (a), this rule is intended to
				effectuate the Abandoned Shipwreck Act (43 U.S.C.
				2101) in Indiana. To the extent not
				inconsistent with this article, the department may apply guidelines of the
				National Park Service, Department of Interior, published on December 4, 1990,
				at 55 FR 50116 through 55 FR 50145 in considering an activity that may affect
				an abandoned shipwreck.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 3 - Shipwrecks and Other Historic Sites › Section 3-2 - Administration of shipwrecks through division of historic preservation

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31; IC
				  14-29-1-8
Affected: IC 14
Sec. 2.
(a) The
				division of historic preservation and archeology of the department shall
				conduct the technical and professional functions of the department under this
				rule with respect to a determination or regulation of a historic site
				(including an abandoned shipwreck located within an historic site).
(b) The director of the division of historic
				preservation and archeology may issue a license under this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 3 - Shipwrecks and Other Historic Sites › Section 3-3 - Licensing

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-21-1-31; IC 14-29-1-8
Affected: IC 14-21-1
Sec. 3.
(a) No person
				may remove, disturb, salvage, or destroy an abandoned shipwreck or a historic
				site located in whole or in part within a navigable waterway except under a
				license issued under this rule.
(b)
				A license application, with respect to a historic site (including a shipwreck
				located at a historic site), must include a plan (as defined in
				312 IAC
				22-1-14) that is proposed by the applicant to satisfy
				312 IAC 22. The applicant must also satisfy 312 IAC 21. Except as provided in
				section 4 of this rule, the application shall be filed with the department at
				least thirty (30) days before a licensed activity is scheduled to
				begin.
(c) A person who wishes to
				recover or salvage an abandoned shipwreck that is not believed to be located at
				a historic site shall file a notification with the department. The notification
				must:
(1) provide the location of the
				abandoned shipwreck; and
(2)
				identify how the application determined:
(A)
				the abandoned ship is not located at a historic site; and
(B) that the proposed activity:
(i) does not otherwise violate IC
				14-29-1-8;
				or
(ii) is subject to the exclusive
				jurisdiction of a federal court or federal agency.