reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0040 - Oregon Boat Numbering

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Boat numbers issued by the Oregon State Marine Board shall conform to the
			 specifications regarding form of number in Title 33 Part 174 Subpart B of the
			 Code of Federal Regulations.
(2)
			 Decals issued to federally documented vessels under ORS
			 830.775 shall be conspicuously
			 displayed on the aftermost part of the hull on both sides of the
			 vessel.
Statutory/Other Authority: ORS
				  830.110
Statutes/Other Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0051 - Definition of "Operate" and "Otherwise Use a Boat on Water"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose
			 of ORS 830.700(5), the
			 term "operate" means to navigate or otherwise use a boat on water:
(2) The term "otherwise use" includes, but is
			 not limited to, being at anchor, adrift, moored on the water, use as
			 live-a-board residence on water or otherwise being afloat on the waters of this
			 state.
(3) A boat does not have to
			 be "underway" to be in use for the purpose of titling and registration
			 requirements as provided in ORS 830.070 to ORS
			 830.830.
Stat. Auth: ORS
				  830.110
Stats. Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0053 - Safety Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
The sheriff of each county and all other police officers
				responsible for enforcement of Oregon Revised Statutes, Chapter 704 and 830 and
				the amplifying Oregon Administrative Rules Chapter 250, are authorized to
				"signal boat operator to bring the boat to a stop" to conduct safety
				inspections:
(1) With the owner or
			 operator's consent; or
(2) If a
			 sheriff or other police officer confirms that a safety violation has occurred
			 the sheriff or officer shall conduct a complete safety inspection to determine
			 compliance with all other applicable safety laws.
Stat. Auth: ORS
				  830.110 & 830
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0055 - Certificates of Boat Title

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the owner of a boat submits an application for Certificate of Boat Title
			 only, and under normal circumstances the boat would require in addition to the
			 title, a certificate of number, the Director shall not issue the title until
			 first obtaining from the owner a signed statement that the boat will not be
			 used on any waters over which this state has jurisdiction until all
			 registration requirements have been complied with.
(2) Before issuing a Certificate of Title for
			 a boat the Director shall require "Proof of Ownership" which may include a
			 notarized transfer of title by the previous title owners, a Manufacturer's
			 Statement of Origin (MSO) properly executed by the manufacturer, a Homemade
			 Boat Builders Certificate properly executed by the builder, a Certificate of
			 Boat Title issued by another state or an original certificate of number for
			 boats previously registered in another state that does not issue a Certificate
			 of Title for a Boat.
(a) When an application
			 is made for an initial Oregon title, the following boats must be inspected by
			 the Oregon State Police, an Oregon county sheriff's representative, or Marine
			 Board staff:
(A) Homemade boats; and
(B) Boats not titled and/or registered in
			 Oregon or another state with the exception of new boats when a manufacturer's
			 statement of origin has been submitted.
(C) When a boat is currently unavailable for
			 inspection or when it is evident that a typographical error or
			 misinterpretation of a number or letter has occurred, a title and registration
			 may be issued after a pencil tracing (rubbing) or digital photo is submitted,
			 provided:
(i) The boat has a title or out of
			 state registration;
(ii) There are
			 no stolen records or red flags; and,
(iii) The boat is more than 20 years old
			 and/or has an estimated value less than $2,000.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0057 - Issuance and Duplication Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fees for the title issuance and
			 duplication fee shall be:
(a) Title original
			 issuance -- $30;
(b) Title
			 duplication without change when original has been lost, mutilated, destroyed or
			 stolen -- $15;
(c) Title reissued
			 with change of ownership -- $30.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0058 - Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 293.445(4), the
			 Board will refund amounts more than $10 when it determines that moneys have
			 been received in excess of the amount legally due the Board.
(2) If the refund amount owed is $10 or less,
			 a refund shall be paid upon receipt of a written request from the person who
			 paid the money or their legal representative.
Stat. Auth.: ORS 293 & 830
Stats. Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0059 - Reinstatement Fee

Current through Register Vol. 63, No. 7, July 1, 2024
A fee of $25 shall be charged to reinstate a Certificate of
				Number for owners of boats who have had a certificate cancelled for failure to
				appear or failure to comply with a court judgement as provided in ORS
				830.815.
Stat. Auth.: ORS
				  830.110
Stats. Implemented: ORS
				  830.110 & ORS
				  830.815
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0060 - Report of Transfer, Abandonment or Wrecking of a Boat, Change of Address, Late Penalty Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 owner of a boat for which a valid identifying number has been awarded by this
			 state shall notify the Board within 30 days of the transfer, abandonment, or
			 destruction of the boat.
(2) Within
			 30 days after any change in address, the owner of a boat with a valid
			 identifying number shall report the change to the Board.
(3) Title transfers received for processing
			 31 or more days after transfer, abandonment or destruction shall be assessed a
			 late penalty of $25. All late penalty fees shall be in addition to the
			 prescribed original issuance title fee.
(4) The Board will waive the penalty fee for
			 the following reasons:
(a) The applicant did
			 not have possession of the title or replacement title form; or
(b) The person became physically or mentally
			 incapacitated following the purchase of the vessel, directly preventing or
			 making it impractical for the person to meet requirements for delivery of
			 documents.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0065 - County Use Permit Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule establishes standards for
			 review of county use permit programs as authorized by ORS
			 830.172(2).
(2) Applicability. The Board will only
			 consider use permit programs from counties bordering a state that allows
			 imposition of a boat use permit fee.
(3) Use of funds. All funds collected by a
			 county from out-of-state residents for a boat use permit shall be dedicated to
			 the maintenance, improvement and/or development of boating facilities and
			 services for boating recreation on waters within the county. The enforcement of
			 boating laws, rules, and use permits is an allowable use of county boat use
			 permit revenues.
(4) Amount of fee.
			 Fees should be commensurate with those fees charged to Oregon residents
			 visiting states with boat use permits. Maximum fees shall not exceed the
			 following:
(a) Daily permit: $1 per day, 4
			 days ($4) maximum;
(b) Annual
			 permits: Less than 12 feet: $5; 12 feet and over: $5 plus $2 for each foot over
			 12;
(c) A vendor fee/commission not
			 to exceed $2 is allowable.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0075 - Boating Safety/Education Assistance Program

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0085 - Capacity Plates

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth: ORS. 830
Stats. Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0095 - Application for Marine Events

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.375
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0110 - Investigation of Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0121 - Mufflers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0122 - Carburetors

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0125 - Ventilation

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				830.240, the following
				ventilation system standards shall apply to all boats:
(1) Powered ventilation (applicable to boats
			 constructed after July 31, 1980 that utilize a gasoline engine for electrical
			 generation, mechanical power or propulsion):
(a) Each compartment in a boat that has a
			 permanently installed gasoline engine with a cranking motor must:
(A) Be open to the atmosphere; or
(B) Be ventilated by an exhaust blower
			 system.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0150 - Registration and Titling Requirement Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0152 - Use of Sirens Prohibited by Other Than Expressly Authorized Peace Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Only law enforcement boats are allowed to use a siren on the
				waters over which this state has jurisdiction.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.035
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0154 - Personal Flotation Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person must
			 not operate a boat on the waters of this state unless:
(a) At least one wearable Personal Flotation
			 Device (PFD) is on board for each person; and
(b) Each PFD is used in accordance with any
			 requirements on the approved label; and
(c) Each PFD is used in accordance with any
			 requirements in its owner's manual, if the approved label makes reference to
			 such a manual.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0155 - Fire Extinguishers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0156 - Sound Signaling Appliances

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0160 - Board not to Approve Products of Manufacturers

Current through Register Vol. 63, No. 7, July 1, 2024
The Marine Board will not endorse or approve the products of
				any individual or firm.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0164 - Visual Distress Signals

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0166 - Engine Cut-off Switches

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0201 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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"
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0206 - Waterway Marker Permits Required and Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0215 - Application for Waterway Marker Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0225 - Waterway Marker Placement Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0230 - Transfer of Ownership of Waterway Markers

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  830.110
Stats. Implemented:
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0235 - Discontinuance and Removal of Waterway Markers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any permitted waterway marker may be
			 discontinued and removed by the permittee. Upon completion of the removal of
			 the marker, the permitee shall notify the Marine Board in writing within 30
			 days.
(2) If the statute or rule
			 supporting a regulatory marker is amended, the permittee must relocate or
			 otherwise modify those waterway markers placed by the permittee in order to
			 implement the statute or rule, within 30 days of notification from the Marine
			 Board.
(3) If the statute or rule
			 supporting a regulatory marker is repealed, the permittee shall remove from the
			 waters of this state all regulatory markers the permittee placed that
			 correspond to the repealed statute or rule, within 30 days of notification from
			 the Marine Board of the rule or statute repeal.
(4) The Marine Board or any peace officer
			 charged with the enforcement of OAR Chapter 250 may remove, or cause the
			 removal of, any marker found in violation of OAR Chapter 250, or that does not
			 conform to the permit authorizing the placement of the marker, if the violation
			 is not corrected within 30 days following notification of the permittee of the
			 violation. Waterway markers that create an unreasonable hazard to navigation
			 may be removed immediately.
(5)
			 Non-conforming or non-permitted waterway markers removed from the waterway
			 remain the property of the owner. Reoccurring removals of non-conforming or
			 non-permitted markers may result in permanent seizure and will be disposed of
			 in accordance with ORS
			 98.245.
(6) The permittee may appeal the decision to
			 remove non-conforming or non-permitted waterway markers to the Board. Requests
			 for Board review must be in writing within 30 days of the removal action. 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.
Stat. Auth.: ORS
				  830.110
Stats. Implemented:
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0240 - Characteristics of Waterway Markers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Channel markers shall be designated as
			 follows:
(a) A solid red marker shall
			 indicate that side of a channel to be kept to the right of a vessel when
			 entering the channel from the main water body;
(b) A solid green marker shall indicate that
			 side of a channel to be kept to the left of a vessel when entering the channel
			 from the main water body;
(c) A
			 red and white vertically striped marker shall indicate the center of a
			 navigable channel.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0245 - Buoy Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Buoys must meet the following specifications for design and construction:
(a) Be a commercial available design approved
			 by the Marine Board;
(b) Be
			 self-righting;
(c) Have a durable
			 hard plastic shell;
(d) Have
			 internal foam floatation and a ballast system.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0255 - Sign Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Signs shall be made of materials which will retain, despite weather and other
			 exposure, the characteristics essential to their basic significance, such as
			 color, shape, legibility, and position. Acceptable materials include:
(a)0.080" aluminum;
(b) Fluted twin wall corrugated plastic
			 sheet; or
(c) Other materials as
			 approved by request to the Marine Board.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0260 - Standards for Letter or Numeral Elements of Markers

Current through Register Vol. 63, No. 7, July 1, 2024
Letters, numerals, or figures used with the marker symbol shall
				be black, and in block characters of good proportion, and spaced in a manner
				which will provide maximum legibility.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0265 - Standards for Mooring Buoys

Current through Register Vol. 63, No. 7, July 1, 2024
In order that mooring buoys shall not be mistaken for waterway
				markers, they shall be white with a blue band clearly visible above the water
				line, except those in officially designated mooring areas.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0270 - Standards for Swim Area Markers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only swim areas established by a public
			 body in statute, rule or ordinance shall be considered marked swimming areas
			 under ORS 830.345(2).
(2) Swim area markers must include
			 regulatory buoys or signs at the corners of the designated swim area that
			 display the message "swim area" and a diamond shape of international orange
			 with a cross of the same color within it against a white background. The
			 regulatory buoys or signs must be connected by a visible floating line to
			 demarcate the boundaries of the swim area.
Stat. Auth.: ORS
				  830.110
Stats. Implemented:
				  830.110,
				  830.345
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0275 - The "Divers" Flag

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 red flag with a white diagonal running from the upper left hand corner to the
			 lower right hand corner (from mast head to lower outside corner) and known as
			 the "Diver Flag" shall, when displayed on the water, indicate the presence of a
			 diver submerged in the immediate area.
(2) Recognition of this flag by regulation
			 will not be construed as conferring any rights or privileges on its users, and
			 its presence in a water area will not be construed in itself as restricting the
			 use of the water area so marked.
(3) Operators of vessels engaged in diving
			 operations shall comply with OAR 250-012-0030  as required.
(4) Operators of transiting vessels shall
			 exercise caution commensurate with conditions indicated when in the vicinity of
			 indicated diving operations.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.110
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0300 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Board" means
			 the Oregon State Marine Board.
(2)
			 "Boathouse" means a covered structure on floats or piles used for the protected
			 moorage of boats.
(3) "Floating
			 Home" means a moored structure that is secured to a pier or pilings and is used
			 primarily as a domicile and not as a boat.
(4) "Owner" means a person or persons who
			 have a property interest other than a security interest in a floating home or
			 boathouse, and the right of use or possession of the floating home or
			 boathouse, but does not include a lessee.
(5) "Ownership" means a property interest
			 other than a security interest.
(6)
			 "Person" means an individual, partnership, firm, corporation, association, or
			 other entity.
(7) "Security
			 Interest" means an interest reserved or created by agreement which secures
			 payment or performance of an obligation as more particularly defined by
			 subsection (37) of ORS
			 71.2010.
(8) "Waters of This State" means all waters
			 within the territorial limits of this state, the marginal sea adjacent to this
			 state, and the high seas when navigated as a part of a journey or ride to and
			 from the shore of this state.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.850
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0310 - Certificate of Registration and Title for a Floating Home or Boathouse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The application
			 shall be made on a form furnished by the Board and mailed directly to the
			 Oregon State Marine Board or presented in person with the required
			 fee.
(2) Application forms shall be
			 available at the office of the Board.
(3) The Certificate of Registration shall
			 contain ownership data, location, and property description. The certificate of
			 title shall contain ownership data, transfer of ownership data, location, and
			 property description.
(4) With each
			 Certificate of Registration issued by the Board, there shall be issued one
			 registration plate. The plate shall be placed on the structure near the
			 electric meter, to be clearly visible from the access walkway. If a meter is
			 not on the premises, or if it is located in an area that is not accessible, the
			 registration plate shall be placed on the structure in an area that is clearly
			 visible from the access walkway.
(5) The numbers on the plate will correspond
			 with the registration serial number issued by the Board on the original
			 application. The plate color will be white background with green numbers and so
			 maintained to be clearly visible and legible at all times.
(6) When an application for a Certificate of
			 Title indicates that the legal owner of the Floating Home/Boathouse is other
			 than the principal owner, the title will be mailed to the legal
			 owner.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.855
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0320 - Oregon Floating Home/Boathouse Registration Numbering System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Floating
			 Home/Boathouse numbering system adopted for use in the State of Oregon shall
			 consist of the designator FH (Floating Home), BH (Boathouse), or C (Combination
			 Floating Home/Boathouse). The assigned number will correspond to the
			 identifying registration plate issued with the initial title or the replacement
			 plate if applicable. NUMBERING EXAMPLES:
(a)
			 FH0001 through FH9999.
(b) BH0001
			 through BH9999.
(c) C0001 through
			 C9999.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0325 - Report of Transfer, Abandonment, or Wrecking of Floating Home/Boathouse or Change of Address

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 owner of a Floating Home/Boathouse for which a valid identifying number has
			 been awarded by this state shall notify the Board within 30 days of transfer of
			 ownership. Abandonment or destruction of the structure also requires mailing
			 the title to the Board within 30 days for cancellation.
(2) Within 30 days after any change of
			 address, the owner of a Floating Home or Boathouse shall report the change of
			 location to the Board.
(3) Title
			 transfers received for processing 31 or more days after transfer, abandonment
			 or destruction shall be assessed a late penalty fee of $25. All late penalty
			 fees shall be in addition to the prescribed original issuance title
			 fee.
(4) The Board will waive the
			 penalty fee for the following reasons:
(a) The
			 applicant did not have possession of the title or replacement title form;
			 or
(b) The person became physically
			 or mentally incapacitated following the purchase of the vessel, directly
			 preventing or making it impractical for the person to meet requirements for
			 delivery of documents.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0410 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
"Chemical Test/Chemical Analysis" means a quantitative analysis
				for alcohol by means of direct or indirect measurement of physiochemical
				technique performed on a sample of breath.
Stat. Auth.: ORS
				  830.110 & ORS
				  830.505 - ORS
				  830.550
Stats. Implemented: ORS
				  830.505
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0420 - Officer Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 arresting officer shall, within ten days of the arrest of an operator for
			 operating a boat while under the influence of intoxicants, complete and submit
			 to the Board the following:
(a) Operating
			 Under the Influence Report;
(b)
			 Consent Report.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0430 - Chemical Analyses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 chemical analysis of a person's breath for alcohol can be performed using
			 breath testing equipment as approved under OAR 257-030-0040
(2) Accuracy testing of approved breath
			 testing equipment shall be performed in accordance with OAR
			 257-030-0170.
Stat. Auth.: ORS
				  830.110 &
				  830.505 -
				  830.550
Stats. Implemented: ORS
				  830.535
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0440

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 &
				  830.505 -
				  830.550
Stats. Implemented: ORS
				  830.535
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0470

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 & ORS
				  830.505 - ORS
				  830.550
Stats. Implemented: ORS
				  830.535
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0650 - Aquatic Invasive Species Prevention Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Operators of out-of-state motorboats and sailboats 12 feet in length or more
			 that would be required to be registered in Oregon per ORS
			 830.790 must carry an
			 out-of-state Aquatic Invasive Species Prevention Permit when in use on waters
			 of the state. Out-of-state permits are transferrable between multiple motorized
			 boats.(2) The name on the permit does not need to match the name of the person
			 operating the boat.
(2) An Aquatic
			 Invasive Species Prevention Permit is required for motorized race boats which
			 are owned by Oregon residents but that are otherwise exempt from registration
			 under OAR 250-010-0150(2).
(3)
			 Boats required to carry permits must present their permit for inspection upon
			 request by a law enforcement officer.
(4) A person is considered in violation of
			 the provisions contained in this rule and subject to the penalties prescribed
			 by law when they:
(a) Alter an aquatic
			 invasive species prevention permit; or
(b) Produce or possess an unauthorized
			 replica of an aquatic invasive species prevention permit; or
(c) Exhibit an altered Aquatic Invasive
			 Species Prevention Permit to a peace officer.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0660 - Watercraft Inspection Stations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose
			 of this rule, the following definitions apply:
(a) "Check Station" is a location in Oregon
			 that a watercraft inspection team has designated for conducting watercraft
			 inspections for aquatic invasive species.
(b) "Decontamination" is the removal of
			 aquatic invasive species from a watercraft.
(c) "Inspector" is an individual certified
			 and authorized by the Oregon Department of Fish and Wildlife to conduct boat
			 inspections for aquatic invasive species.
(d) "Inspection Certificate" is a form used
			 by the inspector to conduct and record watercraft inspection
			 information.
(e) "Seal" is a
			 plastic zip tie or cable with a unique number that is affixed to the trailer or
			 other device to transport the watercraft.
(f) "Watercraft" are recreational or
			 commercial, motorized and nonmotorized boats, including canoes, kayaks and
			 rafts, as provided in ORS
			 830.005, and any equipment used
			 to transport a boat and any auxiliary equipment, as provided in ORS
			 570.850.