TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Proposed Regulation

Title of Regulation: 4VAC15-430. Watercraft: Safety Equipment Requirements (amending 4VAC15-430-60, 4VAC15-430-150, 4VAC15-430-170, 4VAC15-430-210).

Statutory Authority: §§ 29.1-701 and 29.1-735 of the Code of Virginia.

Public Comment Deadline: June 3, 2025.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The proposed amendments (i) remove the requirement that life jackets be used according to label; (ii) remove requirements regarding engine compartment ventilation on boats; (iii) remove the requirement that boaters ensure that handheld fire extinguishers have a metal information plate affixed; and (iv) replace the in-depth requirements for backfire flame controls with a requirement that vessels comply with backfire flame control regulations at the federal level.

4VAC15-430-60. Personal flotation device condition; size and fit; approval marking.

It shall be unlawful to use a recreational vessel unless each PFD required by 4VAC15-430-30 or allowed by 4VAC15-430-40 is:

1. In serviceable condition as provided in 4VAC15-430-70;

2. Of an appropriate size and fit for the intended wearer, as marked on the approval label; and

3. Legibly marked with its U.S. Coast Guard approval number; and

4. Used in accordance with any requirements or restrictions on the approval label.

4VAC15-430-150. Ventilation.

A. All motorboats or motor vessels, except open boats and as provided in subsections D and E of this section, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flashpoint of 110°F, or less, shall have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.

B. As used in this section, the term open boats means those motorboats or motor vessels with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel.

C. Vessels built after No person shall operate a boat built after July 31, 1980, which are manufactured or used primarily for noncommercial use; which are leased, rented, or chartered to another for the latter's noncommercial use; which are engaged in the carriage of six or fewer passengers for consideration; or which are in compliance with the requirements of that has a gasoline engine for electrical generation, mechanical power, or propulsion, unless the boat is equipped with an operable ventilation system that meets the requirements of 33 CFR 183.610(a) through (f) and 33 CFR 183.620(a) as established by the U.S. Coast Guard are exempted from these requirements.

D. Vessels built after July 31, 1978, which are manufactured or used primarily for noncommercial use; which are rented, leased, or chartered to another for the latter's noncommercial use; or which engage in conveying six or fewer passengers for consideration are exempted from the requirements of subsection A of this section for fuel tank compartments that:

1. Contain a permanently installed fuel tank if each electrical component is ignition protected; and

2. Contain fuel tanks that vent to the outside of the boat.

4VAC15-430-170. Hand-portable fire extinguishers and semiportable fire extinguishing systems.

A. Hand-portable fire extinguishers and semiportable fire extinguishing systems are classified by a combination letter and number symbol, the letter indicating the type of fire that the unit could be expected to extinguish, and the number indicating the relative size of the unit.

B. For the purpose of this section, all required hand-portable fire extinguishers and semiportable fire extinguishing systems are of the "B" type; that is, suitable for extinguishing fires involving flammable liquids, and greases, etc.

C. All fire extinguishers must be on board and readily accessible, in good and serviceable working condition, and comply with the following:

1. If the extinguisher has a pressure gauge reading or indicator, it must be in the operable range or position.

2. The extinguisher may not be expired or appear to have been previously used.

3. The lock pin is firmly in place.

4. The discharge nozzle is clean and free of obstruction.

5. The extinguisher does not show shows no visible signs of significant corrosion or damage.

D. All hand-portable fire extinguishers and semiportable fire extinguishing systems shall have permanently attached thereto a metallic name plate giving the name of the item, the rated capacity in gallons, quarts, or pounds, the name and address of the person or firm for whom approved, and the identifying mark of the actual manufacturer.

E. D. Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or, chlorobromomethane, or other toxic vaporizing liquids are not acceptable as equipment required by this section.

F. E. Hand-portable or semiportable extinguishers that are required on their by the name plates to be protected from freezing shall not be located where freezing temperatures may be expected.

G. F. The use of dry chemical, stored pressure, fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, may be permitted on motorboats and other vessels so long as such extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers:

1. When the date on the inspection record tag on the extinguishers shows that six months have elapsed since last weight check ashore, then such extinguisher is no longer accepted as meeting required maintenance conditions until reweighed ashore and found to be in a serviceable condition and within required weight conditions.

2. If the weight of the container is one-fourth ounce less than that stamped on container, it shall be serviced.

3. If the outer seals (that indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect such extinguisher to see that the frangible disc in the neck of the container is intact;, and if such disc is not intact, the container shall be serviced.

4. If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced with a new one and the extinguisher properly serviced or the extinguisher replaced with another approved extinguisher.

H. The G. No dry chemical, stored pressure, fire extinguishers without pressure gauges or indicating devices manufactured after January 1, 1965, shall not be carried on board motorboats or other vessels as required equipment.

4VAC15-430-210. Backfire flame control.

A. Every gasoline engine installed in a motorboat or motor, except outboard motors, using gasoline as fuel and installed in a vessel after April 25, 1940, except outboard motors, shall be equipped with an acceptable means of backfire flame control that meets the requirements of 46 CFR 25.35.

B. Installations made before November 19, 1952, may be continued in use as long as they are serviceable and in good condition. Replacements shall comply with any applicable standards established by the U.S. Coast Guard and be marked accordingly. The flame arrester must be suitably secured to the air intake with a flametight connection.

C. Installations consisting of backfire flame arresters bearing basic approval nos. 162.015 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 comply with any applicable standards established by the U.S. Coast Guard and be marked accordingly. The flame arrester must be suitably secured to the air intake with a flametight connection.