New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 449

Executive Department

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9 NYCRR 449.1 - Definitions

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Executive Department
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Sep 15, 2021

The following terms when used in this Part, unless otherwise expressly stated, shall be deemed to mean and include:

(a)Portable fire extinguishers; classification.
(1)A class B-1 extinguisher shall mean the foam type with a minimum charge of one and one-fourth gallons, the dry chemical type with a minimum charge of two pounds or the carbon dioxide type with a minimum charge of four pounds.
(2)A class B-2 extinguisher shall mean the foam type with a minimum charge of two and one-half gallons, the dry chemical type with a minimum charge of 10 pounds or the carbon dioxide type with a minimum charge of 15 pounds.
(b)Fixed fire extinguishing systems.

Fixed fire extinguishing systems, hereinafter referred to as “fixed systems”, shall mean total flooding systems using carbon dioxide gas as the extinguishing agent and having components fixed in position. The operation of the fixed system may be either manual, automatic or a combination of manual and automatic and must be approved by the United States Coast Guard for marine use. Each system shall be of such capacity to provide one pound of CO2 gas for each 14 cubic feet of protected area. The inspector shall specify the size of the fixed system re-required [sic], the location of cylinders and components and the type of control. Fixed systems shall be required equipment on inboard motor boats and on outboard motor boats which have installed tanks and enclosed spaces, when such boats are used for carrying passengers. In cases where the construction of a vessel or the location of engines and tanks are mainly exposed to the open atmosphere, thus making the installation of a fixed system impractical, the inspector may omit the fixed system requirement and add to the portable extinguisher requirement, if deemed necessary.

(c)Ventilation.

Ventilation shall mean the induction of a directed current of air by natural or mechanical means as opposed to venting which only provides openings for escape without provision for induction. Induction as used above means the intake of air from the outside which shall be directed to and through the length of the compartment and then released outside again. Any compartment or space in which an engine or fuel tank is located, particularly the lower portion of bilges, shall be provided with ventilation capable of preventing and effectively removing any accumulation of flammable or explosive vapor.

(1)Natural ventilation shall mean ventilation induced by the installation of permanently open and unobstructed inlet and outlet ventilation ducts, extending to bilges, with two ducts serving as inlets leading to the wings at one end of the engine compartment and/or fuel tank space and two ducts serving as outlets from the wings at the opposite end. The aggregate inlet area and the aggregate outlet area should be proportioned approximately to the beam of the boat, with two square inches of aggregate inlet or outlet duct area per foot of beam as the minimum. Where engines and/or fuel tanks are not in closed compartments, at least one ventilating duct shall be installed in the fore part of the boat and one in the after part. In the case of completely open boat construction using outboard motors and portable fuel tanks, no ventilation ducts are required.
(2)Mechanical ventilation shall mean ventilation induced by the installation of a power exhaust blower, in addition to the minimum requirement for natural ventilation, the motor of which shall be completely enclosed and sparkproof and shall be installed outside of ducts and as high above the bilge as possible. The exhaust blower shall be of such size as to exhaust the total air capacity of the compartment in a period of one minute.
(d)Life preservers.

All life preservers used on public vessels shall be of jacket design, containing pads of buoyant materials consisting of balsa wood, cork, vinyl covered kapok, or vinyl covered fiberous glass inserted in a cloth covering which shall be fitted with straps or ties so that the life preserver can be securely held to the human body. All life preservers manufactured after 1949 shall be India orange in color, except that white colored life preservers which have been in continuous use are approved only if in good condition. Re-covering of life preservers is not permitted. In addition, all life preservers used on public vessels shall be of the commercial type approved by the United States Coast Guard for use on vessels carrying passengers for hire. Limited United States Coast Guard standards for life vests, buoyant cushions, etc. are not approved.

(e)Inboard motor boats.

For the purposes of this Part, inboard motor boats shall mean all vessels with permanently installed engines and/or fuel tanks using gasoline or diesel oil as a fuel supply, or vessels having enclosed bilge, engine and/or fuel tank spaces using gasoline or diesel oil as a fuel supply.

9 NYCRR 449.2 - Application of rules

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Sep 15, 2021
(a)All vessels certified as public vessels shall be equipped as herein specified after January 1, 1963.
(b)Special consideration may be given to departures from the specific requirements of this Part when it can be shown that special circumstances or arrangements warrant such departures.

9 NYCRR 449.3 - Equipment required

Source version current through Mar 15, 2023

Later State Register activity may affect this section.

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(a)Outboard motor boats—Classes “A” and “1”.
(1)One life preserver for each passenger and crew member as specified on vessel's “Certificate of Inspection”.
(2)One anchor and cable.

The anchor and cable shall be of such type or design and strength to hold the vessel secure during conditions of severe weather, characteristic to the waterway upon which the vessel will operate.

(3)One “class B-1” portable fire extinguisher, to be located near the steering station.
(4)Fixed fire extinguishing system (required only if vessel has either enclosed fuel tank space, or a permanently installed fuel tank).
(5)Mechanical horn, or mechanical whistle.
(6)A natural ventilation system shall be installed. The inspector may, in addition, require the installation of a mechanical ventilation system on any vessel if the age, construction, condition, type or location of machinery or tanks indicates that such a system is necessary or if the hull design is such that vapors may be trapped and difficult to remove with natural ventilation.
(7)Navigational lights as required by law for classes A and 1 vessels.
(8)Hand portable bilge pump having a capacity of not less than five gallons per minute.
(b)Inboard motor boats—classes “A” and “1”.
(1)One life preserver for each passenger and crew member as specified on vessel's “Certificate of Inspection”.
(2)One anchor and cable.

The anchor and cable shall be of such type or design and strength to hold the vessel secure during conditions of severe weather, characteristic to the waterway upon which the vessel will operate.

(3)A United States Coast Guard approved backfire flame arrestor for each carburetor installed, such backfire flame arrestor to be mounted securely on the air intake of each carburetor (gasoline engines only).
(4)Two “class B-1” portable fire extinguishers (if fixed fire extinguishing system is not required), the location of the fire extinguishers to be as follows: one to be mounted near the steering station and one to be mounted near the engine access space.
(5)One “class B-1” portable fire extinguisher, to be located near the steering station, plus a fixed fire extinguishing system.
(6)Mechanical horn, or mechanical whistle.
(7)A natural ventilation system shall be installed. The inspector may, in addition, require the installation of a mechanical ventilation system on any vessel if the age, construction, condition, type or location of machinery or tanks indicates that such a system is necessary or if the hull design is such that vapors may be trapped and difficult to remove with natural ventilation.
(8)Navigational lights as required by law for classes A and 1 vessels.
(9)Hand portable bilge pump, having a capacity of not less than five gallons per minute.
(c)Motorboats—Class “2”.
(1)One life preserver for each passenger and crew member as specified on vessel's “Certificate of Inspection”.
(2)One anchor and cable.

The anchor and cable shall be of such type or design and strength to hold the vessel secure during conditions of severe weather, characteristic to the waterway upon which the vessel will operate.

(3)Two “class B-1” portable fire extinguishers.

One of the extinguishers to be located near the steering station. The other extinguisher to be located as directed by the inspector.

(4)Fixed fire extinguishing system.

(Required only if vessel has enclosed engine and/or fuel tank spaces.)

(5)A United States Coast Guard approved backfire flame arrestor for each carburetor installed (except outboard motors). Such backfire flame arrestor to be securely mounted on the air intake of each carburetor (gasoline engines only).
(6)Mechanical horn, or mechanical whistle.
(7)A natural ventilation system shall be installed. The inspector may, in addition, require the installation of a mechanical ventilation system on any vessel if the age, construction, condition, type or location of machinery or tanks indicates that such a system is necessary or if the hull design is such that vapors may be trapped and difficult to remove with natural ventilation.
(8)Navigational lights as required by law for class 2 vessels.
(9)Life floats or other buoyant apparatus as required by law, for not less than 20 per cent of all persons on board (required on vessels of over 50 tons burden navigating one or more miles from shore at any time).
(10)Bell, to be permanently mounted and conveniently located near the steering station.
(11)Power operated bilge pump, plus a hand operated portable bilge pump. Said power operated bilge pump to have a capacity of not less than 10 gallons per minute and may be driven off the main engine or other source of power. Hand portable bilge pump shall have a capacity of not less than five gallons per minute. Power bilge pumps to be fitted with a suitable strainer to prevent clogging of pumps by foreign matter.
(d)Motor boats—classes “3” and “4”.
(1)One life preserver for each passenger and crew member as specified on vessel's “Certificate of Inspection”.
(2)One anchor and cable.

The anchor and cable shall be of such type or design and strength to hold the vessel secure during conditions of severe weather, characteristic to the waterway upon which the vessel will operate.

(3)A United States Coast Guard approved backfire flame arrestor for each carburetor installed. Such backfire flame arrestor to be securely mounted on the air intake of each carburetor (gasoline engines only).
(4)Sufficient class B-1 or B-2 portable fire extinguishers shall be located as indicated by the inspector at the engine space access, wheel house, galley, crews quarters, passenger spaces or other areas of potential fire hazard. Each extinguisher shall be of such type and size to adequately cover the potential fire hazard.
(5)Fixed fire extinguishing system.
(6)Mechanical horn, or mechanical whistle.
(7)A natural ventilation system shall be installed. The inspector may, in addition, require the installation of a mechanical ventilation system on any vessel if the age, construction, condition, type or location of machinery or tanks indicates that such a system is necessary, or if the hull design is such that vapors may be trapped and difficult to remove with natural ventilation.
(8)Navigational lights as required by law for appropriate class of vessel.
(9)Life floats, or other buoyant apparatus as required by law, for not less than 20 per cent of all persons the vessel is authorized to transport as evidenced by her “Certificate of Inspection”. (Required on vessels of over 50 tons burden navigating one or more miles from shore at any time.)
(10)Bell, to be permanently mounted and conveniently located near the main steering station.
(11)A self-priming power bilge pump, permanently connected to the bilge main, with a capacity of not less than 25 gallons per minute. Said bilge pump may be driven off the main engine or other source of power and must be fitted with a suitable strainer to prevent the entry of foreign matter clogging the suction side.
(12)Vessels authorized to carry 100 or more passengers must be equipped with a self-priming power fire pump, permanently connected to the fire main and of such size as to discharge an effective stream from a hose connected to the highest outlet. The power fire pump may be driven off the propulsion engine or other source of power. If of sufficient size, this pump may also be connected to the bilge system provided the suction side is fitted with a suitable strainer to prevent the entry of foreign matter clogging the intake of the pump. There shall be a sufficient number of fire main hydrants, each equipped with a length of hose and so located that any portion of the vessel may be reached with an effective stream of water. The fire hose shall be of such strength as to withstand a pressure of at least 75 pounds to the square inch. The hose shall be in sections of not less than 25 feet and not more than 50 feet in length, with fittings of brass or other corrosion resistant metal. All fire main piping, valves and fittings shall be in accordance with good marine practice and suitable for the purpose intended.
(13)A vessel station bill, setting forth the exact duties of each member of the crew during fire or other emergency. (Required only on vessels with a crew of three or more persons.)
(14)The inspector may require the installation of an approved fixed fire extinguishing system in lieu of, or in addition to, the power fire pump required in paragraph (12) of this subdivision (d).

Former section numbers

9 NYCRR 449.4
The State's compiled source lists this section only as [Renumbered]. LawEngine treats it as a status flag, not current operative rule text.
9 NYCRR 449.5
The State's compiled source lists this section only as [Renumbered]. LawEngine treats it as a status flag, not current operative rule text.
9 NYCRR 449.6
The State's compiled source lists this section only as [Renumbered]. LawEngine treats it as a status flag, not current operative rule text.
9 NYCRR 449.7
The State's compiled source lists this section only as [Renumbered]. LawEngine treats it as a status flag, not current operative rule text.
9 NYCRR 449.8
The State's compiled source lists this section only as [Renumbered]. LawEngine treats it as a status flag, not current operative rule text.

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