CHAPTER 95. MANUFACTURER INSTALLED
EQUIPMENT

 (a)  A boat subject to the code, construction of which commenced on or after November 1, 1972, may not be sold or offered for sale in this Commonwealth which does not have affixed by the manufacturer a label certifying that the boat and associated equipment complies with the safety standards promulgated by the United States Coast Guard in effect on the date construction or assembly began. The label shall be of the construction, contain the information and be affixed in the manner as required by the Coast Guard.

 (b)  Boats built after November 1, 1972, and required to have a Manufacturer Certification of Compliance Label as required by subsection (a) shall be maintained so that the boat and associated equipment and systems remain in good and operable condition and continue to meet the standards for the equipment promulgated by the United States Coast Guard.

 A person may not remove the label, or delete or alter the information required on that label affixed by the manufacturer, unless authorized in writing by the Commission.

 (a)  General rule. A boat from sunset to sunrise and during periods of restricted visibility shall carry and exhibit the lights prescribed by the Inland Navigation Rules Act of 1980 (33 U.S.C.A. § §  2001—2073). A boat owner may elect to carry and exhibit the lights prescribed by the International Rules in lieu of the Inland Rules but,in that event, the boat owner shall comply in all respects with those standards. See Appendix A.

 (b)  Boats less than 12 meters (39 feet 4.4 inches) in length while underway.

   (1)  Motorboats and sailboats using power may use the lighting arrangement in Appendix A, Figure 1, 2 or 3.

   (2)  Sailboats using sail alone may use the lighting arrangement in Appendix A, Figure 4, 5 or 6.

   (3)  A motorboat or sailboat using power underway on the Great Lakes may use the lighting arrangement in Appendix A, Figure 7D instead of the arrangements in Appendix A, Figure 1 and 2.

   (4)  A sailboat using sail alone, less than 7 meters (22 feet 11.6 inches) in length if impractical to display lights in Appendix A, Figure 4, 5 or 6, may display a single white light in time to prevent a collision. See Appendix A, Figure 7C.

 (c)  Boats 12 meters (39 feet 4.4 inches) but less than 20 meters (65 feet 7.4 inches) in length while underway.

   (1)  Motorboats and sailboats using power may use the lighting arrangements in Appendix A, Figure 1 or 2.

   (2)  Sailboats using sail alone may use the lighting arrangement in Appendix A, Figure 4, 5 or 6.

 (d)  Rowing or paddle boats while underway. One hand held or permanent all-around white light shall be ready to display in time to prevent a collision. Appendix A, Figure 7, A or B.

 (e)  Boat at anchor.

   (1)  A boat must display anchor lights when it is anchored where other vessels normally navigate. See Appendix A, Figure 7E.

   (2)  Exception: Anchor lights are not required on boats anchored in special anchorage areas.

 (f)  Locations of lights. Lights shall be located and have the characteristics as shown in Appendix A.

   (1)  The masthead light (forward white light in Appendix A, Figures 1, 2 and 7D) shall be at least 1 meter (3 feet 3.4 inches) higher than the colored lights on a boat less than 12 meters (39 feet 4.4 inches) and at least 2.5 meters (8 feet 2.4 inches) above the gunwale on a boat 12 meters (39 feet 4.4 inches) in length but less than 20 meters (65 feet 7.4 inches) in length. The after masthead light (Appendix A, Figure 1 only), if used, shall be higher than the forward masthead light so as to be seen as a separate, distinct light at a distance of 1,000 meters (1,093 yards 1.8 feet) ahead of the boat.

   (2)  The all-around white lights shown in Appendix A, Figures 3 and 7D shall be 1 meter (3 feet 3.4 inches) higher than the colored lights.

   (3)  An anchor light shall be displayed where it can best be seen.

   The provisions of this §  95.3 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795; amended April 19, 1996, effective April 20, 1996, 26 Pa.B. 1822; amended September 25, 1998, effective September 26, 1998, 28 Pa.B. 4789. Immediately preceding text appears at serial pages (213846) to (213847).

 The Commission will consider for approval as special anchorage areas areas in which the United States Coast Guard is not interested. These special areas shall be clear of well defined channels, particularly channels used by deep draft commercial boats, and they shall be marked sufficiently to warn an approaching boat of the presence of anchored or moored boats. In certain cases, lighted buoys may be used to mark offshore extremities. Shoreside lights used to illuminate moored boats shall be screened so that the operator of an approaching boat is not blinded.

 (a)  Motorboats, except open boats, which have been constructed since April 25, 1940, and which use fuel having a flash point 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 extending from the lower portion of the bilge to the open atmosphere and at least one intake duct installed extending 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 to prevent displaced fumes from recirculating.

 (b)  As used in this section, ‘‘open boats’’ means motorboats with engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from those compartments may flow, open to the atmosphere and arranged to prevent the entrapment of the gases and vapors within the boat. A compartment is to be considered open only if fumes cannot be entrapped. The following conditions shall be met to consider a boat open:

   (1)  The engine and fuel tank compartments shall have as a minimum 15 square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume.

   (2)  Compartments shall have at least 1 square inch of open area per cubic foot, within 1 inch of the compartment bilge level or floor, so that vapors will drain into open areas.

   (3)  There may be no long or narrow unventilated spaces accessible from the compartments in which a flame front could propagate.

   (4)  Long, narrow compartments, such as side panels, if joining engine or fuel compartments and not serving as ducts thereto, shall have at least 15 square inches of open area per cubic foot provided by frequent openings along the full length of the compartment formed.

 (c)  Boats built after July 31, 1978, are excepted from subsection (a) for fuel tank compartments that contain the following:

   (1)  A permanently installed fuel tank if each electrical component is ignition protected in accordance with applicable United States Coast Guard manufacturer’s standards in effect at the time of construction.

   (2)  Fuel tanks that vent to the outside of the boat.

 (d)  Boats built after July 31, 1980, or which are in compliance with United States Coast Guard manufacturer’s standards in effect at the time of construction are excepted from these requirements.

   The provisions of this §  95.5 amended June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795. Immediately preceding text appears at serial page (147849).

 (a)  Gasoline engines, except outboard motors, shall be equipped with an acceptable means of backfire flame control. Installations consisting of a backfire flame arrestor bearing basic United States Coast Guard Approval Numbers 162.016 or 162.041 or engine air and fuel induction systems bearing basic United States Coast Guard Approval Numbers 162.15 or 162.42 may be continued in use as long as they are serviceable and in good condition. New installations or replacements shall meet the requirements of this section.

 (b)  The following are acceptable means of backfire flame control for gasoline engines:

   (1)  A backfire flame arrestor complying with SAE J-1928 or UL 1111 and marked accordingly. The flame arrestor shall be suitably secured to the air intake with a flame tight connection.

   (2)  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 arrestor. A gasoline engine utilizing an air and fuel induction system, and operated without an approved backfire flame arrestor, shall either include a reed valve assembly or be installed in accordance with SAE J-1928.

   (3)  An arrangement of the carburetor or engine air induction system that will disburse flames caused by engine backfire. The flames shall be disbursed to the atmosphere outside the vessel so that the flames will not endanger the vessel, persons onboard or nearby vessels and structures. Flame dispersion may be achieved by attachments to the carburetor or location of the engine induction system. Attachments shall be of metallic construction with flame tight connections and firmly secured to withstand vibration, shock and engine backfire. Installations do not require formal approval and labelling but shall comply with this section.

 (c)  Flame arrestors shall have tight connections and clean elements and may have no separation of grid elements which would permit flames to bypass the grid elements.

   The provisions of this §  95.6 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

 (a)  A person who builds a boat for his own use shall identify the boat with two hull identification numbers that meet the requirements of this section.

 (b)  Persons who are required to identify boats under subsection (a) shall obtain the required hull identification number from the Commission. Application shall be made on forms provided by the Commission.

 (c)  Two identical hull identification numbers are required to be displayed on each boat hull. The first hull identification number shall be affixed as follows:

   (1)  On boats with transoms, to the starboard side of the transom within 2 inches of the top of the transom gunwale or hull/deck joint, whichever is lowest.

   (2)  On boats without transoms or on boats on which it would be impractical to use the transom, to the starboard outboard side of the hull, aft, within 1 foot of the stern and within 2 inches of the top of the hull side, gunwale or hull/deck joint, whichever is lowest.

   (3)  On catamarans and pontoon boats which have readily replaceable hulls, to the aft crossbeam within 1 foot of the starboard hull attachment.

   (4)  If the hull identification number would not be visible because of rails, fittings or other accessories, the number shall be affixed as near as possible to the location specified in paragraph (1).

 (d)  The duplicate hull identification number shall be affixed in an unexposed location on the interior of the boat or beneath a fitting or item of hardware.

 (e)  Each hull identification number shall be carved, burned, stamped, embossed, molded, bonded or otherwise permanently affixed to the boat so that alteration, removal or replacement would be obvious. A hull identification number may not be attached to parts of the boat that are removable.

 (f)  The character of each hull identification number may not be less than 1/4 of an inch high.

 (g)  A person may not remove or alter a number required by this section or 33 CFR 181.23 (relating to hull identification numbers required) unless authorized by the Executive Director.

 (a)  On waters of this Commonwealth, boats which have toilet facilities (a head) permanently installed shall be equipped with a United States Coast Guard certified Marine Sanitation Device (MSD), designed to receive, retain, treat or discharge human body wastes in accordance with applicable Federal requirements. This section applies only to boats equipped with permanently installed toilet facilities and does not require the installation of this type of facility in boats not already so equipped.

 (b)  A no-discharge type MSD, Type III or a Type I or II secured against discharge is required in boats operated on no-discharge waters. No-discharge waters are fresh waters not open to interstate passage of any type boats which might have marine toilets installed. All sole Commonwealth waters, including Federal impoundments are no-discharge waters. A boat equipped with a flow-through MSD, Type I or Type II, which has been secured by a locked shut-off valve, broken line or blanked-off hull opening to prevent overboard discharge shall be considered equipped with a no-discharge type MSD.

 (c)  A flow-through type MSD, Type I or Type II, as well as, equipment allowed on no-discharge waters may be used in boats operated on treated discharge waters. These are waters open to interstate navigation by the type boat here involved. These waters include the major rivers, Allegheny Reservoir, Youghiogheny Reservoir and Lake Erie.

 (d)  The use of portable toilets that can be emptied ashore in regular sewage treatment systems is entirely within the spirit and letter of this subpart and is encouraged.

 (e)  If the MSD was manufactured after January 30, 1976, proof of its being certified by the United States Coast Guard will be evidenced by its label.

 The Executive Director may waive or modify the equipment requirements of this chapter when a person seeks permission to operate small boats in a restricted area exclusively controlled by the person. The person or his agent shall request the waiver or modification in writing and furnish substantial justification to show that the public safety is not lessened by the action. Action by the Executive Director will be construed as temporary, pending review by the Boating Advisory Board and the action by the Commission at its next regular scheduled meeting.

   The provisions of this §  95.9 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

   The provisions of this Appendix A adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.

   This appendix cited in 58 Pa. Code §  95.3 (relating to lights for boats).