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OREGON STATE MARINE BOARD

 

DIVISION 10

STATEWIDE RULES

250-010-0010

Definitions

As used in OAR Chapter 250, unless otherwise required by context:

(1) "Board" means the Oregon State Marine Board.

(2) "Boat Livery" means a person, persons, or a business establishment engaged in renting or hiring out boats for profit.

(3) "Float Tube" means a manufactured floating device constructed of canvas, nylon or other similar material encasing an inner tube capable of supporting one person sitting inside with their legs dangling below the vessel, used as a means of transportation on the water. Single float tubes are boats as defined in ORS 830.005(2) and if powered by machinery, single float tubes are motorboats as defined in ORS 830.005(5) and subject to numbering according to OAR 250-010-0040.

(4) "Operator" means the person who operates or who has charge of the navigation or use of a boat.

(5) "Person" means an individual, partnership, firm, corporation, association, or other entity.

(6) "Person on Board" means every person being carried on board or being towed by a vessel.

(7) "Propel" means but is not limited to floating, rowing, paddling, sailing or otherwise operating a boat (as defined in ORS 830.005), a vessel or ship.

(8) "Ship's Lifeboats" means lifeboats used solely for lifesaving purposes and does not include dinghies, tenders, speedboats, or other types of craft carried aboard a vessel and used for other than lifesaving purposes.

(9) "Undocumented Vessel" means any vessel which is not required to have, or does not have, a valid marine document issued by the U.S. Coast Guard.

(10) "Underway" means when a boat is not at anchor, or moored, or made fast to the shore, or aground.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 1, f. 2-4-60; MB 10, f. 11-14-61; MB 24, f. 3-13-64; MB 4-1982, f. & ef. 6-1-82; MB 21-1983, f. 11-29-83, ef. 12-1-83; MB 1-1992, f. & cert. ef. 3-13-92; MB 2-1996, f. & cert. ef. 2-13-96; MB 4-1996, f. & cert. ef. 4-12-96

250-010-0025

Basic Rule for "Slow-No Wake"

(1) No person shall operate a boat on the waters of this state in excess of a "Slow-No Wake", maximum 5 MPH speed within 200 feet of a boat launch ramp, marina with a capacity for six or more moored vessels, floating home/boathouse moorage with six or more contiguous structures, and locations where persons are working at water level on floats, logs or waterway construction.

(2) Section (1) of this rule does not apply to commercial vessels or vessels engaged in navigation on rivers where a speed in excess of 5 MPH is needed to ensure safe passage.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 9-1988, f. & cert. ef. 1-27-88; MB 1-1996, f. & cert. ef. 2-13-96

250-010-0030

Application for Certificate of Number and Title

(1) The application shall be made on a form furnished by the Board and mailed direct to the Board or presented to an appointed agent of the Board, together with the required fee.

(2) The application shall be available at the office of the Board, appointed agents of the Board, boat dealers, sheriffs, and Motor Vehicle Licensing offices.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 1, f. 2-4-60; MB 24, f. 3-13-64

250-010-0040

Oregon Boat Numbering System

(1) The numbering system adopted for use in the State of Oregon shall consist of the State Designator (OR)followed by the maximum of three digits and three letters. The letters "O", "I", and "Q" and offensive combinations shall not be used.

Examples: -1- OR-1-AA through OR-999-AA

-2- OR-1-AB through OR-999-AB

-3- OR-1-AAA through OR-999-AAA

(2) Significant numbers are as follows:

(a) State-owned Boats: OR-1-XX through OR-999-XX;

(b) County-owned Boats: OR-1-XC through OR-999-XC;

(c) County-owned Law Enforcement Boats: OR-1-XCX through OR-999-XCX;

(d) Eleemosynary organizations Boats: OR-1-XE to OR-999-XE;

(e) Municipality-owned Boats: OR-1-XM through OR-999-XM;

(f) Dealers numbers: OR-1-DR through OR-999-DR.

(3) These numbers shall be placed on each side of the forward half of the vessel in such a position as to provide clear legibility for identification The numbers shall read from left to right and shall be in block characters of good proportion not less than three inches in height. The numbers shall be of a color which will contrast with the color of the background and so maintained as to be clearly visible and legible; i.e., dark letters on a light background, or light letter on a dark background.

(4) With each Certificate of Number issued by the Board there shall be issued a set of 3" by 3" validation decals. The decals shall be placed on each side of the vessel, three inches aft (towards the stern) and directly in line with the registration numbers.

(5) Documented vessels issued a certificate of registration and validation decal under ORS 830.775, shall display the decals on both sides of the aftermost part of the hull in the upper, square foot, below the deckline.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 1, f. 2-4-60; MB 10, f. 11-14-61; MB 24, f. 3-13-64; MB 20-1985, f. & ef. 11-22-85; MB 1-1992, f. & cert. ef. 3-13-92; OSMB 4-2002, f. & cert. ef. 7-5-02

250-010-0051

Definition of "Operate" and "Otherwise Use a Boat on Water".

(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
Hist.: OSMB 5-2002, f. 10-15-02, cert. ef. 11-1-02

250-010-0053

Safety Inspections

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:
Hist.: OSMB 1-2004, f. & cert. ef. 5-11-04

250-010-0055

Certificates of Boat Title

(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.

(b) The Board at its discretion may inspect any boat before issuing an Oregon title.

(3) When an application for a certificate of boat title indicates that the legal owner of the boat is other than the principal owner, the title must be mailed to the legal owner.

(4) An application to replace a lost boat title may be made to the Board. A lost boat title must be issued to the title owners indicated in the Board's records, unless a notarized transfer of title signed by the previous title owners has been submitted in connection with the lost title application.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 1, f. 2-4-60; MB 8, f. 6-30-61; MB 10, f. 11-14-61; MB 12, f. 3-27-62; MB 24, f. 3-13-64; Suspended by MB 9-1983(Temp), f. 11-29-83, ef. 12-1-83; MB 3-1984, f. & ef. 1-5-84; MB 5-1997, f. & cert. ef. 5-30-9; OSMB 4-2006, f. & cert ef. 7-3-06; OSMB 9-2007, f. & cert. ef. 7-2-07

250-010-0057

Issuance and Duplication Fees

(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.

(2) Fees for duplication of certificate of number, certificate or registration and/or duplication of validation stickers -- $10. The agency shall waive the fee for duplicate decal if the original decal issued is found to be defective.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110 & 830.820
Hist.: MB 19-1983, f. 11-29-83, ef. 12-1-83; OSMB 1-2002, f. 4-15-02 cert. ef. 6-1-02; OSMB 6-2002, f. & cert. 10-15-02; OSMB 1-2005, f. & cert. ef. 1-20-05

250-010-0058

Refunds

(1) Pursuant to ORS 293.445(4), the Board will refund amounts more than $7 when it determines that moneys have been received in excess of the amount legally due the Board.

(2) If the refund amount owed is $7 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 & ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 9-1986, f. 7-28-86, ef. 8-1-86; OSMB 1-2002, f. 4-15-02 cert. ef. 6-1-02

250-010-0059

Reinstatement Fee

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
Hist.: MB 1-1992, f. & cert. ef. 3-13-92

250-010-0060

Report of Transfer, Abandonment or Wrecking of a Boat, Change of Address, Late Penalty Fees

(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.

(5) Examples of situations the Board shall consider to be beyond a person's control include but shall not be limited to where:

(a) The person is involved in an accident or suffers a debilitating illness, condition or occurrence immediately following the purchase of the vessel that prevents this person from conducting business for an extended time period following vessel purchase;

(b) The vessel is purchased from a person who fails to provide the purchaser with the title or replacement title.

(6) Examples of situations the Board would not consider to be beyond a person's control include but shall not be limited to situations where the:

(a) Applicant purchases a vessel and the seller provides the title or replacement title to the purchaser within 25 days of the sale;

(b) The applicant made no attempt to obtain the title or replacement title from the seller;

(c) Applicant sustained minor injury, or incurred a short-term hospital stay which did not directly affect their ability to conduct business or to otherwise comply with requirements for delivery of documents.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110 & ORS 830.905
Hist.: MB 1, f. 2-4-60; MB 17-1987, f. 11-4-87, ef. 1-1-88; MB 8-1992, f. & cert. ef. 6-16-92

250-010-0065

County Use Permit Programs

(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.

(5) Administration. The proposed ordinance shall also prescribe where permits will be available, proper display of permits, exemptions to permits as set forth in ORS 830.172, permit expiration, and transferability of permits.

(6) Enforcement. The county ordinance shall contain a penalty section for violations, and shall state that county sheriffs and other peace officers are authorized to enforce the provisions of the use permit system.

(7) The permit system shall clearly identify that Oregon residents with current Oregon registrations are exempt from the county use permit. Manually propelled vessels are also exempt. The permit system shall exempt the Snake River and its reservoirs where such waters form a common border with the State of Idaho, provided that Idaho provides reciprocity on these waters and exempts Oregon vessels on those common waters.

(8) The county permit system ordinance shall provide reciprocity with other Oregon counties that require out-of-state boat use permits.

Stat. Auth.: ORS 830.110 & ORS 830.172
Stats. Implemented: ORS 830.172 & ORS 830.200
Hist.: MB 1-1993, f. & cert. ef. 1-15-93

250-010-0075

Boating Safety/Education Assistance Program

(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.

(4) An annual allotment of funds is available each biennial period as prescribed by the Board Proposals requesting more than the amounts prescribed may be considered on a case-by-case basis based on available funds.

(A) Only items approved by the Marine Board Director or designee and identified in the scope of work from the recipient’s finalized contract’s itemized cost estimates or amendments are eligible for funding. Eligible project costs are those identified specifically with and charged directly to a particular scope item.

(B) In determining approval, Marine Board staff will give priority to those applicants providing their program or services free to the general public.

(C) Applications for funding are accepted, reviewed and considered on an annual basis set by the Board. Applicants should contact the Agency for program application deadlines and availability of funds.

(D) The Board requires projects or programs to be completed within the timeframe set by the Board. Under extraordinary circumstances, the Marine Board Director or designee may authorize project extensions up to ninety (90) days.

(5) Each approved project must clearly acknowledge the use of Marine Board funds. This will be done as appropriate in print or by sign.

Stat. Auth.: ORS 830.110
Stats. Implemented:
Hist.: OSMB 14-2007(Temp), f. & cert. ef. 12-10-07 thru 5-31-08; OSMB 2-2008, f. 4-11-08, cert. ef. 5-1-08

250-010-0085

Capacity Plates

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
Hist.: MB 38, f. 1-18-68; MB 13-1997, f. & cert. ef. 12-5-97

250-010-0095

Application for Marine Events

(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
Hist.: MB 7-1982, f. 10-13-82, ef. 10-15-82

250-010-0097

Application for Special Use Device Permits

(1) For the purpose of this rule the term Special Use Device includes waterski courses, ski jumps, race buoys, kayak race gates and other floating devices used to mark water events. These rules apply to all of the waters of this state.

(2) An individual or organization planning to install a special use device on the waters of this state shall submit a completed application for a special use device permit to the Marine Board at least 30 days before an anticipated installation.

(3) Exemptions. Devices installed in conjunction with an authorized marine event do not require a separate permit other than the permit by ORS Chapter 830 and OAR 250-010-0095. Devices installed for private non-commercial use are permitted for a period up to 12 hours, between sunrise and sunset, without a permit, provided the device is removed before sunset.

(4) The application shall be in such form as required by the Board. The applicant must furnish information on the type of device, dates of installation and proposed use, a description of the location including maps sufficient to locate the planned placement of the device, information identifying adjacent property owners by name and address, and other information deemed necessary by the Board.

(5) The Marine Board will circulate a notice of the proposed installation for public comment and review. Particular notice will be provided to adjacent landowners, the county sheriff and other interested parties. A hearing on the proposed device installation may be held if requested.

(6) The State Marine Director shall evaluate the application and consider public comments in deciding whether to issue a permit. The Director shall consider the size of the waterbody, season of use, probable impacts to adjacent properties, potential for use conflicts and other factors related to the public health, safety and welfare.

(7) The Director may condition permits as to days and hours of operation, anchoring materials and methods, special lighting requirements if any, and other requirements as necessary

(8) The applicant or other affected parties may appeal the decision of the Director to the Board. Requests for Board review must be in writing within 30 days of the Directors decision on a permit.

(9) A special use permit does not authorize Marine Events. A separate permit is required if a permitted special use device is to be used for a boat race, regatta, tournament or exhibition.

(10) A Marine Board special use permit does not relieve the applicant from other federal, state or local permits, licenses, or approval which may be required.

(11) Permits may be valid for a period up to three years. The permit may be revoked or cancelled for violation of permit conditions, complaints regarding use by the public or county sheriff, or a request by ten or more persons.

(12) The Permittee shall be responsible for ensuring the safety of the proposed device area and keep it clear of debris, obstructions and other elements that constitute a safety hazard. A special device permit shall not give the permittee exclusive use of the waters of the state in the permit area.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 3-1988, f. 4-21-88, cert. ef. 5-15-88

250-010-0110

Investigation of Accidents

((1) The operator of any boat involved in an accident resulting in an injury or death to any person shall within 48 hours forward a complete written report of such accident to the Board on a State Marine Board Accident Report form.

(2) Accidents involving only property or equipment damage must be reported within ten days if the damage is in excess of $2000. Forms may be obtained from the State Marine Board or the local sheriff.

(3) Upon receipt of an accident report indicating the death of any person as the result of the accident, the Director of the Board, or a person designated by him, may investigate the accident and prepare an accident report which will be for the confidential use of administrative and enforcement agencies only.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.475
Hist.: MB 8, f. 6-30-61; MB 7-1983, f. 11-29-83, ef. 12-1-83; MB 2-1989, f. & cert. ef. 7-6-89; MB 1-1990, f. & cert. ef. 1-23-90; MB 3-1991, f. & cert. ef. 10-15-91; OSMB 9-2001, f. & cert. ef. 10-29-01

250-010-0121

Mufflers

(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) No person shall operate a motorboat on the waters of this state that exceeds a noise level as follows:

(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;

(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.

(3) This regulation shall not apply to motor-boats competing, under a permit issued by the State Marine Board pursuant to ORS 830.375 or a United States Coast Guard permit, in a regatta, a boat race, or while on official trials for speed records during the time and in a designated area authorized by the permit; and those boats testing in areas designated by the State Marine Board pursuant to ORS 830.350.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 830.110, ORS 830.250 & ORS 830.260
Stats. Implemented: ORS 830.260
Hist.: MB 51, f. 5-3-73, ef. 5-15-73; MB 2-1980, f. 4-23-80, ef. 5-1-80; MB 9-1981, f. & ef. 11-16-81; MB 14-1992, f. & cert. ef. 11-24-92

250-010-0122

Carburetors

(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.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 830.110, ORS 830.235 & ORS 830.250
Stats. Implemented: ORS 830.110 & ORS 830.235
Hist.: MB 52, f. 8-17-73, ef. 9-1-73; MB 15-1992, f. & cert. ef. 11-24-92

250-010-0125

Ventilation

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.

(b) Each exhaust blower or combination of blowers must be rated at an air flow capacity not less than that computed by the formulas given in Table 1 – Column 2. Blower rating must be determined according to AMCA Standard 210-74, Figure 12, dated 1974, or UL Standard 1128 dated August 23, 1977;

(c) Each exhaust blower system required by paragraph (1)(a)(B) of this rule must exhaust air from the boat at a rate which meets the requirements of Table 1 – Column 3 when the engine is not operating;

(d) Each intake duct for an exhaust blower must be in the lower one-third of the compartment and above the normal level of accumulated bilge water;

(e) More than one exhaust blower may be used in combination to meet these requirements;

(f) Each boat that is required to have an exhaust blower must have a label that:

(A) Is located as close as practicable to each ignition switch;

(B) Is in plain view of the operator; and

(C) Has at least the following information:

WARNING -- GASOLINE VAPORS CAN EXPLODE. BEFORE STARTING ENGINE OPERATE BLOWER FOR 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGE FOR GASOLINE VAPORS.

(2) Natural ventilation system:

(a) Except for compartments open to the atmosphere, a natural ventilation system that meets the requirements of paragraphs (2)(c)(A) and (B) of this rule must be provided for each compartment in a boat that:

(A) Contains a permanently installed gasoline engine;

(B) Has openings between it and a compartment that requires ventilation where the aggregate area of those openings exceeds two percent of the area between the compartments;

(C) Contains a permanently installed fuel tank and an electrical component that is not ignition protected in accordance with existing U.S. Coast Guard regulations;

(D) Contains a fuel tank that vents into that compartment; or

(E) Contains a non-metallic fuel tank with an aggregate permeability rate of more than the greater of 1.2 grams of fuel loss in 24 hours, or 1.2 grams of fuel loss in 24 hours per cubic foot of net compartment volume (Permeability Rate -- reference: fuel "C" at 40° C. plus or minus 2° C. from ASTM Standard D-241, dated April 1975).

(b) Each natural ventilation system must be constructed so that:

(A) Each supply opening required is forward facing and located on the exterior surface of a boat; or

(B) Air flow will occur into or out of the supply or exhaust openings when the boat is in a wind flowing from bow to stern at a velocity of ten miles per hour (boat's engine not operating).

(c) For the purpose of this section "natural ventilation" means an airflow in a boat compartment achieved by having:

(A) A supply opening or duct from the atmosphere or from a ventilated compartment or from a compartment that is open to the atmosphere; and

(B) An exhaust opening into another ventilated compartment or an exhaust duct to the atmosphere.

(d) Each exhaust opening or exhaust duct must originate in the lower third of the compartment;

(e) Each supply opening or supply duct and each exhaust opening or exhaust duct in a compartment must be located above the normal accumulation of bilge water.

NOTE: Except as provided in subsection (f) of this section, supply openings or supply ducts and exhaust opening or exhaust ducts must each have a minimum aggregate internal cross-sectional area calculated as follows: A = 5 in. (V/5): where:

(A) "A" is the minimum aggregate internal cross-sectional area of the openings or ducts in square inches;

(B) "V" is the net compartment volume in cubic feet, including the net volume of other compart-ments connected by openings that exceed two percent of the area between the compartments; and

(C) In (V/5) is the natural logarithm of the quantity (V/5).

(f) The minimum internal cross-sectional area of each supply opening or duct and exhaust opening or duct must exceed 3.0 square inches;

(g) The minimum internal cross-sectional area of terminal fittings for flexible ventilation ducts installed to meet the requirements of subsection (2)(d) of this rule must not be less than 80 percent of the required internal cross-sectional area of the flexible ventilation duct.

(3) Nothing in this rule shall apply to:

(a) Boats of open construction having at least 15 square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume;

(b) An accommodation compartment above a compartment requiring ventilation that is separated from the compartment requiring ventilation by a deck or other structure.

[ED. NOTE: The Table(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency]

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.240
Hist.: MB 37, f. 1-16-68; MB 1-1981, f. & ef. 3-3-81

250-010-0150

Exemptions

(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 provisions of ORS 830.220 and 830.230 shall 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.

(3) Boats classified as "University or College" racing shells which compete in intercollegiate crew races shall be exempt from the requirements of carrying life-saving devices.

(4) The Lightship Columbia shall be exempt from the numbering and titling requirements of ORS Chapter 830.

(5) 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.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110 & 830.175
Hist.: MB 7, f. 8-19-60; MB 8, f. 6-30-61; MB 11, f. 11-14-61; MB 24, f. 3-13-64; MB 33, f. 3-30-67; MB 10-1984, f. 8-13-84, ef. 8-14-84; OSMB 5-2012, f. & cert. ef. 4-20-12

250-010-0152

Use of Sirens Prohibited by Other Than Expressly Authorized Peace Officers

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
Hist.: MB 8, f. 6-30-61

250-010-0154

Personal Flotation Devices

(1) No person shall operate a boat on the waters of this state unless at least one Personal Flotation Device (PFD) of the following types is on board for each person:

(a) Type I PFD;

(b) Type II PFD;

(c) Type III PFD.

(2) No person shall operate a boat 16 feet or more in length unless one Type IV PFD is on board in addition to the total number of PFD's required in section (1) of this rule.

(3) No person shall operate a boat on the waters of this state with a child age 12 and under, unless the child is wearing a U.S. Coast Guard approved personal flotation device, of the appropriate size, while the boat is underway. For the purpose of ORS 830.215, a personal flotation device shall not be considered "readily accessible" for children age 12 and under unless the device is worn while the boat is underway. The PFD must be worn at all times by a child age 12 and under whenever the boat is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted:

(a) While the child is below deck, or in the cabin of a boat with enclosed cabin.

(b) While a child is on a sailboat and tethered by means of a lifeline or harness attached to the sailboat.

(c) While a child is on a U.S. Coast Guard inspected passenger-carrying vessel operating on the navigable waters of the United States.

(4) A Type V PFD may be carried in lieu of any PFD required in section (1) of this rule provided:

(a) The approval label on the Type V PFD indicates that it is approved for the activity in which the vessel is being used, or that it is approved as a substitute for a PFD of the Type required on the vessel in use;

(b) The PFD is used in accordance with any requirements on the approval label; and

(c) The PFD is used in accordance with requirements in its owner's manual, if the approval label makes reference to such a manual.

(5) Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional Type IV PFD.

(6) Racing shells, rowing sculls, racing canoes and racing kayaks are exempted from the requirements for carriage of any Type PFD. Racing shells, rowing sculls, racing canoes, and racing kayaks are manually propelled vessels that are recognized by national or international racing associations for use in competitive racing an in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and are not designed to carry and do not carry any equipment not solely for competitive racing.

(7) PFD is defined as follows:

(a) Type I -- A Type I PFD is an approved device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position, and to have more than 20 pounds of buoyancy;

(b) Type II -- A Type II PFD is an approved device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy;

(c) Type III -- A Type III PFD is an approved device designed to keep a conscious person in a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy;

(d) Type IV -- A Type IV PFD is an approved device designed to be thrown to a person in the water and not worn. It is designed to have at least 16.5 pounds of buoyancy;

(e) Type V -- A Type V PFD is an approved device for restricted use. A Type V PFD may be carried in lieu of any PFD, but only if that Type V PFD is approved for that activity in which the recreational boat is being used.

(8) No person shall operate a personal watercraft, as defined in OAR 250-021-0020, unless each person operating or riding on the vessel is wearing an inherently buoyant Coast Guard approved Type I, II or III PFD, (see 250-021-00030(1)).

(9) Exemptions:

(a) Sailboards are exempted from the requirements for carriage of any Type PFD.

(b) Float tubes as defined in OAR 250-010-0010 are exempted from the requirements for carriage of any Type PFD.

(10) Personal Flotation Device Requirements for Class III or Higher Water:

(a) A properly secured personal flotation device must be worn by persons in a boat while navigating sections of river with a commonly accepted scale of river difficulty rated Class III or higher.

(b) The personal flotation devices worn by boaters must:

(A) Be approved by the U.S. Coast Guard as a Type I, III, or V personal flotation device.

(B) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers.

(C) Not be an inflatable personal flotation device regardless of rating type.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830
Hist.: MB 8, f. 6-30-61; MB 18, f. 2-5-63; MB 54, f. 10-29-73, ef. 11-25-73; Suspended by MB 11-1983(Temp), f. 11-29-83, ef. 12-1-83; MB 2-1984, f. & ef. 1-5-84; MB 12-1988, f. 12-28-98, cert. ef. 1-1-89; MB 1-1995, f. 3-21-95, cert. ef. 5-1-95; MB 2-1996, f. & cert. ef. 2-13-96; MB 9-1997, f. & cert. ef. 10-8-97; MB 1-1998, f. 1-15-98, cert. ef. 2-14-98; OSMB 2-2010, f. & cert. ef. 1-15-10

250-010-0155

Fire Extinguishers

(1) Every motorboat, except outboard motorboats less than 26 feet in length of open construction, 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.

(b) Motorboats with a fixed extinguishing system in the machinery space and which are:

(A) Less than 26 feet -- No hand portable extinguisher required;

(B) Twenty-six feet or longer in length, but less than forty feet in length -- One extinguisher;

(C) Forty feet or longer in length -- Two extinguishers.

(2) The fire extinguishers required by this section are Class B-I as described in Title 46, Code of Federal Regulation, 25.30, however, one Class B-II described in that regulation may be substituted for two Class B-I extinguishers.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.220
Hist.: MB 17-1983, f. 11-29-83, ef. 12-1-83

250-010-0156

Sound Signaling Appliances

(1) A vessel of less than 39 feet 4 inches (12 meters) shall not be obliged to carry sound signaling appliances prescribed in section (2) of this rule, but if no such appliance is aboard then some other means of making an efficient sound signal shall be provided.

(2) A vessel of 39 feet 4 inches (12 meters) in length but less than 65 feet 6 inches (20 meters) shall be provided with a whistle and a bell. The whistle and the bell shall comply with the existing Federal specifications.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.230
Hist.: MB 18-1983, f. 11-29-83, ef. 12-1-83

250-010-0160

Board not to Approve Products of Manufacturers

The Marine Board will not endorse or approve the products of any individual or firm.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 5, f. 7-13-60

Uniform Waterway Marking System

250-010-0175

Definitions

(1) "Waterway Marker" is any device (except devices of the U.S. or an agency of the U.S.) 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".

(2) "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.

(3) "Sign" is any device for carrying a message which is attached to another object such as a piling, buoy, pier, or the land itself.

(4) "Display Area" the area needed for display of a waterway marker symbol such as a diamond, circle, or square.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 19, f. 2-20-63

250-010-0180

Waterway Markers Used on the Waters of This State Shall be as Follows

(1) 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.

(2) 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.

(3) A red and white vertically striped marker shall indicate the center of a navigable channel.

(4) Markers indicated in sections (1), (2), and (3) of this rule shall be used only to mark a clearly defined channel.

(5) A diamond shape of international orange with white center shall be used to indicate danger from natural or man-made hazard. The nature of the hazard may be indicated by words or well-known abbreviations in black letters inside the diamond shape, or above and/or below it on white background.

(6) A diamond shape of international orange with a cross of the same color within it against a white center shall be used to indicate a water zone where vessels may not enter. Any vessels to be permitted within the zoned area must be specifically designated on such markers in words or well-known abbreviations in black letters above and/or below the shape on white background.

(7) A circle of international orange with white center shall be used to indicate water zone within which a control or restriction is imposed upon operation of vessels and/or use of the zoned area. The nature of the control shall be indicated by words, numerals, or well-known abbreviations in black letters inside the circular shape, or above and/or below it.

(8) A rectangular shape of international orange with white center may be used to convey other information of an official nature which will contribute to the health, safety, and well being of boaters using the state's waters. The message will be presented within the shape in black letters.

(9) Markers may be numbered for identification. In the case of channel markers, red markers will be identified with even numbers and green markers with odd numbers. All numbers used to identify markers will be preceded by letters "OR".

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 19, f. 2-20-63; MB 7-1984, f. 2-14-84, ef. 2-15-84

250-010-0185

Buoys

(1) Signs may be mounted on the buoy as in the case of a fixed support, or the symbol may be placed on the face of the buoy itself.

(2) When a buoy is used to carry a marker symbol on its surface, it will be white, with bands of international orange at the top and bottom, above the water line. Each orange band will occupy approximately one fifth of the total area of the buoy above the water line.

(3) When a buoy is used to carry a sign above it, it will be marked with alternating bands of international orange and white, each band occupying approximately one fifth of the total area of the buoy above the water line, except where the sign itself incorporates these bands.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 19, f. 2-20-63

250-010-0190

Signs

When marker symbols are placed on signs, a white background may be used outside the symbol.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 19, f. 2-20-63

250-010-0195

Letter or Numeral Elements of Marker

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
Hist.: MB 19, f. 2-20-63

250-010-0200

Specifications for Water Markers

(1) The size of a display area shall be as required by circumstances, except that no display area shall be smaller than one foot in height. The size shall increase in increments of six inches; provided, however, that this specification for increase in increments shall not apply to markers in existence prior to enactment of this regulation.

(2) The thickness of the symbol outline shall be one tenth of the height of the display area.

(3) The outside width of the diamond, the inner diameter of the circle, and the average of the inside and outside width of a square shall be two thirds of the display area height.

(4) The sides of the diamond shall slope at a 35 angle from the vertical on a plane surface. Appropriate adjustments for curvature may be made when applied to a cylindrical surface.

(5) Materials: Waterway markers shall be made of materials which will retain, despite weather and other exposures, the characteristics essential to their basic significance, such as color, shape, legibility, and position.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 19, f. 2-20-63

250-010-0205

Mooring Buoys

In order that mooring buoys shall not be mistaken for navigational aids, 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
Hist.: MB 19, f. 2-20-63

250-010-0210

The "Divers" Flag

(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 know 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 support vessels 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
Hist.: MB 19, f. 2-20-63; MB 8-1983, f. 11-29-83, ef. 12-1-83; MB 11-1984, f. 8-13-84, ef. 8-14-84

Floating Home/Boathouse Registration and Titling System

250-010-0300

Definitions

(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
Hist.: MB 1-1978, f. & ef. 4-5-78; OSMB 9-2007, f. & cert. ef. 7-2-07

250-010-0310

Certificate of Registration and Title for a Floating Home or Boathouse

(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
Hist.: MB 1-1978, f. & ef. 4-5-78; Suspended by MB 10-1983(Temp), f. 11-29-83, ef. 12-1-83; MB 1-1984, f. & ef. 1-5-84

250-010-0315

Issuance and Duplication Fees

(1) Fees for title issuance and duplication shall be: Title original issuance, title change (requires reissuance) and title duplication with or without change when original has been lost, mutilated, destroyed or stolen (requires reissuance) -- $20.

(2) Fees for duplicate registration plate -- $20.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.870
Hist.: MB 20-1983, f. 11-29-83, ef. 12-1-83; MB 17-1987, f. 11-4-87, ef. 1-1-88

250-010-0320

Oregon Floating Home/Boathouse Registration Numbering System

(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.

(2) The title number will contain seven numeric characters preceded by an alpha letter upon issuance of the second title, beginning with the letter A and continuing through Z as subsequent titles are issued. TITLE NUMBERING EXAMPLES: Initial title 0000001 then A0000001 through Z9999999.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.870
Hist.: MB 1-1978, f. & ef. 4-5-78; OSMB 9-2007, f. & cert. ef. 7-2-07

250-010-0325

Report of Transfer, Abandonment, or Wrecking of Floating Home/Boathouse or Change of Address

(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.

(5) Examples of situations the Board shall consider to be beyond a person's control include but shall not be limited to where:

(a) The person is involved in an accident or suffers a debilitating illness, condition or occurrence immediately following the purchase of the vessel that prevents this person from conducting business for an extended time period following vessel purchase;

(b) The vessel is purchased from a person who fails to provide the purchaser with the title or replacement title.

(6) Examples of situations the Board would not consider to be beyond a person's control include but shall not be limited to situations where the:

(a) Applicant purchases a vessel and the seller provides the title or replacement title to the purchaser within 25 days of the sale;

(b) The applicant made no attempt to obtain the title or replacement title from the seller;

(c) Applicant sustained minor injury, or incurred a short-term hospital stay which did not directly affect their ability to conduct business or to otherwise comply with requirements for delivery of documents.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.710
Hist.: MB 1-1978, f. & ef. 4-5-78; MB 17-1987, f. 11-4-87, ef. 1-1-88; MB 8-1992, f. & cert. ef. 6-16-92

Boating Under the Influence of Intoxicants

250-010-0410

Definitions

"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
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95

250-010-0420

Officer Report

(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.

(2) The Board shall publish and distribute in such form and content as required, report forms specified in subsections (1)(a) and (b) of this rule.

Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented: ORS 830.520
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95

250-010-0430

Chemical Analyses

(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
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; OSMB 3-2001, f.& cert. ef. 3-29-01; OSMB 2-2011, f. 1-14-11, cert. ef. 2-1-11; OSMB 14-2011, f. & cert. ef. 11-1-11

250-010-0440

Qualifications and Training of Breath Test Equipment Operators

(1) No individual shall operate approved breath testing equipment to determine the alcohol content of the blood of a person in accordance with the provisions of ORS 830.535 unless that individual has been issued a permit to operate such equipment by the Oregon State Police or the Board.

(2) To qualify for training in the operation of approved breath testing equipment, an individual must be a police officer as defined under ORS 181.610 or a technician of the Marine Board, or a technician of the Oregon State Police.

(3) Upon request of the administrative head of a city, port or county law enforcement unit, as defined in ORS 181.610, the Oregon State Police, or the Board will provide training in the operation of approved breath test equipment for individuals qualified under OAR 250-010-0440.

(4) The Oregon State Police or the Board will provide a course of instruction as outlined in OAR 257-030-0160.

Stat. Auth.: ORS 830.110 & 830.505 - 830.550
Stats. Implemented: ORS 830.535
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95; OSMB 14-2011, f. & cert. ef. 11-1-11; OSMB 18-2011(Temp), f. & cert. ef. 12-22-11 thru 6-18-12; OSMB 7-2012, f. & cert. ef. 4-20-12

250-010-0470

Breath Testing Equipment Approval

Approval of any instrument or equipment to be used for the testing of a person's breath to determine the alcohol content of the blood may be issued by Department of State Police under ORS 813.160 as contained in OAR Chapter 257 Division 30 or as approved by the Board. The Board may use one of the following means:

(1) Submission by the manufacturer or distributor of the instrument of at least two reports of studies correlating blood analyses and breath tests performed with this instrument, conducted by two separate laboratories of governmental health or law enforcement agencies, or independent organizations, financially unrelated to the manufacturer or distributor of such instruments.

(2) Provision of a production model of the instrument by the manufacturer or distributor to the Board for a sufficient period of time to allow technicians to conduct sufficient investigation and laboratory tests to adequately ascertain its accuracy and repro-ducibility.

(3) Those instruments which have been found to conform to the model specifications for evidential breath testing devices set by the National Highway Traffic Safety Administration.

(4) Subsequent series of above instruments, so long as the subsequent changes and series do not diminish the instrument's ability to accurately determine blood alcohol content.

Stat. Auth.: ORS 830.110 & ORS 830.505 - ORS 830.550
Stats. Implemented: ORS 830.535
Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95

Offender Education Program Administration

250-010-0500

Offender Education Program Administration

(1) The following rules support the offender education program specified in ORS 830.110.

(2) The primary purposes of this program are:

(a) To provide information to the student concerning state and federal laws and regulations as they pertain to boat operation;

(b) To increase student awareness of basic boating safety considerations;

(c) To suggest reasons for the student to modify his/her attitude so as to decrease the probability of future violations or boating accidents.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92

250-010-0510

Definitions

As used in OAR 250-010-0520 through 250-010-0550:

(1) "NASBLA" means National Association of State Boating Law Administrators.

(2) "Board" means the State Marine Board.

(3) "Sponsoring Organization/Agency" means name of organization or agency that provides course and examination.

(4) "Official" means individual representing the organization which sponsors the course.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92

250-010-0520

Content

Content for boating offender education course must meet NASBLA education standards. This shall include but not be limited to courses taught by the United States Power Squadrons, United States Coast Guard Auxiliary and the State Marine Board.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92

250-010-0530

Implementation

The Board shall, upon agreement, make available a boating education course through those law enforcement agencies which are already under contract to the Board for law enforcement services.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92

250-010-0540

Fees

Fees for the course shall not exceed the expenses associated with providing the course.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92

250-010-0550

Qualified Courses

In order that the court may inform a student of the availability of boating education courses, the Board shall compile and maintain a list of qualified courses.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92

250-010-0560

Completion Certificate

(1) The certificate format will be made available by the Board to the organization sponsoring the course.

(2) Certificate for successful completion of the course shall include the name of the person passing the course, name of the sponsoring organization, official’s name, date of completion, and the court case number.

(3) Upon successful completion of the course, the defendant is responsible for sending the original copy of his/her certificate to the sentencing court.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 3-1992, f. & cert. ef. 3-13-92

Aquatic Invasive Species

250-010-0650

Aquatic Invasive Species Prevention Permit

(1) Definitions:

(a) “Manually powered boat” means any watercraft as defined in ORS 830.005(2), but not a motorboat as defined in 830.005(6).

(b) “Aquatic Invasive Species Prevention Permit” is an authorization issued by the Oregon State Marine Board (Board) or through designated agents that certifies payment to the Aquatic Invasive Species Prevention Fund.

(c) “Board” means the Oregon State Marine Board.

(d) “Valid temporary permit” means a temporary aquatic invasive species prevention permit generated from a person purchasing a permit from a designated Internet agent.

(e) “Eleemosynary” means an organization supported by gifts or charity which is operated primarily as a part of organized activities for the purpose of teaching youth’s scout craft, camping, seamanship, self-reliance, patriotism, courage and kindred virtues.

(2) Permit Rules:

(a) A person may not operate a manually powered boat that is 10 feet or more in length, or a motorboat of any length, or a sailboat 12 feet or more in length, on the waters of this state without first obtaining an aquatic invasive species prevention permit from the Board or designated agent.

(b) The aquatic invasive species prevention permit for manually powered boats may be issued as either an annual or biennial permit to be carried or otherwise displayed on the boat. The biennial permit is valid for two calendar years and will cost double the annual permit as described in ORS 830.570 and 830.575.

(c) The owner of a boat for which fees for a certificate of number or registration under ORS 830.790(1)(a)(b)(c) are required will pay an aquatic invasive species prevention permit surcharge of $5 per biennium at the time of boat registration.

(A) The registration validation stickers are in lieu of an Aquatic Invasive Species Prevention Permit.

(B) The validation stickers are non-transferable.

(d) Persons age 14 and older operating manually powered boats that are 10 feet or more in length shall have a valid aquatic invasive species prevention permit or valid temporary permit on board when the boat is in use on the waters of this state.

(e) Out-of-state motorboats and out-of-state sailboats 12 feet in length or more that are of the same boat category that would be required to be registered in Oregon per ORS 830.790, shall carry a non-resident aquatic invasive species prevention permit on board when in use on waters of the state.

(f) Boats required to carry permits must present their permit for inspection upon request by a law enforcement officer.

(A) Motor boats and sailboats 12 feet in length or more, registered in Washington or Idaho, that launch directly into waters that form a common interstate boundary, or launch in Oregon tributaries within one mile of these waters, that have a current boat registration, Coast Guard documentation, or an aquatic invasive species prevention permit issued by the States of Idaho or Washington, are exempt from the non-resident Oregon aquatic invasive species prevention permit.

(B) Manually powered boats from Idaho that are 10 feet or longer and affixed with an Idaho Aquatic Invasive Species Prevention sticker, and all manually powered boats from Washington, are exempt from Oregon aquatic invasive species permit carriage requirements when launching into waters that form a common interstate boundary, or when launching into Oregon tributaries within one mile of these waters.

(g) Manually powered boats and out-of-state motor boat permits are transferrable only within their respective boat categories. The name on the permit does not need to match the name of the person operating the boat. Persons may purchase multiple permits for use by family and friends.

(h) Operators of manually powered boat liveries, and guides using manually powered watercraft for group-guided activities, may qualify to purchase aquatic invasive species prevention permits at a discounted rate described in ORS 830.575. To qualify for the discounted rate:

(A) These operators shall register with the Board by documenting current business status as a livery.

(B) All boats rented by the livery must be clearly labeled with the livery name.

(i) Clubs or organizations that possess or own boats for communal use by members, participants, racing teams, or for public educational purposes except as exempted under this rule, may purchase aquatic invasive species prevention permits under the name of the organization or the club’s presiding officer or secretary.

(A) For racing shells, dragon boats or resident boats exempt from registration under OAR 250-010-0150(2), aquatic invasive species prevention permits numbering not less than the maximum number of boats in use on the water at any given time during a planned event may be held by the event organizer, coach or other designated person at the event site as long as the permits are readily available for inspection by a peace officer.

(B) A $5 annual or $10 biennial aquatic invasive species permit may be held as described in (2)(i)(A) for events involving motorized race boats which are owned by Oregon residents but that are otherwise exempt from registration under OAR 250-010-0150(2).

(j) The Board or designated agent may issue a temporary aquatic invasive species prevention permit to an individual who pays for the permit using a Board designated Internet agent.

(A) The temporary aquatic invasive species prevention permit will be valid for 14 days from the date of issue listed on the temporary permit.

(B) Each temporary permit shall contain a unique number that corresponds to the electronic record for the individual named on the permit and to the annual permit.

(k) A person is considered in violation of the provisions contained 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.

(l) The aquatic invasive species prevention permit expires on December 31 of the year indicated on the permit.

(m) The following vessels or classifications are exempt from the requirement to carry an aquatic invasive species prevention permit:

(A) State-owned boats

(B) County-owned boats

(C) Municipality-owned boats

(D) Eleemosynary-owned boats which a supervising adult can confirm through documentation are engaged in an organization-related activity.

(E) A ship’s lifeboat used solely for lifesaving purposes.

(F) Seaplanes

(G) Federal government-owned boats

(H) Surfboards, sailboards and kite boards.

Stat. Auth.: ORS 830 & HB 2220
Stats. Implemented: ORS 830.110
Hist.: OSMB 4-2009, f. 10-30-09, cert. ef. 1-1-10; OSMB 1-2010(Temp), f. & cert. ef. 1-5-10 thru 6-30-10; OSMB 6-2010(Temp), f. & cert. ef. 1-15-10 thru 6-30-10; OSMB 7-2010, f. & cert. ef. 5-6-10; OSMB 3-2011, f. 1-14-11, cert. ef. 2-1-11; OSMB 12-2011(Temp), f. & cert. ef. 8-18-11 thru 1-31-12; OSMB 2-2012, f. 1-13-12, cert. ef. 2-1-12; OSMB 3-2012, f. & cert. ef. 3-14-12

250-010-0660

Watercraft Inspection Stations

(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 carry or convey the watercraft.

(f) “Watercraft Inspection Team” is one or more inspectors authorized to inspect for aquatic invasive species on all types of watercraft being transported over roads.

(g) “Watercraft” are recreational or commercial, motorized and non-motorized 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.

(2) The watercraft inspection team will select Oregon locations to conduct mandatory watercraft inspections as described in the Oregon Department of Fish and Wildlife Aquatic Invasive Species Watercraft Inspection Handbook. Signs will be placed along roads, as prescribed by the Oregon Department of Transportation, directing motorists transporting a watercraft over roads to a designated inspection station.

(3) The watercraft inspection team will inspect every watercraft that enters the check station for the presence of aquatic invasive species and may order decontamination of the watercraft. The inspection will include the hull, motor, propulsion system or component, anchor or other attached apparatus, trailer or other device used to transport the boat, and the bilge, live-well, motor-well and other interior locations that could harbor aquatic plants or animals.

(4) The watercraft inspection team will complete, submit and file an inspection certificate with the Oregon Department of Fish and Wildlife for each watercraft inspection conducted.

(5) The watercraft owner, operator or carrier must provide to the inspector, on request, his or her name and ZIP code. If an inspector determines that decontamination is required, the owner, operator or carrier must provide the additional information requested on the inspection certificate form including contact information.

(a) The decontamination process will include the hull, motor, propulsion system or component, anchor or other attached apparatus, trailer or other device used to transport the watercraft, bilge, live-well, motor-well or other interior location that could harbor aquatic plants or animals.

(b) Means of decontamination include, but are not limited to, one or more of the following: hot water washing or flushing, high-pressure water jets, hand removal and chemical treatment as determined necessary by the watercraft inspection team.

(6) The inspector will determine that the watercraft is a severe risk if the boat contains quagga or zebra mussels or other high risk aquatic invasive species, as defined in Oregon Department of Agriculture OAR chapter 603, division 052 “Quarantine; Noxious Weeds” or Oregon Department of Fish and Wildlife OAR chapter 635, division 056 “Importation, possession, confinement, transportation and sale of nonnative wildlife”, or is of a design that prevents or inhibits effective on-site decontamination and the watercraft is from a known aquatic invasive species contaminated waterbody. In such cases, the inspector will place a seal on the watercraft indicating potential contamination. Only the inspector may attach this seal. Tampered, broken or removed seals are void and no longer valid for the purposes as to when they were attached.

(7) When the inspector determines the watercraft is clean or fully decontaminated, the inspector will attach a seal between the watercraft and trailer or other carriage device indicating a completed inspection. Only the inspector may attach this seal. Tampered, broken or removed seals are void.

Stat. Auth.: ORS 830.110
Stats. Implemented: HB3399, ORS 570.855
Hist.: OSMB 13-2011(Temp), f. & cert. ef. 8-23-11 thru 1-31-12; OSMB 2-2012, f. 1-13-12, cert. ef. 2-1-12

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