1     
CARBON MONOXIDE SAFETY ON BOATS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends the State Boating Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires under certain circumstances a new motorboat to have:
14               •     a carbon monoxide detection system; and
15               •     labels warning of carbon monoxide dangers; and
16          ▸     creates a penalty for noncompliance.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          73-18-2, as last amended by Laws of Utah 2015, Chapter 113
24     ENACTS:
25          73-18-27, Utah Code Annotated 1953
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 73-18-2 is amended to read:
29          73-18-2. Definitions.
30          As used in this chapter:
31          (1) "Anchored" means a vessel that is temporarily attached to the bed or shoreline of a
32     waterbody by any method and the hull of the vessel is not touching the bed or shoreline.
33          (2) "Beached" means that a vessel's hull is resting on the bed or shoreline of a
34     waterbody.
35          (3) "Board" means the Board of Parks and Recreation.
36          (4) "Boat livery" means a person that holds a vessel for renting or leasing.
37          (5) "Carrying passengers for hire" means to transport persons on vessels or to lead
38     persons on vessels for consideration.
39          (6) "Consideration" means something of value given or done in exchange for
40     something given or done by another.
41          (7) "Dealer" means any person who is licensed by the appropriate authority to engage
42     in and who is engaged in the business of buying and selling vessels or of manufacturing them
43     for sale.
44          (8) "Derelict vessel":
45          (a) means a vessel that is left, stored, or abandoned upon the waters of this state in a
46     wrecked, junked, or substantially dismantled condition; and
47          (b) includes:
48          (i) a vessel left at a Utah port or marina without consent of the agency or other entity
49     administering the port or marine area; and
50          (ii) a vessel left docked or grounded upon a property without the property owner's
51     consent.
52          (9) "Division" means the Division of Parks and Recreation.
53          (10) "Enclosed accommodation compartment" means a contiguous space on a
54     motorboat that is enclosed by boat structure and contains:
55          (a) a designated sleeping accommodation;
56          (b) a galley area with a sink; and
57          (c) a head compartment.
58          (11) "Enclosed occupancy compartment" means a contiguous space on a motorboat
59     that is enclosed by boat structure and intended to be occupied by an individual.
60          (12) "Marine carbon monoxide detection system" means a device or system that detects
61     carbon monoxide and is certified by a nationally recognized testing laboratory to conform with
62     current UL Standards for use on recreational boats.
63          [(10)] (13) "Moored" means long term, on the water vessel storage in an area
64     designated and properly marked by the division or other applicable managing agency.
65          [(11)] (14) "Motorboat" means any vessel propelled by machinery, whether or not the
66     machinery is the principal source of propulsion.
67          (15) "New motorboat" means a motorboat that has never been titled or registered.
68          [(12)] (16) "Operate" means to navigate, control, or otherwise use a vessel.
69          [(13)] (17) "Operator" means the person who is in control of a vessel while it is in use.
70          [(14)] (18) "Outfitting company" means any person who, for consideration:
71          (a) provides equipment to transport persons on all waters of this state; and
72          (b) supervises a person who:
73          (i) operates a vessel to transport passengers; or
74          (ii) leads a person on a vessel.
75          [(15)] (19) (a) "Owner" means a person, other than a lien holder, holding a proprietary
76     interest in or the title to a vessel.
77          (b) "Owner" includes a person entitled to the use or possession of a vessel subject to an
78     interest by another person, reserved or created by agreement and securing payment or
79     performance of an obligation.
80          (c) "Owner" does not include a lessee under a lease not intended as security.
81          [(16)] (20) "Personal watercraft" means a motorboat that is:
82          (a) less than 16 feet in length;
83          (b) propelled by a water jet pump; and
84          (c) designed to be operated by a person sitting, standing, or kneeling on the vessel,
85     rather than sitting or standing inside the vessel.
86          [(17)] (21) "Racing shell" means a long, narrow watercraft:
87          (a) outfitted with long oars and sliding seats; and
88          (b) specifically designed for racing or exercise.
89          [(18)] (22) "Sailboat" means any vessel having one or more sails and propelled by
90     wind.
91          [(19)] (23) "Vessel" means every type of watercraft, other than a seaplane on the water,
92     used or capable of being used as a means of transportation on water.
93          [(20)] (24) "Wakeless speed" means an operating speed at which the vessel does not
94     create or make a wake or white water trailing the vessel. This speed is not in excess of five
95     miles per hour.
96          [(21)] (25) "Waters of this state" means any waters within the territorial limits of this
97     state.
98          Section 2. Section 73-18-27 is enacted to read:
99          73-18-27. Carbon monoxide safety -- Penalty.
100          (1) A dealer may not sell a new motorboat that has an enclosed accommodation
101     compartment, unless there is a functioning marine carbon monoxide detection system installed:
102          (a) in each of the following locations:
103          (i) a location in the enclosed accommodation compartment where the marine carbon
104     monoxide detection system can monitor the atmosphere of the largest open space within the
105     enclosed accommodation compartment; and
106          (ii) for each sleeping accommodation compartment:
107          (A) in the sleeping accommodation compartment; or
108          (B) within 10 feet of the sleeping accommodation compartment; and
109          (b) in accordance with the manufacturer's instructions.
110          (2) A dealer may not sell a gasoline-powered new motorboat that has an enclosed
111     occupancy compartment, unless there is a label that warns of the dangers of carbon monoxide
112     affixed to the new motorboat in the vicinity of each of the following locations:
113          (a) the aft reboarding area or stern area;
114          (b) the steering station; and
115          (c) the entrance to each enclosed occupancy compartment.
116          (3) (a) An owner of a motorboat that is titled or registered for the first time on or after
117     January 1, 2020, shall ensure that the motorboat complies with the marine carbon monoxide
118     detection system requirements described in Subsection (1) and the labeling requirements
119     described in Subsection (2).
120          (b) An owner of a motorboat that violates this subsection is subject to:
121          (i) a warning for a first violation; and
122          (ii) an infraction for each subsequent violation related to the same motorboat.
123          (4) Upon request, the division shall provide a person a label that warns of the dangers
124     of carbon monoxide to affix to a motorboat in accordance with this section. The division may
125     charge a fee to cover the cost of providing the label.
126          Section 3. Effective date.
127          This bill takes effect on January 1, 2020.