Section 97.2. Fire extinguishers

(a) All motorboats shall carry at least the minimum number of Coast Guard approved hand portable fire extinguishers required for their class as specified in Appendix B, except that motorboats less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, need not carry fire extinguishers if the construction of the motorboats will not permit the entrapment of explosive or flammable gases or vapors.

(1) Fire extinguishers shall be carried on motorboats that meet one or more of the following conditions. The motorboats have:

(i) Closed compartments under thwarts and seats where portable fuel tanks may be stored.

(ii) Double bottoms not sealed to the hulls or that are not completely filled with flotation material.

(iii) Closed living spaces.

(iv) Closed stowage compartments in which combustible or flammable materials are stowed.

(v) Permanently installed fuel tanks.

(2) The following conditions do not, in and of themselves, require that fire extinguishers be carried:

(i) Bait wells.

(ii) Glove compartments.

(iii) Buoyant flotation material.

(iv) Open slatted flooring.

(v) Ice chests.

(b) Motorboats engaged in a race which has been officially sanctioned, as set forth in § 109.6 (relating to special marine events), or while engaged in tuning up for a race which has been officially sanctioned, need not carry the extinguisher required by this section.

(c) Fire extinguishers carried in compliance with this section shall be maintained in a usable condition and shall be charged in compliance with the specifications on the manufacturer’s certification label. Gauges shall be operable and nozzles shall be free of obstruction. In prosecutions for violations of this section, there shall be a rebuttable presumption that a fire extinguisher is not usable if its gauge shows that the extinguisher is discharged.

(d) Fire extinguishers shall be installed and maintained so that they are immediately available within arms reach of the operator or passengers on the boat.

The provisions of this § 97.2 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 December 12, 2003, effective January 1, 2004, 33 Pa.B. 6061. Immediately preceding text appears at serial pages (261368) to (269147).

Notation

Authority

The provisions of this § 97.2 amended under the Fish and Boat Code, 30 Pa.C.S. § 5123.