Wash. Admin. Code § 296-115-005

Current through Register Vol. 24-17, September 1, 2024

Section 296-115-005 - Scope and purpose

This chapter generally sets requirements according to chapter 88.04 RCW to protect the safety and health of passengers and crew on board charter boats, and provides penalties for violations of these requirements. Specifically, this chapter:

(1) Applies to vessels for hire that carry seven or more passengers when operated in state waters which are not regulated by the United States Coast Guard.

(2) Does not apply to:

(a) Vessels that are charter boats but are being used by the documented or registered owner exclusively for their own noncommercial or personal pleasure purposes;

(b) Vessels owned by people or corporate entities which are donated and used by people or nonprofit organizations to transport passengers for charitable or noncommercial purposes, regardless of whether consideration is directly or indirectly paid to the owner;

(c) Vessels that are rented, leased, or hired by operators to transport passengers for noncommercial or personal pleasure purposes;

(d) Vessels used exclusively for, or incidental to, educational purposes; or

(e) Bare boat charter boats.

(3) Is intended to be consistent with, and prevails in the event of a conflict with, the rules adopted by the United States Coast Guard under 46 C.F.R. Subchapters K and T, in effect at the time the vessel's keel was laid.

(4)General information:

All forms and applications related to charter boat operations may be requested from the department or are available on the website at https://lni.wa.gov/licensing-permits/other-licenses-permits/charter-boats.

All correspondence related to charter boat operations may be submitted to:

Department of Labor and Industries

DOSH-Charter Boats

P.O. Box 44650

Olympia, WA 98504-4650; or

Submitted electronically to:

Email: Charterboats@lni.wa.gov

Wash. Admin. Code § 296-115-005

Amended by WSR 23-09-054, Filed 4/18/2023, effective 5/22/2023

Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 49.17.210, and 88.04.005. 08-20-123, § 296-115-005, filed 10/1/08, effective 11/1/08. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050 and 1999 c 111. 00-23-100, § 296-115-005, filed 11/21/00, effective 1/1/01. Statutory Authority: Chapter 49.17 RCW. 91-24-017 (Order 91-07), § 296-115-005, filed 11/22/91, effective 12/24/91; 91-03-044 (Order 90-18), § 296-115-005, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-005, filed 11/13/80.