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WAC 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 is 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.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 49.17.210, and 88.04.005. WSR 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. WSR 00-23-100, § 296-115-005, filed 11/21/00, effective 1/1/01. Statutory Authority: Chapter 49.17 RCW. WSR 91-24-017 (Order 91-07), § 296-115-005, filed 11/22/91, effective 12/24/91; WSR 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. WSR 80-17-014 (Order 80-20), § 296-115-005, filed 11/13/80.]
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