11 CSR 45-6.020 - Safety Standards
(1) For
the purposes of this chapter, the following definitions shall apply:
(A) Certificate of inspection-a finding of
compliance with requirements of all applicable laws and regulations that is
issued to a licensee operating an excursion gambling boat by a third-party
examiner;
(B) Permanently moored
vessel-a vessel out of navigation that has become substantially a land
structure mounted on a floating platform and subject to land based building
codes rather than marine inspection laws;
(C) Continuously moored vessel-a vessel
formerly self-propelled which previously cruised navigable waters but has now
been determined by the United States Coast Guard to be continuously docked and
removed from navigation; and
(D)
Third party examiner-an individual or entity specifically approved by the
commission to conduct safety inspections as required by Missouri laws and
rules.
(2) Third Party
Examiner.
(A) At a minimum the third party
examiner must provide evidence of experience with similar inspection services
on similar vessels, financial responsibility in a minimum amount of one (1)
million dollars each in general liability insurance, Worker's Compensation, and
longshoreman's insurance (if required by law), and meet at least the following
criteria:
1. Inspectors for superstructure and
life safety systems must have at least five (5) years of experience in work
directly relating to the design and/or fabrication and/or inspection of similar
vessels, and knowledge of the fire safety standards of the Missouri laws and
rules, as well as the building and fire codes adopted within the jurisdiction
where the structure will be placed into service and be one (1) of the
following:
A. An architect licensed in the
state of Missouri with at least five (5) years of experience in work directly
relating to the design and/or inspection of similarly sized vessels;
B. A professional engineer licensed in the
state of Missouri with at least five (5) years of experience in work directly
relating to the design and/or inspection of similarly sized vessels;
or
C. An architect or qualified
engineer with a regulatory and review agency; and
2. Marine surveyors for hull inspections must
have at least ten (10) years of experience in marine surveying work associated
with the inspection of similar vessels and be one (1) of the following
criteria:
A. An architect licensed in the
state of Missouri;
B. A
professional engineer licensed in the state of Missouri; or
C. A marine surveyor with a regulatory and
review agency.
(3) Fire Safety and Building Code Standards.
(A) Any excursion gambling boat that is
continuously docked pursuant to section
313.805(16),
RSMo will be required to meet-
1. The fire
safety standards of the Missouri laws and rules; and
2. The building and fire codes adopted within
the jurisdiction where the structure will be placed into
service.
(4)
Certification of Passenger-Carrying Capacity.
(A) A stability test shall be conducted by
the licensee in accordance with 46 CFR, subchapter S, part 170. This test shall
be witnessed by a third party examiner. In lieu of a stability test, the
licensee may elect to perform a Deadweight Survey to determine the Lightweight
Displacement and Longitudinal Center of Gravity. The Vertical Center of Gravity
shall be determined by a conservative estimate, subject to approval by a third
party examiner.
(B) All permanently
moored or continuously moored vessels shall be required to comply with-
1. One (1) compartment standard of flooding,
as outlined in 46 CFR
section 171.070, regardless of the passenger
capacity of the vessel; and
2.
Damage Stability Standards of
46 CFR section
171.080. Additionally, all vessels must
comply with requirements for Stability After Damage (Damaging Righting Energy
Criteria) as may be acceptable at that time to the United States Coast Guard,
for certified passenger vessels.
(C) All stability calculations required by
this rule shall be furnished by the licensee to a third party examiner, for
review and approval by that examiner. All vessels must have a letter from a
third party examiner stating compliance with these
criteria.
(5)
Certification of Certain Barges, Floating Platforms, and Vessels Other Than
Excursion Gambling Boats.
(A) All barges,
floating platforms, and vessels that will be used in conjunction with a
riverboat gaming operation shall be inspected and certified as suitable for
their intended use prior to being placed into service, and annually thereafter.
The certification shall be performed by a third party examiner. The minimum
standards for floating platform and/or hull integrity shall be found in Title
46 CFR, Chapter I.
(B) Any
structure constructed on any barge, floating platform, or vessel that will be
normally occupied by persons, and used in conjunction with a riverboat gaming
operation shall meet the building and fire codes adopted within the
jurisdiction where the structure will be placed into service.
(C) The certification conformance and
inspections required by this rule shall be submitted in writing to the
commission prior to the barge, floating platform, vessel, or structure being
placed into service, and annually thereafter.
(D) All costs and expenses associated with
the certification conformance and inspections required in this rule shall be
paid by the Class B applicant or licensee requesting to place such barge,
floating platform, vessel, or structure into service.
Notes
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