(1) The department
must inspect all vessels subject to this chapter to ensure they are safe and
seaworthy at least once each year.
(2) The department may also inspect a vessel:
(a) If requested to do so by the owner,
operator, or master of the vessel;
(b) After an explosion, fire, or any other
accident involving the vessel;
(c)
Upon receipt of a complaint from any person;
(d) At the discretion of the
department.
(3) The
department will charge the owner of a vessel a fee for each certification or
recertification inspection. See WAC
296-115-120 for fee
schedule.
(4) No person will
operate a passenger or cargo vessel if the vessel does not have a valid
certificate of inspection issued by the department.
(5) After inspecting a vessel and determining
it is safe and seaworthy and complies with the provisions of this chapter and
with the applicable state and federal laws and regulations, the department will
issue a certificate of inspection for that vessel. The certificate will be
valid for one year from the date of issuance.
(a) The certificate must set forth the date
of the inspection;
(b) The names of
the vessel and the owner;
(c) The
number of lifeboats, if required;
(d) The number of life preservers
required;
(e) The number of
passengers allowed; and
(f) Any
other information the department requires by rule.
(6) Any time a vessel is found to be not safe
or seaworthy, or not in compliance with the provisions of this chapter or with
the applicable state and federal laws and regulations:
(a) The department shall refuse to issue a
certificate of inspection until the deficiencies have been corrected and shall
cancel any certificate of inspection currently issued.
(b) The department must give the owner a
written statement why the vessel was found to be unsafe, unseaworthy, or not in
compliance with the provisions of this chapter or the applicable state and
federal laws and regulations, including a specific reference to the statute or
rule. The notification will be made on the notice of deficiencies form and
signed by the attending maritime inspector.
(7) Department inspectors may, upon
presenting their credentials to the owner, master, operator, or agent in charge
of a vessel, board the vessel without delay to make an inspection.
(a) Inspectors must inform the owner, master,
operator, or agent in charge that their intent is to inspect the
vessel.
(b) During the inspection,
inspectors must have access to all areas of the vessel. Inspectors may question
privately the owner, master, operator, or agent in charge of the vessel, or any
crew member of or passenger on the vessel.
(c) If any person refuses to allow inspectors
to board a vessel for an inspection, or refuses to allow access to any areas of
the vessel, the department may request a warrant from the superior court for
the county in which the vessel is located. The court will grant the warrant if:
(i) There is evidence that the vessel has
sustained a fire, explosion, unintentional grounding, or has been involved in
any other accident;
(ii) There is
evidence that the vessel is not safe or seaworthy; or
(iii) The department shows that the
inspection furthers a general administrative plan for enforcing the safety
requirements of chapter 88.04 RCW, the Charter Boat Safety Act.
(8) The owner or master
of a vessel must post the certificate of inspection behind glass or other
suitable transparent material in a conspicuous area of the vessel.
(9) Please see WAC
296-115-005(4)
for instructions on how to submit documents to the department to request an
inspection, submit a complaint, or notify the department of repairs or
alterations.
Notes
Wash. Admin. Code
§
296-115-025
Amended by
WSR
17-16-132, Filed 8/1/2017, effective
9/1/2017
Amended by
WSR
18-04-096, Filed 2/6/2018, effective
3/9/2018
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, §
296-115-025, 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, § 296-115-025, filed 11/21/00, effective 1/1/01. Statutory
Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-115-025,
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), § 296-115-025, filed
11/13/80.
