Section 5.13. Personal flotation and life saving device requirements.

 

(1)  This section applies to all boats that are propelled or controlled by machinery, sails, oars, paddles or poles or another vessel including inflatables, used on waters subject to the jurisdiction of this state except:

(a) Racing shells, rowing sculls, and racing kayaks that are recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.

(b) Foreign boats temporarily using waters subject to state jurisdiction.

(c) Military or public boats of the United States, except recreational-type public vessels.

(2)   Personal flotation device ( PFD ) requirements.

(a) No person may operate or use a boat unless all of the following requirements are met:

1. At least one wearable PFD is on board for each person.

2. Each PFD is used in accordance with any requirements on the approved label.

3. Each PFD is used in accordance with any requirements in its owner's manual, if the approval label makes reference to such a manual.

(b) No person may operate or use a boat 16 feet or more in length, except a canoe or kayak, unless at least one throwable PFD is on board in addition to the total number of wearable PFDs required in par. (a) .

(c) No person may operate or use a boat of any size to carry passengers for hire unless at least one wearable PFD is on board for each person and in addition one throwable PFD must be carried on board such recreational vessels which are 26 feet or more in length.

(3)   Stowage.

(a) No person may use a boat unless each wearable PFD required by sub. (2) is readily accessible.

(b) No person may operate or use a boat unless each throwable PFD required by sub. (2) is immediately available.

(4)   Conditions, approval, marking. No person may operate or use a boat unless each device required by this section is marked as follows :

(a) In serviceable condition to perform the intended uses and absent of any tears, punctures or other deformations from its original manufactured design.

(b) Of an appropriate size for the person for whom it is intended.

(c) Each personal flotation device must be marked in accordance with the recognized laboratory's listing and labelling requirements. At a minimum, labels must include all of the following:

1. Size information, as appropriate.

2. The US Coast Guard approval number.

3. Manufacturer's contact information.

4. Model name and number.

5. Lot number and manufacturer date.

6. Any limitations or restrictions on approval or special instructions for use.

(d) Marking must be of a type which will be durable and legible for the expected live of the device.

(5)   Visual Distress Signals. It is unlawful to operate any watercraft on the coastal waters of the United States without having onboard visual distress signals as required and approved by the U.S. Coast Guard, so placed as to be readily accessible and in such condition as to be ready for immediate and effective use.

(6)   Sound Producing Devices.

(a) As required by the U.S. Coast Guard Navigation Rules, a vessel less than 39.4 feet must, at a minimum, have some means of making an efficient sound signal, (i.e., handheld air horn, athletic whistle, installed horn, etc.). A human voice or sound is not acceptable.

(b) A vessel 39.4 feet or greater must have a sound signaling appliance capable of producing an efficient sound signal, audible for 1/2 mile with a 4 to 6 seconds duration. In addition, the vessel must carry on board a bell with a clapper. The bell size shall be no less than 7.9 inches, based on the diameter of the mouth.

History: Cr. Register, June, 1974, No. 222 , eff. 7-1-74; am. (1) (intro.), (2) (a), (b), (c), r. (3) (a), renum. (3) (b) and (c) to be (2) (d) and (e), (4) to (6) to be (3) to (5) and am. (4) (intro.) and (5), Register, April, 1985, No. 352 , eff. 5-1-85; am. (4) (a), Register, July, 1993, No. 451 , eff. 8-1-83; am. (2) (a), r. (2) (b), renum. (2) (c) to (e) to be (2) (b) to (d) and am. (2) (b), Register, May, 1995, No. 473 , eff. 6-1-95; CR 14-048 : am. (1) (intro.), (2) (a), (b), r. (c), renum. (2) (c) from (2) (d) and am., am. (3), (4) (intro.), r. (4) (b), renum. (4) (b) from (4) (c), cr. (4) (c), (d), am. (5), r. (5) Figure 1, cr. (6) Register May 2015 No. 713 , eff. 6-1-15, correction in (6) (a), (b) under s. 13.92 (4) (b) 1. , Stats., Register May 2015 No. 713 , eff. 6-1-15; correction in numbering (6) (a), (b) under s. 13.92 (4) (b) 1. , Stats., Register May 2015 No. 713 .