Title 46 — Shipping
Part B · Chapter 35 — Carriage of Passengers
§ 3503. Fire-retardant materials
Statutory text
A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if—
the vessel is constructed of fire-retardant materials; and
the vessel—
is operating engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators that meet current Coast Guard regulations; and
is operating boilers and main electrical generators that are contained within noncombustible enclosures equipped with fire suppression systems.
Before , this subsection does not apply to any vessel in operation before , and operating only within the Boundary Line.
The owner or managing operator of an exempted vessel described in subsection (a)(2) shall—
notify in writing prospective passengers, prior to purchase, and each crew member that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas;
display in clearly legible font prominently throughout the vessel, including in each state room the following: “THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND REGULATIONS OF THE U.S. COAST GUARD.”;
acquire prior to the vessel entering service, and maintain, liability insurance in an amount to be prescribed by the Federal Maritime Commission;
make annual structural alteration to not less than 10 percent of the areas of the vessel that are not constructed of fire retardant materials;
prioritize alterations in galleys, engineering areas of the vessel, including all spaces and compartments containing, or adjacent to spaces and compartments containing, engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators;
ensure, to the satisfaction of the Secretary, that the combustible fire-load has been reduced pursuant to subparagraph (D) during each annual inspection for certification;
ensure the vessel has multiple forms of egress off the vessel’s bow and stern;
provide advance notice to the Coast Guard regarding the structural alterations made pursuant to subparagraph (D) and comply with any noncombustible material requirements prescribed by the Coast Guard;
annually notify all ports of call and State emergency management offices of jurisdiction that the vessel does not comply with the requirement under subsection (a)(1);
provide crewmembers manning such vessel shipboard training that—
is specialized for exempted vessels;
exceeds requirements related to standards for firefighting training under chapter I of title 46, Code of Federal Regulations, as in effect on ; and
is approved by the Coast Guard; and
to the extent practicable, take all steps to retain previously trained crew knowledgeable of such vessel or to hire crew trained in operations aboard exempted vessels.
The owner or managing operator of an exempted vessel described in subsection (a)(2) may not disclaim liability to a passenger or crew member of such vessel for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator.
The Secretary shall—
conduct an annual audit and inspection of each exempted vessel described in subsection (a)(2);
in implementing subparagraph (b)(1)(F), consider, to the extent practicable, the goal of preservation of the historic integrity of such vessel in areas carrying or accessible to passengers or generally visible to the public; and
prescribe regulations to carry out this section, including to prescribe the manner in which prospective passengers are to be notified under paragraph (1)(A).
The penalties provided in section 3504(c) of this title shall apply to a violation of this subsection.
In addition to otherwise applicable penalties, the Secretary may immediately withdraw a certificate of inspection for an exempted vessel described in subsection (a)(2) that does not comply with any requirement under subsection (b).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 3503
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519Pub. L. 99–307 § 1(7)(A) · 100 Stat. 444
Amended · 46 U.S.C. § 3503
Pub. L. 99–307 designated existing provision as subsec. (a)
Substituted · 46 U.S.C. § 3503
Pub. L. 99–307 substituted “November 1, 1993” for “November 1, 1988”
Inserted · 46 U.S.C. § 3503
Pub. L. 99–307 inserted “in operation before January 1, 1968, and” after “to a vessel”
Added · 46 U.S.C. § 3503
Pub. L. 99–307 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 99–307 designated existing provision as subsec. (a), substituted “November 1, 1993” for “November 1, 1988” and inserted “in operation before January 1, 1968, and” after “to a vessel”, and added subsec. (b).Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.Coast Guard Authorization Act of 1991
Pub. L. 102–241 § 20(1) · 105 Stat. 2208
Substituted · 46 U.S.C. § 3503(a)
Pub. L. 102–241, § 20(1), substituted “1998” for “1993”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–241, § 20(1), substituted “1998” for “1993”.Enacted provision · exact public law section
(1) in subsection (a), by striking “November 1, 1993” and substituting “November 1, 1998”; andCoast Guard Authorization Act of 1991
Pub. L. 102–241 § 20(2) · 105 Stat. 2208
Added · 46 U.S.C. § 3503(b)(1)(D)
Pub. L. 102–241, § 20(2), added subpar. (D)
Source evidence
Code amendment note
Subsec. (b)(1)(D). Pub. L. 102–241, § 20(2), added subpar. (D).Enacted provision · exact public law section
(2) in subsection (b)(1)— (A) by striking “and” at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and substituting and”; and (C) by adding the following new subparagraph: “(D) the owner or managing operator of the vessel shall notify the Coast Guard of structural alterations to the vessel, and with regard to those alterations comply with any noncombustible material requirements that the Coast Guard prescribes for nonpublic spaces. Coast Guard requirements shall be consistent with preservation of the historic integrity of the vessel in areas carrying or accessible to passengers or generally visible to the public.”.Coast Guard Authorization Act of 1996
Pub. L. 104–324 title XI § 1133 · 110 Stat. 3901
Substituted · 46 U.S.C. § 3503(a)
Pub. L. 104–324 substituted “Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.” for “Before November 1, 1998, this section does not apply to a vessel in operation before January 1, 1968, and operating only on the inland rivers.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–324 substituted “Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.” for “Before November 1, 1998, this section does not apply to a vessel in operation before January 1, 1968, and operating only on the inland rivers.”Enacted provision · exact public law section
SEC. 1133. VESSEL REQUIREMENTS. Section 3503(a) of title 46, United States Code, is amended by striking the last sentence and inserting in lieu thereof the following: “Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.”.Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title VIII § 834 · 132 Stat. 4192
Amended · 46 U.S.C. § 3503
Pub. L. 115–282 amended section generally. Prior to amendment, text read as follows:
Source evidence
Code amendment note
Pub. L. 115–282 amended section generally. Prior to amendment, text read as follows:“(a) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if the vessel is constructed of fire-retardant materials. Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line. “(b)(1) When a vessel is exempted from the fire-retardant standards of this section— “(A) the owner or managing operator of the vessel shall notify prospective passengers that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas; “(B) the owner or managing operator of the vessel may not disclaim liability to a passenger for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator; “(C) the penalties provided in section 3504(c) of this title apply to a violation of this subsection; and “(D) the owner or managing operator of the vessel shall notify the Coast Guard of structural alterations to the vessel, and with regard to those alterations comply with any noncombustible material requirements that the Coast Guard prescribes for nonpublic spaces. Coast Guard requirements shall be consistent with preservation of the historic integrity of the vessel in areas carrying or accessible to passengers or generally visible to the public. “(2) The Secretary shall prescribe regulations under this subsection on the manner in which prospective passengers are to be notified.”
Enacted provision · exact public law section
SEC. 834. FIRE-RETARDANT MATERIALS. Section 3503 of title 46, United States Code, is amended to read as follows: “§ 3503. Fire-retardant materials “(a) (1) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if— “(A) the vessel is constructed of fire-retardant materials; and “(B) the vessel— “(i) is operating engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators that meet current Coast Guard regulations; and “(ii) is operating boilers and main electrical generators that are contained within noncombustible enclosures equipped with fire suppression systems. “(2) Before December 1, 2028, this subsection does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line. “(b) (1) The owner or managing operator of an exempted vessel described in subsection (a)(2) shall— “(A) notify in writing prospective passengers, prior to purchase, and each crew member that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas; “(B) display in clearly legible font prominently throughout the vessel, including in each state room the following: ‘THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND REGULATIONS OF THE U.S. COAST GUARD.’; “(C) acquire prior to the vessel entering service, and maintain, liability insurance in an amount to be prescribed by the Federal Maritime Commission; “(D) make annual structural alteration to not less than 10 percent of the areas of the vessel that are not constructed of fire retardant materials; “(E) prioritize alterations in galleys, engineering areas of the vessel, including all spaces and compartments containing, or adjacent to spaces and compartments containing, engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators; “(F) ensure, to the satisfaction of the Secretary, that the combustible fire-load has been reduced pursuant to subparagraph (D) during each annual inspection for certification; “(G) ensure the vessel has multiple forms of egress off the vessel’s bow and stern; “(H) provide advance notice to the Coast Guard regarding the structural alterations made pursuant to subparagraph (D) and comply with any noncombustible material requirements prescribed by the Coast Guard; “(I) annually notify all ports of call and State emergency management offices of jurisdiction that the vessel does not comply with the requirement under subsection (a)(1); “(J) provide crewmembers manning such vessel shipboard training that— “(i) is specialized for exempted vessels; “(ii) exceeds requirements related to standards for firefighting training under chapter I of title 46, Code of Federal Regulations, as in effect on October 1, 2017; and “(iii) is approved by the Coast Guard; and “(K) to the extent practicable, take all steps to retain previously trained crew knowledgeable of such vessel or to hire crew trained in operations aboard exempted vessels. “(2) The owner or managing operator of an exempted vessel described in subsection (a)(2) may not disclaim liability to a passenger or crew member of such vessel for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator. “(3) The Secretary shall— “(A) conduct an annual audit and inspection of each exempted vessel described in subsection (a)(2); “(B) in implementing subparagraph (b)(1)(F), consider, to the extent practicable, the goal of preservation of the historic integrity of such vessel in areas carrying or accessible to passengers or generally visible to the public; and “(C) prescribe regulations to carry out this section, including to prescribe the manner in which prospective passengers are to be notified under paragraph (1)(A). “(4) The penalties provided in section 3504(c) of this title shall apply to a violation of this subsection. “(c) In addition to otherwise applicable penalties, the Secretary may immediately withdraw a certificate of inspection for an exempted vessel described in subsection (a)(2) that does not comply with any requirement under subsection (b).” .
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | |
|---|---|
| Revised section | Source section (U.S. Code) |
| 3503 | 46:369(b) |
Section 3503 requires the use of fire retardant materials on a vessel having berthing facilities for at least 50 passengers. This requirement in the case of vessels engaged in foreign trade is consistent with our international treaty obligations, which impose extensive and additional fire safety standards. A waiver that grandfathers existing inland river passenger vessels is also included.
Editorial Notes
Amendments1986–2018 · 4 rounds
2018
Pub. L. 115–282 amended section generally. Prior to amendment, text read as follows:
“(a) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if the vessel is constructed of fire-retardant materials. Before , this section does not apply to any vessel in operation before , and operating only within the Boundary Line.
“(b)(1) When a vessel is exempted from the fire-retardant standards of this section—
“(A) the owner or managing operator of the vessel shall notify prospective passengers that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas;
“(B) the owner or managing operator of the vessel may not disclaim liability to a passenger for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator;
“(C) the penalties provided in section 3504(c) of this title apply to a violation of this subsection; and
“(D) the owner or managing operator of the vessel shall notify the Coast Guard of structural alterations to the vessel, and with regard to those alterations comply with any noncombustible material requirements that the Coast Guard prescribes for nonpublic spaces. Coast Guard requirements shall be consistent with preservation of the historic integrity of the vessel in areas carrying or accessible to passengers or generally visible to the public.
“(2) The Secretary shall prescribe regulations under this subsection on the manner in which prospective passengers are to be notified.”
1996
Subsec. (a). Pub. L. 104–324 substituted “Before , this section does not apply to any vessel in operation before , and operating only within the Boundary Line.” for “Before , this section does not apply to a vessel in operation before , and operating only on the inland rivers.”
1991
Subsec. (a). Pub. L. 102–241, § 20(1), substituted “1998” for “1993”.
Subsec. (b)(1)(D). Pub. L. 102–241, § 20(2), added subpar. (D).
1986
Pub. L. 99–307 designated existing provision as subsec. (a), substituted “” for “” and inserted “in operation before , and” after “to a vessel”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Notification to Prospective Passengers of Noncompliance With Fire-Retardant Standards
Pub. L. 99–307, § 1(7)(B), , 100 Stat. 445, required notification to prospective passengers of a vessel’s noncompliance with certain standards until regulations became effective.