Oregon Secretary of State Administrative Rules

250-010-0010
Definitions

As used in OAR Chapter 250, unless otherwise required by context:

(1) "Aquatic Invasive Species Prevention Permit" is an authorization issued by the Oregon State Marine Board or through designated agents that certifies payment to the Aquatic Invasive Species Prevention Fund.

(2) "Black Waste" means human body wastes including feces, urine, other substances of bodily origin, and toilet paper.

(3) "Board" means the Oregon State Marine Board.

(4) "Boat Livery" means a person, persons, or a business establishment engaged in renting or hiring out boats for profit.

(5) "Eleemosynary" means an organization supported by gifts or charity which is operated primarily as a part of organized activities for the purpose of teaching youth’s scout craft, camping, seamanship, self-reliance, patriotism, courage and kindred virtues.

(6) "Float Tube" means a manufactured floating device constructed of canvas, nylon or other similar material encasing an inner tube capable of supporting one person sitting inside with their legs dangling below the vessel, used as a means of transportation on the water. Single float tubes are boats as defined in ORS 830.005(2) and if powered by machinery, single float tubes are motorboats as defined in ORS 830.005(5) and subject to numbering according to OAR 250-010-0040.

(7) “Kiteboard” means a vessel with no freeboard that is propelled by a sail or sail-like device that is not attached to the vessel but held and manipulated by the operator. These vessels include those common for kiteboarding, wingfoiling, and kitefoiling.

(8) "Nonmotorized boat" means any watercraft as defined in ORS 830.005(2), but not a motorboat as defined in 830.005(6).

(9) "Operator" means the person who operates or who has charge of the navigation or use of a boat.

(10) "Person" means an individual, partnership, firm, corporation, association, or other entity.

(11) "Person on Board" means every person being carried on board or being towed by a vessel.

(12) “Portable Toilet” means all types of portable containers, hand carried potties, buckets or similar devices used to collect black waste into a small receptacle.

(13) "Propel" means but is not limited to floating, rowing, paddling, sailing or otherwise operating a boat (as defined in ORS 830.005), a vessel or ship.

(14) “Sailboard” means a sail propelled vessel with no freeboard and equipped with a swivel mounted mast not secured to a hull by guys or stays.

(15) "Sewage" means water-carried human and animal wastes and may include but is not solely kitchen, bath, and laundry wastes from residences, buildings, boats or other places.

(16) "Ship's Lifeboats" means lifeboats used solely for lifesaving purposes and does not include dinghies, tenders, speedboats, or other types of craft carried aboard a vessel and used for other than lifesaving purposes.

(17) “Slow-No Wake” means operating a boat at the slowest speed necessary to maintain steerage and that reduces or eliminates waves that appear as white water behind the boat.

(18) "Throwable Personal Flotation Device (PFD)” means a PFD that is intended to be thrown to a person in the water. A PFD marked as Type IV or Type V with Type IV performance is considered a throwable PFD; unless specifically marked, a wearable PFD is not a throwable PFD.

(19) “Type I Marine Sanitation Device” means a device installed on board a boat that is designed to receive, retain, treat, or discharge sewage or black waste, which produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 ml and no visible floating solids.

(20) “Type II Marine Sanitation Device” means a device installed on board a boat that is designed to receive, retain, treat, or discharge sewage or black waste, which produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 ml and suspended solids not greater than 150 mg/L.

(21) “Type III Marine Sanitation Device” means a device installed on board a boat that is designed to receive, retain, treat, or discharge sewage or black waste, which is designed to prevent the overboard discharge of treated or untreated sewage or any waste derived from sewage. These include but are not limited to a holding tank with a means of pumping the sewage into a land-based Oregon Department of Environmental Quality approved wastewater treatment system.

(22) "Undocumented Vessel" means any vessel which is not required to have, or does not have, a valid marine document issued by the U.S. Coast Guard.

(23) "Underway" means when a boat is not at anchor, or moored, or made fast to the shore, or aground.

(24) “Wakeboarding” means the activity of towing a person who is attached with two foot bindings on equipment similar to a short surfboard or snowboard. Equipment used in this activity may include but is not limited to wake boards.

(25) “Wake surfing” means the activity of propelling a person, on equipment similar to a surfboard, forward with a boat’s wake. The person may be holding a rope or free riding. Equipment used in this activity may include but is not limited to wake surf boards, wake boards, stand up paddleboards, and hydrofoils.

(26) "Waterway Access Permit" is an authorization issued by the Oregon State Marine Board or through designated agents that certifies payment to the Waterway Access Fund.

(27) “Wearable Personal Flotation Device (PFD)” means a PFD that is intended to be worn or otherwise attached to the body. A PFD marked as Type I, Type II, Type III, or Type V with Type (I, II, or III) performance is considered a wearable PFD.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
History:
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 9-2019, amend filed 11/26/2019, effective 11/26/2019
OSMB 4-2019, amend filed 01/29/2019, effective 02/01/2019
OSMB 3-2019, amend filed 01/28/2019, effective 02/01/2019
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
MB 4-1996, f. & cert. ef. 4-12-96
MB 2-1996, f. & cert. ef. 2-13-96
MB 1-1992, f. & cert. ef. 3-13-92
MB 21-1983, f. 11-29-83, ef. 12-1-83
MB 4-1982, f. & ef. 6-1-82
MB 24, f. 3-13-64
MB 10, f. 11-14-61
MB 1, f. 2-4-60

250-010-0025
Basic Rule for “Slow–No Wake”

(1) A person must not operate a boat on the waters of this state in excess of a "slow-no wake" speed within 200 feet of a boat launch ramp, marina with a capacity for six or more moored vessels, floating home/boathouse moorage with six or more contiguous structures, designated swim area, and locations where persons are working at water level on floats, logs or waterway construction.

(2) Section (1) of this rule does not apply to commercial vessels or vessels engaged in navigation on rivers where a speed in excess of “slow-no wake” is needed to ensure safe passage.

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
History:
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
MB 1-1996, f. & cert. ef. 2-13-96
MB 9-1988, f. & cert. ef. 1-27-88

250-010-0030
Application for Certificate of Number and Title

(1) The application shall be made on a form furnished by the Board and mailed direct to the Board or presented to an appointed agent of the Board, together with the required fee.

(2) The application shall be available at the office of the Board, appointed agents of the Board, boat dealers, sheriffs, and Motor Vehicle Licensing offices.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
MB 24, f. 3-13-64
MB 1, f. 2-4-60

250-010-0040
Oregon Boat Numbering

(1) Boat numbers issued by the Oregon State Marine Board shall conform to the specifications regarding form of number in Title 33 Part 174 Subpart B of the Code of Federal Regulations.

(2) Decals issued to federally documented vessels under ORS 830.775 shall be conspicuously displayed on the aftermost part of the hull on both sides of the vessel.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
History:
OSMB 2-2023, amend filed 05/09/2023, effective 05/09/2023
OSMB 4-2002, f. & cert. ef. 7-5-02
MB 1-1992, f. & cert. ef. 3-13-92
MB 20-1985, f. & ef. 11-22-85
MB 24, f. 3-13-64
MB 10, f. 11-14-61
MB 1, f. 2-4-60

250-010-0051
Definition of "Operate" and "Otherwise Use a Boat on Water"

(1) For the purpose of ORS 830.700(5), the term "operate" means to navigate or otherwise use a boat on water:

(2) The term "otherwise use" includes, but is not limited to, being at anchor, adrift, moored on the water, use as live-a-board residence on water or otherwise being afloat on the waters of this state.

(3) A boat does not have to be "underway" to be in use for the purpose of titling and registration requirements as provided in ORS 830.070 to 830.830.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
History:
OSMB 5-2002, f. 10-15-02, cert. ef. 11-1-02

250-010-0053
Safety Inspections

The sheriff of each county and all other police officers responsible for enforcement of Oregon Revised Statutes, Chapter 704 and 830 and the amplifying Oregon Administrative Rules Chapter 250, are authorized to "signal boat operator to bring the boat to a stop" to conduct safety inspections:

(1) With the owner or operator's consent; or

(2) If a sheriff or other police officer confirms that a safety violation has occurred the sheriff or officer shall conduct a complete safety inspection to determine compliance with all other applicable safety laws.

Statutory/Other Authority: ORS 830.110 & 830
History:
OSMB 1-2004, f. & cert. ef. 5-11-04

250-010-0055
Certificates of Boat Title

(1) When the owner of a boat submits an application for Certificate of Boat Title only, and under normal circumstances the boat would require in addition to the title, a certificate of number, the Director shall not issue the title until first obtaining from the owner a signed statement that the boat will not be used on any waters over which this state has jurisdiction until all registration requirements have been complied with.

(2) Before issuing a Certificate of Title for a boat the Director shall require "Proof of Ownership" which may include a notarized transfer of title by the previous title owners, a Manufacturer's Statement of Origin (MSO) properly executed by the manufacturer, a Homemade Boat Builders Certificate properly executed by the builder, a Certificate of Boat Title issued by another state or an original certificate of number for boats previously registered in another state that does not issue a Certificate of Title for a Boat.

(a) When an application is made for an initial Oregon title, the following boats must be inspected by the Oregon State Police, an Oregon county sheriff's representative, or Marine Board staff:

(A) Homemade boats; and

(B) Boats not titled and/or registered in Oregon or another state with the exception of new boats when a manufacturer's statement of origin has been submitted.

(C) When a boat is currently unavailable for inspection or when it is evident that a typographical error or misinterpretation of a number or letter has occurred, a title and registration may be issued after a pencil tracing (rubbing) or digital photo is submitted, provided:

(i) The boat has a title or out of state registration;

(ii) There are no stolen records or red flags; and,

(iii) The boat is more than 20 years old and/or has an estimated value less than $2,000.

(b) The Board at its discretion may inspect any boat before issuing an Oregon title.

(3) When an application for a certificate of boat title indicates that the legal owner of the boat is other than the principal owner, the title must be mailed to the legal owner.

(4) An application to replace a lost boat title may be made to the Board. A lost boat title must be issued to the title owners indicated in the Board’s records, unless a notarized transfer of title signed by the previous title owners has been submitted in connection with the lost title application.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
OSMB 9-2007, f. & cert. ef. 7-2-07
OSMB 4-2006, f. & cert ef. 7-3-06
MB 5-1997, f. & cert. ef. 5-30-97
MB 3-1984, f. & ef. 1-5-84
Suspended by MB 9-1983(Temp), f. 11-29-83, ef. 12-1-83
MB 24, f. & cert. ef. 3-13-64
MB 12, f. & cert. ef. 3-27-62
MB 10, f. & cert. ef. 11-14-61
MB 8, f. & cert. ef. 6-30-61
MB 1, f. & cert. ef. 2-4-60

250-010-0058
Refunds

(1) Pursuant to ORS 293.445(4), the Board will refund amounts more than $10 when it determines that moneys have been received in excess of the amount legally due the Board.

(2) If the refund amount owed is $10 or less, a refund shall be paid upon receipt of a written request from the person who paid the money or their legal representative.

Statutory/Other Authority: ORS 293 & 830
Statutes/Other Implemented: ORS 830.110
History:
OSMB 9-2016, f. 6-30-16, cert. ef. 7-1-16
OSMB 1-2002, f. 4-15-02 cert. ef. 6-1-02
MB 9-1986, f. 7-28-86, ef. 8-1-86

250-010-0059
Reinstatement Fee

A fee of $25 shall be charged to reinstate a Certificate of Number for owners of boats who have had a certificate cancelled for failure to appear or failure to comply with a court judgement as provided in ORS 830.815.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110 & 830.815
History:
MB 1-1992, f. & cert. ef. 3-13-92

250-010-0060
Report of Transfer, Abandonment or Wrecking of a Boat, Change of Address, Late Penalty Fees

(1) The owner of a boat for which a valid identifying number has been awarded by this state shall notify the Board within 30 days of the transfer, abandonment, or destruction of the boat.

(2) Within 30 days after any change in address, the owner of a boat with a valid identifying number shall report the change to the Board.

(3) Title transfers received for processing 31 or more days after transfer, abandonment or destruction shall be assessed a late penalty of $25. All late penalty fees shall be in addition to the prescribed original issuance title fee.

(4) The Board will waive the penalty fee for the following reasons:

(a) The applicant did not have possession of the title or replacement title form; or

(b) The person became physically or mentally incapacitated following the purchase of the vessel, directly preventing or making it impractical for the person to meet requirements for delivery of documents.

(5) Examples of situations the Board shall consider to be beyond a person’s control include but shall not be limited to where:

(a) The person is involved in an accident or suffers a debilitating illness, condition or occurrence immediately following the purchase of the vessel that prevents this person from conducting business for an extended time period following vessel purchase;

(b) The vessel is purchased from a person who fails to provide the purchaser with the title or replacement title.

(6) Examples of situations the Board would not consider to be beyond a person’s control include but shall not be limited to situations where the:

(a) Applicant purchases a vessel and the seller provides the title or replacement title to the purchaser within 25 days of the sale;

(b) The applicant made no attempt to obtain the title or replacement title from the seller;

(c) Applicant sustained minor injury, or incurred a short-term hospital stay which did not directly affect their ability to conduct business or to otherwise comply with requirements for delivery of documents.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110 & 830.905
History:
MB 8-1992, f. & cert. ef. 6-16-92
MB 17-1987, f. 11-4-87, ef. 1-1-88
MB 1, f. 2-4-60

250-010-0065
County Use Permit Programs

(1) This rule establishes standards for review of county use permit programs as authorized by ORS 830.172(2).

(2) Applicability. The Board will only consider use permit programs from counties bordering a state that allows imposition of a boat use permit fee.

(3) Use of funds. All funds collected by a county from out-of-state residents for a boat use permit shall be dedicated to the maintenance, improvement and/or development of boating facilities and services for boating recreation on waters within the county. The enforcement of boating laws, rules, and use permits is an allowable use of county boat use permit revenues.

(4) Amount of fee. Fees should be commensurate with those fees charged to Oregon residents visiting states with boat use permits. Maximum fees shall not exceed the following:

(a) Daily permit: $1 per day, 4 days ($4) maximum;

(b) Annual permits: Less than 12 feet: $5; 12 feet and over: $5 plus $2 for each foot over 12;

(c) A vendor fee/commission not to exceed $2 is allowable.

(5) Administration. The proposed ordinance shall also prescribe where permits will be available, proper display of permits, exemptions to permits as set forth in ORS 830.172, permit expiration, and transferability of permits.

(6) Enforcement. The county ordinance shall contain a penalty section for violations, and shall state that county sheriffs and other peace officers are authorized to enforce the provisions of the use permit system.

(7) The permit system shall clearly identify that Oregon residents with current Oregon registrations are exempt from the county use permit. Manually propelled vessels are also exempt. The permit system shall exempt the Snake River and its reservoirs where such waters form a common border with the State of Idaho, provided that Idaho provides reciprocity on these waters and exempts Oregon vessels on those common waters.

(8) The county permit system ordinance shall provide reciprocity with other Oregon counties that require out-of-state boat use permits.

Statutory/Other Authority: ORS 830.110 & 830.172
Statutes/Other Implemented: ORS 830.172 & 830.200
History:
MB 1-1993, f. & cert. ef. 1-15-93

250-010-0075
Boating Safety/Education Assistance Program

(1) The Board is authorized by ORS 830.110 (1), (4), (7), and (8) to carry out the provisions of boating safety education. The Boating Safety/Education Assistance Program provides funds for new, unique or innovative ideas or programs to promote safe boating and increase youth involvement in recreational boating.

(2) The Board may adopt policies, guidelines and procedure manuals to implement these rules. Assistance funds will be provided only to participants who meet eligibility guidelines. The Program process is competitive in nature. Applications are reviewed and evaluated on the basis of applicant’s eligibility, project feasibility, merit and effectiveness and the proposal’s compatibility with goals, needs and priorities of the Board.

(3) Applications will be accepted from nonprofit corporations or organizations. The application will be submitted to the Agency as described in the “Let’s Go Boating” Assistance Program Manual.

(A) Following Marine Board staff consideration, the applicant will be advised in writing of the Marine Board Director’s or designee’s decision. If the application is denied, Marine Board staff will provide specific notice indicating the reasons.

(B) Upon application approval, Marine Board staff will award a written contract stipulating project specifications and expectations. The recipient must sign and return the contract to the Agency within forty-five (45) days or award may be rescinded.

(4) An annual allotment of funds is available each biennial period as prescribed by the Board Proposals requesting more than the amounts prescribed may be considered on a case-by-case basis based on available funds.

(A) Only items approved by the Marine Board Director or designee and identified in the scope of work from the recipient’s finalized contract’s itemized cost estimates or amendments are eligible for funding. Eligible project costs are those identified specifically with and charged directly to a particular scope item.

(B) In determining approval, Marine Board staff will give priority to those applicants providing their program or services free to the general public.

(C) Applications for funding are accepted, reviewed and considered on an annual basis set by the Board. Applicants should contact the Agency for program application deadlines and availability of funds.

(D) The Board requires projects or programs to be completed within the timeframe set by the Board. Under extraordinary circumstances, the Marine Board Director or designee may authorize project extensions up to ninety (90) days.

(5) Each approved project must clearly acknowledge the use of Marine Board funds. This will be done as appropriate in print or by sign.

Statutory/Other Authority: ORS 830.110
History:
OSMB 2-2008, f. 4-11-08, cert. ef. 5-1-08
OSMB 14-2007(Temp), f. & cert. ef. 12-10-07 thru 5-31-08

250-010-0085
Capacity Plates

This rule applies to monohull boats less than 20 feet in length, except sailboats, canoes, kayaks, inflatable boats, and other boats exempted by the U.S. Coast Guard. Each boat must display a capacity plate which shall meet the following specifications:

(1) The information relating to maximum capacity required to appear thereon shall be determined in accordance with methods and formulas recognized by the United States Coast Guard, as published in 33 CFR 183.23.

(2) The plate shall be of a form and size prescribed by 33 CFR 183.25.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
MB 13-1997, f. & cert. ef. 12-5-97
MB 38, f. 1-18-68

250-010-0095
Application for Marine Events

(1) For the purpose of this rule the term Marine Event includes Regattas, Boat Races, Marine Parades, Tournaments or Exhibitions which are organized boating water events of limited duration conducted according to a prearranged schedule. Predicted log races, cruises and/or other marine events conducted by individual groups, which do not introduce extra or unusual water safety hazards are exempted from the provisions of this rule.

(2) An individual or organization planning to sponsor or conduct a marine event which, by its nature, circumstances or location, will introduce extra or unusual hazards to water safety on waters of this state, shall submit a completed application to the State Marine Board at least 30 days prior to the event. Examples of conditions which are deemed to introduce extra or unusual hazards include, but are not limited to: an inherently hazardous competition, the customary presence of commercial or pleasure craft in the area, any obstruction to navigation which may result, and/or the expected accumulation of spectators or spectator craft. A completed application contains the signatures of the federal, state and/or local agencies specified on the application.

(3) The sponsor shall submit an advance copy of the application as soon as the event date(s) and location(s) have been determined by the sponsor. This copy will be without endorsements and serves to reserve the date(s) and location(s) until the completed application is received. Marine Event date(s) and location(s) are reserved on a first come, first serve basis.

(4) If the sponsoring organization is requesting Coast Guard Auxiliary assistance a “Request for Coast Guard Auxiliary Safety Patrol Services” application shall be completed and filed with the Marine Board after the sponsoring organization has made arrangements with the local Coast Guard flotilla.

(5) The agency shall authorize or deny the permit and so notify the sponsor and other interested agencies.

(6) The agency, in authorizing an event, may condition the authorization subject to meeting certain requirements as specified by responsible federal, state or local agencies.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.375
History:
MB 7-1982, f. 10-13-82, ef. 10-15-82

250-010-0097
Application for Special Use Device Permits

(1) For the purpose of this rule the term Special Use Device includes waterski courses, ski jumps, race buoys, kayak race gates and other floating devices used to mark water events. These rules apply to all of the waters of this state.

(2) An individual or organization planning to install a special use device on the waters of this state shall submit a completed application for a special use device permit to the Marine Board at least 30 days before an anticipated installation.

(3) Exemptions. Devices installed in conjunction with an authorized marine event do not require a separate permit other than the permit by ORS Chapter 830 and OAR 250-010-0095. Devices installed for private non-commercial use are permitted for a period up to 12 hours, between sunrise and sunset, without a permit, provided the device is removed before sunset.

(4) The application shall be in such form as required by the Board. The applicant must furnish information on the type of device, dates of installation and proposed use, a description of the location including maps sufficient to locate the planned placement of the device, information identifying adjacent property owners by name and address, and other information deemed necessary by the Board.

(5) The Marine Board will circulate a notice of the proposed installation for public comment and review. Particular notice will be provided to adjacent landowners, the county sheriff and other interested parties. A hearing on the proposed device installation may be held if requested.

(6) The State Marine Director shall evaluate the application and consider public comments in deciding whether to issue a permit. The Director shall consider the size of the waterbody, season of use, probable impacts to adjacent properties, potential for use conflicts and other factors related to the public health, safety and welfare.

(7) The Director may condition permits as to days and hours of operation, anchoring materials and methods, special lighting requirements if any, and other requirements as necessary.

(8) The applicant or other affected parties may appeal the decision of the Director to the Board. Requests for Board review must be in writing within 30 days of the Directors decision on a permit.

(9) A special use permit does not authorize Marine Events. A separate permit is required if a permitted special use device is to be used for a boat race, regatta, tournament or exhibition.

(10) A Marine Board special use permit does not relieve the applicant from other federal, state or local permits, licenses, or approval which may be required.

(11) Permits may be valid for a period up to three years. The permit may be revoked or cancelled for violation of permit conditions, complaints regarding use by the public or county sheriff, or a request by ten or more persons.

(12) The Permittee shall be responsible for ensuring the safety of the proposed device area and keep it clear of debris, obstructions and other elements that constitute a safety hazard. A special device permit shall not give the permittee exclusive use of the waters of the state in the permit area.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
MB 3-1988, f. 4-21-88, cert. ef. 5-15-88

250-010-0110
Investigation of Incidents

(1) The operator of any boat involved in an incident resulting in an injury that requires medical treatment beyond first aid or death to any person shall within 48 hours forward a complete written report of such incident to the Board on a State Marine Board Recreational Boating Incident Report Form.

(2) Incidents involving damage to a boat and other property or equipment damage that amounts to $2,000 or more or results in the complete loss of a boat must be reported within ten days. Forms may be obtained from the State Marine Board or the local sheriff.

(3) Upon receipt of an incident report indicating the death, disappearance, or injury of any person as the result of the incident, the Director of the Board or their designee may investigate the incident and prepare an incident report which will be for the confidential use of administrative and enforcement agencies only.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.475
History:
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 9-2001, f. & cert. ef. 10-29-01
MB 3-1991, f. & cert. ef. 10-15-91
MB 1-1990, f. & cert. ef. 1-23-90
MB 2-1989, f. & cert. ef. 7-6-89
MB 7-1983, f. 11-29-83, ef. 12-1-83
MB 8, f. 6-30-61

250-010-0121
Mufflers

(1) The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled at all times in accordance with ORS 830.260. The term “effectively muffled” shall mean the exhaust system contains a mechanical device or appliance, designed, constructed and so used as to reduce the exhaust noise emissions of a motorboat below the maximum noise levels established in section (2) of this rule. Such device or appliance must be integral to the motorboats’ exhaust system. Water muffling systems which meet this standard are those which incorporate a marine exhaust manifold.

(2) A person shall operate a motorboat on the waters of this state in such a manner that does not exceed the following noise levels:

(a) For engines manufactured before January 1, 1993, a maximum noise level of 90 dBA when subjected to a stationary test as prescribed by SAE J-2005_199112;

(b) For engines manufactured after January 1, 1993, a maximum noise level of 88 dBA when subjected to a stationary test as prescribed by SAE J-2005_199112;

(c) A maximum noise level of 84 dBA measured as specified in the shoreline sound level measurement procedure for recreational motorboats J1970_201102.

(3) This regulation shall not apply to motor-boats competing, under a permit issued by the State Marine Board pursuant to ORS 830.375 or a United States Coast Guard permit, in a regatta, a boat race, or while on official trials for speed records during the time and in a designated area authorized by the permit; and those boats testing in areas designated by the State Marine Board pursuant to ORS 830.350.

[Publications: Publications referenced are available to view at the Oregon State Marine Board.]

Statutory/Other Authority: ORS 830.110 & ORS 830.250
Statutes/Other Implemented: ORS 830.260
History:
OSMB 4-2018, amend filed 03/30/2018, effective 04/01/2018
MB 14-1992, f. & cert. ef. 11-24-92
MB 9-1981, f. & ef. 11-16-81
MB 2-1980, f. 4-23-80, ef. 5-1-80
MB 51, f. 5-3-73, ef. 5-15-73

250-010-0122
Carburetors

(1) All gasoline engines, except outboard motors, must be equipped with an acceptable means of backfire flame control. Installations consisting of backfire flame arresters approved by the U.S. Coast Guard under 46 CFR Parts 25 and 58 are acceptable.

(2) A Coast Guard Approved Flame Arrester bearing basic Approval Nos. 162.016 or 162.041 or engine air and fuel induction systems bearing basic Approval Nos. 162.015 or 162.042 may be continued in use as long as they are serviceable and in good condition. New installations or replacements must meet the applicable requirements of section (3) of this rule.

(3) The following are acceptable means of backfire flame control for gasoline engines:

(a) A backfire flame arrester complying with SAE J-1928 or UL 1111 and marked accordingly. The flame arrester must be suitably secured to the air intake with a flametight connection;

(b) An engine air and fuel induction system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an acceptable backfire flame arrester. A gasoline engine utilizing an air and fuel induction system, and operated without an approved backfire flame arrester, must either include a reed valve assembly or be installed in accordance with SAE J-1928;

(c) An arrangement of the carburetor or engine air induction system that will disperse any flames caused by engine backfire. The flames must be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. Flame dispersion may be achieved by attachments to the carburetor or location of the engine air induction system. All attachments shall be of metallic construction with flametight connections and firmly secured to withstand vibration, shock, and engine backfire. Such installations do not require formal approval and labeling, but must comply with this rule.

[Publications: Publications referenced are available from the agency.]

Statutory/Other Authority: ORS 830.110, 830.235 & 830.250
Statutes/Other Implemented: ORS 830.110 & 830.235
History:
MB 15-1992, f. & cert. ef. 11-24-92
MB 52, f. 8-17-73, ef. 9-1-73

250-010-0125
Ventilation

Pursuant to ORS 830.240, the following ventilation system standards shall apply to all boats:

(1) Powered ventilation (applicable to boats constructed after July 31, 1980 that utilize a gasoline engine for electrical generation, mechanical power or propulsion):

(a) Each compartment in a boat that has a permanently installed gasoline engine with a cranking motor must:

(A) Be open to the atmosphere; or

(B) Be ventilated by an exhaust blower system.

(b) Each exhaust blower or combination of blowers must be rated at an air flow capacity not less than that computed by the formulas given in Table 1 — Column 2. Blower rating must be determined according to AMCA Standard 210-74, Figure 12, dated 1974, or UL Standard 1128 dated August 23, 1977;

(c) Each exhaust blower system required by paragraph (1)(a)(B) of this rule must exhaust air from the boat at a rate which meets the requirements of Table 1 — Column 3 when the engine is not operating;

(d) Each intake duct for an exhaust blower must be in the lower one-third of the compartment and above the normal level of accumulated bilge water;

(e) More than one exhaust blower may be used in combination to meet these requirements;

(f) Each boat that is required to have an exhaust blower must have a label that:

(A) Is located as close as practicable to each ignition switch;

(B) Is in plain view of the operator; and

(C) Has at least the following information:

WARNING — GASOLINE VAPORS CAN EXPLODE. BEFORE STARTING ENGINE OPERATE BLOWER FOR 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGE FOR GASOLINE VAPORS.

(2) Natural ventilation system:

(a) Except for compartments open to the atmosphere, a natural ventilation system that meets the requirements of paragraphs (2)(c)(A) and (B) of this rule must be provided for each compartment in a boat that:

(A) Contains a permanently installed gasoline engine;

(B) Has openings between it and a compartment that requires ventilation where the aggregate area of those openings exceeds two percent of the area between the compartments;

(C) Contains a permanently installed fuel tank and an electrical component that is not ignition protected in accordance with existing U.S. Coast Guard regulations;

(D) Contains a fuel tank that vents into that compartment; or

(E) Contains a non-metallic fuel tank with an aggregate permeability rate of more than the greater of 1.2 grams of fuel loss in 24 hours, or 1.2 grams of fuel loss in 24 hours per cubic foot of net compartment volume (Permeability Rate — reference: fuel “C” at 40° C. plus or minus 2° C. from ASTM Standard D-241, dated April 1975).

(b) Each natural ventilation system must be constructed so that:

(A) Each supply opening required is forward facing and located on the exterior surface of a boat; or

(B) Air flow will occur into or out of the supply or exhaust openings when the boat is in a wind flowing from bow to stern at a velocity of ten miles per hour (boat’s engine not operating).

(c) For the purpose of this section “natural ventilation” means an airflow in a boat compartment achieved by having:

(A) A supply opening or duct from the atmosphere or from a ventilated compartment or from a compartment that is open to the atmosphere; and

(B) An exhaust opening into another ventilated compartment or an exhaust duct to the atmosphere.

(d) Each exhaust opening or exhaust duct must originate in the lower third of the compartment;

(e) Each supply opening or supply duct and each exhaust opening or exhaust duct in a compartment must be located above the normal accumulation of bilge water.

NOTE: Except as provided in subsection (f) of this section, supply openings or supply ducts and exhaust opening or exhaust ducts must each have a minimum aggregate internal cross-sectional area calculated as follows: A = 5 in. (V/5): where:

(A) “A” is the minimum aggregate internal cross-sectional area of the openings or ducts in square inches;

(B) “V” is the net compartment volume in cubic feet, including the net volume of other compart-ments connected by openings that exceed two percent of the area between the compartments; and

(C) In (V/5) is the natural logarithm of the quantity (V/5).

(f) The minimum internal cross-sectional area of each supply opening or duct and exhaust opening or duct must exceed 3.0 square inches;

(g) The minimum internal cross-sectional area of terminal fittings for flexible ventilation ducts installed to meet the requirements of subsection (2)(d) of this rule must not be less than 80 percent of the required internal cross-sectional area of the flexible ventilation duct.

(3) Nothing in this rule shall apply to:

(a) Boats of open construction having at least 15 square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume;

(b) An accommodation compartment above a compartment requiring ventilation that is separated from the compartment requiring ventilation by a deck or other structure.

[ED. NOTE: Tables & Publications referenced are available from the agency]

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.240
History:
MB 1-1981, f. & ef. 3-3-81
MB 37, f. 1-16-68

250-010-0150
Registration and Titling Requirement Exemptions

(1) Undocumented vessels used exclusively for racing shall be exempt from the numbering and title requirements of ORS 830.770 and 830.810.

(2) The Lightship Columbia shall be exempt from the numbering and titling requirements of ORS Chapter 830.

(3) Federally documented commercial vessels are exempt from the numbering and title requirements of ORS 830.705, 830.710, 830.770, 830.780, 830.785, 830.795 to 830.805 and 830.830 to 830.870.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110 & ORS 830.175
History:
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 5-2012, f. & cert. ef. 4-20-12
MB 10-1984, f. 8-13-84, ef. 8-14-84
MB 33, f. 3-30-67
MB 24, f. 3-13-64
MB 11, f. 11-14-61
MB 8, f. 6-30-61
MB 7, f. 8-19-60

250-010-0152
Use of Sirens Prohibited by Other Than Expressly Authorized Peace Officers

Only law enforcement boats are allowed to use a siren on the waters over which this state has jurisdiction.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.035
History:
MB 8, f. 6-30-61

250-010-0154
Personal Flotation Devices

(1) A person must not operate a boat on the waters of this state unless:

(a) At least one wearable Personal Flotation Device (PFD) is on board for each person; and

(b) Each PFD is used in accordance with any requirements on the approved label; and

(c) Each PFD is used in accordance with any requirements in its owner’s manual, if the approved label makes reference to such a manual.

(2) A person must not operate a boat 16 feet or more in length unless one throwable PFD is on board in addition to the total number of wearable PFDs required in section (1) of this rule.

(3) A person must not operate a boat on the waters of this state with a child age 12 and under, unless the child is wearing a U.S. Coast Guard approved personal flotation device, of the appropriate size, while the boat is underway. For the purpose of ORS 830.215, a personal flotation device shall not be considered "readily accessible" for children age 12 and under unless the device is worn while the boat is underway. The PFD must be worn at all times by a child age 12 and under whenever the boat is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted:

(a) While the child is below deck, or in the cabin of a boat with enclosed cabin.

(b) While a child is on a sailboat and tethered by means of a lifeline or harness attached to the sailboat.

(c) While a child is on a U.S. Coast Guard inspected passenger-carrying vessel operating on the navigable waters of the United States.

(4) A person must not operate a personal watercraft (PWC), as defined in OAR 250-021-0020, unless each person operating or riding on the vessel is wearing an inherently buoyant Coast Guard approved wearable PFD that does not have a limitation or restriction on its approval that would prevent its use on a PWC.

(5) A properly secured wearable PFD must be worn by persons in a boat while navigating sections of river with a commonly accepted scale of river difficulty rated Class III or higher. The personal flotation devices worn by boaters must:

(a) Be approved by the U.S. Coast Guard as a wearable personal flotation device.

(b) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers.

(c) Not be an inflatable personal flotation device.

(6) Exemptions:

(a) Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional throwable PFD.

(b) Racing shells, rowing sculls, racing canoes and racing kayaks are exempted from the requirements for carriage of any PFD. Racing shells, rowing sculls, racing canoes, and racing kayaks are manually propelled vessels that are recognized by national or international racing associations for use in competitive racing an in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and are not designed to carry and do not carry any equipment not solely for competitive racing.

(c) Sailboards are exempted from the requirements for carriage of any PFD.

(d) Float tubes as defined in OAR 250-010-0010 are exempted from the requirements for carriage of any PFD.

Statutory/Other Authority: ORS 830.215
Statutes/Other Implemented: ORS 830.215
History:
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 2-2010, f. & cert. ef. 1-15-10
MB 1-1998, f. 1-15-98, cert. ef. 2-14-98
MB 9-1997, f. & cert. ef. 10-8-97
MB 2-1996, f. & cert. ef. 2-13-96
MB 1-1995, f. 3-21-95, cert. ef. 5-1-95
MB 12-1988, f. 12-28-98, cert. ef. 1-1-89
MB 2-1984, f. & ef. 1-5-84
Suspended by MB 11-1983(Temp), f. 11-29-83, ef. 12-1-83
MB 54, f. 10-29-73, ef. 11-25-73
MB 18, f. 2-5-63
MB 8, f. 6-30-61

250-010-0155
Fire Extinguishers

(1) Every motorboat, except outboard motorboats less than 26 feet in length of open construction and boats powered solely by electrical power, shall carry on board, fully charged and in serviceable condition, the following hand portable marine approved fire extinguishers:

(a) Motorboats with no fixed fire extinguishing system in the machinery space and which are:

(A) Less than 26 feet in length — One extinguisher;

(B) Twenty-six feet but less than 40 feet in length — Two extinguishers;

(C) Forty feet or longer in length — Three extinguishers.

(b) Motorboats with a fixed extinguishing system in the machinery space and which are:

(A) Less than 26 feet — No hand portable extinguisher required;

(B) Twenty-six feet or longer in length, but less than forty feet in length — One extinguisher;

(C) Forty feet or longer in length — Two extinguishers.

(2) The fire extinguishers required by this section are Class 5-B as described in Title 46, Code of Federal Regulation, 25.30, however, one Class 20-B described in that regulation may be substituted for two Class 5-B extinguishers. For the purposes of this rule, a fire extinguisher older than 12 years from its stamped date does not meet the requirements.

(3) This rule does not apply to motorboats propelled by outboard motors while competing in any race previously arranged and announced or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

Statutory/Other Authority: ORS 830.220
Statutes/Other Implemented: ORS 830.220
History:
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
MB 17-1983, f. 11-29-83, ef. 12-1-83

250-010-0156
Sound Signaling Appliances

(1) A vessel of less than 39 feet 4 inches (12 meters) must carry an efficient sound signaling appliance such as a bell, horn, or whistle.

(2) A vessel of 39 feet 4 inches (12 meters) in length but less than 65 feet 6 inches (20 meters) must carry a whistle and a bell. The whistle and the bell shall comply with Title 33, Code of Federal Regulation 83.33.

(3) This rule does not apply to motorboats propelled by outboard motors while competing in any race previously arranged and announced or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.230
History:
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
MB 18-1983, f. 11-29-83, ef. 12-1-83

250-010-0160
Board Not to Approve Products of Manufacturers

The Marine Board will not endorse or approve the products of any individual or firm.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
MB 5, f. 7-13-60

250-010-0164
Visual Distress Signals

Vessels operating in ocean or coastal waters west of the line of demarcation, as described in the January 1, 2015, Title 33 Part 80 of the Code of Federal Regulations (CFR), are required to carry visual distress signals as defined in CFR Title 33 Part 175, effective January 1, 2015.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.245 & ORS 830.250
History:
OSMB 3-2018, amend filed 02/13/2018, effective 03/01/2018
OSMB 2-2015, f. 4-29-15, cert. ef. 5-1-15

250-010-0166
Engine Cut-off Switches

A person must use an engine cut-off switch link while operating a motorboat at a planing speed. This rule does not apply if:

(1) The boat is not equipped with an engine cut-off switch, or

(2) The main helm of the boat is installed within an enclosed cabin.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
History:
OSMB 6-2023, adopt filed 12/21/2023, effective 12/22/2023

250-010-0201
Uniform Waterway Marking System; Definitions

(1) "Buoy" is any device designed to float and to be held in a fixed position in a water area and which is used to convey an official message.

(2) “Calm water buoy” is a buoy designed for use in lakes, reservoirs, or other waterbodies where currents are minimal.

(3) "Display Area" is the area needed to display a waterway marker symbol such as a diamond, circle, or square.

(4) “Fast water buoy” is a buoy designed for use in rivers, tidal areas, or other waterways where water currents exist.

(5) “Information marker” is a waterway marker used to convey information to boat operators other than regulatory matters, such as warnings of dangers or obstructions to navigation or other information of an official nature which will contribute to the health, safety, and well-being of boaters.

(6) “Mooring buoy” is a device that is permanently secured to the bottom of a body of water and to which a vessel may be secured when not underway.

(7) “Regulatory marker” is a waterway marker used to alert boat operators to restrictions set in law including, but not limited to, boat exclusion areas and motor, horsepower, speed, or wake restrictions.

(8) "Sign" is a device which is attached to another object such as a piling, buoy, pier, or the land itself which is used to convey an official message.

(9) "Waterway Marker" is any device placed by the Marine Board, or by a political subdivision or person with the permission of the Marine Board, under the authority of ORS 830.110(13), designed to be placed in, or near water to convey an official message to a boat operator. The term "waterway marker" includes within its meaning the terms "buoy" and "sign”

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
Renumbered from 250-010-0175 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

250-010-0206
Waterway Marker Permits Required and Exemptions

(1) No person or political subdivision shall place or cause to be placed any waterway marker in, on, or over the waters of this state without a permit from the Marine Board after July 1, 2015.

(2) Regulatory markers established before July 1, 2015, including markers deployed year-round and markers deployed seasonally, when supported by statute or rule, are exempt from the permit requirements of OAR 250-010-0215 to 250-010-0235 until the equipment is replaced. Existing regulatory markers that are not supported by statute or rule or that are an unreasonable hazard to navigation are subject to the removal provisions of 250-010-0235(4).

(3) A Marine Board waterway marker permit does not relieve the applicant from obtaining other federal, state or local permits, licenses, or approval which may be required.

(4) The permit requirements of OAR 250-010-0206 to 250-010-0235 shall not apply to:

(a) The US Government or its agencies, nor to any aid to navigation, waterway marker, mooring buoy, or other similar device placed by the US Government or its agencies on federally navigable waterways;

(b) Contracted law enforcement agencies placing markers purchased and owned by the Marine Board;

(c) Persons or political subdivisions placing a special use device if the owner of the special use device applied for and received a special used device permit as specified in OAR 250-010-0097.

(d) Persons or political subdivisions placing waterway markers used only during a marine event approved under OAR 250-010-0095.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

250-010-0215
Application for Waterway Marker Permit

(1) Any person or political subdivision not exempted in OAR 250-010-0206(4), desiring to place a waterway marker shall apply for a permit from the Marine Board.

(2) The information marker application and the regulatory marker application, provided by the Marine Board, must identify information on the type of device, a description of the location including maps sufficient to locate the planned placement of the device, any comments or reference to required permits from other waterway management agencies, and other information deemed necessary by the Board.

(3) Persons or political subdivisions who have received permission from the US Army Corps of Engineers and the US Coast Guard to establish private aids to navigation pursuant to 33 CFR §66 prior to July 1, 2015 can submit a copy of the private aid to navigation approval in lieu of the form required in OAR 250-010-0215(2).

(4) The agency will authorize or deny the permit within 30 days and so notify the sponsor and other interested agencies.

(5) The applicant or other affected parties may appeal the decision of the agency to the Board. Requests for Board review must be in writing within 30 days of the agency’s decision on a permit. Any person aggrieved by a decision of the Board regarding the issuance or denial of a waterway marker permit is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS Chapter 183.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

250-010-0225
Waterway Marker Placement Conditions

(1) After obtaining the requested waterway marker permit, the applicant must install, inspect, maintain, and remove the permitted marker at their own expense and as directed by the Marine Board.

(2) All markers must comply with the characteristics and standards of OAR 250-010-0240 to 250-010-0275 and all permits issued pursuant to this chapter are subject to the following conditions

(a) Placement of these markers must be as requested in the application. Any deviation will require the applicant to apply to have the permit amended.

(b) The applicant must attach a Marine Board supplied coding device or permanently attach the permit number on the top of the marker.

(c) All markers must be maintained in proper condition at all times. A discrepancy exists whenever a marker is not as described in the approved application or is destroyed, damaged, moved, or is otherwise unserviceable.

(d) Authorization by the Marine Board for the placement of a marker does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it preclude the necessity of complying with any other federal, state or local laws or regulations.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: 830.110
History:
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

250-010-0230
Transfer of Ownership of Waterway Markers

When any waterway marker(s) authorized under permit by the Marine Board, or the facility with which the marker(s) are associated, is sold or transferred, the Marine Board must be notified within 30 days.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: 830.110
History:
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

250-010-0235
Discontinuance and Removal of Waterway Markers

(1) Any permitted waterway marker may be discontinued and removed by the permittee. Upon completion of the removal of the marker, the permitee shall notify the Marine Board in writing within 30 days.

(2) If the statute or rule supporting a regulatory marker is amended, the permittee must relocate or otherwise modify those waterway markers placed by the permittee in order to implement the statute or rule, within 30 days of notification from the Marine Board.

(3) If the statute or rule supporting a regulatory marker is repealed, the permittee shall remove from the waters of this state all regulatory markers the permittee placed that correspond to the repealed statute or rule, within 30 days of notification from the Marine Board of the rule or statute repeal.

(4) The Marine Board or any peace officer charged with the enforcement of OAR Chapter 250 may remove, or cause the removal of, any marker found in violation of OAR Chapter 250, or that does not conform to the permit authorizing the placement of the marker, if the violation is not corrected within 30 days following notification of the permittee of the violation. Waterway markers that create an unreasonable hazard to navigation may be removed immediately.

(5) Non-conforming or non-permitted waterway markers removed from the waterway remain the property of the owner. Reoccurring removals of non-conforming or non-permitted markers may result in permanent seizure and will be disposed of in accordance with ORS 98.245.

(6) The permittee may appeal the decision to remove non-conforming or non-permitted waterway markers to the Board. Requests for Board review must be in writing within 30 days of the removal action. Any person aggrieved by a decision of the Board regarding the issuance or denial of a waterway marker permit is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS Chapter 183.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: 830.110
History:
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

250-010-0240
Characteristics of Waterway Markers

(1) Channel markers shall be designated as follows:

(a) A solid red marker shall indicate that side of a channel to be kept to the right of a vessel when entering the channel from the main water body;

(b) A solid green marker shall indicate that side of a channel to be kept to the left of a vessel when entering the channel from the main water body;

(c) A red and white vertically striped marker shall indicate the center of a navigable channel.

(2) Informational and regulatory markers shall contain the symbols and messages as follows:

(a) A diamond shape of international orange with white center shall be used to indicate danger from natural or man-made hazard. The nature of the hazard may be indicated by words or well-known abbreviations in black letters inside the diamond shape, or above and/or below it on white background. Common messages include Danger, Rocks, and Low Water.

(b) A diamond shape of international orange with a cross of the same color within it against a white center shall be used to indicate a water zone where vessels may not enter. Any words or well-known abbreviations must be in black letters above and/or below the shape on white background. Common messages include Exclusion Zone, No Entry, Swim Area, and No Boats.

(c) A circle of international orange with white center shall be used to indicate water zone within which a control or restriction is imposed upon operation of vessels and/or use of the zoned area. The nature of the control shall be indicated by words, numerals, or well-known abbreviations in black letters inside the circular shape, or above and/or below it. Common messages include Slow No Wake, speed restrictions, and motor type restrictions.

(d) A rectangular shape of international orange with white center may be used to convey other information of an official nature which will contribute to the health, safety, and well-being of boaters using the state's waters. The message will be presented within the shape in black letters. Common messages include Marina Entrance, Wildlife Refuge, services, and other general information.

(3) Markers may be numbered for identification. In the case of channel markers, red markers will be identified with even numbers and green markers with odd numbers

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
Renumbered from 250-010-0180 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 7-1984, f. 2-14-84, ef. 2-15-84
MB 19, f. 2-20-63

250-010-0245
Buoy Standards

(1) Buoys must meet the following specifications for design and construction:

(a) Be a commercial available design approved by the Marine Board;

(b) Be self-righting;

(c) Have a durable hard plastic shell;

(d) Have internal foam floatation and a ballast system.

(2) Calm water buoys must conform to the following minimum dimensions:

(a) The minimum height above the waterline must be 34 inches;

(b) The minimum diameter must be 8 inches.

(3) Fast water buoys must conform to the following minimum dimensions:

(a) The minimum height above the waterline must be 36 inches;

(b) The minimum can diameter must be 10 inches;

(c) The minimum float collar base diameter must be 21 inches

(4) When a buoy is used as an informational or regulatory marker, it shall:

(a) Be white with horizontal bands of international orange placed completely around the buoy circumference. One band shall be at the top of the buoy body, with a second band placed just above the water line of the buoy so that both international orange bands are clearly visible to approaching vessels. The area of the buoy body visible between the two bands shall be white;

(b) Contain the symbols and messages described in 250-010-240(2)(a)–(d) placed in the center of the display area, between the horizontal bands.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
Renumbered from 250-010-0175 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

250-010-0255
Sign Standards

(1) Signs shall be made of materials which will retain, despite weather and other exposure, the characteristics essential to their basic significance, such as color, shape, legibility, and position. Acceptable materials include:

(a) 0.080” aluminum;

(b) Fluted twin wall corrugated plastic sheet; or

(c) Other materials as approved by request to the Marine Board.

(2) The size of a display area shall be as required by circumstances, except no display area shall be smaller than 24 inches in height by 18 inches in width.

(3) When a sign is used as an informational or regulatory marker it shall:

(a) Be rectangular in shape and have a white background;

(b) Contain the symbols and messages described in 250-010-240(2)(a)–(d) placed in the center of the display area.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
Renumbered from 250-010-0190 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

250-010-0260
Standards for Letter or Numeral Elements of Markers

Letters, numerals, or figures used with the marker symbol shall be black, and in block characters of good proportion, and spaced in a manner which will provide maximum legibility.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
Renumbered from 250-010-0195 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

250-010-0265
Standards for Mooring Buoys

In order that mooring buoys shall not be mistaken for waterway markers, they shall be white with a blue band clearly visible above the water line, except those in officially designated mooring areas.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
Renumbered from 250-010-0205 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

250-010-0270
Standards for Swim Area Markers

(1) Only swim areas established by a public body in statute, rule or ordinance shall be considered marked swimming areas under ORS 830.345(2).

(2) Swim area markers must include regulatory buoys or signs at the corners of the designated swim area that display the message “swim area” and a diamond shape of international orange with a cross of the same color within it against a white background. The regulatory buoys or signs must be connected by a visible floating line to demarcate the boundaries of the swim area.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: 830.110 & 830.345
History:
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

250-010-0275
The "Divers" Flag

(1) A red flag with a white diagonal running from the upper left hand corner to the lower right hand corner (from mast head to lower outside corner) and known as the "Diver Flag" shall, when displayed on the water, indicate the presence of a diver submerged in the immediate area.

(2) Recognition of this flag by regulation will not be construed as conferring any rights or privileges on its users, and its presence in a water area will not be construed in itself as restricting the use of the water area so marked.

(3) Operators of vessels engaged in diving operations shall comply with OAR 250-011-0140 as required.

(4) Operators of transiting vessels shall exercise caution commensurate with conditions indicated when in the vicinity of indicated diving operations.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
History:
Renumbered from 250-010-0210 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 11-1984, f. 8-13-84, ef. 8-14-84
MB 8-1983, f. 11-29-83, ef. 12-1-83
MB 19, f. 2-20-63

250-010-0300
Floating Home/Boathouse Registration and Titling; Definitions

(1) "Board" means the Oregon State Marine Board.

(2) "Boathouse" means a covered structure on floats or piles used for the protected moorage of boats.

(3) "Floating Home" means a moored structure that is secured to a pier or pilings and is used primarily as a domicile and not as a boat.

(4) "Owner" means a person or persons who have a property interest other than a security interest in a floating home or boathouse, and the right of use or possession of the floating home or boathouse, but does not include a lessee.

(5) "Ownership" means a property interest other than a security interest.

(6) "Person" means an individual, partnership, firm, corporation, association, or other entity.

(7) "Security Interest" means an interest reserved or created by agreement which secures payment or performance of an obligation as more particularly defined by subsection (37) of ORS 71.2010.

(8) "Waters of This State" means all waters within the territorial limits of this state, the marginal sea adjacent to this state, and the high seas when navigated as a part of a journey or ride to and from the shore of this state.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.850
History:
OSMB 9-2007, f. & cert. ef. 7-2-07
MB 1-1978, f. & ef. 4-5-78

250-010-0310
Certificate of Registration and Title for a Floating Home or Boathouse

(1) The application shall be made on a form furnished by the Board and mailed directly to the Oregon State Marine Board or presented in person with the required fee.

(2) Application forms shall be available at the office of the Board.

(3) The Certificate of Registration shall contain ownership data, location, and property description. The certificate of title shall contain ownership data, transfer of ownership data, location, and property description.

(4) With each Certificate of Registration issued by the Board, there shall be issued one registration plate. The plate shall be placed on the structure near the electric meter, to be clearly visible from the access walkway. If a meter is not on the premises, or if it is located in an area that is not accessible, the registration plate shall be placed on the structure in an area that is clearly visible from the access walkway.

(5) The numbers on the plate will correspond with the registration serial number issued by the Board on the original application. The plate color will be white background with green numbers and so maintained to be clearly visible and legible at all times.

(6) When an application for a Certificate of Title indicates that the legal owner of the Floating Home/Boathouse is other than the principal owner, the title will be mailed to the legal owner.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.855
History:
MB 1-1984, f. & ef. 1-5-84
Suspended by MB 10-1983(Temp), f. 11-29-83, ef. 12-1-83
MB 1-1978, f. & ef. 4-5-78

250-010-0320
Oregon Floating Home/Boathouse Registration Numbering System

(1) The Floating Home/Boathouse numbering system adopted for use in the State of Oregon shall consist of the designator FH (Floating Home), BH (Boathouse), or C (Combination Floating Home/Boathouse). The assigned number will correspond to the identifying registration plate issued with the initial title or the replacement plate if applicable. NUMBERING EXAMPLES:

(a) FH0001 through FH9999.

(b) BH0001 through BH9999.

(c) C0001 through C9999.

(2) The title number will contain seven numeric characters preceded by an alpha letter upon issuance of the second title, beginning with the letter A and continuing through Z as subsequent titles are issued. TITLE NUMBERING EXAMPLES: Initial title 0000001 then A0000001 through Z9999999.

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.870
History:
OSMB 9-2007, f. & cert. ef. 7-2-07
MB 1-1978, f. & ef. 4-5-78

250-010-0325
Report of Transfer, Abandonment, or Wrecking of Floating Home/Boathouse or Change of Address

(1) The owner of a Floating Home/Boathouse for which a valid identifying number has been awarded by this state shall notify the Board within 30 days of transfer of ownership. Abandonment or destruction of the structure also requires mailing the title to the Board within 30 days for cancellation.

(2) Within 30 days after any change of address, the owner of a Floating Home or Boathouse shall report the change of location to the Board.

(3) Title transfers received for processing 31 or more days after transfer, abandonment or destruction shall be assessed a late penalty fee of $25. All late penalty fees shall be in addition to the prescribed original issuance title fee.