§ 40. Equipment. Equipment required herein shall be carried on every vessel except as otherwise provided, while underway, or at anchor with any person aboard, while on the navigable waters of the state and any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties. Should the federal government adopt vessel equipment requirements different from those contained in this section, the commissioner shall be authorized to adopt rules and regulations superceding the vessel equipment requirements of this section to achieve consistency with federal standards, and shall submit such proposed rules and regulations to the secretary of state in accordance with the state administrative procedure act within thirty days of the adoption of federal equipment requirements or submit a statement as to why such conforming changes are not being proposed.

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1. Personal flotation devices.

(a) Every pleasure vessel and every rowboat, canoe and kayak shall have at least one wearable personal flotation device for each person on board, which shall be of a type approved by the United States coast guard and shall be in good condition.

(b) Pleasure vessels sixteen feet and greater in length shall carry at least one type IV throwable personal flotation device which shall be of a type approved by the United States coast guard and shall be in good condition.

(c) Every operator or person in charge or control of a pleasure vessel, rowboat or canoe, as described in paragraphs (a) and (b) of this subdivision, shall be responsible for compliance with the provisions of this subdivision.

(d) No person shall operate a pleasure vessel of Class A, one, two or three as classified and defined in subdivision one of section forty-three of this article or a rowboat, canoe or kayak nor shall the owner of such vessel while on board such vessel knowingly permit its operation, unless each person on such vessel under the age of twelve is wearing a securely fastened United States Coast Guard approved wearable personal flotation device of an appropriate size when said vessel is underway. The provisions of this paragraph shall not apply to any person on such vessel under the age of twelve who is within a fully enclosed cabin.

(e) No owner or operator of a pleasure vessel less than twenty-one feet, including rowboats, canoes, and kayaks shall permit its operation, between November first and May first, unless each person on board such vessel is wearing a securely fastened United States Coast Guard approved wearable personal flotation device of an appropriate size when such vessel is underway.

2. Whistle. Every vessel and every rowboat, canoe and kayak shall be provided with an efficient whistle. The word "whistle" shall mean any sound producing mechanical appliance, except sirens, capable of producing a blast of two seconds or more in duration and of such strength as to be heard plainly for a distance of at least one-half mile in still weather. A siren whistle may only be attached to a vessel operated by a police department, fire department or public utility company, and used only on emergency calls. On vessels less than thirty-nine feet in length, a mouth whistle capable of producing a blast of two seconds or more in duration, which can be heard for at least one-half a mile, may be used.

3. Anchors. Every mechanically propelled vessel shall carry an anchor and cable of sufficient weight and strength to provide a safe anchorage for such vessel. It shall be the duty of the master of such vessel to exercise reasonable care and caution and maritime skill in everything relating to the safe anchorage of his vessel.

4. Carburetor backfire flame arresters. The carburetor of every gasoline engine installed in a mechanically propelled vessel after April twenty-five, nineteen hundred forty, except outboard motors, shall be fitted with a United States coast guard approved device for arresting backfire.

5. Classification of fire extinguishers. Hand portable fire extinguishers capable of extinguishing gasoline, oil or grease fires shall be classified as prescribed and approved by the commissioner.

6. Fire extinguishers required. (a) Every mechanically propelled vessel as classified and defined by subdivision one of section forty-three of this article, except outboard motor boats less than twenty-six feet in length, of open construction, shall carry United States coast guard approved fire extinguishers in accordance with the following:

Class A motor boats shall carry one 5-B fire extinguisher.

Class 1 motor boats shall carry one 5-B fire extinguisher.

Class 2 motor boats shall carry two 5-B fire extinguishers.

Class 3 motor boats shall carry three 5-B fire extinguishers.

Class 4 motor boats shall carry fire extinguishers and other fire fighting equipment as required by the federal navigation law and rules and regulations made by the United States coast guard for uninspected vessels.

(b) One class 20-B fire extinguisher may be substituted for two class 5-B fire extinguishers.

(c) When the engine compartment of the motor boat is equipped with a fixed fire extinguishing system of a United States coast guard approved type, one less class 5-B fire extinguisher is required.

(d) No fire extinguishers of the toxic vaporizing liquid type, including those containing carbon tetrachloride and chlorobromomethane extinguishing agents shall be approved by the commissioner.

(e) Disposable fire extinguishers are considered expired twelve years after their date of manufacture. Expired or previously used fire extinguishers do not meet the requirements of paragraph (a) of this subdivision.

7. Visual distress signals. Every vessel of sixteen feet or more, regardless of the distance of the vessel from shore, shall carry, to be displayed and used whenever such vessel is in need of assistance, the number and type of visual distress signals that are required by the United States coast guard for operation on waters under federal jurisdiction. Such devices shall be in serviceable condition and readily accessible on board the vessel and the service life, if marked upon the device, shall not have expired. The provisions of this subdivision shall not apply to open sailboats under twenty-six feet in length that are not equipped with mechanical power or vessels participating in an organized marine event for which a permit has been granted by the commissioner pursuant to section thirty-four of this chapter, or by the United States coast guard. All vessels shall carry visual distress signals suitable for night use between sunset and sunrise. At all times the provisions of this subdivision shall not apply to vessels engaged in commerce and having a valid marine document issued by the United States or a foreign government.

8. Ventilation. All mechanically propelled vessels, the construction or decking over of which is commenced after April twenty-fifth nineteen hundred forty, and which uses fuel having a flash point of one hundred ten degrees fahrenheit or less shall have at least two ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel tank compartment in order to remove any inflammable or explosive gases. Such mechanically propelled vessels so constructed as to have the greater portion of the bilges under the engine and fuel tanks open and exposed to the natural atmosphere at all times need not be required to be fitted with such ventilators.

9. Motor boats of greater than thirty-nine feet in length shall carry a bell.

10. Any violation of the provisions of this section, or of a rule or regulation adopted pursuant to this section, shall constitute a violation punishable by a fine of not less than twenty-five nor more than one hundred dollars.

11. The provisions of this section shall not apply to vessels competing in duly authorized regattas and trials preceding such regattas.

12. Any person or business which, in the regular course of business, sells, offers for sale, leases or offers for lease new or used vessels or outboard motors to the general public shall, upon the sale or lease of any vessel or outboard motor, provide the purchaser with a list of required equipment as set forth in this section and any rule or regulation promulgated pursuant to this section.

13. The operator of a vessel under twenty-six feet in length equipped with an engine cut-off switch shall use the engine cut-off switch when the vessel is operating on plane or above displacement speed. The use of an engine cut-off switch shall not be required when the operator is in a fully enclosed cabin.