§ 3381. Divers; flag required

(a) As used in this section:

(1) “Diver” means any person who is wholly submerged in the waters of the State and is equipped with a face mask and snorkel or “underwater breathing apparatus.”

(2) “Divers-down flag” means a flag that is either square or rectangular, to approximately four units high by five units long, with a one-unit diagonal stripe. The divers-down flag shall have a white diagonal stripe on a red background. The stripe shall begin at the top staff-side of the flag and extend diagonally to the opposite lower corner. The flag shall be free-flying and shall be removed when all divers are out of the water. The minimum size shall be 12 by 12 inches.

(b) All divers shall prominently display a divers-down flag in the area in which the diving occurs, other than when diving in an area customarily used for swimming only. Persons diving together as a group, in the same diving area, shall display at least one flag.

(c) A person who violates this section shall be assessed a civil penalty of not more than $100.00 for each violation. (Added 1987, No. 140 (Adj. Sess.), § 2, eff. April 8, 1988; amended 2019, No. 131 (Adj. Sess.), § 243.)