Section 281.3114. Vessel damage, repairs, and alterations; reports; repair and alteration standards; modification of corrections and repairs; determination of unsafe vessel; modification and inspection exception.

(1) When a vessel has an accident causing physical damage, has a grounding causing physical damage, or is to be hauled out and dry docked to carry out major repairs or  alterations  affecting  the  vessel's seaworthiness, the owner of the vessel shall immediately report to the marine inspector or the marine safety section of the department the nature of the damage repairs, or alterations. Physical damage  does not  include breakage of glass, lights, or decorative items.

(2)    All repairs and alterations shall be done in accordance with good marine practice and standards and approved by the marine inspector before the work is started. Drawings, sketches, or written specifications may be required by the marine inspector depending on the nature and extent  of the repairs or alterations.

(3)   The owner of a vessel shall not allow the vessel to be returned to service or returned to the water until all repairs or alterations  have been completed and the vessel has been reinspected and approved by the marine inspector. The marine inspector shall reinspect the vessel as soon as possible after notification by the owner that the  repairs and alterations have been completed.

(4)    When corrections or repairs to the vessel or associated equipment are required as a result of an inspection by the marine inspector, the owner of the vessel shall notify the marine inspector when the corrections or repairs have been made.

(5)     When, during the course of an inspection, the marine inspector finds equipment or conditions which are not addressed in these  rules   and  which are unsafe or jeopardize the safety of the passengers carried onboard, the marine inspector shall require that the  condition  be   corrected   or  the equipment removed from the vessel.

(6)    When it is determined by the marine inspector and the state boating law administrator that a vessel, because of its construction or design, or both, is not safe to carry  passengers   for  hire,  a  certificate   of inspection shall not be issued. The  owner, if  not  satisfied  with  the decision of the department, may seek relief in accordance with Act No. 306 of the Public Acts of 1969, as amended,   being   S24.201    et   seq.   of

the Michigan   Compiled   Laws,   and    known   as     the       Michigan         administrative procedures act.

(7)   Notification and inspection shall not be required for general maintenance drydocking or hauling out.

History: 1982 AACS.