Introduced Version
House Bill 3020 History
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H. B. 3020
(By Delegates Miley, Iaquinta, Longstreth,
Guthrie, White, Boggs, Caputo, Skaff,
P.Smith, Moye and Ferro)
[Introduced March 21, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto six new sections, designated §20-7-24,
§20-7-25, §20-7-26, §20-7-27, §20-7-28 and §20-7-29, all
relating to improving boat dock and marina safety, prevent
electrocution injury, require compliance with national
standards, require work by certified electricians, and impose
criminal penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto six new sections, designated §20-7-24, §20-7-25,
§20-7-26, §20-7-27, §20-7-28 and §20-7-29, all to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
PART III. BOAT, BOAT DOCK AND MARINA SAFETY REQUIREMENTS.
§20-7-24. Legislative findings.
_____The Legislature finds that West Virginia is known for its beautiful and abundant waterways, lakes and rivers which provide a
draw for tourism and a boost for our economy. Our waterways,
lakes and rivers should be a safe place for children and families
to enjoy. There have been cases recently where children have died
because the water where they were swimming was electrified by the
ungrounded and improper connection of electricity to boat docks and
marinas. Electricity and water create a deadly combination that
can paralyze a swimmer which can result in the swimmer drowning.
Children who are swimming are particularly vulnerable to
electrocution and shock in the water. Bringing boat docks and
marinas up to the National Fire Protection Association and National
Electric Code Standards for Marinas and Boatyards is necessary for
the protection and safety of all of those who enjoy our waterways,
lakes and rivers for recreation and to protect our tourism
industry.
_____This Part III is enacted to provide a comprehensive program of
boat, boat dock and marina safety and prevention of electrocution
injury and may be cited as the "Michael Cunningham Law."
§20-7-25. Definitions.
_____As used in Part III of this article:
_____(a) "ABYC" means the American Boat and Yacht Council;
_____(b) "Boat dock" means a man-made structure that protrudes into
a body of water for the purpose of mooring a boat or for other
water-related recreation, including boat liveries, and that is connected to an electrical power source in any manner;
_____(c) "Boat dock or marina owner or operator" means any person
who:
_____(1) Has an ownership interest in a boat dock or marina, other
than a lienholder; or
_____(2) Operates a boat dock or marina;
_____(d) "Ground fault circuit interrupter" means a device that
functions to de-energize a circuit, or a portion thereof, within an
established period of time when current to ground exceeds a
predetermined value that is less than required to operate the over
current protective device of the supply circuit;
_____(e) "Marina" means a dock including a boat dock or basin
providing moorings for motorboats and offering supply, repair or
other services, including electrical power supply, for
remuneration;
_____(f) "Motorboat" means any vessel propelled by an electrical,
steam, gas, diesel or other propelled or driven motor, whether the
motor is the principal source of propulsion, but does not include
a vessel with a valid marine document issued by the United States
Bureau of Customs or any federal agency that is the successor to
the Bureau of Customs;
_____(g) "Operate" means to navigate or otherwise use a vessel;
_____(h) "Owner" means a person, other than a lienholder, having
the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to
an interest in another person, reserved or created by agreement and
securing payment or performance of an obligation, but the term
excludes a lessee under a lease not intended as security;
_____(i) "Person" means an individual, partnership, firm,
corporation, association or other entity; and
_____(j) "Vessel" means every description of watercraft, other than
a seaplane on the water, used or capable of being used as a means
of transportation on the water.
§20-7-26. Boat Dock and Marina Safety Requirements
__Swimming and Signage.
__All boat dock or marina owners or operators shall install
permanent safety signage with print legible at eighty feet of
distance and placed to give adequate notice, to persons using the
boat dock or marina or swimming near the boat dock or marina, of
the electric shock hazard risks of the waters around the boat dock
or marina. The signage shall state: "ELECTRIC SHOCK HAZARD RISK: NO
SWIMMING WITHIN 100 YARDS OF THE BOAT DOCK".
§20-7-27. Boat Dock and Marina Safety Requirements-Electrical
Shock and Electrocution.
__(a) All boat dock or marina owners or operators shall comply
with the following requirements to prevent electrical shock,
electrocution or injury to users of their facilities and the surrounding areas:
__(1) All electrical wiring shall be installed by and maintained
by a holder of a valid West Virginia electrician license or master
electrician license in accordance with the most recently adopted
versions of the National Fire Protection Association's Standards
for Marinas and Boatyards (NFPA) 303 and the National Electric Code
(NFPA 70);
__(2) Install ground fault circuit interrupters on all boat dock
and marina electrical wirinq circuits; and
__(3) Cause annual inspection by a West Virginia certified
electrical inspector or master electrician of all sources of
electrical supply, including ship-to-shore power pedestals,
submergible pumps, and sewage pump-out facilities, that could
result in unsafe electrical current in the water.
__(c) All work performed on rental motor boats or vessels shall
be performed by electricians licensed in West Virginia who are
familiar with ABYC standards or by an ABYC certified electrical
technician.
§20-7-28. Compliance date.
__Each boat dock and marina shall be in full compliance with
this section by August 1, 2014.
§20-7-29. Penalties.
__(a) On or after August 1, 2014, a boat dock or marina owner or
operator who violates section twenty-six or twenty-seven of this article, and the violation does not result in the injury or death
of a person, for the first offense, shall be issued a warning
citation with no court appearance or penalty and, for a second or
subsequent offense, be fined $100;
__(b) A boat dock or marina owner or operator who violates
section twenty-six or twenty-seven of this article, and the
violation results in the injury of a person, is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail
for not more than six months, or fined not more than $500, or both
fined and confined; and
__(c) A boat dock or marina owner who violates section
twenty-six or twenty-seven of this article and the violation
results in the death of a person, is guilty of a misdemeanor and
upon conviction thereof, shall be confined in jail for not more
than one year, or fined not more than $1,000, or both fined and
confined.
NOTE: The purpose of this bill is to improve boat dock and
marina safety, prevent electrocution injury, require compliance
with national standards, require work by certified electricians,
and impose criminal penalties for violations.
§20-7-24, §20-7-25, §20-7-26, §20-7-27, §20-7-28 and §20-7-29
are new; therefore, they have been completely underscored.