Shipping - 46 USC Section 3503

01/19/04

Sec. 3503. Fire-retardant materials

(a) A passenger vessel of the United States having berth or
stateroom accommodations for at least 50 passengers shall be
granted a certificate of inspection only if the vessel is
constructed of fire-retardant materials. Before November 1, 2008,
this section does not apply to any vessel in operation before
January 1, 1968, and operating only within the Boundary Line.
(b)(1) When a vessel is exempted from the fire-retardant
standards of this section -
(A) the owner or managing operator of the vessel shall notify
prospective passengers that the vessel does not comply with
applicable fire safety standards due primarily to the wooden
construction of passenger berthing areas;
(B) the owner or managing operator of the vessel may not
disclaim liability to a passenger for death, injury, or any other
loss caused by fire due to the negligence of the owner or
managing operator;
(C) the penalties provided in section 3504(c) of this title
apply to a violation of this subsection; and
(D) the owner or managing operator of the vessel shall notify
the Coast Guard of structural alterations to the vessel, and with
regard to those alterations comply with any noncombustible
material requirements that the Coast Guard prescribes for
nonpublic spaces. Coast Guard requirements shall be consistent
with preservation of the historic integrity of the vessel in
areas carrying or accessible to passengers or generally visible
to the public.
(2) The Secretary shall prescribe regulations under this
subsection on the manner in which prospective passengers are to be
notified.

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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3503 46:369(b)
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Section 3503 requires the use of fire retardant materials on a
vessel having berthing facilities for at least 50 passengers. This
requirement in the case of vessels engaged in foreign trade is
consistent with our international treaty obligations, which impose
extensive and additional fire safety standards. A waiver that
grandfathers existing inland river passenger vessels is also
included.
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-324 substituted "Before November
1, 2008, this section does not apply to any vessel in operation
before January 1, 1968, and operating only within the Boundary
Line." for "Before November 1, 1998, this section does not apply to
a vessel in operation before January 1, 1968, and operating only on
the inland rivers."
1991 - Subsec. (a). Pub. L. 102-241, Sec. 20(1), substituted
"1998" for "1993".
Subsec. (b)(1)(D). Pub. L. 102-241, Sec. 20(2), added subpar.
(D).
1986 - Pub. L. 99-307 designated existing provision as subsec.
(a), substituted "November 1, 1993" for "November 1, 1988" and
inserted "in operation before January 1, 1968, and" after "to a
vessel", and added subsec. (b).

NOTIFICATION TO PROSPECTIVE PASSENGERS OF NONCOMPLIANCE WITH
FIRE-RETARDANT STANDARDS
Section 1(7)(B) of Pub. L. 99-307 provided that: "Until the
regulations required by subclause (A) of this clause [see subsec.
(b)(2) of this section] become effective, the owner or managing
operator shall notify prospective passengers in all promotional
literature and on each ticket that the vessel does not comply with
those standards due primarily to the wooden construction of
passenger berthing areas."

Last modified: April 20, 2006