8 3 General Provisions. Art. 2 ARTICLE 2 General Provisions Section 3. Duties of superintendent of public works. 5. Duties and powers of inspectors. 8. Number of passengers carried. 12. Lights on vessels. 13. Steam fire pump. 14. Life boats. 34. Fees for inspections and licenses. 35. Construction of excursion vessels. 36. Regulations for the conduct of regattas. § 3. Duties of superintendent of public works. The superintendent of public works shall superintend the administra Art. 2 General Provisions. 8 4 tion of the provisions of this article, appoint the inspectors provided for in this article, and exercise supervision over them in the performance of their duties so far as the same relate to the administration and enforcement of the provisions of this article. During such periods of the year as in the judgment of the superintendent of public works, the services of the inspectors provided to be appointed by this article shall not be needed in the administration of the provisions of this article, he may, upon request of the commissioner of labor, for temporary periods, transfer such inspectors to the department of labor, and during the periods in which said inspectors are so transferred, they shall be subject to the jurisdiction of the commissioner of labor and subject to detail by him as experts in the administration of the labor law. The necessary traveling expenses of said inspectors while acting under the jurisdiction of the commissioner of labor shall be paid from the funds appropriated for the administration of the department of labor, and their salaries shall be paid, as hereinafter provided, by the superintendent of public works, their vouchers to be approved by the commissioner of labor. Formerly L. 1897, ch. 592, § 3, as am'd by L. 1907, ch. 520, § 1. § 4. Inspectors; appointment; qualifications; terms of office and compensation. The superintendent of public works shall, from time to time, appoint two inspectors of steam vessels, one of whom shall have a practical knowledge of the management of steam vessels by an experience of at least five years as a licensed master and pilot of steam vessels, and the other of whom is experienced in the construction and use of boilers, engines and their appurtenances, and who shall be otherwise properly qualified to perform the duties prescribed by this article. Each of said inspectors shall hold office during the term of office of the superintendent appointing them. Each inspector shall receive an annual salary of three thousand dollars, to be paid monthly by the state treasurer, on the warrant of the comptroller. Each inspector shall receive his actual and necessary traveling expenses upon a verified statement of such expenses duly audited by the superintendent of public works. If the office of inspector becomes vacant, the superintendent shall fill such vacancy by the appointment of a person to serve for the remainder of such unexpired term. The superintendent of public works may remove such inspectors at any time. Formerly L. 1897, ch. 592, § 4. §§ 5,6 General Provisions. Art. 2 § 5. Duties and powers of inspectors. The inspectors shall annually, or oftener if they have good cause to believe it reasonable, inspect every steam vessel engaged in carrying passengers for hire, or towing for hire, examine carefully her hull, boats and other equipments, and they may require such changes, repairs and improvements to be adopted and used as they may deem expedient for the contemplated route. They shall also fix the number of passengers that may be transported. The inspectors shall also, whenever they or either of them deem it expedient, visit any vessel licensed under this article, and examine into her condition for the purpose of ascertaining whether or not any party thereon, having a certificate from said inspectors, has conformed to and obeyed the conditions of such certificates, and the provisions of this article; and the owner, master, pilot, captain or engineer of such vessel shall answer all reasonable questions, and give all the information in his or their power, in regard to said vessel, her machinery and the manner of managing the same. case of damage by fire or by explosion, or by means of an electrical apparatus, the inspectors may investigate the cause thereof, and if found by them to have been occasioned by a violation of any of the provisions of this article, or of the orders, regulations and requirements of said inspectors, they shall so certify to the district attorney of the county where such violation occurred, together with the names of the persons guilty thereof and of the witnesses. The inspectors shall also make such inspection, examination and test of all vessels other than steam vessels carrying passengers or freight for hire, or towing for hire, and their apparatus and machinery, as will enable them to determine whether they can safely be used in navigation. They shall also make such inspection, examination and test of naphtha launches and electric launches, and their apparatus and machinery, as will enable them to determine whether they can be safely used in navigation. The inspectors provided for in this article are authorized to make further rules and regulations applying generally to all vessels, or especially to one or more of them, and in framing rules for the government of managers and employees of boats, the said inspectors shall, as far as practicable, be governed by the general rules and regulations prescribed by the United States board of supervising inspectors of steam vessels. Formerly L. 1897, ch. 592, § 5, as am'd by L. 1903, ch. 420, § 1. § 6. Inspection and test of boilers. The inspectors shall examine the boilers of all steam vessels, carrying passengers or freight for hire, or towing for hire, before the same shall be Art. 2 General Provisions. 87 used, and shall make such examination at least once in every year thereafter. They shall determine from their examination, and the data submitted by the manufacturers of each of said boilers, the pressure of steam which it is safe for the boiler to carry, and shall apply to the boiler a hydrostatic test, using a pressure fifty per centum greater than the working pressure to be allowed; but should said inspectors be of the opinion that such boiler by reason of its construction or material will not safely allow so high a working pressure, they may fix the working pressure of such boiler at less than two-thirds of said test pressure; and no boiler or pipe, or any of the connections therewith, shall be approved which is made in whole or in part of bad material, or is unsafe in its form, or dangerous from defective workmanship, age, use or other cause. In addition to the hydrostatic test as herein provided, the inspectors may cause a hammer test to be made and an internal examination of such boiler or boilers so tested, whenever deemed necessary. Any boiler may be drilled at the bottom of shell or boiler, and also at such other points as the inspectors may direct, to determine the thickness of such material at those points, and the general condition of such boiler or boilers at the time of inspection and the steam pressure allowed shall be determined by such ascertained thickness and general condition of the boiler. They shall also see that all connections to the said boiler or engines are of suitable material, size and construction; and that the boiler, machinery and appurtenances are such as may be employed with safety in the service to be performed. They shall also satisfy themselves that the safety valves are of suitable dimensions, and are properly adjusted, so as to allow no greater pressure than the maximum amount prescribed by them; and that there is a sufficient number of gauge cocks properly attached to the boiler, so as to indicate the height of water therein; and suitable steam gauges to correctly show the pressure of steam carried; and as to any other matter connected with such steam vessel or the machinery thereof, that to said inspectors shall appear necessary for the safety of her passengers and crew. Formerly L. 1897, ch. 592, § 6, as am'd by L. 1903, ch. 420, § 1. § 7. Certificate of inspection. The inspectors, if satisfied that such vessel is in all respects safe and conforms to the requirements of this article, shall make and subscribe duplicate certificates, setting forth the age of the vessel and date of inspection, the name of the vessel, the name of the owner, the master, the number of licensed officers and crew deemed necessary to manage the vessel with safety, the number of boats and §§ 8-11 General Provisions. Art. 2 life preservers required, and the number of passengers that she can safely carry, and if a steam vessel, the age of the boiler, and the pressure of steam she is authorized to carry. One of said certificates shall be kept posted in some conspicuous place on the vessel to be designated by the inspectors in the certificate, and the other copy shall be kept by the inspectors and by them recorded in a book to be kept for that purpose. If the inspectors refuse to grant a certificate of approval, they shall make a statement in writing, giving their reasons for such refusal, and deliver the same to the owner or master of the vessel. Formerly L. 1897, ch. 592, § 7. § 8. Number of passengers carried. No greater number of passengers shall be transported upon any licensed steam vessel than the number allowed in the certificate of such vessel, under a penalty of ten dollars, to be paid by the master for each passenger in excess of the allowed number, unless special permission is first obtained from the inspectors under such precautions as they deem expedient. Formerly L. 1897, ch. 592, § 8. 9. Construction of steamboats. All steamboats, to which this article is applicable, shall be so constructed that the woodwork about the boilers, chimneys, fire-boxes, cookhouses, stove and steam-pipes, exposed to ignition, shall be so shielded by some incombustible material, that the air may circulate freely between such material and woodwork, or other ignitible substances, and before granting a certificate of inspection, the inspectors shall require that all other necessary provisions be made throughout such vessel, as they may judge expedient to guard against loss or damage by fire. Formerly L. 1897, ch. 592, § 9. § 10. Stairways and gangways. Every vessel engaged in carrying passengers, shall be provided with permanent stairways and other sufficient means convenient for passing from one deck to the other, with gangways large enough to allow persons freely to pass, which shall be open, fore and aft of the length of the vessel, and to and along the guards; and whoever obstructs such gangways by freight or otherwise shall forfeit fifty dollars to the people of the state for every such violation. Formerly L. 1897, ch. 592, § 10. § 11. Sailing rules. The following rules shall be observed in navigating all steam vessels, when under steam, and all boats Fropelled by machinery on the waters within the jurisdiction of the state: |