(1) Within one hundred feet of boat ramps, controlled swimming areas, marina areas and fishing piers marked for use by physically disabled persons;
(2) Designated hazards areas;
(3) Areas near dams and outlet structures in artificial lakes;
(4) Heavily traveled boat lanes;
(5) Narrow channels; and
(6) Areas where visibility is obscured.
(b) The provisions of this section shall not apply to professional skin or scuba divers engaged in demolition, salvage, construction, rescue or repair work in the regular course of their business.
(2) The "diver down" flag shall be a red field with a white diagonal stripe not less than one and one-half inches wide running upper left to lower right. The dimensions of the flag shall be not less than ten inches by ten inches and the top of the flag shall be at least three feet above the surface of the water.
(3) The "diver down" flag shall be anchored and affixed to a separate flotation device. No such flag may be attached to any navigational device or placed so as to obstruct boat traffic.
(4) A diver must surface within one hundred feet of the "diver down" flag marking his diving area.
Note: WV Code updated with legislation passed through the 2012 1st Special Session