HB3020 S NR AM #1

Starek 7974

    The Committee on Natural Resources moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §20-9-1, §20-9-2, §20-9-3 and §20-9-4, all to read as follows:

ARTICLE 9. BOAT DOCK AND MARINA SAFETY ACT.

§20-9-1. Definitions.

As used in this article:

    (1) "Boat dock" means a manmade structure that:

    (A) Protrudes into a body of water for the purpose of mooring a boat or for other water-related recreation; and

    (B) Is connected to an electric power source in any way; and

    (2) "Marina" means a dock or basin that:

    (A) Provides moorings for motorboats and offers supply, repair, or other services for remuneration; and

    (B) Is connected to an electric power source in any way.

§20-9-2. Minimum electrical standards.

    The owner and operator of a boat dock or marina shall install and maintain electrical wiring in accordance with the National Fire Protection Association Standards for Marinas and Boatyards and the National Electric Code to prevent shock, electrocution, or injury to users of the facility and swimmers in the surrounding area.

§20-9-3. Signage.

    (a) Each boat dock and marina in the state that is not located on a federal impoundment owned or managed by the United States Army Corps of Engineers shall have signage that warns of electric shock hazards in the waters surrounding the boat dock or marina

and the risk of swimming in the area as provided under this section.

    (b) The signage under this section shall be 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.

    (c) The signage shall state:

    (1) "ELECTRIC SHOCK HAZARD RISK: SWIM AT YOUR OWN RISK" on one sign; or

    (2) "WARNING ELECTRIC SHOCK HAZARD" on one sign and have

another sign attached that states "SWIM AT YOUR OWN RISK".

§20-9-4. Admissibility in civil matters.

    The violation of this article is admissible in a civil action

against the owner or operator of a boat dock or marina if the violation results in bodily injury to or the death of a person.

Adopted

Rejected