
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC3503]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                   CHAPTER 35--CARRIAGE OF PASSENGERS
 
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.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99-307, 
Sec. 1(7)(A), May 19, 1986, 100 Stat. 444; Pub. L. 102-241, Sec. 20, 
Dec. 19, 1991, 105 Stat. 2216; Pub. L. 104-324, title XI, Sec. 1133, 
Oct. 19, 1996, 110 Stat. 3985.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
3503..............................  46:369(b)
------------------------------------------------------------------------

    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.''
