Bill Summary – FastDemocracy

H.B. 872
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                             Apr 25, 2023
                                      SESSION 2023                                     HOUSE PRINCIPAL CLERK
     H                                                                                                D
                                  HOUSE BILL DRH10403-MHa-120
     Short Title:   Reduce Drowning Risk/Public Docks.                                          (Public)
     Sponsors:      Representative Bradford.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO REQUIRE THE INSTALLATION AND USE OF WATER SAFETY RESCUE
     EQUIPMENT AT PIERS AND PUBLIC WATER ACCESS FACILITIES OWNED BY
     STATE AGENCIES AND UNITS OF LOCAL GOVERNMENT.
 The General Assembly of North Carolina enacts:
             SECTION 1. Chapter 75A of the General Statutes is amended by adding a new
 Article to read:
                                               "Article 1A.
                    "Water Safety Rescue Equipment at Public Docks and Piers.
 "§ 75A-19.1. Title.
     This Article shall be known as and may be cited as the State Waters Rescue Equipment Act.
 "§ 75A-19.2. Definitions.
     In addition to the definitions set forth in G.S. 75A-2, the following definitions apply to this
 Article:
             (1)     Access point. – An area of shoreline of a waterbody that is intended to
                     facilitate direct public access to the water.
             (2)     Covered water access facility. – A pier or access point that is (i) open to the
                     public and (ii) owned or operated by the Commission, any other State agency,
                     or a unit of local government.
             (3)     High-incident drowning area. – An area within 100 feet of a pier or access
                     point where more than one fatal drowning incident has occurred in the span
                     of five years.
             (4)     Pier. – A man-made, raised structure extending into waters of this State for
                     use as a landing or mooring place for watercraft or as a promenade or to
                     protect or form a harbor.
             (5)     Public rescue equipment. – Includes a range of water rescue devices available
                     for public use in case of emergency, such as ring life buoys, throw bags, rescue
                     tubes, and rescue poles.
 "§ 75A-19.3. Public rescue equipment on covered water access facilities.
     (a)     The owner or operator of a covered water access facility located in or adjacent to
 waters of this State shall install public rescue equipment, including, at a minimum, ring life buoys
 meeting the requirements of subsection (c) of this section, on each covered water access facility
 located in waters of this State. The ring life buoy must not be permanently secured in any way to
 the station, rack, or pier. Each ring life buoy must be stowed inside a station to protect it from
 constant weather exposure. The station must be a bright orange or yellow color for high visibility
 and to allow for quick access to the ring.
                                  *DRH10403-MHa-120*
     General Assembly Of North Carolina                                                      Session 2023
     (b)      The owner or operator of the covered water access facility shall be responsible for the
 installation and maintenance of the public rescue equipment and shall also provide public
 education regarding the public rescue equipment.
     (c)      Ring life buoys installed as required by this section must meet the following
 requirements:
              (1)     The ring life buoy shall meet the requirements of 46 C.F.R. Part 160, Subpart
                      160.050 or 46 C.F.R. Part 160, Subpart 160.150 for SOLAS-approved
                      equipment or successor standards issued by the United States Coast Guard.
              (2)     A buoyant line of at least 100 feet in length with a breaking strength of at least
                      5 kilonewtons must be attached to each ring life buoy. The end of the line must
                      not be secured to the shore or the pier.
              (3)     Each ring life buoy must be marked with type II retroreflective material
                      meeting the requirements of 46 C.F.R. Part 160, Subpart 164.018.
              (4)     Each ring life buoy shall be placed at a distance not to exceed 200 feet from
                      the shoreline at each access point and be available for emergency rescue
                      operations.
              (5)     Each pier shall have a ring life buoy installed with appropriate signage alerting
                      the public to its availability and use."
              SECTION 2. The sum of twenty-five thousand dollars ($25,000) in nonrecurring
 funds for the 2023-2024 fiscal year is appropriated from the General Fund to the Wildlife
 Resources Commission to comply with the requirements of this act and to provide grants of no
 more than five hundred dollars ($500.00) to units of local government located in economic tier
 one areas of the State to comply with the requirements of this act.
              SECTION 3. Section 2 of this act becomes effective July 1, 2023. The remainder of
 this act is effective when it becomes law.
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