Ohio § 1546.01

§ 1546.01.

As used in this chapter and Chapter 1547. of the Revised Code: “ Canoe ” means a paddlecraft that is normally an open, narrow vessel of shallow draft, typically

pointed at both ends and propelled by its occupants through the use of paddles while

kneeling or sitting on a raised seat, including a flat-backed canoe and a racing canoe. “ Coast guard approved ” means bearing an approval number assigned by the United States coast guard. “ Conditional approval ” means a personal flotation device approval that has one or more conditions with

which the user must comply in order for the device to be considered appropriate for

meeting the requirements for personal flotation devices for the vessel on which it

is being used. “ Diver's flag ” means a red flag not less than one foot square having a diagonal white stripe extending

from the masthead to the opposite lower corner that when displayed indicates that

divers are in the water. “Drug of abuse” has the same meaning as in section 4506.01 of the Revised Code . “ Electronic ” includes electrical, digital, magnetic, optical, electromagnetic, or any other form

of technology that entails capabilities similar to these technologies. “ Electronic record ” means a record generated, communicated, received, or stored by electronic means

for use in an information system or for transmission from one information system to

another. “ Electronic signature ” means a signature in electronic form attached to or logically associated with an

electronic record. “ Idle speed ” means the slowest possible speed needed to maintain steerage or maneuverability. “ Impoundment ” means the reservoir created by a dam or other artificial barrier across a watercourse

that causes water to be stored deeper than and generally beyond the banks of the natural

channel of the watercourse during periods of normal flow, but does not include water

stored behind rock piles, rock riffle dams, and low channel dams where the depth of

water is less than ten feet above the channel bottom and is essentially confined within

the banks of the natural channel during periods of normal stream flow. “ Inflatable watercraft ” means any vessel constructed of rubber, canvas, or other material that is designed

to be inflated with any gaseous substance, constructed with two or more air cells,

and operated as a vessel.  An inflatable watercraft propelled by a motor is a powercraft.  An inflatable watercraft propelled by a sail is a sailboat.  An inflatable watercraft propelled by human muscular effort utilizing a paddle or

pole is a paddlecraft.  An inflatable watercraft propelled by human muscular effort utilizing an oar with

the aid of a fulcrum provided by oarlocks, tholepins, crutches, or similar arrangements

is a rowboat. “ In operation ” in reference to a vessel means that the vessel is being navigated or otherwise used

on the waters in this state. “ Kayak ” means a paddlecraft that is typically pointed at both ends and is propelled by human

muscular effort by one or more seated individuals who use a double-bladed paddle,

including an open kayak with an open deck for operator seating, an enclosed kayak

designed to enclose an occupant within a cockpit, a tandem kayak designed for multiple

occupants, and a racing kayak. “ Law enforcement vessel ” means any vessel used in law enforcement or under the command of a law enforcement

officer. “ Muffler ” means an acoustical suppression device or system that is designed and installed

to abate the sound of exhaust gases emitted from an internal combustion engine and

that prevents excessive or unusual noise. “ Navigable waters ” means waters that come under the jurisdiction of the department of the army of the

United States and any waterways within or adjacent to this state, except inland lakes

having neither a navigable inlet nor outlet. “No wake” has the same meaning as “idle speed.” “ Operator ” includes any person who uses, navigates, employs, or has under the person's control

a vessel, or vessel and detachable motor, on the waters in this state. “ Owner ” includes any person, other than a secured party, who claims lawful possession of

a vessel by virtue of legal title or equitable interest therein that entitled the

person to use or possess the vessel, including a person entitled to use or possess

a vessel subject to a security interest in another person, but does not include a

lessee under a lease not intended as a security. “ Paddlecraft ” means any type of canoe, kayak, paddleboard, or other vessel powered only by its

occupants using a single or double-bladed paddle as a lever without the aid of a fulcrum

provided by oarlocks, tholepins, crutches, or similar mechanisms. “ Performance type ” means the in-water performance classification of a personal flotation device as

determined by the United States coast guard. “ Person ” includes any legal entity defined as a person in section 1.59 of the Revised Code and any body politic, except the United States and this state, and includes any agent,

trustee, executor, receiver, assignee, or other representative thereof. “ Personal flotation device ” means a United States coast guard approved personal safety device designed to provide

buoyancy to support a person in the water. “ Personal watercraft ” means a vessel, less than sixteen feet in length, that is propelled by a water-jet

pump or other machinery and designed to be operated by an individual sitting, standing,

or kneeling on the vessel rather than by an individual sitting or standing inside

the vessel. “ Powercraft ” means any vessel propelled by machinery, fuel, rockets, or similar device. “ Rowboat ” means an open vessel, other than a paddlecraft, that is designed to be rowed and

that is propelled by human muscular effort by oars and upon which no mechanical propulsion

device, electric motor, internal combustion engine, or sail has been affixed or is

used for the operation of the vessel.  “ Rowboat ” includes a racing shell and a rowing skull regardless of length or construction. “ Rules ” means rules adopted by the chief of the division of parks and watercraft under this

chapter or Chapter 1547. of the Revised Code, unless the context indicates otherwise. “ Sailboat ” means any vessel, equipped with mast and sails, dependent upon the wind to propel

it in the normal course of operation. A vessel with sail as its primary method of propulsion and mechanical propulsion as

its secondary method of propulsion is an auxiliary sail. Any sailboat being propelled by mechanical power, whether under sail or not, is deemed

a powercraft and subject to all laws and rules governing powercraft operation. “ Sewage ” means human body wastes and the wastes from toilets and other receptacles intended

to receive or retain body waste. “ Throwable personal flotation device ” means a device that is intended to be thrown to a person in the water.  “ Throwable personal flotation device ” includes a personal flotation device marked as “Type IV” or “Type V with Type IV

performance.” “Throwable personal flotation device” does not include a wearable personal flotation

device unless it is specifically marked otherwise. “ Towed watersport ” means any activity that involves being towed by or riding in the wake of a recreational

vessel, including both of the following: (1) Riding or attempting to ride on one or more water skis, a wakeboard, a surfboard,

an inflatable device, or any other device manufactured or used for the purpose of

being towed by a recreational vessel; (2) Engaging or attempting to engage in barefoot skiing or parasailing. “ Type one personal flotation device ” means a device that is designed to turn an unconscious person floating in water

from a face downward position to a vertical or slightly face upward position and that

has at least nine kilograms, approximately twenty pounds, of buoyancy. “ Type two personal flotation device ” means a device that is designed to turn an unconscious person in the water from

a face downward position to a vertical or slightly face upward position and that has

at least seven kilograms, approximately fifteen and four-tenths pounds, of buoyancy. “ Type three personal flotation device ” means a device that is designed to keep a conscious person in a vertical or slightly

face upward position and that has at least seven kilograms, approximately fifteen

and four-tenths pounds, of buoyancy. “ Type four personal flotation device ” means a device that is designed to be thrown to a person in the water and not worn

and that has at least seven and five-tenths kilograms, approximately sixteen and five-tenths

pounds, of buoyancy. “ Type five personal flotation device ” means a device that, unlike other personal flotation devices, has limitations on

its approval by the United States coast guard, including, without limitation, any

of the following: (1) A designation that states the device is approved only for use while participating

in specific activities; (2) A designation that states the device is approved only for use by an operator or passenger

of specific types of vessels; (3) A designation that states the device is specifically approved as a substitute for

the type of personal flotation device required for use while engaged in certain activities

or as an operator or passenger of a vessel. “ Vessel ” includes every description of craft, including nondisplacement craft, multimodal

craft, and submersibles, being used or capable of being used as a means of transportation

on water. “ Visible ” means visible on a dark night with clear atmosphere. “ Watercourse ” means a substantially natural channel with recognized banks and bottom in which

a flow of water occurs, with an average of at least ten feet mean surface water width

and at least five miles of length. “ Watercraft ” means any of the following when used or capable of being used for transportation

on the water: (1) A vessel operated by machinery either permanently or temporarily affixed; (2) A sailboat other than a sailboard; (3) An inflatable, manually propelled vessel that is required by federal law to have

a hull identification number meeting the requirements of the United States coast guard; (4) A canoe, kayak, pedalboat, or rowboat; (5) Any of the following multimodal craft being operated on waters in this state: (a) An amphibious vehicle; (b) A submersible; (c) An airboat or hovercraft. (6) A vessel that has been issued a certificate of documentation with a recreational

endorsement under 46 C.F.R. 67 . “Watercraft” does not include ferries as referred to in Chapter 4583. of the Revised

Code. Watercraft subject to section 1547.54 of the Revised Code are divided into five classes as follows: Class A:  Less than sixteen feet in length; Class 1:  At least sixteen feet, but less than twenty-six feet in length; Class 2:  At least twenty-six feet, but less than forty feet in length; Class 3:  At least forty feet, but less than sixty-five feet in length; Class 4:  At least sixty-five feet in length. “ Watercraft dealer ” means any person who is regularly engaged in the business of manufacturing, selling,

displaying, offering for sale, or dealing in vessels at an established place of business

that is used primarily for the selling, displaying, offering for sale, or dealing

of vessels.  “Watercraft dealer” does not include a person who is a marine salvage dealer or

any other person who dismantles, salvages, or rebuilds vessels using used parts. “ Waters in this state ” means all streams, rivers, lakes, ponds, marshes, watercourses, waterways, and other

bodies of water, natural or humanmade, that are situated wholly or partially within

this state or within its jurisdiction and are used for recreational boating. “ Wearable personal flotation device ” means a device that is intended to be worn or otherwise attached to a person's body.  “ Wearable personal flotation device ” includes a personal flotation device marked as “Type I,” “Type II,” “Type III,”

“Type V with Type II performance,” or “Type V with Type III performance.”