Section 40. Equipment

Equipment required herein shall be carried on every
  vessel except as otherwise provided, while underway, or at  anchor  with
  any  person  aboard,  while on the navigable waters of the state and any
  tidewaters bordering on or lying within the  boundaries  of  Nassau  and
  Suffolk  counties.  Should the federal government adopt vessel equipment
  requirements  different  from  those  contained  in  this  section,  the
  commissioner   shall  be  authorized  to  adopt  rules  and  regulations
  superceding the vessel equipment requirements of this section to achieve
  consistency with federal standards, and shall submit such proposed rules
  and regulations to the secretary of state in accordance with  the  state
  administrative  procedure  act  within  thirty  days  of the adoption of
  federal equipment requirements or submit a  statement  as  to  why  such
  conforming changes are not being proposed.
    1. * personal flotation devices.
    * NB Effective until November 1, 2009
    * Personal flotation devices.
    * NB Effective November 1, 2009
    (a)  Every  pleasure  vessel  and every rowboat, canoe and kayak shall
  have at least one wearable personal flotation device for each person  on
  board,  which  shall  be  of  a type approved by the United States coast
  guard and shall be in good condition.
    (b) Pleasure vessels sixteen feet and greater in length shall carry at
  least one type IV throwable personal flotation device which shall be  of
  a  type  approved  by the United States coast guard and shall be in good
  condition.
    (c) Every operator or person  in  charge  or  control  of  a  pleasure
  vessel, rowboat or canoe, as described in paragraphs (a) and (b) of this
  subdivision,  shall be responsible for compliance with the provisions of
  this subdivision.
    (d) No person shall operate a pleasure vessel of Class A, one, two  or
  three   as   classified  and  defined  in  subdivision  one  of  section
  forty-three of this article or a rowboat, canoe or kayak nor  shall  the
  owner  of  such  vessel  while on board such vessel knowingly permit its
  operation, unless each person on such vessel under the age of twelve  is
  wearing  a securely fastened United States Coast Guard approved wearable
  personal flotation device of an appropriate size  when  said  vessel  is
  underway. The provisions of this paragraph shall not apply to any person
  on  such  vessel  under the age of twelve who is within a fully enclosed
  cabin.
    * (e) No owner or operator of a pleasure vessel less  than  twenty-one
  feet, including rowboats, canoes, and kayaks shall permit its operation,
  between  November  first and May first, unless each person on board such
  vessel is wearing a securely fastened United States Coast Guard approved
  wearable personal flotation device of  an  appropriate  size  when  such
  vessel is underway.
    * NB Effective November 1, 2009
    2. Whistle. Every mechanically propelled vessel shall be provided with
  an  efficient whistle. The word "whistle" shall mean any sound producing
  mechanical appliance, except sirens, capable of producing a blast of two
  seconds or more in duration and of such strength as to be heard  plainly
  for  a  distance  of  at  least  one-half mile in still weather. A siren
  whistle  may  only  be  attached  to  a  vessel  operated  by  a  police
  department,  fire department or public utility company, and used only on
  emergency calls. On vessels less than  thirty-nine  feet  in  length,  a
  mouth  whistle  capable  of  producing a blast of two seconds or more in
  duration, which can be heard for at least one-half a mile, may be used.
    3. Anchors. Every mechanically propelled vessel shall carry an  anchor
  and  cable of sufficient weight and strength to provide a safe anchorage

  for such vessel. It shall be the duty of the master of  such  vessel  to
  exercise  reasonable  care  and caution and maritime skill in everything
  relating to the safe anchorage of his vessel.
    4.  Carburetor  backfire  flame  arresters.  The  carburetor  of every
  gasoline engine installed in a mechanically propelled vessel after April
  twenty-five, nineteen hundred forty, except outboard  motors,  shall  be
  fitted  with  a  United States coast guard approved device for arresting
  backfire.
    5.  Classification  of  fire   extinguishers.   Hand   portable   fire
  extinguishers  capable  of  extinguishing  gasoline, oil or grease fires
  shall be classified as prescribed and approved by the commissioner.
    6. Fire  extinguishers  required.  (a)  Every  mechanically  propelled
  vessel   as  classified  and  defined  by  subdivision  one  of  section
  forty-three of this article,  except  outboard  motor  boats  less  than
  twenty-six  feet  in  length,  of  open construction, shall carry United
  States coast guard approved fire extinguishers in  accordance  with  the
  following:
    Class A motor boats shall carry one B-1 fire extinguisher.
    Class 1 motor boats shall carry one B-1 fire extinguisher.
    Class 2 motor boats shall carry two B-1 fire extinguishers.
    Class 3 motor boats shall carry three B-1 fire extinguishers.
    Class  4  motor  boats  shall  carry fire extinguishers and other fire
  fighting equipment as required by the federal navigation law  and  rules
  and  regulations  made  by the United States coast guard for uninspected
  vessels.
    (b) One class B-2 fire extinguisher may be substituted for  two  class
  B-1 fire extinguishers.
    (c)  When  the engine compartment of the motor boat is equipped with a
  fixed fire extinguishing system of a United States coast guard  approved
  type, one less class B-1 fire extinguisher is required.
    (d)  No  fire  extinguishers  of  the  toxic  vaporizing  liquid type,
  including those containing carbon tetrachloride  and  chlorobromomethane
  extinguishing agents shall be approved by the commissioner.
    7.  Visual  distress  signals.  Every  vessel of sixteen feet or more,
  regardless of the distance of the vessel from shore, shall carry, to  be
  displayed  and  used  whenever such vessel is in need of assistance, the
  number and type of visual distress signals  that  are  required  by  the
  United  States  coast  guard  for  operation  on  waters  under  federal
  jurisdiction. Such devices shall be in serviceable condition and readily
  accessible on board the vessel and the service life, if marked upon  the
  device, shall not have expired. The provisions of this subdivision shall
  not apply to open sailboats under twenty-six feet in length that are not
  equipped  with mechanical power or vessels participating in an organized
  marine event for which a permit has been  granted  by  the  commissioner
  pursuant to section thirty-four of this chapter, or by the United States
  coast  guard.  All  vessels shall carry visual distress signals suitable
  for night use between sunset and sunrise. At all times the provisions of
  this subdivision shall not apply to  vessels  engaged  in  commerce  and
  having  a valid marine document issued by the United States or a foreign
  government.
    8. Ventilation. All mechanically propelled vessels,  the  construction
  or  decking over of which is commenced after April twenty-fifth nineteen
  hundred forty, and which uses fuel having a flash point of  one  hundred
  ten  degrees  fahrenheit  or  less  shall  have at least two ventilators
  fitted with cowls or their equivalent for the purpose  of  properly  and
  efficiently  ventilating  the  bilges  of  every  engine  and  fuel tank
  compartment in order to remove any inflammable or explosive gases.  Such
  mechanically  propelled  vessels  so  constructed as to have the greater

  portion of the bilges under the engine and fuel tanks open  and  exposed
  to the natural atmosphere at all times need not be required to be fitted
  with such ventilators.
    9.  Motor boats of greater than thirty-nine feet in length shall carry
  a bell.
    10. Any violation of the provisions of this section, or of a  rule  or
  regulation   adopted  pursuant  to  this  section,  shall  constitute  a
  violation punishable by a fine of not less  than  twenty-five  nor  more
  than one hundred dollars.
    11.  The  provisions  of  this  section  shall  not  apply  to vessels
  competing  in  duly  authorized  regattas  and  trials  preceding   such
  regattas.
    12.  Any  person or business which, in the regular course of business,
  sells, offers for sale, leases or offers for lease new or  used  vessels
  or  outboard  motors to the general public shall, upon the sale or lease
  of any vessel or outboard motor, provide the purchaser with  a  list  of
  required  equipment  as  set  forth  in  this  section  and  any rule or
  regulation promulgated pursuant to this section.