Current through Reg. 50, No. 187; September 24, 2024
(1) Each
person holding a permit to place and maintain one or more markers must inspect
all markers for which the permit was issued triennially (every three
years).
(2) The required inspection
must be documented in writing and must include the following:
(a) The name of the permit holder and permit
number of the markers being inspected;
(b) The name of the person or persons
currently responsible for the placement and maintenance of the markers; and,
(c) A photograph of each marker
taken in close enough proximity to legibly show all symbols, borders, and
letters and numbers, including the text of any message, the permit number, and
the ordinance number, code section number, statute number, regulation or rule
number, (etc.). For marker installations with two or more signs, a sufficient
number of photographs must be taken to legibly show the information on each
sign. Digital photography is acceptable for this purpose. Photographs must be
labeled with the location of the marker depicted and the date the photograph
was taken.
(d) A statement
certifying that the markers placed pursuant to the permit have been inspected
during the ninety days preceding the statement and that:
1. The markers are properly maintained and in
serviceable condition,
2. The
markers conform to the requirements of this chapter,
3. The markers are still properly on station;
and,
4. The date or dates on which
the markers were inspected.
(3) The permit holder must maintain the
inspection documentation until it is replaced by a subsequent inspection and
documentation. The inspection documentation must be available for inspection by
any law enforcement officer during the permittee's normal business hours.
Failure to inspect a marker and to maintain documentation of the results of the
inspection during the specified time period is grounds for rescinding the
permit authorizing placement of the marker and for removing or ordering the
removal of the marker.
(4) Dayboard
and buoy surfaces and dayboard backing materials will deteriorate because of
the effects of weathering. Wind, rain, freezing temperatures, and sunlight
cause delamination (separation), cracking, peeling, and fading. Attention must
be given to these conditions during inspections.
(a) Markers will be considered discrepant
under the following guidelines:
1. Backing
materials. Delamination of the plies on a plywood dayboard backing must not
effect more than 25 percent of the surface area. Any warpage must not visibly
detract from the signal or message presented to the mariner. The backing must
not be softened or otherwise deteriorated around the mounting points to a
degree that the board could come loose in a storm typical for the area in which
the marker is placed.
2.
Elastomeric films, numerals, letters, symbols, and borders. Delamination of
films and retroreflective markings on dayboards and buoys must not affect more
than 10 percent of the surface of the material. Films and retroreflective
markings must not be cracked, checked, weathered, or abraded so as to have a
dull or roughened surface. Peeling of the film or markings from the dayboard or
buoy must not affect more than 10 percent of the surface area. Letters,
numerals, symbols, and borders must not be faded or weathered so as to visibly
detract from the signal or message presented to the
mariner.
(b) A dayboard
or buoy must be replaced if any of the deteriorations noted above is observed
or, if for any reason, it cannot function as intended (including significant
fading or other discoloration) until the next regularly scheduled inspection.
Onsite repairs are permitted if they do not interfere with or detract from the
intended signal function of the marker.
(5) Within 5 business days following the
completion of the triennial inspection, the permittee must notify the Boating
and Waterways Section that the inspection has been performed and whether or not
any markers were determined to be discrepant. All discrepancies documented
during an inspection must be reported to the Boating and Waterways Section and
corrected within 30 days, as provided in paragraph
68D-23.106(1)(d),
F.A.C.
Rulemaking Authority
327.04,
327.40,
327.41 FS. Law Implemented
327.40,
327.41,
379.2431
FS.
New 12-23-01, Amended 10-5-06,
10-6-10.
