CO0048503 (3) - Laserfiche WebLink

Home Browse Search

is dependent for utilities upon a continuous utility linkage to a source originating on shore, and has a permanent, continuous hookup to a shoreside sewage system. It appears that under the DMV regulation a structure that has, or is designed to have, a mode of power on its own, is not dependent for utilities upon a continuous utility linkage to a source originating on shore, and does not require a permanent, continuous hookup to a shoreside sewage system falls under the DMV definition of a vessel. The SC Ruling is somewhat less specific, than the CA State Codes, in that it imposes a "reasonable observer" test, but, importantly, not only does it concur with Cal. Health & Safety Code Ann. §18075.55(d)), it also mentions the same criteria for a lack of self propulsion, dependence on shore services, etc. as being characteristics of the "behavior" of a structure that would lead that reasonable observer to conclude that a structure was a floating home and not a vessel. We note that many conventional houseboats (vessels) in operation in the Delta do not have "raked hulls", and include many of the elements that the SC asserts are also associated with a home (boxy shape, conventional non-water tight windows, sliding doors, and interior rooms, for example), yet they are still considered houseboats. The key distinguishing elements are self-propulsion, self-contained electrical capability, and self-contained water and sewage facilities, so that the houseboat can be reasonably operated on the water to transport people or goods. Given the above, we therefore propose that a conversion of the existing floating homes to vessel status would meet the intent of the "reasonable observer" test and CA State Code by the following set of modifications: Attachment of a steerable outboard motor on a suitable mount to provide self- propulsion Provision of on-board electrical storage, together with facility (e.g. a power inverter) to provide operation of the basic electrical systems of the vessel when disconnected from shore power Fitting of a USCG approved marine toilet and a USCG approved holding tank, and removal of any facility for continuous connection to a shore-side sewage system Installation of a self-contained water storage and delivery system to provide water to on-board facilities when not connected to a shore-side water source. Installation of navigation lights, fire extinguishers, safety equipment (PFDs), placards, and emergency devices to USCG standards. Registration as a vessel with the CA DMV(including CF numbers and registration tags), or documentation as a vessel by the USCG. We note that under Cal. Health & Safety Code Ann. §18075.55(d)), and CA Vehicle Code §§9840, 9871.5 and Harbors and Navigation Code §651, any of items 1, 2, or 3 above would technically suffice to render the structure a vessel under CA law, but in the spirit of meeting the SC "reasonable observer" test, we are proposing to implement all of these modifications plus a few others (on-board water, navigation lights, etc). We believe that with these modifications, the floating homes would fall under the definition of "vessel" as defined by both CA statutes, and would include the key structural and behavioral attributes outlined and intended by the US Supreme Court as differentiating a vessel from a floating home. We look forward to receive your comments and to meet with you in person to resolve this matter. In the meantime, please do not hesitate to contact us if you have any further questions or need clarifications. Respectfully, i 2