Passenger Pontoon approval in USA

Are permanently moored floating restaurants which can't move under their own power subject to USCG regulations? I've heard claims that some are not but don't recall any details.

 

In the 1990s, a number of floating casinos were built for installation at various sites around the U.S. Some of these vessels were installed in small bodies of water intended solely to allow the structure to float and of course be moored. This rigamarole was due to skirting how various state statutes on gambling facilities were interpreted.

All of these floating casinos built at that time had to obtain USCG Certificates of Inspection before they were allowed to open. This was due to the casino being constructed on a barge type hull which was floating while in operation. The casinos were also subject to local regulations as well.

Since the time that these floating structures were placed in service, further litigation and court rulings have muddied the legal waters. Until 2005, there was no firm legal definition of what constituted a 'vessel' under U.S. federal law. After a US Supreme Court decision in the case of Stewart v. Dutra Construction Co., the Court set forth a test for determining if a structure could be considered a 'vessel' under the law.

Following this decision, the USCG re-examined its policy on issuing Certificates of Inspection to permanently moored craft (PMC) like casinos and restaurants. The USCG decided to stop issuing COIs to such craft after 2011, even to vessels which had received COIs prior to 2005.

http://www.gpo.gov/fdsys/pkg/FR-2009-05-11/pdf/E9-10971.pdf

 

Thanks for the best answer I've seen on this subject. Based on the attachment, the "passenger pontoon" to be used as a moored, floating restaurant will be considered as a floating structure subject to local and state building, electrical, plumbing, fire/safety, etc codes, not USCG regulations, unless it is able to get underway. If it will be subject to local and state codes then it would be very prudent for someone familiar with those codes and their interpretation by the relevant authorities to be directly involved in the design process.

 

In fairness to the OP, we know very little about this proposed passenger pontoon, except for the length. I would hesitate to offer an opinion as to what regulations this pontoon should meet on the basis of so little information.

 

Agree we don't know much about the proposed passenger pontoon. But the original poster said "that the owner need to take onboard almost 80 passengers using the boat like a restaurant lounge on the sea." If it's on Federal waters and qualifies as a vessel then with almost 80 passengers and being used commercially as a restaurant lounge it will need to meet USCG regulations. If it isn't on Federal waters or does not qualify as a vessel then it will need to meet any applicable state and local regulations. My suggestion is that the owner needs to determine what regulations it will need to meet and then engage an expert in those regulations.

 

Can we back up a second. Cacciatore, you mentioned an owner. Is the boat already built? Are you able to tell us where it was built, and where it is destined to be used in the US?

The owner is supposed to know who's bureaucratic and technical requirements must be met before he will be licensed to operate. And if he doesn't, the owner should hire an agent or facilitator who does. The owner should be responsible for navigating US law. All of the answers to your questions should to come from, or at least pass through, the owner or his agent. If he gets it wrong, that's his problem. Your job ought to be to send him the stuff he asked for. The owner should call out all regulatory requirements you are responsible to comply with, chapter and verse, in the statement of work.

So assuming you can come up with a course of action, I suggest you run it by the owner and get his approval for you work.

Although I know it's none of my business, and feel free to ignore the question, I'm curious how someone in Italy ended up trying to get a small restaurant pontoon approved in the US. Do you provide recipes too?

 

Thank you so much for the replies and support. The vessel will be built in USA of course.My purpose is to understand how to act with the US regulations that are quite different then European.

 

I suggest you consider employing a naval architect in the US familiar with these regulations. In the end it will be very cost effective as learning the details of how to comply with USCG for these type vessels is a pretty steep learning curve.

 

Good advice.

 

Though before engaging a naval architect there should be a definitive determination whether the vessel will fall under federal/USCG jurisdiction or state/local jurisdiction.

If the vessel will fall under state/local jurisdiction then it may not meet those requirements if designed only to federal/USCG requirements.

 

Thank you so much for advices