No waterway marker may be placed on, in, or near the waters of the state unless such placement is authorized by a political subdivision of the state except that the provisions of this section do not apply to waterway markers placed by the department or an authorized agency of the federal government.
Such political subdivision of the state shall, prior to authorizing placement, obtain the approval of the department. The political subdivision shall complete a waterway marker application form, indicating their approval or disapproval and submit the application to the department. The department shall review the application and approve or disapprove placement of the waterway markers. The department shall distribute a copy of the permit to the political subdivision, the applicant and the property owner. A copy of the permit will remain on file with the department. Mooring buoys placed within the boundaries of a state or federally approved mooring area are exempt from this section when such placement is authorized by the unit of government having jurisdiction. Approved waterway markers shall be labelled with a department assigned identification number. Waterway markers for which department approval was not obtained may be removed by the department.
The political subdivisions of the state authorizing the placement of a waterway marker shall inform the department of the following:
Exact location of the marker, expressed in latitude and longitude, or in distance and direction from one or more fixed objects whose precise location is known.
The description and purpose of the marker, including its identifying number, if any, as required by sub. (2) (a)
(4) Maintenance of waterway markers.
Waterway markers shall be maintained in proper condition, or be replaced or removed, by the applicant.
A waterway marker may be displayed as a sign on a fixed support, as a buoy bearing a symbol on its surface, or as a sign mounted on a buoy.
When a buoy is used to carry a symbol on its surface, it will be white, with a band of international orange on the top and a band of international orange above the waterline at the bottom.
A buoy whose sole purpose is to carry a sign above it will be marked with 3 bands of international orange alternating with 2 bands of white, each band occupying approximately one-fifth of the total area of the buoy above the waterline, except where the sign itself carries orange bands; however nothing in these regulations will be construed to prohibit the mounting of a sign on a buoy which has been placed for a purpose other than that of carrying a sign.
When symbols are placed on signs, a suitable white background may be used outside the symbol.
(6) Specifications for waterways markers. NR 5.09(6)(a)(a)
Except for mooring, slalom, and race course buoys, the minimum size of buoys shall be 36 inches riding above the waterline with a 7-inch diameter. The size of the display area shall be as required by circumstances, except that no display area shall be smaller than one foot in height. Display symbol markers shall be shown on 2 sides of buoys.
The thickness of the symbol outline shall be not less than 2 inches in width.
The outside width of the diamond, the inner diameter of the circle, and the average of the inside and outside widths of a square shall be two-thirds of the display area height.
The sides of the diamond shall slope at a 35°
angle from the vertical on a plane surface. Appropriate adjustments for curvature may be made when applied to a cylindrical surface.
Waterway markers shall be made of materials which will retain, despite weather and other exposures, the characteristics essential to their basic significance, such as color, shape, legibility and position. Reflectorized materials may be used.
All unlighted aids to navigation shall be equipped with a reflector material of at least 2 inches all around the uppermost part.
NR 5.09(7)(a)(a) Mooring buoys.
In order that mooring buoys shall not be mistaken for aids to navigation or regulatory markers, they shall extend 18 inches above the waterline, be white in color with a blue band clearly visible above the waterline, and they should be spherical or ovate in shape.
(b) Race course markers including water ski and slalom markers.
In order that race course, water ski and slalom buoys are not mistaken for aids to navigation or regulatory markers, they shall:
Extend a minimum of 4 inches above the waterline and be yellow, green, fluorescent red or fluorescent orange in color;
Be spherical or cylindrical in shape with a minimum diameter of 8 3/4 inches and a maximum diameter no larger than 14 inches;
Be made of foam, plastic or rubber designed to be used as a water marker.
Applications for placement of markers such as mooring buoys placed pursuant to s. 30.772
, Stats., and water ski, race course and slalom course markers shall be processed in the same manner as waterway markers, provided all other requirements of ch. 30, Stats.
, are met. Mooring buoys, water ski, race course, and slalom course markers shall also require the written permission of the adjacent riparian land owner.
Exemptions to the requirements of sub. (3) (b)
may be made by local authorities, pursuant to s. 30.77
, Stats., for the temporary (not to exceed 14 days) placement of mooring buoys, race course markers, water ski or slalom course markers for special events.
NR 5.09 History
Cr. Register, March, 1960, No. 51
, eff. 4-1-60; r. and recr., Register, March, 1966, No. 123
, eff. 4-1-66; renum. from WCD 5.09 to be NR 5.09, and am. (3) (c), intro. par., Register, March, 1971, No. 183
, eff. 4-1-71; am. (2) (a) 2. and 5., (3) (a), (b) and (c) (intro.), Register, April, 1985, No. 352
, eff. 5-1-85; emerg. am. (1) (a), cr. (1) (h), eff. 8-8-90; am. (1) (a), cr. (1) (h), Register, January, 1991, No. 421
, eff. 2-1-91; renum. (1) (a) to (h) to be 5.001 (17), (12), (14), (2), (13), (5), (15), and (6), am. (3) (b) and (7) (d), r. and recr. (7) (b), (c), Register, July, 1993, No. 451
, eff. 8-1-93; am. (3) (a), (4) and (6) (a), Register, May, 1995, No. 473
, eff. 6-1-95; CR 14-048: am. (3) (b) Register May 2015 No. 713, eff. 6-1-15.
NR 5.10 Carburetor flame arrestors.
Every motorboat equipped with an inboard motor using gasoline as a fuel shall have the carburetors of every such motor fitted with an efficient device for arresting backfire of a type approved by the U. S. coast guard.
NR 5.10 History
Cr. Register, March, 1960, No. 51
, eff. 4-1-60; renum. from WCD 5.10 to be NR 5.10, Register, March, 1971, No. 183
, eff. 4-1-71.
NR 5.11 Fire extinguishers. NR 5.11(1)
Fire extinguishers required by s. 30.62 (4)
, Stats., shall comply with the following minimum specifications:
Capable of promptly and effectively extinguishing burning gasoline (carbon tetrachloride not approved).
Foam (minimum gallons 11/4) or carbon dioxide (minimum pounds 4) or dry chemical (minimum pounds 2).
Foam (minimum gallons 21/2) or carbon dioxide (minimum pounds 15) or dry chemical (minimum pounds 10).
Fire extinguishers required by s. 30.62 (4)
, Stats., shall be approved by the U.S. coast guard or listed by underwriters laboratories inc., as an approved marine fire extinguisher.
NR 5.11 History
Cr. Register, March, 1960, No. 51
, eff. 4-1-60; renum. from WCD 5.11 to be NR 5.11, Register, March, 1971, No. 183
, eff. 4-1-71; cr. (3), Register, April, 1985, No. 352
, eff. 5-1-85; am. (2) (a) to (d), Register, May, 1995, No. 473
, eff. 6-1-95; CR 14-048: (2) renum. from (2) (intro.) and am., r. (2) (a) to (e) Register May 2015 No. 713, eff. 6-1-15.
NR 5.12 Specifications for determination of horsepower and weight capacity and recommended number of persons. NR 5.12(1)(1)
Determination of weight capacity of those vessels covered by s. 30.501, Stats., designed for or represented by the manufacturer as being suitable for use with outboard motor or designed to be propelled by oars, except those vessels dependent solely upon the buoyancy of pontoons or similar flotation devices. NR 5.12(1)(a)(a) Step 1.
The cubic volume of the hull shall be determined up to a reference plane (static float line) which passes through the lowest point of major leakage, such as the low point of the gunwale, transom cut-out or top of motor well, and is parallel with a line connecting the intersections of the sheer with the forward face of the stem and the sheer with the after-face of the transom. “Sheer" is defined as the intersection of the hull with deck, gunwale or super-structure.
The weight capacity shall be determined by converting the hull cubic volume (Step 1) to the weight of water displaced by this volume as follows: multiply the product of Step 1 by 62.5, then subtract the weight of the vessel, and divide the remainder by a safety factor of 5.
The following work sheet (Table I) can be used in determining the weight capacity of the hull. The figures to be inserted are taken from the boat dimension drawings (Table II) to which the letters under the blank spaces refer. All dimensions should be converted to decimal numbers before insertion in the formula. Table III converts inches and eighths of inches to the decimal equivalents in feet.
(2) Determination of weight capacity of those vessels covered by s. 30.501, Stats., which have permanently installed engines, except those vessels dependent solely upon the buoyancy of pontoons or similar flotation devices. NR 5.12(2)(a)(a)
Weight capacity shall be determined in the same manner as for vessels represented as being suitable for use with outboard motor except that the weight of all machinery and associated operating gear including battery, fuel and fuel system shall be subtracted.
(3) Determination of weight capacity of those vessels covered by s. 30.501, Stats., which are dependent solely upon the buoyancy of pontoons or similar flotation devices. NR 5.12(3)(a)(a)
Weight capacity shall be determined by the following tests or by the substitute method provided if the conditions stated therein are met. The tests shall be conducted with the maximum horsepower motor for which the boat is recommended and with full fuel tanks and operating equipment in normal position.
The transverse stability shall be tested by adding weight on the lower deck in the extreme outboard position which the arrangement permits (i.e., within one foot of the edge) until the top of the pontoon on the loaded side becomes awash.
The longitudinal stability shall be tested by adding weight on the lower deck evenly about a point 1/4 of the length of the deck from forward until the edge of the lower deck becomes immersed. This test shall be repeated at the after end of the craft by adding weight evenly about a point 1/4 of the length of the deck from aft until the edge of the lower deck or the top of the motor mounting bracket becomes immersed, whichever occurs first.
In a design having more than one deck intended to support passengers (i.e., having railings and means of access), the tests in subds. 1.
shall also be conducted by adding weight in the specified locations on the upper deck until the conditions specified in subds. 1.
respectively are attained.
Ninety percent of the least of the weights attained by the tests in subds. 1.
shall be the weight for passengers.
TABLE I - CAPACITY FORMULA WORK SHEET
Compute Areas of Sections
NR 5.12 Note
Note: For maximum allowable height (H) in any section, check inside this form.
Area A = Section Quarter Length Forward:
Area B = Section Amidships:
Area C = Section Quarter Length Aft:
Area D = Section Aft:
Compute Cubic Capacity
Compute Maximum Weight Capacity
NR 5.12 Note
Note: The volume of integral structure aft of the transom below the static float line may be added to the calculated cubic capacity.
The weight capacity for the craft shall then be the sum of the weight for passengers plus the weight for the maximum horsepower motor for which the boat is recommended, full fuel tanks and operating equipment.
A substitute method for determining the weight capacity of pontoon boats may be applied to pontoon boats having only one deck. The deck must be within the width of the pontoons, must be no more than 6 inches above the pontoons, its length within the railings must be no more than 80% of the pontoon length, must not overhang the pontoon, and must be capable of draining overboard freely. If the boat complies with these conditions, the weight capacity shall not exceed one half of the reserve buoyancy of the boat which shall be determined by subtracting the weight of the vessel including the weight of the maximum horsepower motor for which the boat is recommended, full fuel tanks and normal operating equipment from the buoyant force of the boat's pontoons or similar flotation devices.
(4) Passenger capacity.
The recommended passenger capacity of those vessels covered by s. 30.501
, Stats., shall be determined by the following equations, using whichever is less:
- See PDF for table
(5) Linear measurements.
In the preceding paragraphs of this section all linear measurements are taken outside planking or plating and recorded in feet with decimal equivalents for inches and eighths, all volume measurements in cubic feet and all weight measurements are in pounds.
(6) Maximum safe horsepower capacity.
The determination of maximum safe horsepower capacity of outboard equipped motorboats less than 20 feet in length covered by s. 30.501
, Stats., shall be calculated by the use of the following formulas:
(a) Step 1.
Measure length of vessel (midline measurement) and the width of the transom (or back of the boat) (across the top), recording in feet and inches. Convert inches to hundredths of a foot (Table 1). Multiply length times width to determine FACTOR. For .5 or above round off FACTOR to the next higher whole number. If FACTOR number is between 0 and 52, use Table 2 to determine maximum safe horsepower capacity in calm water.
(b) Step 2.
If FACTOR number is larger than 52.0, the safe outboard horsepower capacity is figured according to the type of steering and the height of the transom. Measure transom height in inches (measure from bottom of keel to lowest point of the transom). For outboards with remote steering and a transom height of at least 20 inches, multiply the FACTOR by 2, subtract 90 and raise the answer to nearest multiple of 5. The resulting number is the maximum safe horsepower in calm water.
NR 5.12 Note
Note: Following are examples of how to raise answer to nearest multiple of 5: