PURPOSE
The purpose of these Policies and Procedures is to promote the safe and efficient operation within the marina and provide better service for boaters and the public. The marina is sensitive to and is obligated to take action on the valid suggestions and complaints of its customers. It is the intent to encourage customers to contribute to the efficient operation of the marina by following the policies and procedures established for this purpose.
APPLICATION
All users of the Fairview Beach Marina are subject to these policies and procedures, as now or hereafter amended.
APPLICABLE STATUTES / PRACTICES
All Municipal, County, State and Federal regulations, laws, and generally accepted safety and Clean Water standards apply to Marina Tenants and Users.
QUIET ENJOYMENT
Tenants and Marina Users have a right to quiet enjoyment in their use of Marina facilities. The following are prohibited in the Marina area or on property: Discharge of fireworks; Any objectionable noise or odor given off by a boat or other equipment; Creating a nuisance in any way, or unreasonably disturbing any other Marina Tenant or User; Loud, boisterous, lewd or lascivious conduct.
HOLD HARMLESS
Anyone visiting or using the Marina or its facilities does so at his/her own risk. The Marina does not assume any responsibility for loss or damage to property or persons within the Marina.
BOAT MAINTENANCE
The following activities are not allowed by Marina policy while inside the Marina: NO: Burning, Spray-painting, Sandblasting or Welding.
Also, while inside the Marina: No soaps or detergents; only biodegradable products may be used; Any sanding inside the Marina must follow the Best Management Practices guidelines; Pressure washing of a boat’s deck or hull above the water line is permitted while boat is in water. However, in the event any pollutants (i.e., paint flakes, oils, etc.) enter the water, the boat owner shall immediately cease pressure washing, and follow the proper steps taken to report the incident and perform necessary clean up.
BOAT MOVING
Management reserves the right to move boats for the protection of life or property. Management also may temporarily relocate a boat for repairs, etc. within the Marina facilities. Every effort will be made to notify the owner. Any boat or property deemed to be a hazard to other vessels or Marina property may, at the discretion of Marina Management, be moved at boat owner’s expense.
BOAT REGISTRATION/OWNERSHIP
Tenants are required to provide: Current State Registration or Coast Guard documentation as proof of boat ownership; Proof of registration OR a written statement of the lessee’s intent to register a vessel certifying that the vessel is exempt from state vessel registration requirements; Vessel hull identification number and home port; and Vessel’s country or state of registration. Failure to comply may be cause for refusal, or termination, tenancy. Any Tenant attempting to retain the assigned slip without a boat registered in the Tenant’s name, will automatically lose continued right to occupy the leased slip.
CHILDREN IN THE MARINA
Children under 12 years of age are required to wear a Coast Guard-approved personal flotation device when on the Marina water. Children 10 and under are required to be accompanied and supervised by a responsible adult.
DOCK BOXES / LOCKERS & STORAGE
Tenants shall make arrangements with Marina Management for installation of all dock boxes by Marina staff. Installation rates will apply. Tenants shall provide their own lock/key. Tenants are required to keep their boat, dock box, and the pier or finger in the vicinity of their boat Shipshape. Storage of batteries, oily rags, open paints, or other flammable or explosive materials in dock boxes, or in or on other Marina facilities, is prohibited.
ELECTRICAL POWER
The Marina does not guarantee the continuity of electrical service to any boat. All service connections between Marina outlets and any boat shall conform to the National and State Electrical Codes. Marina Management shall routinely inspect these connections. ABYC-approved shore power cords are required. All electrical installations are considered Marina property. Tampering with or changing power supplies is prohibited.
FISHING / FISH CLEANING
Fishing inside the Marina is prohibited.
Fishing from any boat or dock in the Marina is prohibited.
Fish cleaning at the Launch Ramp or elsewhere on Marina property is prohibited.
FUEL SPILLS
In the event of any hazardous spill of any amount, the responsible person shall assume responsibility for immediate reporting and clean-up of any spills. The responsible person must immediately:
1. Call the US Coast Guard National Spill Response Center at 1-800-424-8802 and provide information as to the location and amount of spill, and a contact name and number.
2. After calling the Coast Guard, immediately contact the Marina Office 703-596-2323 and leave a detailed message.
See the Dept. of Ecology’s "Resource Manual for Pollution Prevention in Marinas". Available through the DOE's web site.
GARBAGE
Disposal of household garbage or personal refuse in these receptacles is prohibited. The deposit or discharge of garbage, trash, oil, fuel, debris and other materials into the water or on land areas of the Marina is prohibited.
HAZARDOUS WASTE
Ignitable, corrosive, reactive, toxic and substances listed as waste and determined to be hazardous should not be disposed of in garbage or recycling receptacles.
LAUNCH RAMP PERMITS
A Permit displayed on the vehicle or trailer is required for use of the Marina’s launch ramp and/or short-term parking of a boat owner’s vehicle/trailer.
1. Daily Permits usage for Marina Users are available located at the Launch Ramp.
2. Annual Permits are available in the Marina Office or on the website and shall be displayed as instructed.
PARKING / VEHICLE TRAFFIC
1. Management may establish reasonable traffic and parking regulations, including posting of signs and issuance of permits, as required for orderly handling of motor vehicles on Marina premises.
2. A vehicle parked in violation of signs or regulations may be ticketed or towed and impounded. The vehicle will be released only after all charges and costs have been paid in full by the registered owner.
3. Parking areas are for the use of customers and persons involved with the use of Marina. The Marina does not offer reserved parking accommodations for individuals, groups or events.
PETS
All pets must be on a leash while on Marina property. Pet owners are responsible for proper clean-up and disposal of animal waste.
TERMINATION OF SLIP
Termination of a Lease Agreement requires a thirty (30) day written notice by the Marina or prior to the end of the annual slip rental agreement by the Tenant.
Upon Death: Upon the death of a Tenant of record, rights may be passed to an immediate family member, namely the spouse, child, father or mother. Documents defining ownership of the boat and the relationship of the family member to the deceased (birth certificate, marriage certificate, etc.) may be required by Marina Management. Once the relationship has been established, moorage will be reassigned as specified by the Last Will & Testament or by the wishes of the family.
OTHER MARINA POLICIES
These rules may be altered, amended or repealed from time to time by Fairview Beach Marina. Revisions will be posted online at www.fairviewbeachmarina.org.
The “Agreement”, creates and establishes rights, liabilities and responsibilities, between the Fairview Beach Marina, and the Slip Renters which are in the nature of or equivalent to rules. Some of such “Agreement” rules are not contained in this booklet of rules.
Violation of these rules or provisions of the “Agreement” should be reported to the Fairview Beach Marina Office via email at fairviewbeachmarina.org, when feasible, in writing. The Fairview Beach Marina will review and provide a response within 30 days the violation or claim and will have the final authority to settle any and all grievances.
Any vessel with a captain or crew member living on board a boat in the marina must be registered with the marina office. Any violations will resort in the immediate termination of the Slip Renter's Agreement.
Suggestions for the betterment of marina rules or management of facilities should be forwarded, in writing, to the Fairview Beach Marina Office, which will be reviewed and given possible consideration.
All vehicles (to include Boats, trailers, and personal vehicles) will display Slip Renter Tags at all times while on property at the marina.
Slip Renters will at no time leave park and/or leave vehicles overnight at the marina without the expressed written approval from the Fairview Beach Marina Office. All violators will be towed at the vehicle owner's expense.
Wet Slip Renters will ensure that their respective boats are properly docked, allowing for the accessibility of other boats in adjacent slips. Any/all damage caused by boat not being properly secured, outside of designated slip parameters, or directly in contact with other boats will be cited, the Slip Renter will be formally notified, the impacted boats will be assessed, and the offending Slip Renter will be monetarily responsible for damages caused.
Slip Renters at no time are permitted to share assigned slips nor sublet. Any violations will resort in a $100.00 daily fine and review for immediate termination of the Slip Renter's "Agreement".
Tenant shall not throw, deposit, discharge, pump or otherwise place any refuse, garbage, debris, oil, spirits, paint, sewage, flammable material or any other pollutants of any description upon the water of the marina. Any governmental fines, including the cost of cleanup, resulting from the actions of the Tenant shall be the sole responsibility of the Tenant. Waste oil is not to be placed in or beside the garbage dumpsters, or spilled in the marina waterways. Docks shall be kept clean from grease, oil, spray paints or any other staining material. Tenant shall be responsible for all clean-up costs.
Tenant’s vessels, while inside the Marina or in the channel leading to the Marina beginning at the breakwater shall create no wake. Maximum speed in the Marina and channel is four knots or no wake, whichever occurs first.
There shall be no barbecues, welding equipment, burning torches or any other open flame apparatus used within the marina, as prohibited by the Marina’s insurance company. Gas barbecues securely mounted within the boat are acceptable.
No part of any vessel may extend over the main walkways. All boats shall be moored in a safe and secure manner on cleats with strong mooring lines. In the event the Marina deems the Tenant’s mooring lines to be unsafe, the Marina may replace said lines and the Tenant shall pay all costs.
Except for entering or leaving the slip, main engines, power generating equipment or other noisemaking equipment shall not be operated between the hours of 9 p.m. and 7 a.m.
Water, electrical cords or mooring lines shall not be placed across the walkways. All electrical cords must be marine grade and have a plug with a watertight seal. No gear of any kind shall be stored on the dock unless in an approved dock box.
All guests must be accompanied by the Tenant.
Tenants are required to display a parking pass. Passes are available in the office. The speed limit in parking areas is 10 mph.
Dinghies, skiffs or tenders are to be stored in the water within the Tenant’s berth or on the Tenant’s vessel, unless otherwise approved by the Marina.
If any vessel sinks within the marina, Tenant must immediately take action to remove the vessel. If Tenant fails to take immediate action, the Marina will do so and Tenant shall pay all costs incurred in such removal.
Any Tenant desiring to hire a third party to perform work on Tenant’s vessel while at the Marina must secure the Marina’s prior approval before such third party (Outside Vendor) may perform any work. The Marina will at all times exercise control of third parties permitted to enter the Marina and in the case of Outside Vendors, the Marina must first approve the materials and methods, insurance coverage, licenses and willingness of the Outside Vendor to observe the Marina’s Rules and Regulations before permitting an Outside Vendor onto the Marina property to perform work.
Any Outside Vendor permitted onto Marina property, whether or not pre-approved, shall not be construed as having any endorsement of the Marina for the work or services of such party nor shall the Marina be in any way responsible for the work done by any such party.
Auxiliary motors on sailing vessels must be used within the Marina; sailing within the Marina is prohibited. Sailing vessels without auxiliary power must arrange for towing while within the Marina.
Marina garbage and recycling cans are for vessel garbage only and not for household use.
Extended usage or “live aboard” situations must be approved by Marina management. Sewage shall not be discharged in the marina. Any extended use/stay approval is subject to mandatory disclosure by tenant that sewage has only been discharged at a sewage discharge station. This information must be recorded and submitted in writing at intervals determined by management. No substance or material whatsoever, including human waste, may be discharged into the water. As live‑aboard Vessels raise concerns regarding water quality, all such Vessels shall be subject to periodic sanitation system inspections by the Marina. Each Vessel will be equipped with a permanently installed Coast Guard‑approved marine sanitation device and the Marina shall have the right upon reasonable notice to inspect the interior of the Vessel to verify compliance with this condition. Portable toilets are not considered installed devices and are unacceptable as a sewage treatment system. Waste may only be discharged in an approved sewage disposal facility. The Marina shall have the right to require the live‑aboard Tenant to demonstrate regular use of a sewage disposal facility.
Alcohol cannot be consumed outside in any public areas. Alcohol must be confined to Tenant’s boat and the immediate dock area surrounding the boat.
All docks and fingers piers must be kept clear at all times to permit easy access by emergency crews and their equipment. The Marina reserves the right to confiscate any items left on the docks and finger piers at any time and to dispose of these items immediately at the cost of the tenant. Storage of any confiscated items will also be at the cost of the tenant.
All fees are non-refundable. Annual Tenants who sell their vessel may obtain a partial refund at the discretion of management.
The Marina Rules and Regulations summarized herein and as amended from time to time and all other policies and regulations established by governmental agencies or the Marina shall form a part of the Marina Rental Agreements as if set forth fully therein.
Chafing gear and dock boxes shall not be attached to the docks. Only dock boxes obtained from The Marina may be used. There is no construction of any kind allowed on or to the docks. The Marina reserves the right to remove, add, or adapt any existing construction, addition, or modification made to any portion of the docks, not limited to, but including dinghy racks, dock boxes, and stairs.
Animals must be leashed when off boats. Pet owners shall be responsible for cleanup of animal feces immediately. Pet clean up stations have been established throughout the marina.
Animals must not be permitted to disturb members or their guests. An unattended dog constitutes a nuisance.
Boats in slips or tie-along spaces must be moored securely, properly and safely and the main engines must not be operated in gear while the boat is secured.
Boats (including dinghies and other small boats) are not allowed to be tied up to the outside of the piers at any time.
Boats must be operated properly and safely. If wind or other conditions cause a hazard in a boat’s operation (including entering or leaving slips), members shall obtain assistance, as conditions require.
Boats (large and small) operated in or near the marina must be operated at minimum speed so that no wake is produced. Ordinarily, unless wind conditions require more speed, minimum speed is at closed throttle.
Boats backing from slips have the right-of-way, and all other boats must yield that right-of-way. Boats leaving the marina have the right-of-way over boats approaching or entering the marina. One long blast on your horn should be sounded prior to leaving your slip.
All boats are required to register at the Marina office. Boats not registered are subject to impound.
It will be the boat owner’s responsibility to verify that their boat is secured to their satisfaction.
During the painting of boats, drop cloths must be used to prevent spillage on the slips, common dock ways and in the parking lot. Paint and other hazardous materials must not be allowed to enter the River directly or through a storm water run-off event. Paint and other hazardous materials cannot be stored in the parking lot or on the docks.
All boat repairs and maintenance work shall be done safely and shall follow the “Best Management Practices” contained in the Association of Marina Industries (AMI) Clean and Resilient Marina Program. Members assume liability for damage to adjoining boats, docks, personal property and the parking lot during such maintenance (in boating season or during winter land storage).
Major rebuilding or maintenance, requiring the use of multiple power tools, such as sand blasting equipment, torches, paint sprayers, heavy equipment and/or other outside contractors must meet Marina requirements for insurance liability. Boats must have tarps placed underneath them to catch any debris and the boat must be enclosed in a plastic tent to prevent any debris from becoming airborne.
From Memorial Day weekend through Labor Day Weekend, work that is noisy or could disturb other boaters should be done Monday through Friday between the hours of 8:00a.m. and 8:00 p.m.
When an order for service work is given, the marina office must be advised of any missing part or apparent malfunction that could cause personal injury or property damage if the boat were to be operated by a serviceman without this information.
Members and their guests must not permit their children to conduct themselves so as to disturb other members and their guests.
Children must not run, skate, skateboard or engage in “horseplay” on slips, common dock ways or in the parking lot or anywhere else on marina property. Young children, ten and under, shall wear life jackets while on slips and common dock ways unless accompanied by an adult.
Children operating small boats must be supervised by their parents or other responsible adults. They must not interfere with other boat traffic and must follow, in all respects, the current boating safety requirements.
Slip Owners and Annual Members (Members) shall not occupy or use the slip or permit the same or any part thereof to be occupied or used for any purpose other than as a private docking facility for the member. Members shall not use the slip or permit the same or any part thereof to be used for any commercial activities or as part of any commercial activities to sublet the slip in such manner as specifically permitted hereunder. This rule specifically extends to using boats for rentals of any kind, including charters, Air B&B and VRBO rentals.
Members also shall not occupy or use the slip or any common property for any purpose which will interfere with the rights of other members or annoy such members by unreasonable noises or otherwise, or which will obstruct the waterways, slips, walkways, fingers or sidewalks or the marina. The member will comply with all of the requirements of the Board of Health, Corps of Engineers, and Department of the Interior, the Pollution Control Agency, or other governmental authorities. Members will also comply with all laws, ordinances, rules and regulations with respect to the occupancy or use of the slip or common areas and will not do anything or permit anything to be done which might increase the rate of fire or other casualty insurance premiums on the marina or any of its contents.
Solicitation of business, or offers to sell or solicitations of orders for goods, wares, merchandise or services, by any persons, except with approval in writing by the Marina office, is prohibited.
Members shall not post or permit posting by any persons or firms, upon their boats or slips, except with approval in writing by the Marina office, any signs soliciting orders for good, wares, merchandise, services of other property (real or personal) excluding the sale of your boat.
No signs shall be posted with a member’s name or their company’s name directing guests to a particular slip unless approved by the Marina office.
Members entertaining large groups on board are urged to embark and disembark their guest with due consideration for the privacy and tranquility of members in adjoining tie-along spaces and slips.
Conduct - Members and their guests should conduct themselves with consideration for and courtesy toward other members and guests and give their full cooperation to all security efforts of the Marina. Members are responsible for controlling their guest’s conduct and behavior. Rules applying to children as to skating, etc. shall also apply to adults.
There shall be no operation of bicycles, scooters, skateboards, one wheels or any other wheeled apparatus on the docks or ramps.
Disorder, disruptive or ill-mannered conduct by members or their guests, which involves risk of harm to the marina, is prohibited.
Unreasonable noise, such as, loud stereos or loud parties, are prohibited so as not to bother other boaters at any time.
ELECTRICAL - All connections to marina electrical sources shall be grounded.
A charge for repairing electrical boxes damaged due to overload or improper hook-up will be assessed to the responsible party.
A dock circuit breaker must be in the “OFF” position before connecting or disconnecting shore power cord.
During winter storage, for safety reasons, electricity may only be used by boat owners or their representatives as long as the boat owner or their representative is present on the marina property.
FUELING - Fueling is restricted to the fuel dock only. Adding fuel to, or removing fuel from, a boat may be carried out only at the fuel dock during operating hours. Tie boat securely. Stop engine and electrical equipment. No open flames. Remove Fuel caps or identify proper fueling receptacle.
INDSURANCE - Members are required to have their insurance company or agents provide a certificate of insurance for watercraft liability, demonstrating liability coverage annually, to the Marina office. The Marina must also be listed as an “Additional Insured” on the certificate.
“RED TAGGING”
The Marina Manager, or any duly authorized officer of the Marina has the authority to “red-tag” a boat when a mechanical or electrical condition is such that if operated, it could cause property damage, personal injury or an explosion and fire. No operation of the engines or movement from the slip or tie-along will be allowed until the condition has been corrected and approved by the Marina Manager.
Boats shall be reasonably and properly equipped with fire extinguishers and other safety equipment (PFD’s, lights, horn or whistles, first aid kits, anchors, lines, bilge pumps, paddles, flashlights) in good working order. Members are urged to follow the standards and comply with safety recommendations of the Coast Guard. The Marina will be guided by these standards in determining boat safety issues.
Common dock ways shall be kept absolutely clear of any articles of any kind. Slip walkways shall be kept clear of articles constituting unreasonable hazards. Water hoses, electrical cords, and lines or other materials must not be permitted to extend across common dock way surfaces.
Members shall promptly report to the Marina office any safety rules infractions and any unsafe or hazardous conduct that comes to their attention.
Swimming in the Marina is prohibited.
SLIP AND COMMON CONSTRUCTION, COVERINGS AND EQUIPMENT
Members shall not add to, take away from, or otherwise alter, by construction or otherwise, without approval in writing by the Marina office, their slips or adjacent common dock ways, or electrical and/or service facilities.
Members shall not generally paint, carpet or otherwise cover their slips or adjacent common dock ways.
Members shall be responsible for the cleaning of their dock boxes, fingers adjacent to their boat, the structure of the slip cover, if present, and the underside of the slip cover material. The Marina office will be responsible for the inspection of these items and will report their findings to the Marina Office. Power Washers cannot be used for these cleaning purposes as they may cause damage. Deck wash, brushes and regular water nozzles are recommended for cleaning these areas. Boat washing contractors can perform these tasks for a fee, subject to the same conditions noted above. In the event that this cleaning is not accomplished by the Member, the Marina will hire one of the boat washing companies to clean these areas at the member’s expense.
Members shall not place or keep on their slips any lockers, freezers, other substantial structures or material. Approved white dock boxes shall be permitted, and should be installed per Marina specifications. (Specifications are available at marina office.) Combustibles shall not be stored anywhere on the dock.
Stairways shall not take up more than 1/2 the width of the finger. Stairs should meet ANSI standards for rise and run.
The movement or addition of cleats has to be approved by the Marina Manager and the work has to be performed by marina staff at the owners’ expense.
Boat stands and blocks cannot be used as a device to hold shrink wrap or tarps covering boats. All strapping/lines/ropes must be secured under the hull of the boat or secured to a permanent fixture on the boat.
CONCLUSION -
Depending on the seriousness of the infraction, a member who violates the rules may be warned or even terminated under the by-laws and lease. Persistent violation of the rules has to be dealt with firmly to protect everyone's right to the safe and orderly use of the Marina. Please keep the rules in mind and encourage others to do likewise.