Bottom paint law

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WALSHIE

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Someone posted an article in our club stating in order to apply bottom paint in NY State, you must have an applicators' license/permit. To get the license, you can attend a 5hr course. This was supposedly cut from Boating on the Hudson, November edition.

Does anyone have any information on this?
 
Yep, pick up the latest BOTH and read all about it.
 
The article in BOTH says to call Gene Kraese for more information on the "Applicators Course" so I did. The license is ONLY required for people that bottom paint boats as a commercial enterprise. For example if I work for XYZ Marina and my job is to bottom paint boats then I must have an Applicators License. It is not required to bottom paint your own boat. Boat owners are exempt from this new requirement.

Not sure how this will effect marinas since it seems that most I have seen use day laborers to do that difficult and demanding job when things are busy.
 
Thanks rommer, just what I was afraid of...mis-information. I looked into this a couple of years ago and found that boat owners CAN paint their own bottom IF the marina allows. If the marina offers it as a professional service, the applicators have to be licensed.

If what you say is true, the article is very, very mis-leading. Similar to many marinas that say it is against the law to do your own bottom paint. That simply isn't true.

Here's a link to something I found years ago:http://www.dec.ny.gov/chemical/8855.html

It says: General Use antifouling paints are less toxic than those containing TBT and, if allowed by the marina, can be purchased and applied by an individual boat owner.
 
Also, as I mentioned, I did look into this a couple of years ago. I'd love to see what the "New Law" is.
 
You can do your own bottom painting at Haverstraw.
 
Thanks for the clarification, guys, I was wondering about that myself...
 
I'm still confused. The "article" clearly states there's a new law starting January 01, 2008. Is there a law or not? I posted over at BOTH but nobody other than rommer has joined in.
 
Nah, we have a meeting tonight, I'll get it then...I don't have my copy of BOTH handy.
 
Rommer, I had a few minutes so I called Gene. He said it was basically a mis-print. There is no law that starts in 2008, it's the same "old" law. The confusing part is according to him, the DEC has yet to produce a course or a test...that's why they're hoping to get more information for the next issue.

He's been getting calls from yacht clubs and marinas up and down the Hudson. Sounds like a big mis-understanding. I think the frustration lies in the fact there is a law requiring a license yet the course or the test is not available.

EDIT: He is part of the "Hudson Valley Marine Trades Organization" so as you can imagine, they have an exposure due to a requirement yet no way to fulfill that requirement. http://www.hvmta.com/
 
Yes, actually, I do have an update but wanted to formulate an opinion (Below)

A fellow club member wrote the DEC asking for clarity and she received a response from "pestmgtrb2@gr5tgw.dec.state.ny.us"


Dear xxx:

Legislation was passed in 2006 and went into effect January, 2007 that created a Title 9-A in Article 33 of the Environmental Conservation Law. A provision of that new title was that any commercial application of aquatic antifouling paints be done only by a certified pesticide technician, certified pesticide applicatior or a certified aquatic antifouling paint applicatior. There was a provision added that allowed commercial pesticide apprentices employed by a registered business to apply aquatic antifouling paints until December 31, 2007. So, as of Jauary 1, 2008, anyone who is going to commercially apply aquatic antifouling paints will be required to be certified by the NYS DEC.

Thank you,
Rich

In summary, if you are a commercial marina, prior to Jan 01, you could hire laborers to paint boats. However, now even the laborers have to take the test. This all makes sense now as when I spoke to "Gene" he was complaining about this new requirement and said it wasn't fair that the DEC refuses to issue the test in Spanish. I didn't understand the comment then but now it all makes sense. He represents the HV Marine Trades Organization. I kid you not.

My opinion: HVMTA is pissed they can't hire illegal aliens to paint your bottom.

So, my fellow member mailed the response to John Vargo and he promised to clarify the issue in the next release of BOTH.
 
Oh, and another opinion, I think the original article was intentionally terribly misleading!! Whoever is responsible should issue an apology.
 
quote:
My opinion: HVMTA is pissed they can't hire illegal aliens to paint your bottom.
Click to expand...


I fail to see why should that bother anyone. After all they are illegal to begin with. Is this going to make them any more legal? Nope.
Engage Sarcasm Mode;

I am most certain that the comlaint is to allow our American citizens that refuse to learn the American language to take the test and be properly certified to apply paint to your boat.
Just make sure you speak their language so that there is no mistake what you want painted.

;Disengage

[:-banghead]
 
So this still applies to having someone paint the boat for you. If you paint your own boat this does not matter?

And if they cant take the test because they cant speak English - then too bad , go learn something then take the test.
 
Paint you're own bottom, good to go. Get paid to paint a bottom, you must have a license.

Dan, I like the way you think. You do have a point in regards to illegal is illegal. I guess the marinas are concerned they'll get in trouble for not having the DEC license but hiring illegals, that's all fine, nobody cares to enforce THAT law.

Jump the border, commit tax fraud, steal free medical care, drive without a license or insurance...the police will look the other way. But don't you dare paint a boat's bottom!!
 
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