The following rules and regulations apply to all watercraft in Halifax Harbor Marina.

1. Definitions.

For the purposes of these regulations, the following words and terms shall have the following meanings:

“Agreement” refers to the Halifax Harbor Marina Master Slip/Space Rental Agreement and Exhibit “A” Rules and Regulations, the Short Form Slip/Space Rental Agreement and the Work Regulations, all between Marina and Owner.

“Contractor” refers to a person, business or service provider hired by Owner to perform work or to provide a service on Owner’s Vessel. The term, as used herein, implies an independent contractor.

“Captain” and “Crew” are terms used to identify employees of Owner, other than independent contractors.

“Hazardous Wastes” (HW) means wastes that are either listed by the United States Environmental Protection Agency (EPA) in 40 CFR Part 261 Subpart D or are ignitable (i.e. flash point less that 140 degrees Fahrenheit or an oxidizer), corrosive (e.g. pH equal to or greater than 2 or equal to or less than 12.5), reactive, or toxic, as defined in 40 CFR part 261 Subpart C. Hazardous material must be recycled, treated, stored or disposed at a proper HW facility. HW cannot be disposed on or in the ground, or in local landfills (i.e., cannot be poured onto the land or in the water and cannot be placed in a dumpster or other container meant for litter, as defined below.

“Litter” means any “garbage; rubbish; trash; refuse … or substance in any form resulting from domestic … or commercial operations.” (Florida State Statute 403.413). The term as used herein does not refer to Hazardous Wastes.

“Marina” shall refer to the city of Daytona Beach Halifax Harbor Marina and/or the Operator, and its employees, of Halifax Harbor Marina.

“Owner” shall refer to the vessel Owner, its agent or representative.

“Pollution” is “the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or man-made or man-induced impairment of air or waters or alterations of the chemical, physical, biological or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.” ( Florida State Statue 403.161)

“Regulations” shall refer to these Halifax Harbor Work Regulations.

“Vessel” shall refer to Owner’s boat for which Marina provides dockage.

“Vessel Exterior” refers to all surfaces and areas normally exposed to weather and water to include areas enclosed by flexible material.

“Vessel Interior” refers to all surfaces and areas not normally exposed to weather and water. Bilges, wet or dry, are considered interior.

“Vessel Conversion” occurs when repair, maintenance, and upkeep of a vessel require a surface or area, normally considered interior, to be exposed to the weather, in which case the exposed surface or area shall be considered part of the vessel exterior.

“Watercraft” refers to all waterbom craft in the waters of Marina, including boats not the subject of a Slip/Space Rental Agreement.

2. Purpose.

The purpose of these Regulations is to promote a high standard of Vessel appearance and seaworthiness, while protecting Owners, Marina facilities, the public and the natural environment from any adverse effects of Vessel maintenance. The Regulations are also intended to promote safety and security, and to require evidence of liability insurance on the part of Contractors performing services at Marina. These Regulations define work activities that Owners, Owners’ crews and Contractors may perform on Vessels while Vessels are in Marina’s waters; provide examples of some types of work activities and tools that are not allowed, and establish requirements and procedures for Contractors to follow to be allowed to work in Marina.

3. Background.

Marina and Owners have agreed that Vessels will meet a high standard of appearance and seaworthiness. Exhibit “A”, Rules and Regulations to the Master Slip/Space Rental Agreement, states in part that “only vessels in good and seaworthy condition will be admitted to Halifax Harbor Marina. Vessels are subject to initial and subsequent inspections by Marina or other appropriate agencies to ascertain the maintenance of proper health and safety conditions and appearance, including but not limited to: operational engine(s). . size, condition and number of . . .cleats; condition and appearance of exterior portion of vessel; odor; condition of bilges and bilge pump(s); condition of fuel tanks, marine head facilities and plumbing, etc. . . . All vessels must be equipped to comply with the Florida Clean Vessels Act.”

4. Permitted Activities.

The following activities are allowed on Vessels in Marina: a. Cleaning and waxing. Owner is encouraged to avoid products which contain phosphates, ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates, or lye, surfactants (often found in soaps and detergents) and heavy metals. The use of traditional sudsing cleaners that must be rinsed off is also discouraged.

b. Varnishing and oiling wood parts, so long as products, including varnish scrapings and sanding residues are kept out of the water and off of the docks.

c. Sanding, but only if the sanding residues of paint, varnish or fiberglass are prevented from fouling the waters, docks or other vessels. Use tarps and or vacuums as required and properly dispose of the residues.

d. Exterior paint touch-up for nicks, scratches, and gouges or other small areas, so long as paint and paint chips do not foul the water, docks or other boats.

e. Interior paint and varnish.

f. Cleaning and lubrication of equipment, so long as residues are not permitted to foul the bilges, waters, docks or other vessels. Residues must be handled as discussed herein.

g. Inspection and adjustment of rigging, repair and replacement of canvas.

h. Replacement of defective antennas, coaxial cables and fittings.

i. Running engine(s) and routine maintenance thereof, to include replacement of defective exterior ancillary components. Engines should not be run if they are discharging fuel into the water or cause exhaust smoke and fumes that bother others.

j. Changing oil and oil filters, so long as the residues are prevented from fouling bilges or Marina waters, and are properly disposed. Marina furnishes a free oil recycling service. No one may dispose of oil, oil filters or any oily waste in trash toters or dumpsters or uplands of the Marina.

k. Engines and generators or other large components may not be removed or installed without specific approval of Marina. 1. Installation of holding tanks, marine toilets, water tanks, air conditioning, refrigeration and heating equipment is allowed if the installation does not cause noise, air or water pollution or inconvenience to others. m. Scrubbing hulls, both in and out of the water, but no hull cleaning activities are permitted which will dislodge bottom paint so that it may foul the waters or upland areas of the Marina.

5. Permitted tools.

Power tools are permitted if they do not create a hazard for fire or explosion, hazardous emissions, disturbing noise, air pollution, water pollution or other adverse condition. Spray painting equipment is not allowed, but limited use of air-brush equipment is allowed for touch-up or detailed finish work, so long as materials do not contact other vessels or Marina docks and finger piers, or waters of the Marina.

6. Emergency repairs

a. Emergency repairs shall be allowed on the hull defined to be a structural part of the vessel to the deepest point in the water when necessary to prevent the vessel from sinking. The vessel shall then be removed from the Marina to effect permanent repairs and will not be permitted to enter the Marina until such repairs are completed.

b. No external cranes, lifts or mechanical assistance devices shall be allowed within the confines of the Marina without Marina approval.

7. Owner’s responsibilities.

Owner is responsible for all activities aboard his/her Vessel and the effect they have or may have on surrounding vessels, persons, facilities of Marina and the natural environment. Owner is responsible for hiring only Contractors who have provided Marina the required evidence of insurance, as described in Paragraph 8, below. If Owner elects to have work performed by Owner’s Captain, Crew or employees, for whom Owner is responsible, Owner will provide Marina a signed statement in the form of Exhibit” A” prior to the commencement of any work or service activities.

8. Contractors.

If a contractor is used to accomplish any work on a Vessel, the Contractor shall be required to adhere to these Work Regulations. The Owner, or his/her Captain, Crew representative or Contractor shall notify the Marina Office prior to the commencement of work by Contractor within the Marina. An Owner, who also may be a Contractor, is considered an Owner when working on his/her own Vessel.

a. Permits and Licenses. Marina does not issue permits, licenses or other evidence of the professional qualifications of Contractors and does not require Contractors to provide evidence of permits or licenses or other qualifications. Marina does maintain a file of Contractors who have provided evidence of required insurance, as hereinafter described, and will make such list available to the public on request.

b. Insurance. Contractors are required to provide proof of liability insurance to the Marina Office with limits of liability of no less than $250,000 per person and $1,000,000 per occurrence for bodily injury and $500,000 for property damage or a combined single limit of $1,000,000 for bodily injury and property damage prior to performing any work within the confines of the Marina. Each Contractor is responsible for assuring that the proof of insurance is presented in a form that clearly names the company or individual(s) insured under the policy. The insured must also provide a list of employees covered under the policy, such list to be signed by the insured or by the authorized representative of the insured. Contractors not named as “insured” or “additional insured” on a policy or on a signed list of employees of the insured will not be permitted to perform services in the Marina.

c. Sign in Log. Properly insured contractors may sign out a customer’s vessel key on an “as needed” basis to perform repairs. The contractor shall return the key to the marina office upon completion of the task, but no later than 6:00pm the same day, unless other arrangements are made with the marina staff.

d. Marina is not responsible for verifying with Owner that a Contractor is authorized to enter or to work on Owner’s Vessel. Contractor assumes, with Owner, all consequences of his/her services, including entering and being present on the premises of Marina.

e. Contractors may only move a Vessel by means of another vessel if they provide Marina with proof of Protection and Indemnity coverage for such activity,

9. Disposal of Litter and Hazardous Wastes.

The discharge, into Marina trash toters, dumpsters, waters or upland areas, of oil or other petroleum products and hazardous materials of any sort is strictly prohibited. Owner and Owner’s representatives, and Contractors, agree not to discharge any amount of such contaminants in any form, including contaminated bilge water. Litter, petroleum products and Hazardous Wastes will be disposed of as follows:

a. Litter. Owner, Owner’s representatives and Contractors will ensure that all Litter (non-hazardous waste, including trash and garbage) is placed into receptacles provided. No materials of any sort may be disposed of into Marina waters or sewage system.

b. Petroleum products and materials contaminated with petroleum products. All oil and oil filters will be disposed of in the recycling igloos in the North Basin. Petroleum- contaminated bilge water must be recovered and disposed of properly, not in Marina waters or on Marina premises, including in waste disposal containers. Gasoline and gasoline-contaminated materials must be disposed of as hazardous materials as defined in paragraph c, below.

c. Hazardous materials. Owner, Owner’s representatives and Contractors are responsible for proper removal from Marina property and disposal of hazardous materials, including gasoline and gasoline-contaminated materials, including rags, wipers and debris, and gasoline-contaminated bilge water, and will bear all of the costs of such disposal. Coolants, paint chips and dust, varnish, fiberglass materials, thinners, batteries and similar materials may not be disposed of on Marina property, land or water. Persons disposing of these materials are advised to obtain and retain a certificate of disposal at a licensed site.

d. Charges associated with damage and preventing of damage caused by a discharge, and with cleaning up and disposing of contaminated materials or any pollutant substance following such discharge, will be billed to Owner if Owner’s vessel or actions, or the actions of Owner’s representatives or Contractor, cause or may cause contamination of Marina waters or land areas.

10. General

a. The docks and sea walls shall not be used for storage of any item and shall be kept clean by the Owner, Captain, representative, Crew or Contractor of the responsible Vessel.

b. No person shall discharge petroleum products, spirits, inflammable liquid or polluted bilge water or any other pollutants into the Marina waters or on Marina premises, including oil recycling containers, dumpsters or other waste disposal sites.

c. No person shall introduce pollutants into the atmosphere of the Marina.

d. No person shall create noise pollution in the Marina.

e. The use of any type of pressure washer to clean or prepare an exterior vessel surface is prohibited.

11. “Stop Work” authority.

If in any case, work involved or tools used on a vessel adversely affects any adjoining tenant, the public, facilities of the marina or the natural environment, Marina shall cause all work to cease. Marina may also issue a stop work order (a) if a Contractor fails to register with Marina prior to entering a gated area or working on a vessel, or (b) to verify that a person working on Owner’s vessel is Owner’s employee. In the event Owner or Owner’s representative, Captain, Employee or Contractor refuses or fails to stop work after ordered by Marina, Owner’s Slip/Space Rental Agreement may be canceled and terminated.

12. All rules and regulations outlined herein apply equally to all Watercraft and to their Owners and Owners’ Contractors, and to the general public using Marina facilities.