AN ACT RELATIVE TO KAYAK SAFETY. (House 2382 — Senate 1410)

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of Chapter 90B of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the definition of "Jet skis" the following definition:
"Kayak", a lightweight boat that is covered, except for a single of double opening in the center thereof, and is propelled by a paddle.

SECTION 2. Said chapter 90B is hereby further amended by inserting after section 5B the following section:
Section 5C. A person aboard a kayak shall wear at all times a TYPE I, II or III personal flotation device in good and serviceable condition.

SECTION 3. Section 11 of said chapter 90B, as so appearing is hereby amended by adding the following clause:
(q) Require safety equipment aboard any kayak, which shall include a personal flotation device on each kayaker, as required by section 5C, and may include a compass and a whistle.

SECTION 4. Said chapter 90B is hereby further amended by inserting after section 13A the following section: Section 13B. Anyone who holds himself out as a kayak instructor for hire shall obtain and maintain: (i) first aid training approved by the department of public health; (ii) cardiopulmonary resuscitation training approved by the department of public health; and (iii) kayak instructor certification from the American Canoe Association, or equivalent water training.
The instructor shall train students on the safety procedures appropriate to the level of paddling difficulty. Before a student is instructed in water deeper than 5 feet. He shall receive wet exit training, which is practice escaping from a kayak while submerged in a controlled water setting. Wet exit training shall not be required if the student is using a sealed-hull, sit-on-top or open-decked kayak in which no part of the student’s body is enclosed by the kayak or a kayak skirt.
A liability release that limits an instructor’s responsibility to comply with this section shall be void.