Class Code: 7090

Per NCCI's Scopes Code Description:

Boat Livery—Boats Under 15 Tons:

Code 7090 is applicable to operations described in this scope that are conducted on waters subject to Admiralty jurisdiction. Please refer to the note at the end of this scope for a general explanation of the Admiralty Law.

Boat livery is generally associated with the transport of people to unspecified locations as opposed to a ferry, which operates on a designated schedule and will carry fare-paying passengers between two or more points. Boat livery-type vessels will usually not carry passengers’ vehicles or cargo for others. Activities contemplated by this scope include the operation, rental, storage and maintenance of vessels under 15 tons. The reference to boats “under 15 tons” refers to the displacement of the vessel without stores (supplies such as food, clothing or arms), bunk (sleeping accommodations), fuel or cargo.

Operations contemplated by this classification include the operation of glass-bottom boats as tourist attractions, the operation of boats on a lake as part of amusement parks or resorts, white-water rafting trips, sightseeing boats, harbor tours, drift fishing boats, chartered fishing boats and riverboat gambling vessels provided that these vessels weigh less than 15 tons. Refer to Codes 7016, 7024 and 7047 for vessels weighing 15 tons or greater. Codes 7038, 7050 and 7090 include all employees engaged in the operation of the described vessels that are subject to Admiralty Law.

Certain employees of gambling vessels such as restaurant employees, entertainers and gaming personnel may or may not be subject to Admiralty Law. This determination is not made by NCCI as it is a legal question involving coverages. In the event that the aforementioned types of employees are deemed to be “crew members” covered under Admiralty Law, the applicable vessel classification is applied to their payroll. If these employees are not deemed to be subject to Admiralty Law, Codes 9061, 9061F (Club NOC & Clerical), 9044, 9062, 9044F or 9062F (in those states where these classes are applicable) are applied to their payroll.

Pilot boats, which are usually small vessels used to deliver a pilot to and from the pilot’s ship in a harbor, are also included in this classification. Activities within the scope of this classification include rental, operation, storage and maintenance aboard the boat and on the shore.

Vessels—Sail:

This classification is applicable to any masted vessel used in a commercial manner with the exception of masted fishing vessels, which are properly classified to Code 7016—Fishing Vessels—NOC. Masted vessels that fall within the scope of this classification may also use engines as needed for power. This code includes sailing vessels chartered by individuals or groups for recreational purposes including such diversions as sightseeing, snorkeling and swimming. In addition, these vessels may provide entertainment as well as beverage and meal service for their passengers.

Yachts—Private—Sail or Power:

This classification is assigned to the demonstration or operation of private yachts, either sail or power, on navigable waters when Admiralty coverage is afforded by the policy. It has also been assigned to employees engaged in hydroplane racing on navigable waters when Admiralty coverage is afforded.

When Longshore coverage is afforded to a boatyard, located on or adjacent to water, that is engaged in sales, repair, service and/or storage of boats, Code 6826F—Marina & Drivers (Coverage U.S. Act) is assigned. When only State Act coverage is afforded, Code 6836—Marina & Drivers (coverage under State Act only) would apply.

An inland boat sales or service agency engaged in a minor amount of repair and service work has been assigned by analogy to Code 8380.

When State Act coverage is afforded to a boatbuilding or repair facility located inland, the appropriate boatbuilding or repair classification would apply (i.e., Codes 6834, 6811, 6854).

Note:  The following is a general explanation of the Admiralty Law and a description of Coverage Programs that pertain to this classification.

Admiralty Law:

Masters and members of the crews of vessels are not covered under state workers compensation laws nor under the USL&HW Act. They are subject to Admiralty Law and, if injured, have the right to sue their employers for damages in the Admiralty Courts where the proceeding is in the nature of an employers liability suit. They also have the right to transportation, wages, maintenance and cure. Such seamen are subject to a federal law, the Merchant Marine Act of 1920, known as the Jones Act (46 U.S. Code, Section 688, 1970), which applies the provisions of the Federal Employers’ Liability Act to seamen. Every person employed on board a vessel is deemed to be a seaman if connected with the operation or welfare of the vessel while in navigable waters. Usually, navigable waters are defined as those which form a continuous highway for interstate or international commerce.

Coverage Programs:

Program I—provides, under Part One—Workers Compensation Insurance, statutory liability under the workers compensation law of any state designated in Item 3.A of the Information Page and, under Part Two—Employers Liability Insurance, employers liability for damages under Admiralty Law, subject to a standard limit as shown in the Basic Manual.

Program II—provides the same coverage as Program I, but with the addition of Voluntary Compensation. Under Program II, the insurance carrier will offer a settlement of a claim strictly in accord with the statutory benefits provided in the workers compensation law designated in the voluntary compensation endorsement attached to the policy as if the claim were subject to such law, instead of subject to the laws of negligence. If the offer of settlement is rejected, employers liability then applies to such claim or suit, with the same standard limit as for Program I.

State Addendum
Massachusetts Certain employees of gambling vessels such as restaurant employees, entertainers and gaming personnel may or may not be subject to Admiralty Law. The MA Bureau does not make this determination since it is a legal question involving coverages. In the event that the aforementioned types of employees are deemed to be “crew members” covered under Admiralty law, the applicable vessel classification is applied to their payroll. If these employees are not deemed to be subject to the Admiralty Law, Codes 9044, 9062, 9044F, or 9062F are applied to their payroll.

Coverage Programs:

Program I—provides, under Part One—Workers Compensation Insurance, statutory liability under the workers compensation law of any state designated in Item 3.A of the Information Page and, under Part Two—Employers Liability Insurance, employers liability for damages under Admiralty Law, subject to the standard limit as shown in the MA Manual Rule XIII-D.1.

Program II—provides the same coverage as Program I, but with the addition of Voluntary Compensation. Under Program II, the insurance carrier will offer a settlement of a claim strictly in accord with the statutory benefits provided in the workers compensation law designated in the voluntary compensation endorsement attached to the policy as if the claim were subject to such law, instead of subject to the laws of negligence. If the offer of settlement is rejected, employers liability then applies to such claim or suit, with the same standard limit as for Program I.

Rate per $100. of Renumeration: $ 3.56

Construction Exemption Required: No