Boat Yard Rules when on the hard...

[BillyK]

Question about the rules I've just read in one of the boatyards around here that will block sailboats..

"Owners requesting permission to work on their own boat agree to follow all yard rules and to buy all materials from [the Marina]."

"Due to EPA, pollution, and insurance concerns, [the Marina] must insist on performing all bottom painting - owners will no longer be allowed to paint their boat bottoms"

incidentally, the yard charges $95 an hour for their labor.

is it just me or do these two rules seem unjust?

 

[Ed Schenck]

Not the first time I have seen that. Fortunately it has not come to my marina yet. When I cannot paint the bottom myself I will move or sell. Especially at $95./hour!!

 

[Barnacle Bill]

It seems unjust, but it is their yard and they can impose rules. I suppose you could challenge some in court, but then you would only alienate the boat yard and it might cost too much to sue them, so maybe just find a nice DIY boatyard with not so many rules.

 

[kloudie1]

Our Marina had a rule a few years back that said that everyone in the marina had to have their maintenance work done by the marina boatyard and all supplies had to come from them.. $80/ hour.. It was not enforced and has since been dropped. The yard is not associated with the marina any more.. used to be owned by the same family. We are still not allowed to do our own bottoms at that yard; there are yards around the lake that do still allow DIY folks.. Notice that the note uses the word "concerns" and not "regulations" .. In other words, these could be addressed but we choose not to ..

 

[gpd955]

A lot have implemented these rules because they ultimately are responsible for the fines and penalties for the owners' mistakes. The yard where I bought my first boat called me after I painted the bottom (and most of myself) and told me to clean up my mess or my boat would not be launched. I was naive about the whole waste issue and quickly learned my lesson when I spent 8 hours cleaning and picking up thousands of small stones! Unfortunately irresponsible people (and yes, I was irresponsible that first time for not doing my homework) have forced boatyards to protect themselves.

The yard where I currently store in the winter requires you to use their staff or you are permitted to have someone come in and do it provided they are insured and bonded and that company assumes responsibility for any spills, fines, etc.

I doubt a court challenge would work since it's in their contract and you have a choice to store there or not. Now if they did not notify you, you may have some grounds.

 

[RichH]

Thats against "Fair Trade" laws and is probably illegal but highly costly to prosecute.
The marina has declared itself a monopoly for boat work and supply materials and is clearly 'stacking the deck' in its favor ... and will probably further 'raise prices' in the very near future to boot.

Id look for another marina.

This happened at my marina about 10 years ago ... and about half of the slip/mooring holders went out and found 'reasonable' and DIY marinas elsewhere and threatened to leave 'en mass'. The marina quickly 'recanted' and we havent heard a peep of 'captive monopoly' since although the standard prices did escalate.

This is called "price gouging" and is clearly illegal. The best way to avoid such is to 'vote with your feet' as clearly this marina does not have the 'best mutual interest' of its customers in mind .... which is kind of counterproductive especially in a wholly depressed marine marketplace and especially when most marinas are currently 'not full' due to the 'recession'. $95/hour for typical minimum wage 'results' is beyond obscene. Id be out there in a NYC minute.

Is this Utch's Marina???? It was certainly 'not full' when I visited a few weeks ago. Better to consider to move your boat to the close-by Upper Chesapeake .. where MANY slips and mooring are still 'vacant'.

 

[fstbttms]

Thats against "Fair Trade" laws and is probably illegal but highly costly to prosecute.
The marina has declared itself a monopoly for boat work and supply materials and is clearly 'stacking the deck' in its favor ... and will probably further 'raise prices' in the very near future to boot.

Id look for another marina.

How is this a monopoly and in violation of Fair Trade laws when there are any number of other boatyards in the local area that the OP can choose from and use?

 

[Steve Dion]

It really is their sandbox and they can determine who plays in it (or not).

While I would agree that the hourly rate is a little excessive, you live in one of most highly taxed states. These guys that work around boats have high workman's comp rates from what I know about California.

 

[Don S/V ILLusion]

There is nothing illegal, improper or unfair about a marina protecting themselves from fines and liability caused by a negligent or careless boat owner trying to save a buck. I know of three marinas which have been heavily fined because one or more of their customers caused RCRA violations. The marinas paid these fines and hold liability, not the careless boat owner.

Your yard charges the same labor rate as most comparable marinas in my neighborhood. This is a simple matter of accept it or not; your choice.

 

[RichH]

In Cape May NJ there are only 2 marinas suitable for 'sailboats', and because of tide and shallowness at one marina one cannot enter/exit during other than high tide. Leaving essentially one marina .. as the 'only game in town' for a sailboat.
Cape May NJ as is most of the case in Southern NJ - is not sailboat friendly as the bulk of boats are 'sport fishing' boats used primarily only on weekends and which generate vastly more revenue for marinas than 'sailboats'; the sailboats are simply being 'pushed out' in favor of sport fishing boats which generate increased revenue for the marinas.

New Jersey also is typical of those places where every possible human action is over-regulated, controlled and restrained by restrictive laws which is causing a 'great emigration' by the citizenry to 'other adjacent states'. Such emigration has become so widespread that NJ has imposed a draconian 'émigré tax' (on real estate, etc.) on those who leave the state. Sound familiar?

 

[capejt]

Yes and No

I can understand (but not necessarily agree with) the part about them doing the bottom. This is a result of too many regulations from the state.
I absolutely can NOT agree with the buy from us only attitude. If the marina wants to sell you your materials, let it compete fairly through lower prices.

 

[tommays]

In NY you can buy paint anyplace BUT at a boat yard you have to have a pesticide application permit as it is a pesticide

In reality its applied hit and miss by yards on the same street as and income maker

OR you can do what i do and go through the grief of moving the boat home two times a year and put up a tent to control the dust

 

[seadaddler]

NY

When I was in Long Island,NY the marina had the same rules no painting or sanding unless it was a pro,but every night after the marina closed and staff left I would see people paint bottoms and just made sure they cleaned up and no painting with out a canvas.
Here in Florida plenty of DIY yards and yes some say to buy all materials from them too but am in a real good yard here in Port Charlotte are real good just keep everything clean and no paint on dirt or gravel and keep clean.
Nick

 

[fstbttms]

I can understand (but not necessarily agree with) the part about them doing the bottom. This is a result of too many regulations from the state.

No, this is a result of the state EPA making sure that there is a clean marine environment for the plants and animals that live there and for humans to recreate in. Unregulated (and allowing boatowners to do as they please) boatyards would be among the worst waterfront polluters, as they were in the past.

I absolutely can NOT agree with the buy from us only attitude. If the marina wants to sell you your materials, let it compete fairly through lower prices.

Does your car mechanic let you bring in the sparkplugs you got on sale at Walmart for him to install during a tuneup?

 

[thinwater]

When I was in Long Island,NY the marina had the same rules no painting or sanding unless it was a pro,but every night after the marina closed and staff left I would see people paint bottoms and just made sure they cleaned up and no painting with out a canvas.
Here in Florida plenty of DIY yards and yes some say to buy all materials from them too but am in a real good yard here in Port Charlotte are real good just keep everything clean and no paint on dirt or gravel and keep clean.
Nick

Are we talking Utsch's Marina? I always like to know what my options are when I travel.

No, there arn't a lot of choises nearby. Yes, they can make a yard private and allow no work if they want. Why not? As for the materials clause, that's just asking for cheating.

A wonderfull town--I visit every summer--but really the domain of sportfisherman.

 

[BillyK]

I just got back from visiting the marina i started this post over... and as i got there i noticed they had a neighbor marina right next door.. i swung into the office of that marina and asked if they had availability for a 30 foot sailboat.. the office manager said yes, and immediatly followed up with "and you can do any work you would like on the boat over the winter, paint the bottom, work on the interior, etc".. i had to laugh.. and picked up a lease agreement and will call the yard manager tomorrow about how they block the hull and if they can step a mast.. so funny that just 50 feet away and you cant paint your own hull..
it certainly pays to shop around... oh, and its cheaper by the foot as well.. $29 a foot at the first 'no paint' marina, and $24 at this one..
hopefully the yard manager tells me what i want to hear and i'll be set..

 

[BillyK]

Are we talking Utsch's Marina? I always like to know what my options are when I travel.

Not Utches.

 

[fstbttms]

i noticed they had a neighbor marina right next door.. i swung into the office of that marina and asked if they had availability for a 30 foot sailboat.. the office manager said yes, and immediatly followed up with "and you can do any work you would like on the boat over the winter, paint the bottom, work on the interior, etc"...

Exactly. There is no "monoploy", simply differing business models. People love to jump and down screaming about perceived injustices, when in reality, no injustice exists.

 

[Rick D]

SoCal

We're long ago there. I believe most marinas require purchases of paint & materials from them (I know of no exceptions) and those allowing owner painting are rare (I think there are two).

 

[jfmid]

New Jersey also is typical of those places where every possible human action is over-regulated, controlled and restrained by restrictive laws which is causing a 'great emigration' by the citizenry to 'other adjacent states'. Such emigration has become so widespread that NJ has imposed a draconian 'émigré tax' (on real estate, etc.) on those who leave the state. Sound familiar?

This is what makes my home state the greatest in the country. Brilliant minds developing creative taxation codes.
It is forcing out all those who cant afford it. Pretty soon we will be just the home of Wall Streeters and the playground of the NY'ers like those in the cast of Jersey Shore. I only see it getting worse as the remaining few are soaked more and more to pay for keeping the status quo.
I think my favs are the arcane liquor laws restricting where one can buy beer and wine and the scam of Turnpike and Parkway tolls.