33 CFR § 149.404 - Can I use fire fighting equipment that is not Coast Guard approved?

---
identifier: "/us/cfr/t33/s149.404"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 149.404 - Can I use fire fighting equipment that is not Coast Guard approved?"
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "149.404"
section_name: "Can I use fire fighting equipment that is not Coast Guard approved?"
chapter_name: "COAST GUARD, DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "NN"
subchapter_name: "DEEPWATER PORTS"
part_number: "149"
part_name: "DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 1504, 1509; DHS Delegation No. 00170.1, Revision No. 01.4."
regulatory_source: "USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless otherwise noted."
cfr_part: "149"
---


# 149.404 Can I use fire fighting equipment that is not Coast Guard approved?

(a) A deepwater port may use fire fighting equipment that is not Coast Guard approved as excess equipment, pursuant to § 149.403 of this subpart, if the equipment does not endanger the port or the persons aboard it in any way. This equipment must be listed and labeled by a nationally recognized testing laboratory (NRTL), as set forth in 29 CFR 1910.7, and it must be maintained in good working condition.

(b) Use of non-Coast Guard-approved fire detection systems may be acceptable as excess equipment provided that—

(1) Components are listed by an NRTL as defined in 46 CFR 161.002-2, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer's specific guidance;

(2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), with specific regard to the hazardous location installation regulations in 46 CFR 111.105;

(3) Coast Guard plan review is completed for wiring plans; and

(4) The system and units remain functional as intended. To ensure this, marine inspectors may test and inspect the system.

[USCG-2012-0196, 81 FR 48243, July 22, 2016]