§ 61. Repairs and modifications. 1. Before any repair or modification
is made to the structure or engineering plant of a public vessel, or any
repair or modification is made that may affect the stability,
seaworthiness or safe operation of a public vessel, or in the event that
the owner of a public vessel becomes aware of any such repair or
modification, the owner shall notify the inspector of the repair or
modification or proposed repair or modification in writing. The
inspector shall be authorized to determine whether a proposed repair or
modification may be made, whether inspection of the vessel shall be
required before any proposed repair or modification is made, or whether
inspection should be made after repair or modification. The inspector
shall also be authorized to determine whether the vessel may be operated
pending inspection, or whether the vessel may only be operated after
inspection, or whether it may not be operated. The inspector may impose
conditions on any such repair or modification, inspection and operation
taking into consideration the nature of the proposed or existing repair
or modification, the condition of the vessel and any other factors the
inspector deems relevant to the stability, seaworthiness and safe
operation of such vessel. The owner shall comply with the determination
of the inspector.

2. An owner who fails to give notification as required by this
section, or who modifies or permits the repair or modification of a
public vessel in contravention of the requirements of this section,
shall be guilty of a violation punishable as set forth in section
seventy-three-c of this article.

3. A public vessel which the inspector has directed to be inspected
prior to operation pursuant to the provisions of this section shall not
be operated upon the navigable waters of the state if such vessel has
not been inspected. A public vessel which the inspector has directed not
to be operated pursuant to the provisions of this section shall not be
operated upon the navigable waters of the state. An owner who permits
the operation of a public vessel in contravention of this section shall
be guilty of a misdemeanor punishable as set forth in seventy-three-b of
this article, and the certificate of inspection of said public vessel
may, in the discretion of the inspector, be suspended until such time as
the inspector determines that said vessel is stable, seaworthy and safe.