The law and how its tough to make and sell Nitrox

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Posted by Kevin on January 12, 2001 at 13:07:50:

In Reply to: Re: Ken Kurtis and the Solo -v- Nitrox discussion/promotion posted by JIm Hoffmann on January 12, 2001 at 12:11:43:

Dear Jim:

You summed it up perfectly when you said that “ there allot of grey area's “. You
are 100% correct. But you and I both know that if we don’t follow all the laws,
and someone gets hurt, we will be hearing “ Ladies and Gentlemen of the jury. “

And I agree with most of what you said, but respectfully would like to add the

How can anybody transport a scuba cylinder filled with nitrox inside their car

“The only thing I could find out about this is that the tanks need to be chained
down. “

Nope. The DOT laws specifically state that all compressed gas cylinders that are
transported in a vehicle on a city. state, county or federally maintained roadway
can only be transported in an open and secured cargo area. Putting a cylinder in
the trunk of a car is a no-no. Putting a cylinder in the back seat is a no-no. The
open cargo bed of a pick up or truck is the only legal way to transport them. And
I won’t even start mentioning the Highway placards.

Insanity, but its the law.

How can an instructor with Any agency and teaching Any level of class legally
dive with nitrox without a decompression chamber manned and ready on-site?

“It is perfectly legal for a dive instructor to teach and use nitrox without a
decompression chamber on-site. According to Ed Bett at Andi, the Scuba
industry has a total exemption from OSHA standards on this issue. This is
probably close to being true.”

Ummm, where do I get my copy of this State and Fed exemption ?? I honestly
don’t believe the State and Feeds would issue a blanket exemption for an entire
industry, do you my friend ??

How can an individual legally purchase the correct grade of Oxygen for human
consumption in California?

“I use Aviator's Oxygen.”

Ahhhhhh yes, the expensive stuff, good. That solves a bunch of the legalities,
except for the fact that aviation grade is only sold to be used in aviation
applications. Also please remember that the FDA considers oxygen to be a
prescription drug, and can only be dispensed through a medical doctor’s
prescription to a specific patient.

There is a blanket exemption for oxygen to be used in a diving emergency by an
individual who is trained to use it, at least that is what I teach in my DAN course.
But when you blend oxygen and other gases to make nitrox, that is not a diver’s

Hey, wait a minute, I just heard MHK whisper that whenever I dive it could be
considered a “diving emergency” !!

Jim, please remember I am on your side, but man these laws are driving me
nuts !!


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