S.I. No. 86/1990 - Merchant Shipping (Fire Protection) (Amendment) Rules, 1990.

S.I. No. 86 of 1990.

MERCHANT SHIPPING (FIRE PROTECTION) (AMENDMENT) RULES, 1990.

I, JOHN WILSON, Minister for the Marine, in exercise of the powers conferred on me by section 427 of the Merchant Shipping Act, 1894, (inserted by section 11 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952)), as amended by section 10 of the Merchant Shipping Act, 1966 , (No. 20 of 1966), section 10 of the Merchant Shipping (Safety Convention) Act, 1952 , as amended by section 9 of the Merchant Shipping Act, 1966 , section 3 of the Merchant Shipping Act, 1966 , and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Rules:—

1. These Rules may be cited as the Merchant Shipping (Fire Protection) (Amendment) Rules, 1990 and shall come into operation on the 23rd day of April, 1990.

2. The Merchant Shipping (Fire Protection) Rules, 1985 ( S.I. No. 279 of 1985 ), are hereby amended:

(1) in Rule 1(2)

( a ) by the insertion after the definition of "Accommodation spaces" of the following definition:

" 'Approved' means approved by the Minister;";

( b ) by the substitution for the definition of "Cargo area" of the following:

" 'Cargo area' means that part of the ship which contains:

( a ) the cargo tanks, slop tanks and cargo pump rooms; and

( b ) the following spaces when they are adjacent to the cargo tanks; namely, pump rooms other than cargo pump rooms, cofferdams, ballast spaces and void spaces;

and extends fore and aft between the forward end of the most forward of those tanks or other spaces and the after end of the aftermost of those tanks or other spaces and athwartships over the whole breadth of the ship; and the deck area over that part of the ship";

( c ) by the insertion after "Cargo area" of the following definition:

" 'Cargo ship' means any ship which is not a passenger ship;";

( d ) in the definition of "Main vertical zones" for "91" there shall be substituted "92";

(2) in Rule 1 paragraph (4) by the substitution of the following for proviso (iii)

"(iii) fishing vessels";

(3) by the insertion in Rule 1 after paragraph (4) of the following paragraph:

"(5) Any approval given in pursuance of these Rules shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.";

(4) In Rule 2 (1) (Classification of ships):

( a ) in the descriptions of Classes VII, VIII and VIII (A) the figures "X" shall be deleted;

( b ) the entry for Class X shall be deleted; and

( c ) in the description of Class XI the words "fishing boats and" shall be deleted;

(5) in Rule 6 (3) for "53(5)" there shall be substituted "53(4)";

(6) after the words "fire alarm system" where they appear in the Rules set out in this paragraph there shall be inserted "of an approved type";

(a) Rule 10(1)(a), (2) and (3);

(b) Rule 36(1), (2) and (3);

(c) Rule 86(1)(a) and (b);

(d) Rule 88(a);

(e) Rule 102(1)(a) and (b);

(f) Rule 104(a);

(g) Rule 123(1), (2) and (3);

(h) Rule 139; and

(i) Rule 142(6)(f);

(7) for Rule 40 the following paragraph shall be substituted:

"40.—(1) Rules 29 to 38 inclusive of these Rules shall apply to every ship of Class VII(A) of 500 tons or over as they apply to ships of Class VII of 500 tons or over;

(2) Every ship of Class VII(A) of less then 500 tons shall carry fire appliances in accordance with the requirements of the Merchant Shipping (Fire Appliances) Rules, 1967 ( S.I. No. 101 of 1967 ) as amended by the Merchant Shipping (Fire Appliances) (Amendment) Rules, 1983 ( S.I. No. 304 of 1983 ) and the Merchant Shipping (Fire Appliances) (Amendment) Rules, 1985 ( S.I. No. 277 of 1985 ) or any Rules replacing or amending the same made by the Minister.";

(8) in Rule 43(4) in the heading of the table the words "or buckets" shall be deleted;

(9) Rule 45 shall be deleted.

(10) in Rule 49 after paragraph (7) there shall be inserted the following paragraph;

"(8) Where a liquid cargo (other than one of those referred to in paragraph (2)) which presents particular fire hazards is intended to be carried a means or system off fire extinguishing appropriate to the cargo to be carried shall be provided to the satisfaction of the Minister;";

(11) by the substitution for paragraph (3) of Rule 50 of the following paragraph:

"(3) When the ship is not provided with an inert gas system, the operation shall be such that the flammable vapour is discharged:

( a ) through the vent outlets as specified in Rule 12 of the Merchant Shipping (Cargo Ship Construction and Survey) Rules, 1985 ( S.I. No. 276 of 1985 ); or

( b ) with a vertical exit velocity of at least 20 metres per second through outlets at least 2 metres above the cargo tank deck level and through devices (other than flame screens) complying with the First Schedule to the Merchant Shipping (Cargo Ship Construction and Survey) Rules, 1985 so as to prevent the passage of flame into the cargo tanks,

until the flammable vapour concentration in the outlet has been reduced to 30 per cent, of the lower flammable limit. Thereafter the discharge of the vapour mixture may be at the cargo tank deck level.";

(12) in Rule 53 there shall be added at the end "IN addition one such outfit carried in any such ship shall include a breathing apparatus of the air-hose type and the remainder shall include breathing apparatus of the self-contained type: provided that where the air-hose type breathing apparatus has, in order to comply with paragraph (1) of the Fifth Schedule to these Rules, to exceed 36 metres in length, a self-contained breathing apparatus shall be provided either in addition to or as a substitute for that air-hose breathing apparatus.";

(13) in rule 60(4) for "of Class VII" there shall be substituted "other than passenger ships";

(14) in Rule 62(3) for "Classes X and XII "there shall be substituted "Class XII";

(15) in Rule 71 there shall be added at the end "or rule 80 of the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985, ( S.I. No. 274 of 1985 )";

(16) in Rule 78 in table 2 row (11) "special category spaces" shall be deleted and in table 4 row (8) column (14) superscript "b" shall be deleted;

(17) in Rule 82(7) for the words from sub-paragraph (b) (ii) to the end there shall be substituted the following:

"(ii) insulated to "A-60" standard throughout the accommodation spaces, service spaces or control stations;

except that penetrations of main zone bulkheads and decks shall comply with the requirements of paragraph (2) of this rule.";

(18) in Rules 86(1)(a) and 102(1)(a);

( a ) sub-paragraph (a) shall be renumbered as (a)(i) and at the end for "or" there shall be substituted "and"; and

( b ) after sub-paragraph (a)(i) the following shall be inserted:

"(ii) in a ship the keel of which was laid or which was at a similar stage of construction on or after 1 July 1986 a fixed fire detection and fire alarm system of an approved type complying with the requirements of the Eleventh Schedule to these Rules so installed and arranged as to provide smoke detection in corridors, stairways and escape routes within the accommodation spaces; or";

(19) in Rule 98(7) for "Rule 96 of these Rules" there shall be substituted "paragraph (2) of this rule";

(20) in Rule 103(a) for the words "overall height of the zone does not exceed 12 metres" there shall be substituted "total overall clear height for vehicles does not exceed 10 metres";

(21) in Rule 110

( a ) sub-paragraph (2)(j) shall be deleted; and

( b ) after paragraph (8) there shall be added as paragraph (9):

"(9) In every ship one of the means of escape from machinery spaces where the crew is normally employed shall avoid access to any special category spaces or roll on roll off cargo spaces";

(22) for Rule 111 the following shall be substituted:

"111. Rules 112 to 125 inclusive shall apply to ships of Classes VII, VII(A), VIII, VIII(A), IX and IX(A) of 500 tons or over and tankers of Classes VII(T), VIII(T), VIII(A)(T), IX(A)(T) of 500 tons or over other than tankers to which Part VIII applies";

(23) in Rule 123 Paragraph (4) shall be deleted;

(24) in Rule 126 after the words "having a similar" there shall be inserted "or additional";

(25) for Rule 128 the following shall be substituted:

"128.—(1) Exterior boundaries of superstructures and deckhouses enclosing accommodation, including any overhanging decks which support such accommodation, shall be insulated to 'A-60' standard for the whole of the portions which face the cargo area and on the side portions for a distance of not less than 3 metres from the portions which face the cargo area.

(2) Entrances, air inlets and openings to accommodation spaces, service spaces and control stations shall not face the cargo area. They shall be located on the transverse bulkhead not facing the cargo area or on the outboard side of the superstructure or deckhouse at a distance of at least 4 per cent. of the length of the ship but not less than 3 metres from the end of the superstructure or deckhouse facing the cargo area; provided that such distance need not exceed 5 metres.

(3) No doors shall be fitted within the limits specified in paragraph (2) except that the Minister may permit doors to a space within those limits if:

( a ) that space is a cargo control station, provisions room or store room, and

( b ) that space does not have access to any accommodation space, service space or control station.

Where such doors are fitted to a space located aft of the cargo area, the boundaries of the space shall be insulated to 'A-60' standard, with the exception of the boundary facing the cargo area. Bolted plates for removal of machinery may be fitted within the limits specified in paragraph (2). Wheelhouse doors and wheelhouse windows may be located within the limits specified in paragraph (2) so long as they are designed to ensure that the wheelhouse can be made rapidly and efficiently gas and vapour tight.

(4) Windows and sidecuttles facing the cargo area and on the sides of the superstructures and deckhouses within the limits specified in paragraph (2) shall be of the fixed (non-opening) type. Such windows and sidecuttles in the first tier on the main deck shall be fitted with inside covers of steel or other equivalent material.";

(26) in Rule 131(2)(g)(i) "see" shall be deleted before the words "Rule 132";

(27) in Rule 139 the words "except that such smoke detection need not be installed until 1st September 1985." shall be deleted.

(28) in the Tenth Schedule paragraph 1 (1) for "115 and 131" there shall be substituted "116 and 132";

(29) in the Eleventh Schedule paragraph (1)(k) after "Flame" in the third sentence, there shall be inserted "detectors" ;

(30) in the Fourteenth Schedule

( a ) in paragraph (10)(f) for "dry" there shall be substituted "drain";

( b ) in paragraph (13)(d)(ii) after "cargo main" there shall be inserted "and which is on the cargo main side;"

( c ) in paragraph (19)(a)(iv) there shall be inserted after "failure of" the words "any of";

( d ) in paragraph (19)(a)(v) after "per cent." there shall be inserted "by"; and

( e ) in paragraph (19)(b) before "(19)(a)(v)" there shall be inserted "and", and after it there shall be substituted "to" for "and".

GIVEN under my Official Seal this 10th day of April, 1990.

JOHN P. WILSON,

Minister for the Marine.

EXPLANATORY NOTE.

These Rules amend the Merchant Shipping (Fire Protection) Rules, 1985 ( S.I. No. 279 of 1985 ) to give effect to the Second (1983) Amendments to the International Convention for the Safety of Life at Sea, 1974 (SOLAS) insofar as they relate to Chapter 11-2. The Amendments were adopted on 17th June, 1983 by the International Maritime Organisation (IMO) and came into force internationally on 1st July, 1986.

The principal changes are as follows:

( a ) a requirement for tankers carrying chemical cargoes which create additional fire hazards;

(i) to provide appropriate means of fire extinguishing; and

(ii) to comply with the same structural fire requirements as those carrying cargoes with low flash-points;

( b ) an additional requirement for smoke detection for passenger ships built after 1st July, 1986.

In addition some requirements of the 1985 Rules have been clarified.