The Merchant Shipping (Fire Protection: Small Ships) Regulations 1998

• (7) In the machinery space in every ship which is decked in way of machinery space, there shall be provided from each engine room, shaft tunnel and boiler room two means of escape as widely separated as practicable. The two means of escape shall consist of two sets of steel ladders leading to separate doors in the casing or elsewhere from which there is access to the lifeboat or liferaft embarkation deck or decks. In any such ship the Secretary of State may permit one of the means of escape required by this paragraph to be dispensed with having regard to the nature and location of the space and whether persons are normally employed in that space.

Requirements for ships constructed on or after 25th May 19808In every ship one of the means of escape from the machinery spaces where the crew is normally employed shall avoid access to any special category spaces or ro-ro cargo spaces.

PART VII— — SPECIAL REQUIREMENTS FOR SHIPS CARRYING DANGEROUS GOODS

Requirements for ships constructed on or after 1st February 1992 Application and special requirements

45

• (1) Subject to paragraphs (2) and (2A), every passenger ship and every cargo ship which is intended, or which contains cargo spaces which are intended, for the carriage of dangerous goods, must comply with the protective requirements prescribed in Merchant Shipping Notice 1669 (M) (Amendment 1).

• (2) For a cargo ship of less than 500 tons, the Secretary of State may (if the ship is a United Kingdom ship) reduce the said protective requirements; and, if–

• (a) a cargo ship of less than 500 tons being a United Kingdom ship, the Secretary of State has reduced the said protective requirements; or

• (b) a cargo ship of less than 500 tons not being a United Kingdom ship, the Government of the State whose flag the ship is entitled to fly has reduced the said protective requirements pursuant to paragraph 2.1 of regulation 19 of Chapter II-2 of the International Convention for the Safety of Life at Sea 1974;

the ship may comply with the reduced requirements instead of the full protective requirements.

• (2A) A cargo ship of less than 500 tons engaged on international voyages constructed on or after 1st February 1992 and before 1st July 2002, must comply with paragraph 3 of regulation 19 of Chapter II-2 of the International Convention for the Safety of Life at Sea 1974, except that such a ship constructed before 1st July 1998 is not required to comply with paragraphs 3.10.1 and 3.10.2 of that regulation.

• (3) This regulation shall not apply to ships or spaces intended for the carriage of dangerous goods in limited quantities as referred to in section 18 of the general introduction to the International Maritime Dangerous Goods Code.

• (4) Nothing in this regulation shall be taken to require duplication of anything already provided in a ship in compliance with other requirements of these Regulations.

• (5) In this regulation, any reference to Chapter II-2 of the International Convention for the Safety of Life at Sea 1974 (“the Convention”) is to be construed—

• (a) as a reference to Chapter II-2 of the Convention as modified from time to time; and

• (b) as, if Chapter II-2 of the Convention is replaced, a reference to the replacement.

• (6) For the purposes of paragraph (5), Chapter II-2 of the Convention is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the Convention.

• (7) A modification or replacement of Chapter II-2 of the Convention has effect at the time such modification or replacement comes into force in accordance with Article VIII of the Convention.

PART VIII— — EQUIVALENTS, EXEMPTIONS, PENALTIES AND DETENTION

Alternative construction and equivalents

46

• (1) Where these Regulations require that the ship shall be constructed in a particular manner or that a particular fitting, material, appliance or apparatus or type thereof shall be fitted or carried in a ship, or that any particular provision shall be made, the Secretary of State shall permit the ship to be constructed in any other manner or shall approve any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made in that ship, if he is satisfied by trial thereof or otherwise that such other construction, fitting, material, appliance or apparatus, or type thereof, or provision is at least as effective as that required by these Regulations.

• (2) For the purposes of these Regulations, the results of a verification or test shall be accepted if the verification or test is carried out–

• (a) in accordance with these Regulations or with a standard, code of practice, specification or technical description of an EEA State ... offering equivalent levels of safety, suitability and fitness for purpose; and

• (b) by a body or laboratory of an EEA State ... offering suitable and satisfactory guarantees of technical and professional competence and independence.

Exemptions

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The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

Penalties

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• (1) If a ship to which these Regulations apply proceeds or attempts to proceed to sea or on a voyage or excursion without complying with the requirements of these Regulations, the owner and master of the ship shall each be guilty of an offence in respect of each case of non-compliance and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment, to imprisonment for a term not exceeding two years and a fine.

• (2) It shall be a defence to a charge under this regulation to prove that the person charged took all reasonable steps to avoid committing the offence.

Powers to detain

49

In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words |doquote|this Act|dcquote| wherever they appear, there were substituted “the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998.”

Signed

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Glenda Jackson — Parliamentary Under-Secretary of State, — Department of the Environment, Transport and the Regions — 7th April 1998

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate requirements in respect of ships of Class II(A) of less than 21.34 metres, Classes III to VI(A), and Classes VII to IX, XI and XII of under 500 tons which were contained in the Merchant Shipping (Fire Appliances) Regulations 1980 (S.I.1980/544) as amended, the Merchant Shipping (Passenger Ship Construction) Regulations 1980 (S.I.1980/535) as amended, the Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1981 (S.I.1981/572) as amended, the Merchant Shipping (Fire Protection) Regulations 1984 (S.I.1984/1218) as amended and the Merchant Shipping (Fire Protection) (Ships built before 25th May 1980) Regulations 1985 (S.I.1985/1218) as amended.

The Regulations implement (in part) the Safety of Life at Sea Convention 1974 (SOLAS), as modified by its Protocol of 1978 and amended by amendments adopted in 1981, 1983, 1988, 1989, 1991, 1993 and 1994.

Merchant Shipping Notices referred to in these Regulations are obtainable from distribution agents Eros Marketing Support Services Ltd, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN (Telephone Number: 0181 957 5028).

Copies of the British Standard specifications and International Standards referred to in these Regulations may be obtained from any of the sale outlets operated by the British Standards Institution, or by post from the British Standards Institution at Linford Wood, Milton Keynes, MK14 6LE (Telephone Number 01908 320066).

SOLAS, its Protocol, amendments to SOLASIMO Publications and Resolutions are obtainable from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.

Footnotes

Editorial notes

Fire detection

5A

• (1) Subject to regulation 1(9) (application), this regulation applies to every ship in Classes III, IV, V, VI and VI(A).

• (2) Any unmanned machinery space which is located underdeck, or which is not situated at the control position, shall be fitted with a fixed fully addressable fire detection system comprising smoke or heat detectors which will, when activated, give an audible and visual alarm at the control position.

• (3) Any passenger sleeping accommodation shall be fitted with a fixed fully addressable fire detection system comprising smoke or heat detectors which will, when activated, give an audible and visual alarm at the control position, installed and arranged to detect the presence of fire in that space and in the corridors, stairways and escape routes associated with such space.

• (4) The fire detection systems required by paragraphs (2) and (3) shall be subject to the approval of the Secretary of State.

• (5) For the purposes of paragraph (2), “control position” means the area from which the command and navigation of the ship is carried out.

• (6) For the purposes of paragraph (3), “fully addressable fire detection system” means a system with the capability to identify the exact location of the fire and the type of the detector.

Machinery spaces other than Category A

8A

• (1) Subject to regulation 1(9) (application) and paragraph (2), in every passenger ship to which regulation 8 does not apply there shall be provided for the protection of any machinery space at least one of the following fixed fire-extinguishing systems—

• (a) a fixed pressure water-spraying system;

• (b) a fixed gas fire-extinguishing system;

• (c) a high expansion foam system;

• (d) for ships built before 25th May 1980, a foam fire-extinguishing system; or

• (e) any other type of fixed fire-extinguishing system approved by the Secretary of State.

• (2) In a ship of less than 24 metres in length where machinery spaces consist of machinery covered by a boxed housing, the requirement in paragraph (1) may be satisfied by the provision of a fixed fire-extinguishing system that may comprise an approved portable extinguisher (of a suitable size and type for the space being protected) permanently attached to that housing and available to discharge into that space.

• (3) Where paragraph (2) applies, the arrangement for fire-extinguishing shall be subject to the approval of the Secretary of State.