S.I. No. 371/1988:

MERCHANT SHIPPING (CLOSING OF OPENINGS IN HULLS AND IN WATERTIGHT BULKHEADS) RULES, 1988.

MERCHANT SHIPPING (CLOSING OF OPENINGS IN HULLS AND IN WATERTIGHT BULKHEADS) RULES, 1988.

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me by section 33 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952) and the Communications (Transfer of Departmental Administration and Ministerial Functions), Order, 1987 ( S.I. No. 91 of 1987 ) hereby make the following Rules:--

1. (1) These Rules may be cited as the Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads)Rules, 1988.

(2) ( a ) Subject to subparagraph (b) of this paragraph, these Rules shall come into operation on the 1st day of January, 1989.

( b ) Rule 6 (1) (a) (ii) of these Rules shall come into operation on the 1st day of March, 1989.

2. (1) In these Rules--

"locked" means secured by a device which prevents unauthorised operation;

"margin line" has the same meaning as in the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985 ( S.I. No. 274 of 1985 );

"Marine Notice" means a notice described as such and issued by the Minister;

"the Minister" means the Minister for the Marine;

"passenger ship" means a ship for the carriage of more than 12 passengers and propelled by electricity or other mechanical power;

"required to be watertight" means required by the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985 ( S.I. No. 274 of 1985 ) to be watertight;

"restricted visibility" means any condition in which visibility is restricted by fog, mist, snow, rainstorms, sandstorms or any other similar causes.

(2) For the purpose of these Rules a voyage commences when a ship leaves its berth or anchorage at a port.

(3) A reference to a Marine Notice includes a reference to any subsequent Marine Notice amending or replacing the Marine Notice.

(4) For the purpose of these Rules a closing appliance shall be deemed to be below the margin line if the sill of the opening with which it is associated is below that line.

(5) A reference in these Rules to a numbered Rule is a reference to a Rule of that number in these Rules.

3. These Rules apply to passenger ships registered in the State.

4. The Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Rules, 1983 ( S.I. No. 315 of 1983 ) are hereby revoked.

5. (1) The following closing appliances shall be securely closed before a passenger ship proceeds on any voyage and shall be kept so closed until the ship has been secured at a berth or anchorage:

( a ) watertight doors below the margin line fitted in bulkheads which are required to be watertight and which separate cargo spaces,

( b ) sidescuttles which can be opened and which are situated below the margin line,

( c ) deadlights of any sidescuttles which are situated below the margin line and which,

(i) will not be accessible whilst the ship is at sea, or

(ii) are situated in spaces appropriated for use sometimes for the carriage of cargo and sometimes for use by passengers, while such spaces are being used for the carriage of cargo, and

( d ) gangway and cargo loading doors below the margin line.

(2) A closing appliance described in paragraph (1) of this Rule shall not be considered as being securely closed unless it is locked.

6. (1) Watertight doors below the margin line fitted in bulkheads which are required to be watertight, other than those doors described in Rule 5 shall be kept closed whilst the ship is on any voyage except--

( a ) when opened in accordance with the procedures laid down in written operational instructions which are--

(i) based upon the advice contained in a Marine Notice, or

(ii) approved of by the Minister,

( b ) when opened for the purposes of drill required by Rule 9, or

( c ) when any such door is opened on the express authority of the master for a specific purpose and for no longer than a specific period of time:

Provided that all other watertight doors below the margin line except those opened in accordance with the provisions of subparagraph (a) of this paragraph are closed during that period.

(2) The operational instructions referred to in paragraph (1) (a) of this Rule shall be kept on board the ship at all times in the custody of the master.

(3) Notwithstanding paragraph (1) of this Rule, every watertight door of the type described in that paragraph shall, except where there is an immediate need to pass through, be kept closed whilst the ship is on a voyage in any conditions which the master considers potentially hazardous and, if any such door is opened in such circumstances, then, it shall be closed immediately after passage through it has been effected.

(4) Any watertight door which may be opened in accordance with paragraph (1) or (3) of this Rule shall be kept clear of obstructions which might prevent its rapid closure.

(5) Notwithstanding the requirements of this Rule or Rule 5 of these Rules, in an emergency the master may authorise the opening or closing of any watertight door:

Provided that he is satisfied that such action is essential for the overall safety of the ship.

7. Every portable plate closing an opening below the margin line in any portion of the internal structure of a passenger ship which is required to be watertight shall be fitted in place before the ship proceeds on any voyage and shall be kept in place, except in case of urgent necessity, until the ship has been secured at a berth or anchorage. In replacing any such plate all reasonable precautions shall be taken to ensure that the joints are watertight.

8. Both the watertight cover and the automatic non-return valve of any ash-shoot, rubbish-shoot or other similar device on a passenger ship having its inboard opening below the margin line shall be kept closed and secured when the device is not in use.

9. (1) Deadlights which are accessible, watertight doors to which Rule 6 applies, valves and closing mechanisms of scuppers and the devices to which Rule 5 applies shall be opened and closed for purposes of drill--

(a) at intervals of not more than 7 days except so far as is necessary to avoid drills being conducted in conditions described in Rule 6 (3), and

(b) immediately before the ship proceeds to sea if the ship is intended to remain at sea for a period of more than 7 days.

(2) All watertight doors fitted in bulkheads required to be watertight which may be opened for the working of the ship in accordance with the requirements of Rule 6 shall be opened and closed for the purposes of drill once in every period of 24 hours.

(3) All closing appliances and devices referred to in Rules 5 and 8 shall be inspected by a person appointed by the master for that purpose--

(a) before the ship proceeds on any voyage, and

(b) at intervals of not more than 7 days if the ship is intended to remain at sea for a period of more than 7 days except when they are not accessible.

10. (1) The following closing appliances and mechanisms shall be inspected at intervals of not more than 7 days by a person appointed for that purpose either generally or on any particular occasion by the master--

(a) watertight doors other than those of the type described in Rule 5 (1);

(b) mechanisms, indicators and warning devices connected with such doors;

(c) valves the closing of which is necessary to make watertight any compartment below the margin line; and

(d) valves the operation of which is necessary for the efficient operation of damage- control cross connections.

(2) Suitable notices and signs shall be provided on, or in the vicinity of, the closing appliances referred to in paragraph (1) of this Rule to indicate the procedures for operating the appliances, the purpose of the controls and any precautions to be observed.

11. All members of the crew of a passenger ship who would have occasion to use any watertight doors shall be instructed in their safe operation. In addition, written instructions on the safe operations of the doors, expressed in easily understood terms and illustrated, wherever possible, shall be available to all members of the crew. Such instructions shall be based upon the operational instructions referred to in Rule 6 (1) (a).

12. Entries shall be made in the official log book of a passenger ship recording the following:

(a) the times of the last closing, before the ship proceeds on a voyage, of the watertight doors and other closing appliances referred to in Rule 5 and of the next opening of such doors and closing appliances,

(b) the times of the opening and closing of any watertight door pursuant to Rule 6 (1) (c),

(c) the times when the portable plates referred to in Rule 7 are fitted in place and the times of any removal and replacement of such plates whilst the ship is on a voyage, and

(d) the occasions on which drills are held and inspections made in compliance with these Rules and whether or not the closing appliances and devices to which any such drill or inspection relates are in good working order when the drill or inspection takes place.

13. It shall be a defence to a charge of an offence under these Rules for the person charged to show that he took all reasonable steps to avoid the commission of the offence.

GIVEN under my Official Seal this 21st day of December, 1988.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

These Rules supersede the Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Rules 1983. They apply to passenger ships registered in the State and include such requirements as appear necessary to the Minister to implement the provisions contained in regulation 15 (which relates to openings in watertight bulkheads) of Chapter II-I of the International Convention for the Safety of Life at Sea 1975 as amended, and impose additional, more precise requirements for the control of watertight doors and other closing appliances and devices, for their inspection, for practice drills and for relevant entries in the official log book. The Rule also require provision of operational instructions for watertight doors.