S.I. No. 79/1992:

SHANNON NAVIGATION (CONSTRUCTION OF VESSELS) BYE-LAWS, 1992.

SHANNON NAVIGATION (CONSTRUCTION OF VESSELS) BYE-LAWS, 1992.

ARRANGEMENT OF BYE-LAWS

1. Citation and Commencement.

2. Definitions.

3. Powers of authorised officers.

4. Liability of owner for contravention of Bye-laws by vessels or boats.

5. Vessels used for hire or carriage for reward.

6. Reversing.

7. Anchors, mooring lines and fenders.

8. Life saving equipment.

9. Inboard engines.

10 Outboard engines.

11 Fire extinguishers.

12. Liquid petroleum gas.

13. Cooking and heating appliances.

S.I. No. 79 of 1992.

SHANNON NAVIGATION(CONSTRUCTION OF VESSELS) BYE-LAWS, 1992.

The Commissioners of Public Works in Ireland, in exercise of the powers conferred on them by section 3 of the Shannon Navigation Act, 1990 (No. 20 of 1990), hereby make the following Bye-laws:

1. (1) These Bye-laws may be cited as the Shannon Navigation (Construction of Vessels) Bye-laws, 1992.

(2) These Bye-laws shall come into operation on the 28th day of April, 1992.

2. (1) In these Bye-laws--

"authorised officer" means an officer of the Commissioners authorised in writing by the Commissioners to exercise the powers conferred on an authorised officer by these Bye-laws;

"boat" means an open or undecked punt, canoe, skiff, scull, row boat or other such boat designed to be propelled by oars or sail and not propelled by an engine of more than 15 horsepower;

"the Commissioners" means the Commissioners of Public Works in Ireland;

"passenger boat" means a boat used for the purpose of carrying passengers for reward;

"vessel" means a ship or craft of any description but does not include a boat.

(2) References in these Bye-laws to vessels or boats are, except where the context otherwise requires, references to vessels or boats in the Shannon navigation.

3. (1) when performing any of his functions under these bye-laws, an authorised officer shall, if so requested by any person affected, produce his authorisation for inspection by that person.

(2) An authorised officer may--

( a ) for the purposes of these Bye-laws, board and inspect a vessel or boat and may, for the purpose of boarding it, stop a vessel or boat that is under way, and

( b ) request a person in a vessel or boat to give to him such information within the knowledge of the person as the officer may reasonably require for the purposes of his functions under these Bye-laws.

(3) A person to whom a request or direction is made or given under paragraph (2) of this Bye-law shall comply with the request as soon as may be.

(4) A person shall not in pursuance of a request or direction under paragraph (2) of this Bye-law give to an authorised officer information that is to the knowledge of the person false or misleading or a false name or address.

(5) A person shall not obstruct or hinder or otherwise interfere with an authorised officer in the performance of his functions under these Bye-laws.

4. Where in relation to a vessel or boat there is a contravention of a provision of these Bye-laws, the owner of the vessel or boat shall be deemed, for the purpose of section 3 (5) of the Shannon Navigation Act, 1990 (No. 20 of 1990), to have contravened the provision.

5. The hull of a vessel used for the purposes of hire or the carriage of passengers for reward shall be of sound construction.

6. A mechanically propelled vessel shall be fitted with an efficient means of reversing.

7. (1) A vessel shall be equipped with bow and stern mooring lines appropriate to its tonnage and length and of sufficient length and tensile strength to moor it safely. The minimum length of such lines shall be 12 metres and their minimum diameter shall be 12 millimetres if they are made of nylon and 16 millimetres if they are made of polypropylene. A vessel shall carry at least one efficient anchor and chain (or cable or hawser) appropriate to the tonnage of the vessel. Anchors with their chains, cables or hawsers shall be stowed in such positions and shall have such other equipment as to enable them to be dropped or weighed quickly.

(2) A vessel shall be equipped with such number of fenders of such design and material as to prevent damage to other vessels or boats or to property of the Commissioners.

8. (1) A boat shall carry a personal flotation device for each person on board and a vessel or passenger boat shall carry a personal flotation device for each person on board and one life belt.

(2) A vessesl with a freeboard of more than 50 centimetres shall carry a boarding ladder or steps.

(3) ( a ) A vessel shall carry either

(i) a flag of the description specified in subparagraph (b) of this paragraph which shall be flown from a pole or mast or other suitable, elevated part of the vessel if and when the vessel is in distress or

(ii) 6 pyrotechnic distress signals and 2 buoyant smoke signals, the signal being of a type approved by the Commissioners and being stowed securely on board in a watertight container clearly labelled to indicate its contents and the effective life of the signals.

( b ) The flag referred to in subparagraph (a) of this paragraph is a flag that--

(i) is at least 1,000 millimetres in width and 500 millimetres in height,

(ii) is bordered at each end by a white sleeve that is 45 millimetres in width and to the outside corners of which are attached tie cords, and

(iii) consists of a white ground with a red diagonal cross of two stripes, each of which is 75 millimetres in width and extends from diagonally opposite corners of the flag (excluding the sleeves).

9. (1) This Bye-law applies to vessels and boats fitted with inboard engines and in this Bye-law "vessel" and "boat" shall be construed accordingly.

(2) ( a ) The fuel tanks of a vessel or boat shall be fitted with a filling pipe made of metal or flexible hose of non-perishable and non-kinking material and having a bore of not less than 36 millimetres connected by means of leakproof joints with the tank and closed (where practicable) by means of a screw cap or plate on the deck of the vessel or boat.

( b ) If the fuel tank of a vessel or boat has a capacity of more than 4.5 litres or has a filling pipe that is not straight, a vent pipe with a bore of not less than 6 millimetres shall be fitted to the tank and shall be extended to the air outside the vessel or boat.

(3) The fuel tank of a vessel or boat--

( a ) shall be made of a suitable non-corrosive material other than glass fibre and uncoated steel: Provided however that diesel tanks may be made of glass fibre made from self-quenching resins or of uncoated steel,

( b ) shall be drained only by means of a screw plug, and

( c ) shall be readily accessible for inspection,

and all the connections to the fuel tank shall be readily accessible for inspection.

(4) In a vessel or boat--

( a ) fuel feed lines shall consist of pipes of softened copper, stainless steel, aluminium alloy or, in the case of diesel lines, mild steel of suitable size, fixed clear of exhaust systems and heating apparatus and supported to minimise vibration; flexible tubing shall be used only in the engine compartment, and

( b ) a shut-off cock shall be fitted in the fuel feed line as near as possible to the tank in a position where it is visible and can be easily operated.

(5) In a vessel or boat--

( a ) exhaust noise shall be effectively suppressed, and

( b ) the cylinders and exhaust pipe of the engine shall be effectively cooled and, if the engine is air cooled or water is not passed through the exhaust pipe, the exhaust pipe shall be effectively lagged.

(6) A battery in a vessel or boat shall be installed--

( a ) in a ventilated compartment in such manner as to prevent accidental movement or damage to the battery and to be ventilated to the atmosphere,

( b ) as far away as is practicable from any fuel cock, fuel tank or fuel filter.

(7) Electric leads in a vessel or boat shall be properly supported and insulated and installed clear of any fuel, gas or exhaust pipe.

(8) ( a ) Subject to subparagraph (b) of this paragraph--

(i) an oil tight tray made of metal or of another suitable material shall be fitted under the engine, gearbox and propeller shaft of a vessel or boat, or

(ii) if compliance with clause (i) of this subparagraph is not practicable, other steps shall be taken, so as to prevent oil from the engine escaping into any other part of the vessel or boat.

( b ) Subparagraph (a) of this paragraph does not apply in relation to a vessel or boat whose hull is made of metal or glass fibre and which is fitted with oil tight bulkheads or frames fore and aft of the engine.

10. (1) This Bye-law applies to vessels and boats fitted with outboard or inboard/outboard engines and in this Bye-law "vessel" and "boat" shall be construed accordingly.

(2) The fuel tank of a vessel or boat shall comply with paragraph (3) of Bye-law 9 of these Bye-laws.

(3) If the fuel tank of a vessel or boat is separated from the engine and is connected to it by flexible piping, modifications shall not be made to the tank or piping unless they accord with the recommendations of the supplier or manufacturer and the tank shall be filled only when it has been removed from the vessel or boat.

(4) If fuel is supplied to the engine of a vessel or boat by means of a gravity feed system, a cock shall be fitted between the feed pipe and the fuel tank.

(5) Exhaust noise of the engine of a vessel or boat shall be effectively silenced.

(6) Electric leads of the engine of a vessel or boat shall be insulated and maintained in good condition.

11. (1) a Vessel shall have on board--

( a ) if it is not more than 5 metres in length, at least one fire extinguisher,

( b ) if it is more than 5 metres, but not more than 10 metres, in length and is not equipped with cooking facilities, at least one fire extinguisher, or

( c ) if it is more than 5 metres, but not more than 10 metres in length and is equipped with cooking facilities, at least 2 fire extinguishers,

( d ) if it is more than 10 metres in length and is not equipped with cooking facilities, at least 2 fire extinguishers,

( e ) if it is more than 10 metres in length and is equipped with cooking facilities, at least 3 fire extinguishers.

(2) Fire extinguishers carried on a vessel in compliance with this Bye-law shall--

( a ) be in working order, and

( b ) be located in accessible positions on the vessel as near as practicable to points on the vessel where the potential for fire is greatest.

(3) In this Bye-law "fire extinguisher" means--

( a ) a dry powder fire extinguisher of 1 kilogramme capacity,

( b ) a carbon dioxide fire extinguisher of 2 kilogrammes capacity,

( c ) a foam fire extinguisher of 9 litres capacity,

( d ) an automatic engine-room fire-extinguishing system, or

( e ) a fire blanket for a cooking area.

12. (1) ( a ) Any liquid petroleum gas installations carried on a vessel or boat shall comply with Part 3 (Installations in boats, yachts and other vessels) of British Standard 5482: 1979 Code of Practice for domestic butane and propane gas burning installations.

( b ) In any proceedings, production of a copy of the said British Standard purporting to be published by the British Standards Institution shall be prima facie evidence of that British Standard.

(2) A container for liquid petroleum gas in a vessesl or boat shall--

( a ) be installed in an upright position, with the valve uppermost, away from any cooking or heating appliance, and

( b ) (i) be secured on deck away from hatches and other openings so that any gas that escapes is dispersed in the air outside the vessel and does not enter the vessel, or

(ii) be placed in a ventilated housing used only for that purpose situated above the waterline deep enough to cover the cylinder valve and regulator and fitted at the bottom of the housing with a vent pipe through which any gas that escapes from the container is dispersed in the air outside the vessel.

13. (1) Domestic cooking or heating appliances in a vessel shall not be placed or used close to fuel containers or engines. Woodwork and other combustible materials adjacent to such an appliance shall be suitably insulated or treated with incombustible materials against excess heat and the flues of such appliances shall be effectively insulated where necessary.

(2) A compartment on a vessel containing cooking or heating appliances shall be permanently ventilated by a vent or pipe leading directly to the air outside the vessel.

(3) Fires, cookers and other such appliances with naked lights or flames on a vessel shall be turned off or extinguished while the vessel is being fuelled.

(4) Pilot lights and burners on gas or paraffin refrigerators installed in petrol engined vessels shall be completely enclosed and air for combustion shall be piped to the appliance from--

( a ) outside the vessel, or

( b ) from a point inside the vessel above the level of ports, windows or other means of ventilation in the compartment in which the appliance is installed.

(5) Water heaters on a vessel shall be installed as close to the deckhead as practicable but adequate ventilation shall be allowed for their flue outlets.

GIVEN under the Official Seal of the Commissioners of Public Works

in Ireland, this 10th day of April, 1992.

PIERCE KENNY.

EXPLANATORY NOTE.

Section 3 of the Shannon Navigation Act, 1990 empowers the Commissioners of Public Works to make bye-laws for the care, conservation, management, control and maintenance and the regulation of the use of the Shannon Navigation and in relation to the restoration, repair, improvement, extension and development thereof. The Shannon Navigation (Construction of Vessels) Bye-Laws, 1992 contain the detailed provisions prescribed by the Commissioners in relation to the construction of vessels using the navigation.