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

Citation, commencement, interpretation, application, exemption and revocation

Citation and commencement

1.—(1) These Regulations may be cited as the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 and shall come into force on 11th May 1998.

Interpretation

(2) In these Regulations the following expressions have the following meanings respectively, unless the context otherwise requires—

• “‘A’ Class division” means a bulkhead or part of a deck which is—

  (a)

  constructed of steel or other equivalent material;

  (b)

  suitably stiffened;

  (c)

  so constructed as to be capable of preventing the passage of smoke and flame to the end of the 60 minute standard fire test; and

  (d)

  so insulated where necessary with suitable non-combustible materials that if the division is exposed to a standard fire test the average temperature on the unexposed side of the division shall not increase more than 139°C above the initial temperature nor shall the temperature at any one point, including any joint, rise more than 180°C above the initial temperature within the time listed below—

  • “A-60” standard, 60 minutes;

  • “A-30” standard, 30 minutes;

  • “A-15” standard, 15 minutes;

  • “A-0” standard, 0 minutes;

• “accommodation spaces” means—

  (a)

  public spaces;

  (b)

  corridors and lobbies;

  (c)

  stairways;

  (d)

  lavatories;

  (e)

  cabins;

  (f)

  offices;

  (g)

  hospitals;

  (h)

  hairdressing salons;

  (i)

  pantries not containing cooking appliances;

  (j)

  lockers;

  (k)

  games and hobbies' rooms; and

  (l)

  spaces similar to any of the foregoing and trunks to such spaces allocated to passengers or crew;

• “approved” means approved by the Secretary of State or, in relation to any equipment or arrangement mentioned in Merchant Shipping Notice MSN 1645 by any persons specified in that Notice in relation to such equipment or arrangement;

• “‘B’ Class division” means a bulkhead, part of a deck, ceiling or lining which is—

  (a)

  so constructed as to be capable of preventing the passage of flame to the end of the first 30 minutes of the standard fire test;

  (b)

  so constructed as to provide an insulation standard such that, if the division is exposed to a standard fire test, the average temperature on the unexposed side of the division shall not increase more than 139°C above the initial temperature, nor shall the temperature at any one point, including any joint, rise more than 225°C above the initial temperature within the time listed below—

  • “B-15” standard, 15 minutes;

  • “B-0” standard, 0 minutes; and

  (c)

  constructed of suitable non-combustible materials and all materials whose use is necessary for or ancillary to its construction and erection shall be non-combustible, with the exception that combustible veneers may be permitted provided that they meet the requirements of regulations 62, 80, or 97;

• “bulkhead deck” means the uppermost deck up to which transverse watertight bulkheads are carried;

• “‘C’ Class division” means a bulkhead, ceiling or lining which is constructed of suitable non-combustible materials not being an ‘A’ Class division or a ‘B’ Class division;

• “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;

• “cargo ship” means any ship which is not a passenger ship;

• “cargo control station” means a space from which the loading, discharging or transferring of any cargo may be controlled;

• “cargo pump room” means a room in which any pumps used for loading, discharging or transferring cargoes are located;

• “cargo spaces” are all spaces used for cargo including cargo oil tanks, slop tanks and trunks to such spaces;

• “Category A tanker” and “Category A combination carrier” means a tanker, or as the case may be, a combination carrier constructed or adapted to carry crude oil and petroleum products having a closed flashpoint not exceeding 60°C the Reid vapour pressure of which is below that of atmospheric pressure, and liquids having a similar fire hazard and the keel of which—

  (a)

  was laid, or which was at a similar stage of construction, on or after 1st February 1975; or

  (b)

  was laid, or was at a similar stage of contruction, before 1st February 1975 but was completed after 31st December 1978;

• “central control station” means a control station in which the following control and indicator functions are centralised—

  (a)

  fixed fire detection and alarm system;

  (b)

  automatic sprinklers, fire detection and alarm system;

  (c)

  fire door indicator panel;

  (d)

  fire door closure;

  (e)

  watertight door indicator panel;

  (f)

  watertight door closure;

  (g)

  ventilation fans;

  (h)

  general/fire alarm;

  (i)

  communication systems including telephones; and

  (j)

  microphone to public address system;

• “chemical tanker” means a tanker constructed or adapted and used for the carriage in bulk of any liquid product of a flammable nature listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

• “closed ro-ro cargo space” means a ro-ro cargo space which is not an open ro-ro space and not a weather deck;

• “Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk” means the 1993 edition of the Code so entitled, published by the International Maritime Organization;

• “Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk” means the 1983 edition of the Code so entitled, published by the International Maritime Organization;

• “Code of Safe Practice for Solid Bulk Cargoes” means the 1991 edition of the Code so entitled, published by the International Maritime Organization;

• “combination carrier” means a tanker designed to carry oil or alternatively solid cargoes in bulk;

• “continuous ‘C’ Class ceiling or lining” means a ‘C’ Class division forming a ceiling or lining which terminates only at an ‘A’ or ‘B’ Class division;

• “continuously manned central control station” means a central control station which is continuously manned by a responsible member of the crew;

• “control room” means a room either within or outside a propulsion machinery space from which propulsion machinery and boilers may be controlled;

• “control stations” means spaces in which radio or main navigating equipment, or the emergency source of power, or the central fire recording equipment, or fire control equipment, or fire-extinguishing installations are located or a control room located outside a propulsion machinery space;

• “crude oil” means any oil occurring naturally in the earth whether or not treated to render it suitable for transportation and includes—

  (a)

  crude oil from which certain distillate fractions may have been removed; and

  (b)

  crude oil to which certain distillate fractions may have been added;

• “dangerous goods” means dangerous goods defined as such in the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997(1); and any reference to a particular class of dangerous goods is a reference to that class of dangerous goods as defined in those Regulations;

• “deadweight” means the difference in tonnes between the displacement of a ship in water of a specific gravity of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(2) as adjusted by the Protocol signed at Brussels on 17th May 1993(3):

• “EEA State” means a State which is a Contracting Party to the EEA Agreement;

• “equivalent material” as used in the expression “steel or other equivalent material” means any non-combustible material which, by itself or due to insulation provided, has structural and integrity properties equivalent to steel at the end of an appropriate fire test;

• “gas carrier” means a tanker constructed or adapted and used for the carriage in bulk of any liquefied gas or certain other substances of a flammable nature listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

• “gas safe space” is a space into which the entry of hydrocarbon gases or other gases of a flammable or toxic nature has been restricted;

• “Guidelines for Inert Gas Systems” means the 1994 edition of the publication “Inert Gas Systems” published by the International Maritime Organization;

• “IMO Resolution” means a Resolution of that description issued by the International Maritime Organization;

• “International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk” means the 1994 edition of the Code so entitled published by the International Maritime Organization; “International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk” means the 1983 edition of the Code so entitled, published by the International Maritime Organization;

• “International Maritime Dangerous Goods Code” means the 1994 consolidated edition of the Code of that name published by the International Maritime Organization as amended by Amendment No. 28-96;

• “length” in relation to a registered ship means registered length, and in relation to an unregistered ship means the length from the fore part of the stem to the aft side of the head of the stern post or, if no stern post is fitted to take the rudder, to the fore side of the rudder stock at the point where the rudder passes out of the hull;

• “lightweight” means the displacement of a ship in tonnes without cargo, oil fuel, lubricating oil, ballast water, fresh water in tanks or stores and passengers and crew and their effects;

• “machinery space” means a space which contains propulsion machinery, boilers, oil fuel units, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilising, ventilation and air conditioning machinery and similar spaces and where the context so admits, any trunk to such a space;

• “machinery spaces of Category A” means a machinery space which contains—

  (a)

  internal combustion type machinery used either for main propulsion purposes, or for other purposes where such machinery has in the aggregate a total power output of not less than 375 kilowatts; or

  (b)

  any oil-fired boiler or oil-fired unit; and any trunk to such a space;

• “main vertical zones” means the main vertical zones into which the hull, superstructure and deck houses of a ship are divided in accordance with regulation 54; except that in the case of ships constructed on or after 1st October 1994, main vertical zones are taken to be those sections into which the hull, superstructure and deck houses are divided by “A” Class divisions, the mean length and width of which on any deck does not in general exceed 40 m;

• “Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an Executive Agency of the Department of the Environment, Transport and the Regions;

• “Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency;

• “MSC Circular” or “MSC Resolution” means a Circular or Resolution of that description issued by the Maritime Safety Committee of the International Maritime Organization;

• “non-combustible material” means material which when heated to a temperature of 750°C neither flames for longer than 10 seconds duration, nor raises either its internal temperature or the temperature of the test furnace more than 50°C above 750°C when tested in accordance with British Standard Specification 476: Part 4: 1970, and the expression “combustible material” shall be construed accordingly;

• “oil-fired boiler” means any boiler wholly or partly fired by liquid fuel;

• “oil-fuel unit” means the equipment used for the preparation of oil fuel for delivery to an oil-fired boiler or equipment used for the preparation for delivery of heated oil to an internal combustion engine, and includes any pressure pumps, filters and heaters dealing with oil at a pressure more than 1.8 kPa;

• “open ro-ro cargo spaces” means ro-ro cargo spaces which are open at both ends, or open at one end and provided with adequate natural ventilation effective over the entire length through permanent openings in the side plating or deck head;

• “open ship” means a ship in which all the passenger accommodation is completely open to the elements and is not fitted with a weathertight or watertight deck or structure above the waterline;

• “passenger ship” means a ship carrying more than 12 passengers;

• “periodical survey” means a periodical survey within the meaning of regulation 4(b) of the Merchant Shipping (Survey and Certification) Regulations 1995(4);

• “pleasure vessel” means—

  (a)

  any vessel which at the time it is being used is—

  (i)

  (a)

  in the case of a vessel wholly owned by an individual or individuals used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

  (b)

  in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons are employees or officers of the body corporate, or their immediate family or friends; and

  (ii)

  on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

  (b)

  any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and

  (c)

  in the case of any vessel referred to in paragraphs (a) or (b) above no other payments are made by or on behalf of users of the vessel, other than by the owner.

• In this definition “immediate family” means in relation to an individual, the husband or wife of the individual, and a relative of the individual or the individual’s husband or wife, and “relative” means brother, sister, ancestor or lineal descendant;

• “public spaces” includes halls, dining rooms, bars, smoke rooms, lounges, recreation rooms, nurseries, libraries, cinemas, sale shops and similar permanently enclosed spaces allocated to passengers or crew;

• “Reid vapour pressure” means the vapour pressure of a liquid as determined by laboratory testing in a standard manner in the Reid apparatus;

• “relevant standard of a member State other than the United Kingdom”, in relation to a reference to an International Standard or a British Standard, means—

  (a)

  a relevant standard or code of practice of a national standards body or equivalent body of a member State other than the United Kingdom; or

  (b)

  a relevant international standard recognised for use in a member State other than the United Kingdom; or

  (c)

  a relevant specification acknowledged for use as a standard by a public authority of a member State other than the United Kingdom;

  being a standard, code of practice or specification which provides, in use, levels of safety, suitability and fitness for purpose equivalent to those provided by the International Standard or the British Standard;

• “rooms containing furniture and furnishings of restricted fire risk” means rooms in which—

  (a)

  all case furniture such as desks, wardrobes, dressing tables, bureaux, and dressers, are constructed entirely of approved non-combustible materials, except that a combustible veneer not exceeding 2 millimetres may be used on the finished surface of such furniture;

  (b)

  all free-standing furniture such as chairs, sofas and tables are constructed with frames of non-combustible materials;

  (c)

  all draperies, curtains and other suspended textile materials have qualities of resistance to the propagation of flame in accordance with the requirement of Type B performance of British Standard 5867: Part 2: 1980;

  (d)

  all surface floor coverings have qualities of resistance to the propagation of flame to the satisfaction of the Secretary of State; and

  (e)

  the upholstered parts of furniture have qualities of resistance to the ignition and propagation of flame to the satisfaction of the Secretary of State;

• “ro-ro cargo spaces” means spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which goods (packaged or in bulk), in or on rail or road cars, vehicles (including road or rail tankers), trailers, containers, pallets, demountable tanks or in or on similar stowage units or other receptacles can be loaded and unloaded normally in a horizontal direction;

• “ro-ro passenger ship” means a passenger ship with ro-ro cargo spaces or special category spaces;

• “sailing ship” means a ship provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion;

• “service spaces” include galleys, pantries containing cooking appliances, laundries, drying rooms, lockers and store rooms, paint rooms, baggage rooms, mail and specie rooms, workshops (other than those forming part of machinery spaces) and similar spaces and trunks to such spaces;

• “similar stage of construction” means the stage at which construction identifiable with a specific ship begins; and assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material, whichever is less;

• “special category space” means any enclosed space above or below the bulkhead deck intended for the carriage of motor vehicles with fuel in their tanks for their own propulsion, into and from which such vehicles can be driven and to which passengers have access;

• “standard fire test” means a test in which a specimen of the relevant “A” Class or “B” Class division, having an exposed surface area of not less than 4.65 square metres and a bulkhead height or deck length of 2.44 metres, resembling as closely as possible the intended construction and included where appropriate at least one joint, is exposed in a test furnace to a series of time-temperature relationships defined by a smooth curve drawn through the following temperature points measured above the initial furnace temperature—

  At the end of the first 5 minutes,	556°C;
  At the end of the first 10 minutes,	659°C;
  At the end of the first 15 minutes,	718°C;
  At the end of the first 30 minutes,	821°C;
  At the end of the first 60 minutes,	925°C;

• “suitable” in relation to material means approved by the Secretary of State as suitable for the purpose for which it is used;

• “surface spread of flame” means the surface spread of flame classified as Class 1 or Class 2 within the meaning of British Standard 476: Part 7: 1971;

• “tanker” means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;

• “tons” means gross tons and a reference to tons—

  (a)

  in relation to a ship having alternative gross tonnages under paragraph 13 of Schedule 5 of the Merchant Shipping (Tonnage) Regulations 1982(5), permitted to be used pursuant to regulation 12(1) of the Merchant Shipping (Tonnage) Regulations 1997(6), is a reference to the larger of those tonnages; and

  (b)

  in relation to a ship having its tonnage determined both under Part II and regulation 12(2) of those 1997 Regulations is a reference to its gross tonnage as determined under regulation 12(2);

• “water seal” means an arrangement or device using water, to prevent the back flow of gases or vapours from cargo tanks into gas safe spaces;

• “weather deck” means a deck completely exposed to the weather from above and at least two sides.

(3) Any reference in these Regulations to—

(a)the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

(b)the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

(c)the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

(d)the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

(e)the International Maritime Dangerous Goods Code;

(f)the Code of Safe Practice for Solid Bulk Cargoes;

(g)the Guidelines for Inert Gas Systems;

(h)a British Standard or an International Standard;

(i)a Merchant Shipping Notice;

(j)any other specified Code or Guidelines; or

(k)an IMO Resolution;

shall include—

(i)a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice; and

(ii)with respect to a reference to an International Standard or a British Standard, a reference to a relevant standard of an EEA State other than the United Kingdom.

(4) In these Regulations—

(a)a reference to a ship constructed on or after a specified date is a reference to a ship the keel of which is laid or which is at a similar stage of construction on or after that date;

(b)a reference to a ship constructed before a specified date is a reference to a ship the keel of which is laid or which is at a similar stage of construction before that date; and

(c)where the reference to a ship so constructed is to be understood as being or including a reference to a passenger ship, the reference includes a reference to a ship which satisfies both the following requirements, that is to say—

(i)that the keel of the ship was laid or that the ship was at a similar stage of construction before the specified date; and

(ii)that the ship, not being a passenger ship before that date, is converted to a passenger ship, such conversion commencing on or after that date.

(5) Any approval in whatever form given in pursuance of these Regulations 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.

(6) In these Regulations—

(a)a reference to a numbered regulation is, unless otherwise stated, a reference to the regulation of that number in these Regulations;

(b)a reference in a regulation to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that regulation; and

(c)where a sub-heading refers to “requirements” or to “additional requirements” for certain ships, the text following such a sub-heading in that regulation (or until the next such sub-heading in that regulation) shall (unless the context otherwise requires) relate only to such ships.

Application

(7) (a) (i) Subject to sub-paragraphs (b) and (c) below and to (8)(b), these Regulations apply:

(aa)to United Kingdom ships of Classes I, II, Class II(A) of 21.34m in length or over, and Classes VII, VII(A), VII(T), VIII, VIII(A), VIII(T), VIII(A)(T), IX, IX(A), IX(A)(T), XI and XII of 500 tons or over, wherever they may be;

(bb)to other such ships while they are within United Kingdom waters, when engaged on international voyages;

(cc)to other such ships when not engaged on international voyages, while they are within United Kingdom national waters; and

(dd)where any requirement of the Regulations relates to ships constructed on or after a certain date, then, to the extent the Secretary of State deems reasonable and practicable, the requirement shall also apply in respect of any major repairs, alterations and modifications commenced on or after the date to ships constructed before that date;

(b)in the case of ships constructed before 1st October 1994 carrying more than 36 passengers, of Classes I, II and Class II(A) of 21.34 m in length or over which undergo repairs, alterations, modifications or outfitting, any materials introduced into such ships by reason of such repairs, alterations, modifications or outfitting shall comply with the requirements with regard to such material prescribed for such ships constructed on or after 1st October 1994;

(c)these Regulations shall not apply to—

(i)fishing vessels;

(ii)high-speed craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996(7) apply;

(iii)the following non-United Kingdon ships—

(aa)troopships;

(bb)ships not propelled by mechanical means;

(cc)a ship by reason of her being within the United Kingdom or the territorial water thereof if she would not have been therein but for stress of weather or any other circumstances that neither the master owner or charterer (if any) could have prevented.

Exemptions

(8) (a) 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.

(b)Except as provided for in regulation 51, every ship to which these Regulations apply constructed before 26th May 1965, shall be exempt from the provisions of these Regulations to the extent and on the conditions specified in Schedule 1 in Merchant Shipping Notice MSN 1670: provided that such passenger ships carrying more than 36 passengers shall comply—

(i)with the provisions of regulations 11(6) and (7), and;

(ii)with the provisions of regulation 7(1), by 1st October 2000.

Revocation

(9) The following Instruments are hereby revoked—

(a)the Merchant Shipping (Fire Appliances) Regulations 1980(8);

(b)the Merchant Shipping (Fire Appliances) (Amendment) Regulations 1981(9);

(c)the Merchant Shipping (Fire Protection) Regulations 1984(10);

(d)the Merchant Shipping (Fire Protection) (Amendment) Regulations 1985(11);

(e)the Merchant Shipping (Fire Appliances) (Amendment) Regulations 1985(12);

(f)the Merchant Shipping (Fire Protection) (Ships built before 25th May 1980) Regulations 1985(13);

(g)the Merchant Shipping (Fire Protection and Fire Appliances) (Amendment) Regulations 1986(14);

(h)the Merchant Shipping (Fire Protection) (Non-United Kingdom Ships) (Non-SOLAS) Rules 1986(15);

(i)the Merchant Shipping (Fire Protection) (Amendment) Regulations 1992(16);

(j)the Merchant Shipping (Fire Protection) (Non-United Kingdom) (Non-SOLAS Ships) (Amendment) Rules 1993(17);

(k)the Merchant Shipping (Fire Appliances) (Amendment) Regulations 1993(18);

(l)the Merchant Shipping (Fire Protection) (Amendment) Regulations 1993(19);

(m)the Merchant Shipping (Fire Protection) (Ships built before 25th May 1980) (Amendment) Regulations 1993(20).

Classification of ships

2.—(1) For the purposes of these Regulations ships shall be arranged in Classes as follows—

(2) (a) For the purposes of this regulation the following expressions have the following meanings—

“long international voyage” means a voyage from a port in one country to which the International Convention for the Safety of Life at Sea, 1974 (as amended) applies to a port in another country or conversely; and which is not a short international voyage;

“short international voyage” means an international voyage—

“sea” does not include any waters of Category A, B, C or D;

“voyage” includes an excursion.