S.I. No. 131/1994 - Merchant Shipping (Passenger Ship Construction and Survey) (Amendment No. 2) Rules, 1994.

S.I. No. 131 of 1994.

MERCHANT SHIPPING (PASSENGER SHIP CONSTRUCTION AND SURVEY) (AMENDMENT NO. 2) RULES, 1994.

I, DAVID ANDREWS, Minister for the Marine, in exercise of the powers conferred on me by section 10 (as amended by section 9 of the Merchant Shipping Act, 1966 (No. 20 of 1966), and section 29 of the Merchant Shipping Act, 1992 (No. 2 of 1992)) 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. These Rules may be cited as the Merchant Shipping (Passenger Ship Construction and Survey) (Amendment No. 2) Rules, 1994, and shall come into operation on the 1st day of July, 1994.

2. The Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985 ( S.I. No. 274 of 1985 ), are hereby amended:

( a ) by the insertion after paragraph (9) of Rule 64 of the following paragraph:

"(9A) Any relief valves and air or overflow pipes shall discharge to a position which, in the opinion of the Minister, is safe.";

( b ) by the insertion after paragraph (10) of Rule 64 of the following paragraph:

"(10A) ( a ) This paragraph applies to post-1992 ships only.

( b ) Safe and efficient means of ascertaining the amount of oil fuel contained in any oil fuel tank shall be provided.

( c ) Where sounding pipes are used, they shall not terminate in any space where the risk of ignation or spillage from the sounding pipe might arise. In particular, they shall not terminate in passenger or crew spaces. As a general rule, they shall not terminate in machinery spaces. However, where the Minister considers that compliance with the last mentioned requirements would be impracticable in a particular case, he may permit termination of sounding pipes in machinery spaces if the following requirements are complied with:

(i) an oil-level gauge is provided complying with the requirements of sub-paragraph (d) of this paragraph;

(ii) the sounding pipes terminate in locations remote from ignition hazards unless precautions are taken such as the fitting of effective screens to prevent the oil fuel, in the case of spillage through the terminations of the sounding pipes, from coming into contact with a source of ignition;

(iii) the termination of sounding pipes are fitted with self-closing blanking devices and with a small-diameter self-closing control cock located below the blanking device for the purpose of ascertaining before the blanking device is opened that oil fuel is not present; provision shall be made so as to ensure that any spillage of oil fuel through the control cock involves no ignition hazard.

( d ) Other oil-level gauges may be used in place of sounding pipes. Such means, like the means provided in sub-paragraph (c) (i) of this paragraph, are subject to the condition that such means shall not require penetration below the top of the tank and their failure or over-filling of the tanks shall not permit release of fuel.

( e ) Means prescribed in sub-paragraph (d ) of this paragraph which are acceptable to the Minister shall be maintained in the proper condition to ensure their continued accurate functioning in service.";

( c ) by the insertion after paragraph (15) of Rule 64 of the following paragraph:

"(15A) ( a ) Oil fuel pipes and their valves and fittings shall be of steel or other approved material, except that restricted use of flexible pipes shall be permissible in positions where the Minister is satisfied that they are necessary.

( b ) Such flexible pipes and end attachments shall be of approved fire-resisting materials of adequate strength and shall be constructed to the satisfaction of the Minister.";

( d ) by the insertion after paragraph (5) of Rule 66 of the following paragraph:

"(6) ( a ) This paragraph applies to post-1992 ships only.

( b ) The arrangements for the storage, distribution and utilization of oil used in pressure lubrication systems shall be such as to ensure the safety of the ship and persons on board. The arrangements made in machinery spaces of Category A, and whenever practicable in other machinery spaces, shall at least comply with paragraphs (5), (6), (9), (9A), (10A), (15) (a), (15A) and (22) of Rule 64 of these Rules save that:

(i) this does not preclude the use of sight-flow glasses in lubricating systems provided that they are shown by test to have a suitable degree of fire resistance;

(ii) sounding pipes may be authorized in machinery spaces; the requirements of clauses (i) and (iii) of Rule 64 (10A) (c) of these Rules need not be applied on condition that the sounding pipes are fitted with appropriate means of closure.";

( e ) by the insertion after paragraph (17) of Rule 68 of the following paragraph:

"(18) Ships with emergency steering positions shall at least be provided with a telephone or other means of communication for relaying heading information to such positions. In addition, ships of 500 tons gross tonnage and upwards constructed on or after the 1st day of February, 1992, shall be provided with arrangements for supplying visual compass readings to the emergency steering position."; and

( f ) by the substitution of the Schedule set out in the Schedule to these Rules for the Seventh Schedule.

3. The Merchant Shipping (Passenger Ship Construction) Rules, 1983 ( S.I. No. 300 of 1983 ), are hereby amended:

( a ) by the insertion after paragraph (8) of Rule 114 of the following paragraph:

"(8A) Any relief valves and air or overflow pipes shall discharge to a position which, in the opinion of the Minister, is safe.";

( b ) by the insertion after paragraph (11) of Rule 114 of the following paragraph:

"(11A) ( a ) Oil fuel pipes and their valves and fittings shall be of steel or other approved material, except that restricted use of flexible pipes shall be permissible in positions where the Minister is satisfied that they are necessary.

( b ) Such flexible pipes and end attachments shall be of approved fire-resisting materials of adequate strength and shall be constructed to the satisfaction of the Minister.";

SCHEDULE

"SEVENTH SCHEDULE

Rule 3

AREAS OF SMOOTH WATERS AND PARTIALLY SMOOTH WATERS

Place	Areas of Smooth Waters	Areas of Partially Smooth Waters
Carlingford Lough	Within a line from Greencastle Point to Greenore.	No partially smooth waters.
Dundalk	Westward of Longitude 6 degrees 21 minutes West within Castletown Estuary.	In summer and in fine weather only, within a line joining Cooley Point and Dunany Point.
Drogheda	Within a line from Crook Point to Burrow Point.	No partially smooth waters.
Dublin	Inside the pier heads.	In Summer: Within a line from Dalkey Island to Bailey Point.
		In Winter: (a) for tenders to ocean liners only: within a line from Dalkey Island to Bailey Point, in fine weather only;
		(b) for all other ships: no partially smooth waters.
Wicklow	Inside the pier heads.	In Summer only and in fine weather only, within 2 nautical miles of the pier heads.
Arklow	Inside the pier heads.	In Summer and in fine weather only, within 2 nautical miles off the pier heads.
Wexford	Inside Wexford Bridge.	Within a line from Raven Point to Rosslare Point.
Waterford	Within a line from Passage to Ballyhack.	In Summer: Within a line from Dunmore to Hook Point.
		In Winter: Within a line from Geneva Barracks to Duncannon Light.
Youghal	Within a line from Ferry Point to Green Park.	No partially smooth waters.
Cork	Within a line from Ram's Head to Dogsnose Quay.	Within a radius of 3 nautical miles from Roches' Point in fine weather.
Kinsale Harbour	Within a line from Blockhouse Point and Summer Cove.	Within a line from Moneypoint and Carrignarone.
Baltimore	Baltimore Harbour inside Sherkin Island.	Baltimore to Cape Clear Island and Schull in fine weather and in daylight only.
Dunbeacon Harbour, Dunmanus Bay	No smooth waters.	Within a line joining Rossmore Point and Dunbeacon Point, in fine weather and in daylight only.
Bantry Bay	From Bantry or Glengarriff:	Castletownbere to within a line from Lonehort Point to White Horse Point in fine weather and in daylight only.
	Within a line joining Four Heads Point East and inside Whiddy Island. From Castletownbere: Inside Bere Island.
Ardgroom Harbour	No smooth waters.	In fine weather and in daylight only, within a line joining Dogs Point and Illauneeragh.
Kilmakillaloge Harbour	No smooth waters.	In fine weather and daylight only, within a line joining Collorus Point and Battle Point.
Valentia	Between lines joining Knightstown and Reenard Point and Portmagee Swing Bridge.	In Summer and in fine weather only with a line joining Ringcaheragh Point and Scughaphort Reef and Fort Point to Beginish Island inside Doulus Bar.
Ventry Harbour	No smooth waters.	In Summer and fine weather only, within a line joining Parkmore Point and Paddock Point.
Dingle Harbour	Within a line joining Flaherty Point and Black Point.	No partially smooth waters.
The Shannon	East of Rinalan Point.	Within a line from Scattery Lighthouse to Carrig Island.
Galway	Lough Corrib.	For Ships when serving as tenders to ocean liners only: Within a line from Black Rock Beacon to Kilcolgan Point.
Clifden Bay	No smooth waters.	In fine weather and daylight only, within a line due North from Fishing Point.
Ballynakill Harbour	Inside Ross Point.	In Summer, fine weather and daylight only, inside Freaghillaun Island.
Killary Harbour	Inside Inishbarna Island.	No partially smooth waters.
Blacksod Bay	Inside Dooniver Point.	In fine weather only, within a line from Blacksod Point to Kinfinalta Point.
Broadhaven Bay	Within a line from Shanaghy Point to Fox Point.	In fine weather only, from Gubacashel to Brandy Point.
Westport	Within a line from Murrisk Pier to Inishort Light.	No partially smooth waters.
Sligo Harbour	Inside Metal Man Rocks on Lough Gill.	Within a line from Raghly Point to Black Rock Point.
Ballyshannon	Inside the Bar.	No partially smooth waters.
Donegal	Inside the Bar.	No partially smooth waters.
Mulroy Bay	Within a line from Dundooan Point and Inverbeg Bay.	In fine weather only, within a line from Melmore Head and Ballyhoorisky Point.
Lough Swilly	Within a line from Buncrana to Muckamish Point.	Within a line from Dunree Head to Portsalon.

The outer limits of the smooth water areas specified in the second column of this Schedule shall be taken to be the corresponding inner limits of the partially smooth water areas specified in the third column of this Schedule.

Unless otherwise indicated these limits apply at all times of the year.

In this Schedule "Summer" means the months of April to October, inclusive, and "Winter" means the months of November to March, inclusive.".

GIVEN under my Official Seal, this 29th day of April, 1994.

DAVID ANDREWS,

Minister for the Marine.

EXPLANATORY NOTE.

These Rules give effect to the 1988 Amendments to the International Convention for the Safety of Life at Sea, 1974. The main provisions are concerned with minimising fire-risk through regulation of oil fuel pressure, positioning of relief valves, overflow pipes, sounding pipes and oil fuel pipes. Provision is made for the installation of a means of communication between the bridge and the emergency steering position. The current Schedule of Areas of Smooth and Partially-Smooth Waters is incorporated. Rules 2 (b) and (d) apply to post-1992 ships only.