Marine Orders - Part 15: Construction - Fire Protection, Fire Detection and Fire Extinction, Issue 4 - Amendment (Order No. 5 of 2008)

EXPLANATORY NOTES

Marine Orders Part 15

ConstructionFire protection, fire detection and fire extinction

Issue 4 — Amendment

Order No. 5 of 2008

Purpose

1. Marine Orders Part 15 — Construction  Fire Protection, Fire Detection and Fire Extinction:

• gives effect to Chapter II-2 of the International Convention for the Safety of Life at Sea, 1974 (‘SOLAS’);
• gives effect to the International Code for Fire Safety Systems (‘the FSS Code’), adopted by International Maritime Organization (‘IMO’) resolution MSC.98 (73) and amended by IMO resolution MSC.217 (82); and
• prescribes appliances and equipment to be carried on ships for the prevention, detection and extinction of fire on ships.

2.     The purpose of the Marine Orders Part 15, Issue 4 – Amendment, is to amend Issue 4 of Marine Orders Part 15 to give effect to the amendment of:

• the FSS Code by IMO resolution MSC.217 (82); and
• Chapter II-2 of SOLAS by Annexes 1 and 3 to IMO resolution MSC.216 (82).

3.     The amendments made by Annex 1 to IMO resolution MSC.217 (82) and Annex 1 to IMO resolution MSC.216 (82) come into effect on 1 July 2008.  The amendments made by Annex 3 to IMO resolution MSC.216 (82) come into effect on 1 July 2010.

4.     In addition, Marine Orders Part 15, Issue 4 — Amendment gives effect to the amendment of Chapter II-1 of SOLAS by Annex 2 of IMO resolution MSC.194 (80) which comes into effect on 1 January 2009.

5.     To give effect to the above amendments, the Marine Orders Part commences on 1 July 2008.

Power

6.     Part IV of the Navigation Act 1912 (‘the Act’) provides for ships and shipping.  Sections 191 and 215 of the Act are found in Part IV.

7.     Section 191 of the Act provides for regulations to make provision for or in relation to giving effect to SOLAS.

8.     Paragraph 215 (1) (b) and subsection 215 (2) of the Act provide that the regulations may make provision for or in relation to:

• the prevention, detection and extinction of fire on ships;
• the appliances to be carried and the measures to be observed on ships for the prevention, detection and extinction of fire on ships; and
• exempting ships from any requirement of this Act that relates to the prevention, detection or extinction of fire on ships.

9.     Subsection 425 (1) of the Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.

10. Subsection 425 (1AA) of the Act provides that the Australian Maritime Safety Authority (‘AMSA’) may make orders with respect to any matter mentioned in, amongst other Parts, Part IV of the Act for or in relation to which regulations may be made. 

11. Marine Orders Part 15 Issue 4, Amendment, is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.

Consultation

12. In addition to providing a copy of the draft Marine Orders Part 15, Issue 4, Amendment on AMSA’s website, a copy of the draft Amendment Marine Orders Part was provided to the following organisations for comment:

• American Bureau of Shipping;
• Australian Shipowners Association;
• Bureau Veritas;
• China Classification Society;
• Department of Infrastructure, Transport, Regional Development and Local Government;
• Det Norske Veritas;
• Germanischer Lloyd;
• Lloyd’s Register;
• National Marine Safety Committee;
• Nippon Kaiji Kyokai;
• Shipping Australia Limited.

Overview

13. Marine Orders Part 15, Issue 4, Amendment, gives effect to the amendment of the FSS Code by Annex 1 to IMO resolution MSC.217 (82) which:

• provides detailed engineering specifications for portable foam applicators and foam concentration levels;
• provides that fixed water-spraying fire extinguishing systems for machinery and cargo rooms are to be approved by the Administration in accordance with IMO guidelines; and
• provides that fixed fire detection and fire alarm systems for cabin balconies are to be approved by the Administration in accordance with IMO guidelines.

14. Marine Orders Part 15, Issue 4, Amendment, also gives effect to the amendment of Chapter II-2 of SOLAS by Annexes 1 and 3 to IMO resolution MSC.216 (82) which revised requirements on passenger ships relating to:

• the use of materials, in particular non-combustible and smoke‑limiting materials, for primary deck coverings, bulkheads, decks, linings, ceilings of cabins and balconies, furniture and furnishings;
• the installation of fixed fire detection and fire alarms systems on cabin balconies;
• the insertion of definitions for the terms ‘safe area in the context of a casualty’ and ‘safety centre’;
• the installation of detectors that emit an audible alarm in cabins;
• the reclassification of ‘sales shops’ on board ships from being considered spaces of moderate fire risk to spaces of greater fire risk; and
• new requirements for exhaust ducts for cooking equipment on open decks and ventilation systems for laundries.

15. In addition, Marine Orders Part 15, Issue 4, Amendment, gives effect to the amendment of Chapter II-2 of SOLAS by Annex 2 to IMO resolution MSC.194 (80) which updated references to a number of regulations in Chapter II-1 of SOLAS.

16. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 15 with notes after the relevant provisions.  This reflects current drafting practice and will enable future amendment of the text of a note to be easily identified and amended with minimal disruption to the Marine Orders Part.

Amendments commencing on 1 July 2008

Provision 1

17. Item [1] amends the heading of provision 1 by omitting the symbol ‘&’ and inserting the word ‘and’.

Provision 2, definition of Chief Marine Surveyor

18. Item [2] omits the definition of ‘Chief Marine Surveyor’ which is replaced by the proposed definition ‘Manager, Ship Inspections’.

Provision 2, definition of FSS Code

19. Item [3] amends the definition of FSS Code in provision 2 by updating the references to the IMO resolution that has amended the FSS Code.  To assist readers, a note is inserted after the definition to inform readers of the dates on which Annexes 1 and 2 to IMO resolution MSC.217 (82) come into effect.

Provision 2, definitions of Manager, Ship Inspections and Navigation Act

20. Item [4] inserts the proposed definitions ‘Manager, Ship Inspections’ and ‘Navigation Act’.  The proposed definition of ‘Manager, Ship Inspections’ replaces the definition ‘Chief Marine Surveyor’ to reflect the current title of this position.

21. The proposed definition ‘Navigation Act’ is inserted so that it is no longer necessary for references to the Act in the Marine Orders Part to refer to the full citation of the Act.  This amendment also ensures consistency in the Marine Orders Parts.

Provision 2, definition of SOLAS, including footnote 1

22. Item [5] amends the definition of SOLAS by applying the proposed definition ‘Navigation Act’ and replacing footnote 1 with a note that is inserted after the definition.  The note provides details of the IMO resolutions that have amended SOLAS and sets out when the resolutions come into operation.

Provision 2, definitions of survey authority and surveyor, including footnote 2

23. Item [6] amends the definition of survey authority in provision 2 by amending the definition so that it is consistent with the definition of ‘survey authority’ found in the Act.  The definition is also amended by replacing footnote 2, which set out the survey authorities approved by AMSA, with a note that provides a link to AMSA’s website where information can be obtained regarding these authorities.

24. Item [6] also amends the definition of surveyor by expanding the definition of that term so that it encompasses surveyors employed by survey authorities.  This ensures that the definition of this term is consistent in each of the Marine Orders Parts.

Provision 2, definition of USL Code

25. Item [7] amends the definition of USL Code by applying the proposed definition of ‘Navigation Act’.

Provision 2, after the definition of USL Code

26. Item [8] inserts a note after the definition of USL Code.  The proposed note provides readers with information on how copies of IMO documents may be obtained from AMSA.  The proposed note also includes a link to AMSA’s website and the e-mail address of the area responsible in AMSA for providing this information.

Provisions 3.2 and 3.3, including footnote 3

27. Item [9] amends provision 3.2 by refining the meaning of the words the Administration.  It also replaces the reference to the ‘Chief Marine Surveyor’ with the term ‘Manager, Ship Inspections’ to reflect the correct title of this position.

28. Item [9] also amends provision 3.3 by inserting the word ‘and’ at the end of paragraph (a).  The item also omits the words ‘a footnote’ and inserts the words ‘a note’ in paragraph (b).  The amendment of paragraph (b) is necessary given the decision to replace footnotes with notes following the relevant provision. 

Provision 5, heading, including footnote 4

29. Item [10] amends the heading of provision 5 by replacing the symbol ‘&” with the word ‘and’.  The reference to footnote 4 in the heading has been omitted and replaced with a proposed note that is inserted after provision 5.3 by item [11].  This amendment reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.  

Provision 6

30. Item [12] amends provision 6.1.1 by inserting a time limit of 3 months for an internal review application of a decision of the Manager, Ship Inspections.  This amendment ensures consistency in the Marine Orders Parts and also provides certainty for AMSA decision makers in terms of potential reviews of their decisions.

31. Item [13] amends provision 6.1.3 by replacing the bullet points with paragraphs.  This amendment reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.  

Provision 7, including footnotes 5 and 6

32. Item [14] amends provision 7.1.2 (a) by updating the Regulation references to include mention of Regulation 1.3 of Chapter II-2 of SOLAS. 

33. Provision 7.1.2 (b) is also amended so that it refers to the most recent consolidated edition of SOLAS that has been published by the IMO. Further, the reference to footnote 5 in that paragraph is omitted.  Footnote 5 is replaced by a proposed note that is inserted after provision 7.1.2 (c).

34. Item [14] also amends provision 7.1.3 by replacing the bullet points with paragraphs.

35. Item [15] amends provision 7.2 by omitting the reference to footnote 6 in that provision because the footnote is no longer required.

Appendix 1, heading

36. Item [16] amends the heading of Appendix 1 by inserting a reference to the provisions in the Marine Orders Part that refer to Appendix 1.  This amendment reflects current drafting practice.

Appendix 1, clause 2

37. Item [17] amends clause 2 in Appendix 2 by recasting the provision so that it is more user-friendly.

Appendix 1, clause 2.3

38. Item [18] amends clause 2.3 by replacing the bullet points with paragraphs.  This amendment reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.

Appendix 1, clause 3, including footnote 7

39. Item [19] amends clause 3 by replacing the bullet points with paragraphs.  It also replaces the reference to footnote 7 with a proposed note that is inserted after paragraph (b) of the clause.

Appendix 1, clause 4.2

40. Item [20] amends clause 4.2, before the table, by replacing the bullet points with paragraphs. 

Appendix 2, heading

41. Item [21] amends the heading of Appendix 2 by inserting a reference to the provisions in the Marine Orders Part that refer to Appendix 2.  This amendment reflects current drafting practice.

Appendix 2, clause 1.11

42. Item [22] amends clause 1.11 of Appendix 2 by replacing the bullet points and syntax marks with paragraphs and subparagraphs (as appropriate).  The references to ‘Chief Marine Surveyor’ are replaced with references to ‘Manager, Ship Inspections’ to reflect the correct title of this position.

Appendix 2, clause 2.6

43. Item [23] amends clause 2.6 of Appendix 2 by replacing the bullet points and syntax marks with paragraphs and subparagraphs (as appropriate).  The references to ‘Chief Marine Surveyor’ are replaced with references to ‘Manager, Ship Inspections’ to reflect the correct title of this position.

Appendix 2, clause 3.11

44. Item [24] amends the opening words of clause 3.11 by inserting the words ‘all of the following’.  The result of this amendment is that it is not necessary to insert the word ‘and’ at the end of each of the paragraphs.  This amendment is consistent with current drafting practice.

45. Item [25] omits the word ‘and’ at the end of paragraph (e) as a result of the amendment made by item [24].  The reference to ‘Chief Marine Surveyor’ in paragraph 3.11 (f) is replaced with a reference to the proposed definition ‘Manager, Ship Inspections’.

Appendix 2, clause 4.5, including footnote 8

46. Clause 4.5 of Appendix 2 is amended by item [26] by separating the requirement that a portable fire extinguisher be serviced, inspected, pressure tested, recharged and maintained in accordance with Australian Standard AS 1851 which is found in proposed clause 4.5, and the exception to this requirement which is found in proposed clause 4.5A. 

47. Currently the contents of provisions 4.5 and 4.5A are found in provision 4.5.  Separating the requirement and exception provisions into 2 provisions will assist reader understanding and improve the user‑friendliness of the provisions. 

48. Footnote 8 has been replaced with 2 proposed notes that are inserted after proposed provision 4.5A.  The 2 proposed notes provide readers with additional information regarding Australian Standard AS 1851 and other relevant IMO Circulars.

Appendix 2, clause 4.7.1

49. Item [27] amends clause 4.7.1 by replacing the references to ‘tons’ with ‘Gross tonnage’ which is the term used in the maritime industry when describing the size of a ship.

Appendix 3, heading

50. Item [28] amends the heading of Appendix 3 by inserting a reference to the provisions in the Marine Orders Part that refer to Appendix 3.  This amendment reflects current drafting practice.

Appendix 3, clause 1

51. Item [29] amends clause 1.1.1 by re-casting this provision as proposed clauses 1.1.1 and 1.1.1A.  Proposed clause 1.1.1 inserts paragraphs that provide for the circumstances when a gas cylinder must be inspected at a gas station.

52. Proposed clause 1.1.1A sets out when a gas cylinder is to be tested. 

53. The re-casting of these clauses will assist reader understanding by being reader-friendly.  Further, separating the maintenance schedule set out in clause 1.1.1A from the clause that sets out when a gas cylinder is to be serviced, may also assist in ensuring compliance with these clauses.

54. Item [30] amends clause 1.3.1 by replacing the bullet points with paragraphs.  The reference to ‘Chief Marine Surveyor’ is replaced with a reference to ‘Manager, Ship Inspections’ to reflect the correct title of this position.

Further amendments

55. Item [31] amends the provisions listed by replacing the references to ‘Chief Marine Surveyor’ with references to ‘Manager, Ship Inspections’ to reflect the correct title of this position.

Australian Maritime Safety Authority

27 May 2008