Cap. 369 sub. leg. U

Merchant Shipping (Safety) (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations(Cap. 369, section 95)(Enacting provision omitted—E.R. 4 of 2023)[2 August 1991](Format changes—E.R. 4 of 2023) 1. Citation (E.R. 4 of 2023)(1) These regulations may be cited as the Merchant Shipping (Safety) (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations.(2) (Omitted as spent—E.R. 4 of 2023) 2. Interpretation and application (1) In these regulations, unless the context otherwise requires—locked (鎖上) means secured by a device which prevents unauthorized operation;margin line (限界線) has the same meaning as in the Merchant Shipping (Safety) (Passenger Ship Construction and Survey) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg. AM); (E.R. 4 of 2023)required to be watertight (必須水密) means required by the Merchant Shipping (Safety) (Passenger Ship Construction and Survey) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg. AM) or the Merchant Shipping (Safety) (Passenger Ship Construction) (Ships Built Before 1 September 1984) Regulations (Cap. 369 sub. leg. AL) to be watertight; (E.R. 4 of 2023)restricted visibility (有限能見度) means any weather condition in which visibility is restricted by fog, mist, snow, rainstorm, sandstorm or any other similar cause.(2) These regulations apply to passenger ships which are registered in Hong Kong and which are propelled by electricity or other mechanical means.(3) For the purpose of these regulations a voyage commences when a ship leaves her berth or anchorage at the port or other place from which the voyage is made.(4) For the purpose of these regulations, a closing appliance shall be regarded as being below the margin line if any part of the sill of the opening with which it is associated is below that line. 3. Closure of hull openings, watertight doors, openings in watertight bulkheads, etc. (1) The following closing appliances shall be securely closed before a 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 ship’s 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 such margin line;(c) deadlights of any sidescuttles which are situated below such margin line and which—(i) are not accessible while the ship is at sea; or(ii) are situated in spaces appropriated for use at times for the carriage of cargo and at other times for use by passengers, while the spaces are used for the carriage of cargo; and(d) gangway and cargo loading doors below such margin line.(2) A closing appliance described in subregulation (1)(a), (b), (c) or (d) shall not be regarded as being securely closed unless it is locked. 4. Permitted openings while underway (1) A watertight door below the margin line and fitted in a bulkhead which is required to be watertight, other than a door described in regulation 3(1), shall be kept closed while the ship is on a voyage except—(a) when opened in accordance with the procedures laid down in written operational instructions which are based upon the advice set out in the Schedules and approved by the Director of Marine;(b) when opened for the purposes of drill required by regulation 7; 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 period of time specified by the master and all other watertight doors below the margin line, except those opened in accordance with paragraph (a), are closed during that period.(2) The operational instructions referred to in subregulation (1)(a) shall be kept on board a ship at all times in the custody of the master.(3) Notwithstanding subregulation (1)(a), (b) and (c) every watertight door described in subregulation (1) shall, except where there is an immediate need to pass through, be kept closed while the ship is on a voyage—(a) in conditions of restricted visibility;(b) within any port limits or compulsory pilotage limits;(c) where the depth of water is less than 3 times the ship’s draught; and(d) in any other conditions which the master considers potentially hazardous owing to—(i) the proximity of underwater hazards;(ii) the density of traffic; or(iii) any other factor,and if such a 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 subregulation (1) or (3) shall be kept clear of obstructions which might prevent its rapid closure.(5) Notwithstanding the requirements of this regulation or regulation 3, in an emergency the master may authorize the opening or closing of any watertight door provided he is satisfied that such action is essential for the overall safety of the ship. 5. Portable plates Every portable plate closing an opening below the margin line in any portion of the internal structure of a 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. 6. Coverings, etc., for ash-shoots, etc. Both the watertight cover and the automatic non-return valve of any ash-shoot, rubbish-shoot or other similar device on a ship having its inboard opening below the margin line shall be kept closed and secured at all times when such device is not in use. 7. Drills and inspections of deadlights, etc. (1) All deadlights which are accessible, all watertight doors to the opening of which regulation 3 applies, all valves and closing mechanisms of scuppers and the devices referred to in regulation 6 shall be opened and closed for the purposes of drill—(a) at intervals of not more than 7 days except so far as is necessary to avoid drills being conducted in any of the situations described in regulation 4(3); and(b) immediately before a 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 regulation 4 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 regulations 3 and 6 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 where they are not accessible. 8. Drills and inspections of watertight doors, etc. (1) The following closing appliances, mechanisms and other devices shall be inspected at intervals of not more than 7 days by a person appointed for that purpose, either generally or on any particular inspection, by the master—(a) all watertight doors other than those of the type described in regulation 3(1);(b) all mechanisms, indicators and warning devices connected with such doors;(c) all valves, the closing of which is necessary to make watertight any compartment below the margin line; and(d) all 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, all the closing appliances referred to in subregulation (1) to indicate, as necessary, the procedures for operating the appliances, the purpose of the controls and any precautions to be observed. 9. Training All members of the crew of a ship who will have occasion to use any watertight doors, shall be instructed in the safe operation of watertight doors. In addition, written instructions on the safe operation of the doors, given 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 regulation 4(1)(a). 10. Entries in official log-book Entries shall be made in a ship’s official log-book recording the following—(a) the times of the last closing, before the ship proceeds on any particular voyage, of watertight doors and other closing appliances referred to in regulation 3 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 regulation 4(1)(c);(c) the times when portable plates referred to in regulation 5 are fitted in place and the times of any removal and replacement of such plate while the ship is on any voyage; and(d) the occasions on which drills are held and inspections made in compliance with these regulations and whether or not the closing appliances and devices to which such a drill or inspection relates are in good working order when the drill or inspection takes place. 11. Penalties (1) If there is a breach of these regulations, then by virtue of section 95(2) of the Ordinance the master of the passenger ship involved in the contravention commits an offence and is liable to a fine at level 3.(2) Any person who fails to carry out an inspection which he has been appointed by the master to carry out under regulation 7(3) or 8 shall be guilty of an offence and liable on summary conviction to a fine at level 2.(3) In any proceedings for an offence under these regulations it shall be a defence for the defendant to show that he took steps to prevent the occurrence or continuation of the activity or contravention to which the alleged offence relates and that in the particular circumstances the steps were taken as soon as practicable and were reasonable.(E.R. 4 of 2023) Schedule 1 [reg. 4(1)(a)]Design and Operational Principles for Watertight Doors General Comment Most passenger ships are provided with internal watertight subdivision arrangements designed to withstand a specified volume of flooding in the event of the hull being breached. While the effectiveness of these arrangements is dependent upon a number of factors, it is essential to ensure that any watertight door in the divisional bulkheads is closed when breaching occurs, or almost immediately afterwards. It is also essential to limit the number of access openings placed in the divisional bulkheads and also to exercise the strictest control over the operation of the watertight doors provided to close such openings.Principles to be Observed when Fitting Watertight Doors in New ShipsNumber and Location of Doors (Applicable to New Ships) 1. (1) It has always been accepted that a number of access openings, closed by means of watertight doors, will be required in some watertight bulkheads for essential purposes, e.g. to inspect vital items of machinery, provide emergency or alternative means of escape, etc. Equally however, it has always been stressed, both nationally and internationally, that the number of such openings should be kept to the absolute minimum compatible with the design and proper working of the ship. Every effort should therefore be made to reduce, as far as practicable, the number of watertight doors fitted in any new passenger ship. This might be achieved in a number of ways. For example, in the accommodation spaces, efforts should be made to arrange access and escape routes in a manner which would minimize the need for people to pass through watertight bulkheads below the level of the bulkhead deck. In the case of service spaces and other working compartments, normal access should where possible be available without the need for continual passage through main bulkheads.Acceptance of the location of any watertight door will however be dependent upon the Director being satisfied that its presence is essential for the proper working of the ship.The Position and Size of Watertight Doors (Applicable to New Ships) (2) The possible effects of progressive flooding through an unclosed opening should always be taken into account when deciding upon the position and size of any watertight door. An unclosed door, lying wholly below the level of the waterline obviously presents a great potential hazard. To lessen such dangers, watertight doors should be kept as small as possible and be positioned, whenever practicable, close to the centreline with their sills as high as is possible and consistent with safe access and preferably above the level of the waterline.Means of Controlling Watertight Doors (Applicable to those Ships Fitted with Central/Local Control Facilities at Navigating Bridge Deck) 2. (1) The system adopted to give central control to the watertight doors fitted throughout the ship should be designed not only to ensure their efficient operation but also to reduce the risk of injury to personnel when passing through the doorway. To this end, the watertight door central control unit located on the navigating bridge should have two operating positions, one marked “local control” and the other “doors closed”. When the “local control” position is selected any door should be capable of being opened or closed only by means of the local controller provided at each side of the door—automatic closure of the door should not be possible in this mode of operation.Selection of the alternative position—“doors closed”—should cause all the doors to close. It should also ensure automatic closure of any door in the system if it is opened thereafter by the use of the local controllers. BECAUSE OF THE INCREASED RISK OF INJURY TO PERSONNEL WHEN USING THE DOORS IN THE AUTOMATIC CLOSING MODE use of the “doors closed” position should be restricted to emergency and drill or testing purposes, the latter always being preceded by an adequate warning signal.The Speed of Closure of the Watertight Doors (Applicable to all Ships) (2) All the power operated doors fitted in any ship must be capable of being closed from the navigating bridge within one minute. Whilst this is a relatively short period of time to close all doors, it should be borne in mind that recent studies have shown that progressive flooding through doorways, before effective closure of the watertight doors can be completed, could have disastrous results in some ships—in particular, roro ferries. It follows, therefore, that prompt action must always be taken to close any watertight door which may be open when an emergency situation is imminent.The speed of closure of an individual door should not cause unnecessary risk to the users. Where the closing mechanism permits the doors should be adjusted so that they can be closed from the fully open position in not less than 20 seconds nor more than 40 seconds from first movement. Schedule 2 [reg. 4(1)(a)]Operational Instructions 1. Operational Instructions submitted for approval to the Director should specify in what circumstances, if any, and subject to what conditions, each watertight door in the ship may be opened. Two conditions of any voyage should always be catered for i.e. those applicable in potentially hazardous situations when the highest standard of watertight integrity is required and those applicable in normal conditions, i.e. when potentially hazardous situations are not present. Potentially hazardous situations for this purpose include voyages—(a) in conditions of restricted visibility;(b) during any part of a voyage within port limits, or within compulsory pilotage limits;(c) where the depth of water is less than 3 times the ship’s draught; and(d) in a situation which the master considers potentially hazardous due to—(i) the proximity of underwater hazards (having regard to the degree of reliance that can be placed on the chart of the area—see Mariners Handbook Chapter 3, section 1); or(ii) the density of the traffic in the vicinity; or(iii) any other factor.Control Categories to be assigned to Watertight Doors for the purpose of Operational Instructions 2. (1) Every watertight door, to which regulation 4(1) of the regulations applies, should be given a specific number and, depending upon the need there is for it to be opened or kept open in normal conditions, assigned one of the following categories— Type “A”— a door which may be open. Type “B”— a door which should be closed. It may be open, but only while someone is working in the adjacent compartment. Type “C”— a door which should be closed. It may be opened, but only for sufficient time to permit through passage. (2) The Instructions must state that in potentially hazardous situations every watertight door must be closed except when a person is passing through it. They must also state that in normal conditions the doors are to be opened or closed in accordance with the category which has been assigned to them, see subparagraph (1).(3) In deciding upon the appropriate category for each watertight door, account should be taken of the following factors—(a) for each watertight door, other than those fitted in machinery spaces—(i) whether there is a genuine need for the door to be kept open;(ii) that whilst it may be very convenient to keep the door open for prolonged periods such an arrangement could put the safety of the ship at risk if the hull were suddenly breached;(iii) whether a closed door can be opened and then closed again, safely and easily;(b) for watertight doors fitted in machinery spaces—(i) the need for quick and easy surveillance of machinery spaces containing main propulsion machinery, essential auxiliaries, gear boxes, thrustblocks, CPP equipment, electrical power generating plant and fuel preparation and heating equipment; having regard to the fire risk and the critical nature of a machinery failure;(ii) the increased risk of personnel being trapped by doors which do not have the improved facilities for local operation described in paragraph 2(1) of Schedule 1;(iii) the extent to which fire detecting systems and bilge water level alarms are fitted;(iv) whether a machinery control room is provided and the degree of remote control and remote surveillance that is possible; and(v) the need to delay the onset of progressive flooding.Supervision of Control Procedures at Sea 3. The Instructions should state that the operation of all those doors which are indicated on the bridge control unit should be supervised by the officer in charge of the watch by means of that unit.Plans and Particulars required to be Submitted for All Ships 4. To enable the Director to make a proper assessment of the “Operational Instructions” being proposed the following plans and information should be submitted—(a) the size, type and sill height of each door;(b) (for new ships only) the reason why each door is to be fitted;(c) a brief outline of the method of operation of the doors;(d) the category of door proposed (as specified in paragraph 2(1)) and the reason for selecting such a category;(e) the draft Operational Instructions, entitled “Operational Instructions for the Control of Watertight Doors” to be issued to the master; such Instructions to be presented in the form of the Director’s Model Instructions, set out in Schedule 3. Schedule 3 [reg. 4(1)(a)]Model Instructions relating to the Control of Watertight Doors—Operational Instructions for the Control of Watertight Doors 1. These are the Operational Instructions for the control of the ship’s watertight doors required by regulation 4 of the Merchant Shipping (Safety) (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations (Cap. 369 sub. leg. U). (E.R. 4 of 2023) 2. All the watertight doors which may be opened during a voyage are to be operated (kept closed or opened) in accordance with the procedures given in these instructions and in the appended diagram entitled “Operation of the Ship’s Watertight Doors”.Marking and Categorization of Watertight Doors 3. Every one of the ship’s [ *] watertight doors is to be given a specific number and, if it is a door which may be opened at any time during a voyage in normal conditions, or a door which may be kept open at any such time, it shall also be assigned one of the following types—Type A, Type B or Type C—to indicate how it may be used in normal conditions. * Insert appropriate number of doors. Voyage Conditions 4. The Instructions for the operation of the doors are given for two conditions of any voyage—(a) those applicable in potentially hazardous situations; and(b) those applicable in normal conditions. 5. For the purpose of these Instructions—(a) potentially hazardous situations are conditions where the ship is—(i) in conditions of restricted visibility;(ii) on any part of a voyage within port limits or within compulsory pilotage limits;(iii) where the depth of water is less than 3 times the ship’s draught; and(iv) in a situation which the master considers potentially hazardous due to—(A) the proximity of underwater hazards (having regard to the degree of reliance that can be placed on the chart of the area—see Mariner’s Handbook Chapter 3, section 1); or(B) the density of the traffic in the vicinity; or(C) any other factor;(b) normal conditions are all conditions in which potentially hazardous situations do not exist.Operation of Watertight Doors 6. The ship’s watertight doors are to be operated (opened and closed) as follows—(a) in potentially hazardous situations every such door must be kept closed except when a person is passing through it;(b) in normal conditions—(i) a Type A door may be kept open;(ii) a Type B door must be closed. It may be open but only whilst someone is working in the compartment adjacent to it;(iii) a Type C door must be closed. It may be opened but only for sufficient time to permit someone to pass through it;(c) in addition to paragraph 2 any watertight door may be opened on the express authority of the master for a specific purpose and for no longer than a specific period of time. Where the master authorizes the opening of any door in this way, details of the opening and authorization must be recorded in the official log-book.Obstructions in Doorways 7. Any watertight door which is open must be kept clear of obstructions which might prevent its rapid closure.Control from Bridge 8. The control for watertight doors on the navigating bridge can be set at either “doors closed” or “local control”. It must be set at “local control” except during an emergency, a drill or for testing purposes.Supervision from Bridge 9. The operation of all watertight doors which are indicated on the bridge control unit must be supervised by the officer in charge of the watch by means of that unit.Inspections 10. All watertight doors (which are accessible while the ship is on a voyage), their controls and alarms, must be kept in efficient working condition and be inspected at intervals of not more than 7 days.Drills 11. The operation of the watertight doors must be tested at drills carried out as follows—(a) any door which is normally kept closed, if accessible, is to be opened and closed at least once every 7 days; this operation may however be delayed or advanced if conditions of restricted visibility or any other potentially hazardous situations prevail or are anticipated;(b) all doors to be opened and closed prior to departure if the ship is to remain at sea for more than 7 days;(c) those doors which may be kept open or opened (i.e. Types A, B and C) during a voyage are to be opened and closed daily. (E.R. 4 of 2023)Instructions in the Use of the Watertight Doors 12. ALL MEMBERS OF THE CREW WHO HAVE OCCASION TO USE ANY WATERTIGHT DOORS MUST BE INSTRUCTED IN THE SAFE OPERATION OF THOSE DOORS. IN ADDITION WRITTEN INSTRUCTIONS ON THE SAFE OPERATION OF THE DOORS, GIVEN IN EASILY UNDERSTOOD TERMS AND ILLUSTRATED WHEREVER POSSIBLE, SHALL BE AVAILABLE TO ALL MEMBERS OF THE CREW, SUCH INSTRUCTIONS SHOULD BE BASED ON THE CONTENTS OF THIS DOCUMENT.Emergency Situations 13. These Instructions govern the operation of watertight doors in either normal conditions or potentially hazardous situations. However when an emergency situation exists the master may ignore these instructions and authorize the opening or closing of any watertight door provided he is satisfied that such action is essential for the overall safety of the ship.Offences 14. It is a punishable offence to contravene any of the provisions of the Merchant Shipping (Safety) (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations (Cap. 369 sub. leg. U).(E.R. 4 of 2023) Schedule 4 [reg. 4(1)(a)] The contents of this document satisfy the requirements of the Merchant Shipping (Safety) (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations (Cap. 369 sub. leg. U) regulation 4. DOOR CATEGORY VOYAGE CONDITION Signed .......................................................The Director of Marine,Hong Kong NOR-MAL POTENTIALLY HAZARDOUS SITUATIONS DOOR CATEGORY AND CONTROL PROCEDURE Date DOOR NO ADJACENT COMPARTMENTS TYPE‘A’ A DOOR WHICH MAY BE OPEN. 1 ‘C’ TYPE ‘B’ A DOOR WHICH SHOULD BE CLOSED. IT MAY BE OPEN, BUT ONLY WHILST SOMEONE IS WORKING IN THE ADJACENT COMPARTMENT. 2 ‘C’ 3 port ‘C’ 4 stb ETC 5 TYPE ‘C’ A DOOR WHICH SHOULD BE CLOSED. IT MAY BE OPENED, BUT ONLY FOR SUFFICIENT TIME TO PERMIT THROUGH PASSAGE. 6 7 (E.R. 4 of 2023)