Verordnung über die Unterbringung der Besatzungsmitglieder an Bord von Kauffahrteischiffen - PDF

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See-Berufsgenossenschaft - Ship Safety Division - II/ Status: Verordnung über die Unterbringung der Besatzungsmitglieder an Bord von Kauffahrteischiffen [Ordinance on Crew Accommodation on Board

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See-Berufsgenossenschaft - Ship Safety Division - II/ Status: Verordnung über die Unterbringung der Besatzungsmitglieder an Bord von Kauffahrteischiffen [Ordinance on Crew Accommodation on Board Merchant Ships] dated 8 th February, 1973 (BGBl. Bundesgesetzblatt [Federal Law Gazette], Volume 1973, Part I) On the authority of 143 para 1 Nos. 4 and 5 of the Seemannsgesetz [Seamen s Law] of 26 th July 1957 (BGBl. II p. 713), last amended by Article 26 of the Kostenermächtigungs- Änderungsgesetz [Cost Authorization Amendment Law] dated 23 rd June 1970 (BGBl. I p. 805), the Federal Ministers for Labour and Social Affairs and for Transport, in agreement with the Federal Minister for Food, Agriculture and Forestry, and with the assent of the Federal Council, decree as follows: 1 Scope of Ordinance (1) This Ordinance applies to the accommodation of crew members on merchant ships which are authorized to fly the Federal German flag. (2) This Ordinance does not apply to the accommodation of crews on fishing vessels up to 37 GRT. 2 Definition Within the meaning of this Ordinance, accommodation means the spaces listed below for the accommodation of the crew: 1. Living and sleeping quarters 2. Messrooms, including pantries and other day rooms 3. Patients rooms 4. Galleys, including store and provision rooms 5. Lavatories and washing facilities, including the facilities for washing, drying and ironing of clothing and lines (sanitary facilities) 6. Offices. E:\Eigene Dateien\Inhalt der zu verschickenden Disketten\Diskette 1 - Englisch\WOH_VO_E.DOC - 2-3 General Requirements (1) To protect the life, health and welfare of the crew, the shipowner shall ensure that they are accommodated according to the regulations in the Appendix to this Ordinance and otherwise in accordance with the generally recognized rules of technology. (2) In addition to the shipowner, the master shall ensure that the measures specified in Nos para 1 sentence 2, 1.154, 1.155, 1.22 para 1 sentence 1 and para 5, 1.23 para 3, 1.25 para 2 and para 3, 1.42 para 1 sentence 4 and para 2, and also 2.3 para 2 of the Appendix to this Ordinance are carried out. The master, or a ship s officer to whom he delegates the duty, shall inspect the living quarters and the other accommodation facilities at least once a week, accompanied by one or several crew members nominated by the crew; in the case of fishing vessels, inspection shall take place only during the voyage to and from the fishing ground. The results of each inspection shall be entered in the ship s logbook. (3) In providing accommodation for the crew, the shipowner shall take account of the religion and social practices of the crew. 4 Further Requirements See-Berufsgenossenschaft can, in individual cases where this appears necessary to protect the lives, health or welfare of the crew, lay down requirements over and above those in 3. 5 Exceptions (1) In individual cases, See-Berufsgenossenschaft can permit exceptions to the requirements of 3, provided that the protection of the lives, health and welfare of the crew are equally well safeguarded by the other measures specified. (2) In individual cases, See-Berufsgenossenschaft can permit exceptions to the requirements of 3 for ships of less than 1000 GRT and for fishing crafts if these requirements cannot be met by measures which are technically or economically justifiable, and the other measures to be taken are consistent with the requirement to protect the lives, health and welfare of the crew. In this connection, the measures shall not fall short of the requirements arising from the agreements of the International Labour Organization, viz. No. 92 of 1949 on crews quarters on board ship (amended version), No. 126 of 1966 on quarters on board fishing crafts and No. 133 of 1970 on crews quarters on board ship (supplementary orders), all published in the Bundesgesetzblatt [Federal Labour Gazette], section Work Protection - 3 - (3) Subject to sentence 2, See-Berufsgenossenschaft can, in individual cases, reduce the minimum floor area of living compartments prescribed in No para 1 or 2 of the Appendix to this Ordinance, if the ship must be temporarily over-occupied owing to circumstances for which the owner is not responsible. The floor area per crew member in living compartments shall not be less than a) 2.75 square metres on ships of less than 3,000 GRT, and b) 3.25 square metres on ships of 3,000 GRT or more. At the same time, See-Berufsgenossenschaft can permit the exceptions to 1.25 and of the Appendix to this Ordinance made necessary by the circumstances. (4) On passenger ships, See-Berufsgenossenschaft can, in individual cases, permit that 1. contrary to the regulation in No para 1 sentence 2 of the Appendix to this Ordinance, the living compartments can be located under the loadline, but not directly under passageways, provided that at least one day room which is open to daylight is available; 2. contrary to the regulation in No para 1 numbers 1 and 2 of the Appendix to this Ordinance, at the most four crew members can be accommodated in the same living compartment; 3. contrary to the regulation in No para 1 number 2 of the Appendix to this Ordinance, the messrooms are not separate from the living compartments when special conditions in these ships require this. 6 Approval of the Materials and Type of Construction (1) For 1. floors, walls and ceilings, 2. frames and slide-in boards of bunks, 3. mattresses and bed springs, 4. seating, 5. washbasins, baths and lavatories, only those materials may be used for accommodation which have been authorized by See- Berufsgenossenschaft on the application of the manufacturer. The same applies for type of construction of deck flooring and of the lavatories. (2) Approval will be granted when the material or the type of construction meets the requirements of 3 para 1 of this Ordinance; otherwise approval will be refused. Approval can be restricted, given for a limited period, or granted subject to conditions or compliance with certain instructions. Subsequent addition, alteration or supplementing of conditions is permissible insofar as these are necessary for the protection of life, health and welfare of the crew. (3) See-Berufsgenossenschaft will issue a certificate of approval to the manufacturer. The certificate will detail the essential features of the materials and types of construction listed - 4 - - 4 - in para 1, also restrictions, time limits, instructions and conditions. See- Berufsgenossenschaft will forward a copy of the certificate to the Expert Committee. (4) The approval can be withdrawn if, when it was issued, a requirement of 3 para 1 of this Ordinance was not complied with. The authorization can be rescinded if 1. circumstances subsequently arise which would justify refusal of the approval under para 2, 2. restrictions to the approval are not observed or instructions are not complied with within the given time limit. 7 Expert Committee (1) An expert committee will be formed to deal with the accommodation of members of the ship s company on merchant ships. This committee has the duty of: 1. formulating technical rules for the construction and equipment of accommodation spaces and other accommodation facilities, 2. advising the responsible Federal Ministers on questions of accommodation and proposing to them regulations corresponding to the latest state of science and technology, and 3. issuing comments before decisions are taken by See-Berufsgenossenschaft in accordance with 5 and 11 para 2. (2) The following experts should be members of the Committee: 1 representative of the industrial safety authorities 1 representative of the transport authorities 1 representative of the health authorities 1 representative of medical science 1 representative of See-Berufsgenossenschaft 1 representative of the shipyards 3 representatives of the trade unions 3 representatives of the shipowners. (3) The Federal Minister for Labour and Social Affairs appoints the members and their deputies in consultation with the Federal Minister for Transport. Membership is honorary. (4) The Committee will elect a chairman and deputy chairman from among its members and will formulate its rules of procedure. The rules of procedure require the approval of the Federal Minister for Labour and Social Affairs, who will make his decision in consultation with the Federal Minister for Transport. (5) The Federal Minister for Labour and Social Affairs, the Federal Minister for Transport and the highest federal-state authorities with responsibility for shipping matters have the right to send representatives to the meetings of the Committee. These representatives will be given the opportunity to address the meeting if they so request - 5-8 Hearing (1) Before See-Berufsgenossenschaft takes decisions under 5 and 11 para 2, it will obtain the comments of the Expert Committee. If the Expert Committee is unable to give a unanimous view, the representatives of the employees and those of the employers are entitled to issue separate statements. (2) If the Committee has unanimously formulated guidelines to be observed when the decisions are taken, See-Berufsgenossenschaft is not then required to obtain the comments of the Expert Committee. 9 Approval of Ships Construction Plans (1) Anyone placing an order for the building of a ship shall 1. before building work begins, submit to See-Berufsgenossenschaft the ship s construction plans from which the position of the accommodation spaces and other accommodation facilities can be seen, together with a statement of the number in the manning level and the range of trade, and 2. before construction work on the accommodation spaces is started, submit to See- Berufsgenossenschaft the plans showing in particular the purpose for which each room will be used, the materials and types of construction requiring authorization under 6, the arrangement of the furnishings and fittings, the type and layout of the ventilation, lighting, heating, air-conditioning, water-supply and sanitary equipment, and obtain See-Berufsgenossenschaft s approval. (2) Para 1 No. 2 applies correspondingly when the accommodation spaces of a ship are to be substantially altered. (3) The construction shall not deviate from the plans without the approval of See- Berufsgenossenschaft. 10 Instructions Issued by See-Berufsgenossenschaft In individual cases, See-Berufsgenossenschaft can give instructions for the carrying out of the measures necessary to discharge the duties laid down in this Ordinance. It has to inspect the accommodation spaces and other accommodation facilities of the ship, especially in the following cases: 1. before the ship is entered in a shipping register for ships to which this Ordinance applies, 2. when the accommodation of a ship has been substantially altered, or - 6 - when a trade union or at least two members of crew have complained to See- Berufsgenossenschaft that the accommodation does not meet the requirements of 3 of this Ordinance. 11 Transitional Regulations 1) Subject to the regulation of para 2, this Ordinance applies to all ships the keels of which are laid after this Ordinance comes into force. 2) On ships the keels of which were laid before implementation of this Ordinance the regulations of this Ordinance shall be applied insofar as a structural modification of the ship does not become necessary thereby. See-Berufsgenossenschaft can direct that a ship be altered to comply with the requirements of 3 of this Ordinance if the ship 1. is being built or converted when this Ordinance comes into force, 2. is built before this Ordinance comes into force and, not as the result of an accident or emergency, is to a) be substantially converted or b) undergo major repairs or 3. acquires the right to fly the Federal German flag after this Ordinance comes into force. 12 Publication A copy of this Ordinance shall be displayed in a suitable position on every ship. 13 Offences A shipowner who deliberately or negligently, contrary to 9 para 1 or 2, does not submit construction plans to See-Berufsgenossenschaft, or fails to do so in good time, or who does not obtain the approval of See-Berufsgenossenschaft, or contrary to 9 para 3 departs from the plans without approval, is committing an offence within the meaning of 127 No. 3 of the Seemannsgesetz [Seamen s Law] Berlin Clause According to 14 of the Drittes Überleitungsgesetz (Third Provisional Law] dated 4 th January 1952 (BGBl. I p. 1) in conjunction with 148 of the Seemannsgesetz [Seamen s Law], this Ordinance also applies in the State of Berlin. 15 Implementation (1) This Ordinance comes into force on 1 st January (2) With the coming into force of this Ordinance, the promulgation regarding crew accommodation, washing and bathrooms and lavatories for the crews of merchant ships dated 2 nd July 1905 (Reichsgesetzblatt [National Gazette], p. 563) is repealed. Bonn, 8 th February 1973 The Federal Minister for Labour and Social Affairs pp. Eicher The Federal Minister for Transport pp. Wittrock - 8 - - 8 - Appendix to the Verordnung über die Unterbringung der Besatzungsmitglieder an Bord von Kauffahrteischiffen [Ordinance on Crew Accommodation on Board Merchant Ships] Table of Contents 1. Accommodation 1.1 Requirements applying to all accommodation 1.11 Sea and fire risk emergency exits 1.12 Weather conditions cold, heat Insulation Pipework Heating 1.13 Condition of air Maintenance of clean air Ventilation, air-conditioning 1.14 Noise and vibration 1.15 Habitability Basic requirements Covering boards, deck flooring Floors, walls and ceilings Keeping space free from other objects Maintaining cleanliness Fitments and furnishings Vermin 1.16 Lighting Daylight, electric light Emergency lighting 1.2 Living compartments 1.21 Position and condition 1.22 Bunks 1.23 Other fitments 1.24 Floor area 1.25 Occupancy 1.26 Fitments for working and weatherproof clothing and bulky objects 1.27 Relaxation of rules for fishing vessels Position Bunks Floor area Occupancy 1.3 Messrooms, pantries and recreation rooms - 9 - Messrooms 1.32 Washing and storage equipment for dishes 1.33 Recreation rooms 1.34 Relaxation of rules for fishing vessels Messrooms 1.4 Galleys and storerooms 1.41 Galleys 1.42 Storage and provision rooms 1.5 Sanitary equipment 1.51 Washing facilities, lavatories Number Position of sanitary equipment Features of rooms Features of lavatory accommodation 1.52 Facilities for washing, drying and ironing clothes 1.53 Changing facilities 1.6 Sick bays 1.7 Offices 1.8 Waste 2. Fresh water tanks 2.1 Tanks 2.2 Pipes 2.3 Condition of water 3. Recreation facilities 3.1 Recreation spaces an deck 3.2 Swimming pools 3.3 Sun protection 1. Accommodation 1.1 Requirements applying to all accommodation 1.11 Sea and fire risk - emergency exits The accommodation spaces shall be provided with the emergency exits necessary for escape in the event of distress or fire. This does not apply 1. to accommodation spaces with accesses or windows providing a means of escape, 2. to spaces with lavatories and washing facilities for the exclusive use of the master or one member of the ship s company 3. to stores and provision rooms 1.12 Weather conditions - cold, heat Insulation The accommodation spaces, including the passageways, in that part of the ship set aside for accommodation of the crew shall be insulated against cold and heat from outside or from adjacent spaces. The insulation against cold shall not cause condensation. Machinery casings, steam or hot-water pipes which can affect the temperature in the accommodation spaces shall be insulated. Only non-combustible insulating material may be used Pipework 1. Steam pipes for winches and other machines shall not be laid in accommodation spaces, and, as far as possible, not in the passageways leading to the accommodation spaces. 2. Pipes carrying gases or liquids which could endanger health and which are under pressure, so that, in the event of leaks, the lives or health of the crew could be endangered, shall not be laid in accommodation spaces nor in the passageways leading to them Heating 1. The accommodation spaces shall be equipped with a heating system which ensures a satisfactory temperature under the weather and climatic conditions to which the ship will probably be exposed on the voyage. The heating system shall be kept on when the members of the crew live or work on board and weather conditions make it necessary. 2. The heating system shall be run only with hot water, hot air or electricity. On ships of less than 75 GRT stoves may be used for heating Condition of air Maintenance of clean air The accommodation spaces shall be so arranged and equipped that they are protected against contamination of the air from other parts of the ship. The air inlet openings of the mechanical ventilation system and the air-conditioning system shall be so placed that air which is contaminated with harmful or troublesome substances cannot be drawn in. The exhaust air from patients rooms and galleys and from rooms with sanitary facilities shall be vented direct to the open air Ventilation, air-conditioning 1. If the accommodation spaces do not have air conditioning, or are not connected to an air conditioning system, they shall be provided with mechanical ventilation which ensures adequate air renewal. 2. Accommodation spaces on ships which are regularly used for voyages in the tropics or other regions with similar climatic conditions, or for voyages to these regions, shall be equipped with air-conditioning units or shall be connected to an air-conditioning system on the ship. 3. The accommodation spaces shall be capable of being ventilated in some other way than that provided for in paragraph 1 and paragraph 2, e.g. by opening of windows, if the mechanical ventilation or air-conditioning system breaks down Noise and vibration The accommodation spaces, with the exception of storerooms and sanitary facilities, shall be so laid out and constructed that they are insulated, as far as this is possible at an economically justifiable cost, against noise and vibration, especially from the engine room, the ship s propeller, the cargo winches, the ventilation, heating and air-conditioning systems and other noise-generating machines and equipment Habitability Basic requirements The height from floor to ceiling of the accommodation spaces shall be at least 2 m. The accommodation spaces shall be suitably furnished Covering boards, deck covering The walls and ceilings of accommodation spaces, with the exception of galleys and lavatories, shall be lined with covering boards. Open decks above the accommodation spaces shall be provided with a covering of wood or equivalent material, and where the accommodation spaces are used for the permanent occupation of members of the crew, shall be fitted with footfall sound insulation Floors, walls and ceilings Floors, walls and ceilings shall not have any sharp edges. They shall be so made that they can be easily cleaned. The floors shall be anti-skid and moisture-repellent; water shall be able to run off. The surface of walls and ceilings shall be light in colour and water-tight and, regarding the noncombustibility, made in compliance with the requirements of the Schiffssicherheitsverordnung [Ordinance for the Safety of Seagoing Ships] dated 9 th October 1972 (BGBl. I p. 1933), as amended. The material used for the surface shall not be dangerous to health Keeping space free from other objects In the accommodation spaces, apart from things which are installed to permit use of the room for its intended purpose, only articles for the occupants personal use may be placed in the room Maintaining cleanliness The accommodation spaces shall be cleaned regularly Fitments and furnishings Furnishings shall not have any sharp edges. With the exception of the upholstered parts, they shall be made of a material which does not warp, is sufficiently strong, smooth and protec
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