Cap 369Y reg 1 Citation, interpretation and application (MERCHANT SHIPPING (SAFETY) (FIRE PROTECTION) (SHIPS BUILT ON OR AFTER 1 SEPTEMBER 1984) REGULATIONS; MERCHANT SHIPPING (SAFETY) ORDINANCE)

Contents of Section

Chapter:	369Y	Title:	MERCHANT SHIPPING (SAFETY) (FIRE PROTECTION) (SHIPS BUILT ON OR AFTER 1 SEPTEMBER 1984) REGULATIONS	Gazette Number:
Regulation:	1	Heading:	Citation, interpretation and application	Version Date:	30/06/1997

(1) These regulations may be cited as the Merchant Shipping (Safety) (Fire Protection) (Ships Built On or After 1 September 1984) Regulations.
(2) (Omitted as spent)
(3) In these regulations the following expressions have the following meanings respectively-
""A" Class division" ("A"級隔板) 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

above the initial temperature nor shall the temperature at any one point, including any joint, rise more than 180

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" (起居艙) means-

(a) public spaces;

(b) corridors and lobbies;

(d) lavatories;

(e) cabins;

(f) offices;

(g) hospitals;

(h) hairdressing salons;

(i) pantries not containing cooking appliances;

(j) lockers;

(k) games and hobbies' rooms;

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

"approved" (批准) means approved by the Director;
""B" Class division" ("B"級隔板) 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

above the initial temperature, nor shall the temperature at any one point, including any joint, rise more than 225

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 regulation 84, 100, 121 or 138;

"bulkhead deck" (艙壁甲板) means the uppermost deck up to which transverse watertight bulkheads are carried;
""C" Class division" ("C"級隔板) 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" (貨物區) 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 control station" (貨物控制站) means a space from which the loading, discharging or transferring of any cargo may be controlled;
"cargo pump room" (貨泵房) means a room in which any pumps used for loading, discharging or transferring cargoes are located;
"cargo ship" (貨船) means any ship which is not a passenger ship;
"cargo spaces" (貨艙) are all spaces used for cargo including cargo oil tanks, slop tanks and trunks to such spaces;
"central control station" (中央控制站) 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;

(d) fire door closure;

(e) watertight door indicator panel;

(f) watertight door opening and closing;

(g) ventilation fans;

(h) general/fire alarm;

(i) communication systems including telephones; and

(j) microphone to public address system; (L.N. 410 of 1995)

"chemical tanker" (化學品液貨船) means a tanker constructed or adapted and used for the carriage in bulk of any liquid product of a flammable nature listed in either-

(a) Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk; or

(b) Chapter VI of the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk,

whichever is applicable;
"closed ro/ro cargo space" (封閉式滾裝貨船) 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" (《散裝運輸危險化學品船舶構造和設備規則》) means the code so entitled adopted by the International Maritime Organization by Resolution A 212 (VII);
"Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk" (《散裝運輸液化氣體船舶構造和設備規則》) means the code so entitled adopted by the International Maritime Organization by Resolution A 328 (IX);
"combination carrier" (油類/散貨兩用船) means a tanker designed to carry oil or alternatively solid cargoes in bulk;
"Continuous "B" Class ceiling or lining" (連續"B"級艙內鋪板或襯板) means a "B" Class division forming a ceiling or lining which terminates only at an "A" or "B" Class division;
"continuously manned central control station" (持續有人手編配的中央控制站) means a central control station which is continuously manned by a responsible member of the crew; (L.N. 410 of 1995)
"Control room" (控制室) means a room either within or outside a propulsion machinery space from which propulsion machinery and boilers may be controlled;
"control stations" (控制站) 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" (原油) 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" (危險貨物) means goods as defined in the Merchant Shipping (Safety) (Dangerous Goods) Regulations (Cap 369 sub. leg. V) 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" (載重量) 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;
"equivalent material" (同等物料) 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;
"existing ship" (現有船舶) means a ship which is not a new ship;
"gas carrier" (氣體運輸船) 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 either-

(a) Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

(b) Chapter XIX of the Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk,

whichever is applicable;
"gas safe space" (氣體安全艙) 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" (惰性氣體系統指南) ( MSC/Circ 353 ) forms part of the publication "Inert Gas Systems" 1983 edition published by the International Maritime Organization;
"Hong Kong ship" (香港船舶) means a ship which is registered in Hong Kong;
"International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk" (《國際散裝運輸危險化學品船舶構造和設備規例》) means the code so entitled adopted by the International Maritime Organization by Resolution MSC 4(48);
"International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk" (《國際散裝運輸液化氣體船舶構造和設備規則》) means the code so entitled adopted by the International Maritime Organization by Resolution MSC 5(48);
"International Maritime Dangerous Goods Code" (《國際海運危險貨物守則》) (the IMDG Code) means the code of that name published by the International Maritime Organization; 1977 edition as amended by amendments numbers 1-20;
"length" (長度) 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" (空載重量) means the displacement of a ship in tonnes without cargo, oil fuel, lubricating oil, ballast water, fresh water in tanks, stores, together with passengers and crew and their effects;
"machinery space" (機艙) 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 space of Category A" (A類機艙) 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-fuel unit,

and any trunk to such a space;
"main vertical zones" (主垂直防火區) means the main vertical zones into which the hull, superstructure and deck houses of a ship are divided in accordance with regulation 76 or 92;
"Merchant Shipping Notice" (商船公告) means a Notice described as such, issued by the United Kingdom Department of Transport, and includes a reference to any document amending or replacing that Notice which is approved by the Director and notified to this effect in the Gazette;
"new ship" (新船舶) means a ship the keel of which is laid or which is at a similar stage of construction on or after 1 September 1984; (L.N. 410 of 1995)
"newly converted passenger ship" (新改裝的客船) means an existing ship other than a passenger ship which is converted into a passenger ship after 1 September 1984 such conversion having commenced after that date;
"non-combustible material" (非可能燃燒物料) means material which when heated to a temperature of 750^oC neither flames for longer than 10 seconds duration, nor raises either its internal temperature or the temperature of the test furnace more than 50^oC above 750^oC when tested in accordance with British Standard Specification 476: Part 4: 1970, and the expression "combustible material" (可能燃燒物料) shall be construed accordingly;
"oil-fired boiler" (燃油鍋爐) means any boiler wholly or partly fired by liquid fuel;
"oil-fuel unit" (燃油機組) 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 bar (0.18 N/mm2);
"open ro/ro cargo spaces" (開放式滾裝貨艙) are 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;
"passenger ship" (客船) means a ship carrying more than 12 passengers;
"post 1992 ship" (1992年後建造的船舶) means a ship the keel of which is laid or which is at a similar stage of construction on or after 1 February 1992; (L.N. 410 of 1995)
"post January 1994 ship" (1994年1月後建造的船舶) means a ship the keel of which is laid or which is at a similar stage of construction on or after 1 January 1994; (L.N. 410 of 1995)
"post October 1994 ship" (1994年10月後建造的船舶) means a ship the keel of which is laid or which is at a similar stage of construction on or after 1 October 1994; (L.N. 410 of 1995)
"public spaces" (公用艙) 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" (雷德蒸氣壓力) means the vapour pressure of a liquid as determined by laboratory testing in a standard manner in the Reid apparatus;
"rooms containing furniture and furnishings of restricted fire risk" (內設有限火警危險的家具及陳設的房間) means rooms in which-

(a) all case furniture such as desks, wardrobes, dressing tables, bureaux, dressers, is 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, tables is 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 Director; and

(e) the upholstered parts of furniture have qualities of resistance to the ignition and propagation of flame to the satisfaction of the Director;

"ro/ro cargo spaces" (滾裝貨艙) 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;
"sailing ship" (帆船) includes a ship provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion;
"service spaces" (服務艙) 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;
"special category space" (特種艙) 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" (標準耐火測試) 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 including 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^oC
At the end of the first 10 minutes	659^oC
At the end of the first 15 minutes	718^oC
At the end of the first 30 minutes	821^oC
At the end of the first 60 minutes	925^oC

"suitable" (適合) in relation to material means approved by the Director as suitable for the purpose for which it is used;
"surface spread of flame" (表面火焰蔓延) means the surface spread of flame classified as Class 1 or Class 2 within the meaning of British Standard 476: Part 7: 1971;
"tanker" (液貨船) means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;
"tons" (噸) 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 (Registration)(Tonnage) Regulations (Cap 415 sub. leg. C) is a reference to the larger of these tonnages; and

(b) in relation to a ship having its tonnage determined both under Part II and regulation 16 of those regulations is a reference to its gross tonnage as determined under regulation 16 of those regulations;

"water seal" (水封) 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" (露天甲板) means a deck completely exposed to the weather from above and at least 2 sides.

(L.N. 410 of 1995)

(3A) For the purpose of subregulation (3), construction of a ship reaches a stage of construction similar to that at which the keel of the ship is laid when construction identifiable with that ship begins and assembly of that ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural materials whichever is less. (L.N. 410 of 1995)
(4) 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;

(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

(i) a Merchant Shipping Notice,

shall include a reference to any document amending that publication which is considered by the Director to be relevant.

(5) (a) Subject to paragraphs (aa) and (b) these regulations shall apply to Hong Kong ships wherever they may be and to other ships while they are within the waters of Hong Kong which are - (L.N. 410 of 1995)

(i) new ships;

(ii) newly converted passenger ships,

and to the extent that the Director deems reasonable and practicable to any major repairs, alterations and modifications to existing ships commencing on or after 1 September 1984; provided that any such repairs, alterations and modifications carried out pursuant to a contract entered into before 1 September 1984 shall be deemed to have commenced before that date;

(aa) notwithstanding the provisions of paragraph (a), passenger ships of Class I, II or II(A) constructed before 1 October 1994 and carrying more than 36 passengers when undergoing repairs, alterations, modifications and outfitting related thereto involving the replacement of material of 50 tonnes or above, other than that required by subregulation (7), shall comply with all the requirements of these regulations which are applicable to passenger ships of Class I, II or II(A) constructed on or after 1 October 1994 and carrying more than 36 passengers; (L.N. 410 of 1995)

(b) these regulations shall not apply to-

(i) fishing vessels;

(ii) the following non-Hong Kong ships-

(A) cargo ships of less than 500 tons;

(B) troopships;

(D) a ship by reason of her being within the waters of Hong Kong if she would not have been therein but for stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) could have prevented.

(6) Any approval 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.
(7) Notwithstanding the generality of subregulation (5)-

(a) every passenger ship of Class I or II, and every passenger ship of Class II(A) of 21.34 metres in length or over, constructed before 1 October 1994 and carrying more than 36 passengers, shall comply with-

(i) regulations 10(8)(b) and (c), 79(3B), 80(6A)(b) and (d), 82(9)(e), 86(4)(a) and 110(5B) not later than 1 October 1997;

(ii) regulations 80(6A)(c) and 82(2A) not later than 1 October 2000; and

(iii) regulation 86(4)(b) not later than 1 October 2005 or 15 years after the date of construction of the ship, whichever is later; and

(b) every passenger ship of Class II(A) of less than 21.34 metres in length, constructed before 1 October 1994 and carrying more than 36 passengers shall comply with regulation 17(1)(c)(iii) and (2)(b)(iii) not later than 1 October 2000. (L.N. 410 of 1995)

(Enacted 1991)