SOR/2017-14: Vessel Fire Safety Regulations
REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE
February 3, 2017
REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The former Canadian vessel fire safety regulatory regime (former regulatory regime) was based on the international fire safety requirements in place under the International Convention for the Safety of Life at Sea (SOLAS Convention or Safety Convention) of 1960 and 1974 and on alternative Canadian require... (Click for more)
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Published on February 10, 2017
SOR/2017-14: Vessel Fire Safety Regulations
REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The former Canadian vessel fire safety regulatory regime (former regulatory regime) was based on the international fire safety requirements in place under the International Convention for the Safety of Life at Sea (SOLAS Convention or Safety Convention) of 1960 and 1974 and on alternative Canadian requirements for smaller and lower-risk vessels. Specifically, the regime was composed of the Fire Detection and Extinguishing Equipment Regulations, components of the Hull Construction Regulations and the Structural Fire Protection Standards: Testing and Approval Procedures (TP 439) published by Transport Canada (TC). Further to these instruments, supplemental vessel fire safety standards and guidelines published by TC included the Equivalent Standards for Fire Protection of Passenger Ships (TP 2237), the Guide to Structural Fire Protection (TP 11469) and parts of the Standards for the Construction and Inspection of Small Passenger Vessels (TP 11717). In 2002, the International Maritime Organization (IMO) revised the SOLAS Convention to enable a performance-oriented approach to fire safety regulations, in addition to a significant update to the established prescriptive approach. Chapter II-2 of the updated SOLAS Convention states new overall fire safety objectives and functional requirements that affect the obligations under both the Fire Detection and Extinguishing Equipment Regulations and the Hull Construction Regulations. Chapter II-2 also provides a methodology for meeting these new objectives and requirements by using alternative fire safety designs and arrangements. Therefore, the former regulatory regime was no longer consistent with the international requirements and needed to be modernized. Objectives The objectives of the Vessel Fire Safety Regulations (the Regulations) are to prevent fires and explosions on vessels; reduce the risk to life caused by fire on vessels; reduce the risk of damage caused by fire to a vessel, its cargo and the environment; contain, control and suppress fires and explosions on vessels in the compartment of origin; provide adequate and readily accessible means of escape for passengers and crew on vessels in case of fire; and ensure harmonization with current international standards and requirements with respect to fire safety on vessels. The Regulations address unique Canadian circumstances, such as the likelihood of equipment being unusable due to freezing and the necessity to accommodate vessels that operate seasonally or in close proximity to shore. Canadian modifications or alternative requirements in the Regulations are based on risk and other factors, including vessel size and nature, as well as voyage duration and area of operation. Description The Regulations repeal and replace the Fire Detection and Extinguishing Equipment Regulations and components of the Hull Construction Regulations. The Regulations are designed to be easily accessible for industry, as regulatory requirements related to fire safety aboard vessels are streamlined by consolidating the requirements for structural fire protection, the means of fire escape and active fire suppression systems. The Regulations also permit the use of modern technologies, such as new types of fixed fire safety systems or equipment that were not available under the former regulatory regime. The Regulations cover safety procedures, detection and alarm, fire extinguishing, and escape on board Canadian vessels that are of more than 15 gross tonnage and vessels of not more than 15 gross tonnage that are carrying more than 12 passengers. The Regulations provide a streamlined and updated regulatory regime for fire safety on board vessels that is easier to understand and uniformly implementable across the shipping industry, leading to increased safety for all persons aboard a vessel. The Regulations do not apply to the following vessels: pleasure craft; fishing vessels; high-speed craft complying with the IMO International Code of Safety for High-Speed Craft, 1994 and 2000; wooden vessels of primitive build; vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas; and nuclear vessels. These vessels will continue to meet fire safety requirements applicable to them under other regulations (e.g. Small Vessel Regulations). The Regulations are structured into four parts. The provisions of the first three parts are based on vessel size, number of passengers and function. The fourth part contains consequential amendments, a related amendment, and repeal and coming-into-force provisions. Generally, with some exceptions, each part applies as follows: Part 1 specifies the classes of vessels for which compliance with the recommendations on fire safety systems of the revised SOLAS Convention is mandatory. The classes of vessels include passenger vessels that are Safety Convention vessels; cargo vessels of 500 gross tonnage of more; non-Safety Convention passenger vessels 24 m or more in length; passenger vessels of more than 15 gross tonnage but of less than 24 m in length transporting more than 36 berthed passengers; and vessels carrying dangerous goods other than in limited quantities. The requirements will vary from the SOLAS Convention requirements where necessary to reflect circumstances that are specific to the Canadian maritime shipping environment. Part 2 sets out the requirements for structural fire protection for cargo vessels of 24 m or more in length but less than 500 gross tonnage; and for passenger vessels that are non-Safety Convention vessels of 24 m or more in length, on limited voyages and carrying fewer than 100 unberthed passengers. Part 3 applies to non-Safety Convention vessels that are non-passenger-carrying vessels of less than 24 m in length but more than 15 gross tonnage; passenger-carrying vessels over 15 gross tonnage and under 24 m in length carrying not more than 36 berthed passengers; and passenger-carrying vessels of 15 gross tonnage and under that are carrying more than 12 passengers. Part 4 contains necessary amendments to other regulations as a consequence of the introduction and the coming into force of the Regulations. Of note, the Regulations introduce performance-based alternatives to certain requirements of the SOLAS Convention with respect to fire safety and provide specific details on engineering specifications, testing, inspection, maintenance, and other technical details addressed in codes and guidelines, which are incorporated by reference in the SOLAS Convention and in the Regulations. This provides all Canadian vessels with a modern fire safety regime that is harmonized with international requirements. Part 1 For vessels to which Part 1 applies, the Regulations are structured to incorporate the new SOLAS Convention requirements by reference, as amended from time to time. Recognizing that the SOLAS Convention leaves certain discretionary items to be decided by each country to address international requirements or unique conditions, the Regulations make use of the flexibility provided in the SOLAS Convention by specifying some Canadian modifications. The specific Canadian modifications to the SOLAS Convention provisions address unique Canadian circumstances, such as the likelihood of equipment being unusable due to freezing or the necessity to accommodate vessels that operate seasonally or in close proximity to shore. For example, in addition to the isolating valves required by the SOLAS Convention, valves must also be fitted to sections of the fire main that are subject to freezing. A fire pump’s sea connection must have arrangements to prevent blockage of the connection’s inlet by ice, slush or debris. The list below under the subheading “Canadian modifications to SOLAS Convention provisions” highlights the principal modifications to the SOLAS Convention. The SOLAS Convention In 2002, the fire safety requirements in the SOLAS Convention were significantly revised to enable a performance-based approach to regulating fire safety, in addition to the updated existing prescriptive requirements. Many prescriptive details, engineering specifications, testing, inspection, maintenance, and other technical provisions that were covered by the SOLAS Convention have been removed and are now covered in codes and guidelines that are incorporated by reference in the SOLAS Convention. These include the International Code for Fire Safety Systems and the International Code for Application of Fire Test Procedures, 2010. The Regulations incorporate by reference several SOLAS Convention requirements respecting fire safety. They replace the former regulatory regime’s prescriptive requirements pertaining to inspection, operational readiness and maintenance with performance-based provisions and guidelines requiring instructions, schedules, and records to maintain and monitor the effectiveness of fire safety measures. Maintenance, testing and inspections by crew members, service providers and others will be carried out to ensure the reliability of fire protection systems and fire-fighting systems and appliances. New SOLAS Convention requirements relating to fire safety provide an assessment methodology for engineering analysis, evaluation and approval to determine alternative design and arrangements that deviate from prescriptive requirements. This will enable future technological and engineering advances to be instituted in a timely manner and at a lesser cost. New design criteria and requirements for large passenger vessels (having a length of 120 m or more or having three or more main vertical zones) are introduced for systems and services to remain operational for the vessel’s safe return to port under its own propulsion after a casualty due to fire (depending on the casualty threshold); for the orderly evacuation and abandonment of a vessel after a fire, if the casualty threshold is exceeded; and to provide a safety centre to assist with the management of emergency situations following a fire. For larger vessels (500 gross tonnage or more) requiring some additional fire safety equipment, such as emergency breathing devices, the new requirements will come into force one year after the day on which the Regulations come into force, with some exceptions. The provisions of Chapter II-2, Part E, of the SOLAS Convention, which relate to operational requirements pertaining to operational readiness, maintenance, and procedures in case of fire, will also be subject to a one-year phase-in on existing vessels, with some exceptions. Canadian modifications to SOLAS Convention provisions Canadian modifications to the SOLAS Convention requirements are kept to a minimum. Smaller vessels of less than 500 gross tonnage not subject to the SOLAS Convention and those operating closer to shore will be provided with simplified and, in many cases, less stringent or less onerous alternative “stand alone” requirements or options to the SOLAS Convention requirements. The following highlights some specific Canadian modifications to the SOLAS Convention: modification to the definition of “A” class divisions, which includes the criterion that the insulation on the decks and bulkheads be held in place in accordance with (a) the certification or type approval, and (b) the manufacturer’s instructions. new near coastal and sheltered waters voyages classifications as defined in the Vessel Certificates Regulations (VCR) and the definition of a “near coastal voyage, Class 2, limited,” which is limited to five nautical miles from shore, maintain current Canadian areas of operation for certain vessels and provide less onerous requirements than those in the SOLAS Convention; clarification of the requirements for the use of organic foam combustible insulation for refrigerated and cargo spaces; clarification of the requirements for the fire resistance of plastic pipes; requirements for the installation of smoke detectors in cabin and service spaces; clarification of the requirements for enclosed stairways in cargo vessels and passenger vessels carrying not more than 36 passengers; clarification of the requirements for fire doors, as these doors must be properly identified, fitted with a remote release of a fail-safe type and be capable of operation at the door and from the wheelhouse; clarification of the requirements for fire pumps and hydrants with regard to location, installation, and protection from freezing, such as the reduction from two to one fire hose jet on smaller vessels. Arrangements to prevent blocking from ice and slush of the pumps’ sea connections, arrangements to prevent freezing of exposed fire lines and prescriptions for the installation of fire pumps, which must be self-priming and fitted with non-return valves and pressure gauges; clarification on the quantity and location of portable firefighting equipment, such as fire extinguishers and fire axes; extension of the application of certain SOLAS Convention provisions, such as requiring cargo vessels (in addition to passenger vessels) to have the means of escape, including stairways and exits, marked by lighting or photo-luminescent strip indicators at all points of escape routes including angles and intersections, as well as requiring all vessels of 15 gross tonnage or more carrying dangerous goods, other than in limited quantities, to obtain a Document of Compliance; requirement for all vessels of 24 m or more in length to have a public address system or other means of communication in specified areas by no later than one year after the day on which the Regulations come into force. This requirement was already existing in the former regulatory regime for cargo vessels of 500 gross tonnage or more, and the Regulations extend the requirements to vessels that are at least 24 m in length, which is already a common industry practice, making it applicable to approximately 10 additional vessels each year; and for vessels of less than 500 gross tonnage that are not Safety Convention vessels and/or that voyage beyond a near coastal voyage, Class 2, a reduction in the requirements for elements, such as large foam extinguishers in the engine room, portable foam applicators, fixed water-based local application systems; fire pumps, number of hydrants, and water jets; portable equipment such as fire-fighter outfits, emergency escape breathing devices, and spare charges for extinguishers; and structural fire protection. Part 2 As an alternative to the incorporated SOLAS Convention requirements, the Regulations include simpler Canadian requirements regarding structural fire protection for lower-risk vessels to which Part 2 applies. These requirements are replacing the structural fire protection of Part 1 that are not applicable to the vessels subject to Part 2. There are certain vessels, such as cargo vessels of less than 500 gross tonnage, to which former fire safety requirements for structural fire protection do not apply. For such vessels, there are new requirements applicable to vessels constructed after the Regulations come into force. These simple requirements protect the vessel from fire occurring in a space of higher fire risk, such as the engine room, and offer protection to control stations, such as the wheelhouse, in case of a fire emergency. These requirements are, for the most part, based on current industry practices and on international requirements for similarly sized vessels. The requirements also permit the use under certain conditions of combustible construction materials, such as fiber-reinforced plastic (composite material) or wood, which are prohibited under the SOLAS Convention for the larger vessels to which Part 1 applies. For passenger vessels to which Part 2 applies, the requirements are based on existing Canadian standards and industry best practices. The following highlights some other specific requirements contained in Part 2: requirements for the use of organic foam combustible insulation for refrigerated and cargo spaces; requirements for ventilation trunks, ducts, penetrations, and dampers, such as the requirements for non-combustible construction of ducts, the manual operation of fire dampers from both sides of the division, and more specific construction details for the penetration of ducts through decks and bulkheads; requirements for flame-spread, smoke and toxicity of surface-covering materials; requirements for the fire resistance of plastic pipes; requirements for storage of highly flammable liquids or liquefied gases; and requirements for means of escape for accommodation spaces and machinery spaces. Part 3 For vessels to which Part 3 applies, the Regulations are based on specific Canadian requirements for structural fire protection, fire safety systems, and equipment to address the particularities of these types of vessels and the associated level of risk. The requirements are based on the existing Fire Detection and Extinguishing Equipment Regulations, adopt existing standards, impose new obligations and build on industry best practices. For smaller-sized vessels, the early detection of fire in all spaces and the containment and rapid extinction of fire in the machinery space, where the majority of fire and explosions occur, are addressed in the Regulations via requirements for automatic fire detection and alarm systems, fixed gas fire-extinguishing systems, as well as the use of fire insulation or fire-retardant materials in specified areas. Previously, fire safety requirements for structural fire protection, fire detection, and a fixed gas fire-extinguishing system in the engine room did not apply to non-passenger-carrying vessels of less than 24 m in length due to their smaller size or the fact that they operate in areas that pose lower risks than vessels that voyage internationally. For such vessels, there are some new requirements applicable to vessels constructed after the Regulations come into force. These requirements are for the most part based on current industry practices and on international standards for similarly sized vessels. The new requirements reflected in the Regulations follow established industry standards, which most new vessels are already meeting, and are expected to impact fewer than 10 vessel constructions per year. These new requirements include the installation of a fire detection and alarm system in the accommodation spaces, machinery and service spaces of non-passenger vessels; the installation of a fixed fire-extinguishing system and structural fire insulation in the machinery space of non-passenger-carrying vessels; limitations on the surface flammability of interior finishes; and a restriction on the amount and carriage of certain flammable liquids not used for the operation of the vessel. As a best business practice, most new vessels are currently fitted with these items voluntarily to protect the life of the crew and the value of the investment and for insurance reasons. The cost of structural fire protection is minimal to nil, as the new requirements are mostly addressed by using different materials (e.g. fire insulation instead of sound or thermal insulation). For vessels to which Part 3 applies, the incremental cost of these additional requirements, which are mostly due to the installation of a fire detection and extinguishing system, is estimated to be between $1,000 to $10,000 per vessel, depending on the size of the vessel, the configuration and the selected systems. Part 4 Upon the coming into force of the Regulations, the Fire Detection and Extinguishing Equipment Regulations, Parts III to VI, IX and X, and certain other sections (for instance 84, 94 to 97) related to fire safety, of the Hull Construction Regulations and related incorporated standards will be repealed. These Regulations will also make consequential amendments to the following regulations: Large Fishing Vessel Inspection Regulations; Marine Machinery Regulations; Marine Personnel Regulations; Cargo, Fumigation and Tackle Regulations; Transportation of Dangerous Goods Regulations; and Maritime Occupational Health and Safety Regulations. These consequential amendments are made to either remove requirements in existing regulations that conflict with those of the Vessel Fire Safety Regulations, or to update the cross-referencing in current regulations to add the Vessel Fire Safety Regulations, and to keep the reference to the Fire Detection and Extinguishing Equipment Regulations for grandfathered vessels. Alternative options in Parts 2 and 3 To reduce the cost of compliance for cargo vessels of less than 500 gross tonnage and passenger vessels carrying fewer than 100 passengers and no berthed passengers on limited voyages, Part 2 specifies Canadian requirements regarding structural fire protection. These requirements provide simpler alternative options compared to those in the SOLAS Convention and Part 1, such as requirements for structural insulation for machinery spaces, galleys, control stations, corridors and stairways; use of material other than steel for the vessel hull and accommodation spaces; and simplified requirements for fire protection of ventilation ducts. To reduce the cost of compliance for smaller vessels of less than 24 m in length, Part 3 of the Regulations includes alternative options to certain requirements under the SOLAS Convention, such as those respecting the use of fire insulation and surface finish material. The alternatives offer the choice of more than one standard, including marine and commercial standards, and certification of products by different third parties, such as a product certification body, testing laboratory or recognized organization. Fire safety systems, equipment and materials will, for the most part, be marine-type approved; however, rather than require the use of customized systems designed, engineered and built for all vessels, the Regulations permit smaller vessels to use commercially available “off the shelf” systems and materials. These systems and materials meet acceptable industry-recognized standards and practices while costing less. For SOLAS Convention vessels, all structural materials must be approved according to the requirements of the International Code for Application of Fire Test Procedures, 2010 (2010 FTP Code); this includes insulation and floor coverings (e.g. carpet, vinyl tiles). Given that these materials are specific to marine use and taking into account that the shipbuilding industry in Canada is limited, there are very few Canadian manufacturers and there is limited distribution of these products in Canada. This makes procurement difficult in low quantity and within a reasonable time frame for smaller vessel projects. Therefore, as an alternative to the 2010 FTP Code requirements, the Regulations permit the use of Canadian or U.S. commercial standards or other solutions (such as the use of “30-minute fire rated insulation”) that do not require marine approval, and allow the use of commonly available materials. For example, floor coverings may comply with the standards published by the Underwriters’ Laboratories of Canada (ULC) or the American Society for Testing and Materials (ASTM) as an alternative to compliance with the 2010 FTP Code requirements. “One-for-One” Rule The “One-for-One” Rule does not apply to the Regulations, as there is no change in administrative costs to business. Since most of the requirements contained in the Regulations were already in force in the former Canadian vessel fire safety regulatory regime and are in keeping with common industry standards and best shipping practices, most vessels already meet and in some cases exceed the requirements contained in the Regulations. For those vessels that do not, no additional administrative burden is anticipated. Therefore, the “One-for-One” Rule does not apply. Small business lens The small business lens does not apply to the Regulations. Moreover, the Regulations are anticipated to reduce compliance costs for smaller ships, which are typically characterized as small businesses, since these lower-risk vessels will be provided a simpler means to comply with requirements regarding structural fire protection. Consultation The policy of the Regulations has been shared with industry and developed with it since the inception of this project. Consultation drafts were shared in the fall of 2006 and sharing continued through 2010. Legal drafting of the Regulations was initially completed in June 2011 but, for a two-year period, the regulatory process was delayed in order to accommodate amendments to the Transportation of Dangerous Goods Regulations (which were published in the Canada Gazette, Part II, on December 31, 2014) and amendments to the Canada Shipping Act, 2001, made by the Jobs and Growth Act, 2012, regarding variations of externally produced material and the scope of incorporating that material by reference in the Regulations. Status updates to stakeholders with respect to advancing this file commenced in the spring of 2012 and were routinely provided up until the latest national Canadian Marine Advisory Council (CMAC) meeting held in the spring of 2016. Industry stakeholders have taken many opportunities to be actively involved in the development of a modernized regulatory fire safety regime, and are in full support of the implementation of the Regulations, which will provide uniform requirements for fire safety on board vessels. Stakeholders have been encouraged throughout the regulatory process to share and provide comments on the array of documents presented, such as discussion papers, presentations, progress papers and written and verbal information. None have put forward any objections to the policies and concepts upon which the Regulations are based. Only a few formal comments have been received outside of the CMAC meetings, and they were considered and addressed by TC when it developed the Regulations. Recognizing the lack of flexibility provided by the current regulatory regime, in 2012, TC published a policy and an alternative standard (Canadian Supplement to the SOLAS Convention — TP 15211) to allow the use, on application to the Marine Technical Review Board (MTRB), of the updated SOLAS Convention requirements with Canadian modifications as an alternative to the former regulatory regime; these are reflected in the Regulations. Recognizing that this new regime is more modern and appropriate for new vessels, in most cases the authorized representatives have benefited from using this alternative. Concerns raised prior to prepublication Throughout the consultation process, the marine industry expressed the desire for more options with regard to the installation of equipment, materials and systems for fire suppression. In light of this, the Regulations provide flexible options for smaller vessels to use commercially available “off the shelf ” equipment, materials and systems, rather than requiring the installation of custom-designed and custom-engineered equipment, materials and systems, which are typically more expensive. Using a risk-based approach, TC has accepted this flexible option to ensure that safety will not be compromised. The Regulations also address certain recommendations made by the Transportation Safety Board (TSB). Of note, the TSB has recommended that large Canadian passenger vessels (of more than 500 gross tonnage) meet a standard of structural fire protection and functional integrity of systems that ensures a level of safety equivalent to that of SOLAS Convention-compliant vessels. Moreover, the TSB also recommended that regulations respecting fixed fire-extinguishing systems be reviewed to ensure their design and their maintenance, inspection, and testing regimes effectively demonstrate continued structural and functional integrity. These recommendations are addressed through the incorporation by reference of the design requirements under the SOLAS Convention in the Regulations and they apply to passenger vessels of 24 m or more in length, as well as to cargo vessels. The maintenance, inspection and testing aspect will be addressed by the incorporation of the operational readiness and maintenance requirements of the SOLAS Convention. Comments following prepublication The proposed Regulations were prepublished in the Canada Gazette, Part I, on February 6, 2016, followed by a 60-day comment period. TC received a total of 19 comments from stakeholders, which are summarized in the following paragraphs. In terms of Class A structural insulation requirements, with the stakeholder comment noting that the Regulations make reference only to the manufacturers’ instructions for the associated requirements. The comment explained that this may be confusing, as there are also conditions on the type approval certificate for Class A structural insulation requirements. A change was made to this requirement to state that fire insulation must be secured on a protected surface in accordance with both type approval and manufacturer instructions, with a removal of the details about studs and clips. Another stakeholder was concerned with the limitations on grandfathering, stating that the use of the term “substantially” is vague, and should be clarified. Although this comment was considered, no change has been made, since “substantial” is the wording used in SOLAS and related guidelines and interpretations, which have been in use in Canada and internationally for a long period. In terms of the Application section of Part I of the Regulations, a stakeholder comment noted a potential overlap between the Regulations and the existing Hull Construction Regulations. No change was made, since this potential overlap was identified without taking into consideration that the relevant Hull Construction Regulations requirements are repealed by the new Regulations. With regard to appliances and stopping devices of ventilation, a comment stated that automatic shut-down is not required by SOLAS and may create an unsafe condition in certain cases. A change was made to remove the requirement for automatic shut-down of non-essential services. Only the Canadian modifications that add “means of control” (e.g. remote stop) to additional equipment, such as hydraulic oil, remain. For trunks and ducts of ventilation systems, one comment noted that the Canadian modifications were no longer needed in light of recent MTRB decisions relating to certain projects using the Canadian Supplement to the SOLAS Convention and considering the latest amendment to SOLAS Chapter II-2 regulation 9.7 adopted by IMO Resolution MSC.365(93). The resulting change is the deletion of Canadian modifications for trunks and ducts. In terms of plastic pipes, the need for the clarification of the applicable standards was identified. A change was made to add a reference to the IMO Resolution A.753(18), Guidelines for the Application of Plastic Pipes on Ships. An amendment is also made to Marine Machinery Regulations Division II of Part I of Schedule IX to avoid any conflict between the application of the two regulations. This amendment will also allow vessels subject to the Marine Machinery Regulations, but that are not subject to the Vessel Fire Safety Regulations to use plastic pipes if desired, provided they meet the same requirements. With regard to the construction of “A” Class doors, a comment received requested clarification of door gap requirements. In order to clarify these requirements, a change was made to remove some Canadian modifications for the door gaps, and a modification to indicate that the door gap, once installed, has to be the same as when tested. In terms of ventilation systems and dampers in galley ducts, a need for clarification regarding automatic damper requirements was identified in consideration of recent SOLAS amendments. In order to clarify these requirements, a change was made to remove the Canadian modifications other than the requirement to have a galley ventilation system separated from other ventilation systems on all cargo vessels and all passenger vessels. For separate ventilation systems in stairway enclosures, the need for clarification of requirements was identified. To clarify, a change was made to indicate that the requirement to have separate ventilation system applies only when the stairway is penetrating more than one deck. In terms of the details of ventilation duct construction and penetrations, a change was needed in light of recent MTRB decisions relating to certain projects using the Canadian Supplement to the SOLAS Convention and considering the latest amendment to SOLAS Chapter II-2, regulation 9.7 adopted by IMO Resolution MSC.365(93). The Canadian modification was subsequently deleted as the new international standard achieves a similar outcome. Following a comment with regard to pressure containers (gas cylinders), the expression “notified body designated by the United Kingdom” has been changed to “notified body designated by a Member state of the European Union” which is aligned with the application of the Directive 2010/35/EU of the European Parliament and the Council. Another comment led to a modification relating to exit signs, to align with the National Building Code of Canada which has been amended to require green and white photoluminescent or illuminated exit signs, as described in two standards published by the International Organization for Standardization (ISO), instead of red exit signs. Part I of the Regulations already requires these ISO signs through the incorporation of SOLAS. Stakeholder comments were also received on the topic of fixed aerosol fire-extinguishing systems, noting that certain aerosol fire-extinguishing systems are now approved for Class A deep-seated fires and should, therefore, be permitted on wooden or composite vessel. After consideration, a change was made to remove the prohibition for aerosol systems on wooden and composite vessels, and to add a requirement that the aerosol systems on those vessels have two independent complete charges of aerosol, similar to the requirements for gas systems. A requirement was also added to require that fixed aerosol fire-extinguishing systems for use on wooden or composite vessels must be certified or type approved for deep-seated fires in Class A materials. Upon consideration of another comment, an exemption to the new Regulations 21, 22 and 23 of Chapter II-2 of SOLAS for casualty threshold, safe return to port and safe areas and safety centre on passenger ships was added for non-Safety Convention vessels that are not operating beyond near coastal, Class 2 voyages. This exemption is similar to the policy agreed to with the stakeholders when the Canadian Supplement to the SOLAS Convention was developed in 2012. A number of consequential amendments to existing regulations were also added to ensure accurate cross-referencing as well as coherence with these new Regulations. For example, the definitions of “combustible material,” “hotel ship,” “incombustible material,” “control station,” “public rooms” and “standard fire test” from the Hull Construction Regulations are repealed. Other non-substantive changes were also made to the Regulations following publication in the Canada Gazette, Part I, the intent and the main components or requirements of the amended provisions remain unchanged. An example of such a change involved the removal of the definition of “air cushion vessels” in the Interpretation section and the separate listing of this vessel type in the Application sections of Parts 1, 2 and 3 of the Regulations. The comment noted that air cushion vessels are a type of high-speed craft subject to the international Codes of safety for high-speed craft (HSC Code), and given that high-speed crafts are already listed in the Interpretation and Application sections of the Regulations, there is no need to refer to “air cushion vessels” separately. Therefore, a change was made to remove the definition for air cushion vessels in the Interpretation section and the removal of air cushion vessels from the Application sections of the Regulations. Another example of a non-substantive change was the replacement of the term “Classification Society” by “Recognized Organization” throughout the Regulations. Other changes were made to use consistent wording when possible for similar requirements across Part 1, 2 or 3 of the Regulations; for example, the requirements for fire pump impellers in Parts 1 and 3, which were technically similar but used different wording, have been harmonized. Another change has been made to clarify the requirements for approval of fire safety materials, systems and products. The requirements for approval by the Minister, product certification bodies and recognized organizations have been aligned across the parts by moving definitions from Part 3 to the beginning of the Regulations, and by grouping the approval of materials, systems and products that must conform to the requirements of the FTP Code and the FSS Code in sections 2 and 3 of the Regulations. The Department also highlighted to stakeholders that a minor error was noticed in the French version of the published Regulations in the Canada Gazette, Part I, whereby item I of subsection 309(1) was repeated between paragraphs (a) and (b) of item 2. Transport Canada presented all of the comments received and the proposed modifications to address these comments for this regulatory project at the 2016 Spring CMAC meeting. It has also posted the presentation made by Transport Canada at the CMAC meeting on the CMAC website for stakeholders who were unable to attend. All proposed changes were received positively by the stakeholders in attendance at the CMAC meeting. This established consultation process for regulatory projects ensures the highest level of consultation and transparency. Rationale The majority of the requirements contained in the Regulations were already in force in existing regulations and standards, such as the Fire Detection and Extinguishing Equipment Regulations, the Hull Construction Regulations and the Structural Fire Protection Standards: Testing and Approval Procedures (TP 439), and provide a very high degree of safety. The Regulations aim to be easier for industry to understand because regulatory requirements related to fire safety aboard vessels are now streamlined through consolidated requirements for structural fire protection (which include provisions related to fire divisions and ventilation), and for means of escape and active fire suppression systems (e.g. fire pumps, hydrants and fire-extinguishing systems). The Regulations also permit the use of modern technologies, such as new types of fixed fire safety systems or equipment that are not available under the former regulatory regime. In addition to the prescriptive requirements, the Regulations offer the alternative design and arrangements permitted by the SOLAS Convention and provide specific details on engineering specifications, testing, inspection, maintenance, and other technical details addressed in codes and guidelines. These are incorporated by reference in the SOLAS Convention and the Regulations. This provides all Canadian vessels with a modern fire safety regime that is harmonized with international requirements. Benefits and costs The primary benefits of these Regulations are the prevention of fires and explosions on vessels and the reduction of the risk to life at sea caused by fire. Moreover, the Regulations aim to reduce the risk of damage caused by fire to a vessel, its cargo and the environment, in addition to containing, controlling and suppressing fires and explosions in the compartment of origin. The Regulations also provide for adequate and readily accessible means of escape for passengers and crew when needed. An additional benefit of this modernized regime is that it is more readily and quickly adaptable to new technologies and methodologies. It is anticipated that these benefits will outweigh the costs that will be assumed to address any new or updated requirements resulting from the Regulations. Authorized representatives of Canadian passenger and cargo vessels will experience minimal impact in order to comply with the new requirements, which remain similar to those previously in place. Therefore, in most cases, the impact will not be substantial. The initial costs associated with compliance with the Regulations for existing Canadian vessels (approximately 2 000 vessels) are estimated to be low. Costs are mainly related to (1) reviewing safety and operational procedures to verify that the new regulatory requirements are met, which is already required by the existing regulations and the Canada Shipping Act, 2001; and (2) procuring or updating certain equipment, such as emergency escape breathing devices, at a cost of $500 each. The number of emergency escape breathing devices required per ship will be between two and eight, as determined in the Regulations, according to the vessel size and configuration. TC estimates that these costs will be about $2 million across the industry. For new vessels constructed after the coming into force of the Regulations, which represents on average 35 small vessels and 17 large vessels per year, the total average annual incremental costs associated with purchasing and installing fire safety materials, systems, equipment, and gear based on the new structural, engineering, and technological advances are estimated to be less than $500,000. The present value of the Regulations, based on a time horizon of 10 years, represents approximately $3.5 million. The Regulations also adopt the SOLAS Convention methodology for alternative design and arrangements for fire safety on board vessels. Fire safety design and arrangements may deviate from the prescriptive requirements of SOLAS, Chapter II-2, provided that the design and arrangements meet the fire safety objectives and that the functional requirements are based on engineering analysis, evaluation, and approval in accordance with the regulation 17 of SOLAS, Chapter II-2. This will allow for recognition of technological and engineering equivalents and advancements. For smaller vessels, the Regulations also offer alternatives that allow for the use of commercially available material. These alternatives will simplify the procurement of material and help reduce the cost of compliance with the Regulations. There may also be costs involved for industry stakeholders to purchase or otherwise obtain copies of the SOLAS Convention, which may be purchased at a cost of $165. However, most designers, shipbuilders and ship owners already have access to the documents referred to in the Regulations to meet other existing Canadian regulatory requirements. All other required reference documents, codes, guidelines, standards, etc., are accessible for viewing and available for review in electronic format at no cost from the IMO and other sources in both official languages. All amendments to the above documentation, including the SOLAS Convention, may be obtained in electronic format at no cost from the IMO. Implementation, enforcement and service standards The Canadian public expects industry and the Government to provide the safest means possible for commercial and public marine transportation. The Regulations are designed to further improve fire safety on board vessels, prevent or minimize injuries, and reduce the loss of life resulting from a fire. They are also in line with international maritime requirements and will be implemented uniformly across the shipping industry, resulting in improved safety for all on board a vessel. The enforcement of the Regulations will be made in accordance with the TC Policy on Compliance and Enforcement of the Canada Shipping Act, 2001 for the safety of shipping and the protection of the marine environment. TC will use a graduated enforcement approach with respect to the implementation of the Regulations. The enforcement objective is to permit industry to take corrective action first, especially for minor infractions, rather than to proceed immediately with issuing monetary penalties and/or summary convictions. The cornerstone of the enforcement program will be the inspection of vessels for the purpose of issuing Canadian maritime documents for vessels that comply with the Regulations. Verbal counselling or warning letters will be used when an offender commits a minor contravention, and may be accompanied by an assurance of compliance rather than immediately issuing a notice of violation. For serious infractions, the Canada Shipping Act, 2001 provides for maximum fines upon summary conviction of $1,000,000, or 18 months in prison, or both, for violations of regulations made under Part 4 of that Act, which will include the Regulations. These Regulations come into force on the day on which they are registered. TC officials will review the implementation of the Regulations in order to develop schedules of violations so that enforcement may be applied by amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations (also made pursuant to the Canada Shipping Act, 2001), which will add to the enforcement options available to the Minister of Transport. Grandfathering provisions All existing vessels are grandfathered for construction, systems and equipment requirements relating to fire safety, but will have to meet the requirements pertaining to operations, maintenance, and procedures associated with issues such as cargo tank purging and gas freeing, maintenance and monitoring of the effectiveness of the fire measures, operational readiness of fire-fighting systems and appliances, proper instructions for training and drills, as well as the provision of information, plans, and instructions in relation to fire safety in both English and French. Various configurations of these requirements already exist in current regulations, standards and guidelines, and are consistent with established industry practices. The main difference now is that the requirements will be uniform and supported by an appropriate regulatory framework. The Regulations contain grandfathering and phase-in provisions in order to minimize cost impacts. Therefore, existing vessels for which a safety certificate was issued under the Canada Shipping Act, 2001 or the Vessel Certificates Regulations will be grandfathered with respect to the requirements for structural fire protection and fire safety systems. Most equipment will be allowed to continue to meet the applicable requirements that were in effect at the time of the issuance of that safety certificate. Grandfathering provisions cease to apply to vessels or parts of a vessel when certain criteria thresholds in the Regulations are met, for example for repairs, alterations, or modifications to existing vessels that substantially alter the vessel’s dimensions or its passenger accommodation spaces, or substantially increase the vessel’s service life or the life of its outfitting. The grandfathering provisions also do not apply to parts of a vessel and to certain systems and equipment that are replaced. The grandfathering also ceases to apply if the vessel’s intended service changes so that the requirements that were previously applicable are no longer met. The grandfathering will also not be applicable to amendments adopted by the IMO after the coming into force of these Regulations if those amendments are applicable to existing vessels. Performance measurement and evaluation TC will continue to use national and regional CMAC meetings to communicate the implementation of the Regulations and will issue communications to affected stakeholders through Ship Safety Bulletins to inform designers, builders, and owners of vessels of the new regulatory requirements. Concurrently, compliance with these Regulations will be monitored and enforced by TC marine safety inspectors and surveyors of recognized Canadian organizations who will be trained to assess the new criteria. TC will continue to monitor and participate, both nationally and internationally, in ongoing regulatory activities related to vessel fire safety and will take appropriate action with affected stakeholders as required. It is anticipated that the updated consolidated fire safety regime provided by these Regulations will improve the understanding and application of the regulatory requirements through a streamlined and modernized fire safety system. Stakeholders will benefit from these Regulations, which are harmonized with current international requirements and which provide alternative compliance options designed to help reduce the cost of compliance. Contact Luc Tremblay Manager Arctic and Large Vessels Design and Equipment Standards (AMSDL) Domestic Vessel Regulatory Oversight and Boating Safety Marine Safety and Security Transport Canada Place de Ville, Tower C, 11th Floor 330 Sparks Street Ottawa, Ontario K1A 0N5 Telephone: 613-990-2068 Fax: 613-991-4818 Email: [email protected] Footnote a S.C. 2001, c. 26 Footnote 1 C.R.C., c. 1431 Footnote 2 C.R.C., c. 1435 Footnote 3 SOR/2001-286 Footnote 4 SOR/90-264 Footnote 5 SOR/2007-115 Footnote 6 SOR/2007-128 Footnote 7 SOR/2010-120 Footnote 8 SOR/90-264 Footnote 9 C.R.C., c. 1422
This Bill does not amend any statutes.
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