Vol. 151, No. 4 — February 22, 2017

Registration

SOR/2017-14 February 3, 2017

CANADA SHIPPING ACT, 2001

Vessel Fire Safety Regulations

P.C. 2017-84 February 3, 2017

Whereas Part 1 of the proposed Regulations sets out standards that are additional or complementary to the standards set out in the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to the Convention, and the Governor in Council is satisfied that those additional or complementary standards meet the objectives of the Convention and Protocol;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 35(1)(d) and subsection 120(1) of the Canada Shipping Act, 2001 (see footnote a), makes the annexed Vessel Fire Safety Regulations.

Vessel Fire Safety Regulations

Interpretation

1 (1) The following definitions apply in these Regulations.

Act means the Canada Shipping Act, 2001. (Loi)

cargo vessel means a vessel that is not a passenger vessel. (bâtiment de charge)

dangerous goods means the substances, materials and articles to which the IMDG Code applies. (marchandises dangereuses)

fire retardant coating means a coating that

fire retardant resin means a laminating resin that

fishing vessel has the same meaning as in subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche)

FSS Code means the International Code for Fire Safety Systems, published by the IMO. (Recueil FSS)

FTP Code means the International Code for Application of Fire Test Procedures, 2010, published by the IMO. (Code FTP)

high-speed craft means a craft that has been certified in accordance with the HSC Code and that meets the requirements of that Code. (engin à grande vitesse)

HSC Code means

IMDG Code means the International Maritime Dangerous Goods Code, published by the IMO. (Code IMDG)

IMO means the International Maritime Organization. (OMI)

length has the same meaning as in paragraph (b) of the definition length in section 1 of the Vessel Registration and Tonnage Regulations. (longueur)

Minister means the Minister of Transport. (ministre)

near coastal voyage, Class 2, limited means a voyage

passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)

product certification body means a body that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement (MLA), to give third-party written assurance that a product meets the specified requirements for the product, including initial certification and maintenance of that certification. (organisme de certification de produits)

recognized organization means an organization or a corporation with which the Minister has entered into an agreement or arrangement under paragraph 10(1)(c) of the Act. (organisme reconnu)

sheltered waters voyage has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage en eaux abritées)

SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention. (SOLAS)

testing laboratory means a laboratory that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Laboratory Accreditation Cooperation, to produce accurate results for the specific tests or calibrations that are listed on its Scope of Accreditation. (laboratoire d’essai)

type approval certificate means a type approval certificate referred to in the FTP Code. (certificat d’approbation par type)

(2) Except as provided in subsection (3), all words and expressions defined in Chapter II-2 of SOLAS and used in Part 1 or 2 have the same meaning as in that Chapter.

(3) For the purposes of Parts 1 and 2, the definition “A” class divisions includes the criterion that the insulation on the decks and bulkheads be held in place in accordance with the applicable requirements of the type approval certificate and with the manufacturer’s instructions.

(4) For the purposes of Parts 1 and 2, a vessel is constructed on

(5) Except as otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

(6) For the purpose of interpreting a document incorporated by reference into these Regulations,

(7) For the purposes of these Regulations, any guidelines, recommendations, requirements and similar matters set out in a document referred to in a footnote to a document that is incorporated by reference into these Regulations are to be considered mandatory.

(8) For the purposes of these Regulations, dangerous goods are in limited quantities if Chapter 3.4 of the IMDG Code applies to those goods and they meet the requirements of that Chapter.

FTP Code

2 (1) For the purposes of these Regulations, if a material must meet requirements set out in Annex 1 to the FTP Code,

(2) For the purposes of these Regulations,

FSS Code

3 (1) For the purposes of these Regulations, if a system or equipment must meet requirements of the FSS Code, the system or equipment must be approved by the Minister as meeting those requirements.

(2) Subsection (1) does not apply in respect of the design of pressure containers referred to in section 124.

[4 to 99 reserved]

PART 1

Chapter II-2 of SOLAS and Modifications

Interpretation

100 The following definitions apply in this Part.

equipment includes appliances. (équipement)

near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 1)

near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 2)

unlimited voyage has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage illimité)

Application

101 (1) This Part applies in respect of Canadian vessels everywhere that are

(2) This Part, other than the requirements with respect to structural fire protection, applies in respect of Canadian vessels everywhere that are

(3) This Part does not apply in respect of

Compliance

102 (1) Except as otherwise provided in this Part, a vessel’s authorized representative must ensure that the requirements of Chapter II-2 of SOLAS — other than those of regulation 1 and Part E — and the requirements of sections 109 to 150 and 153 to 159 are met in respect of the vessel.

(2) Except as otherwise provided in this Part, a vessel’s master must ensure that the requirements of regulation 7.8.1 and Part E of Chapter II-2 of SOLAS and of sections 117, 118, 151 and 152 are met in respect of the vessel.

(3) For the purposes of subsection (1), in respect of vessels that are not Safety Convention vessels,

(4) Despite subsections (1) and (2), the requirements for tankers that are set out in Chapter II-2 of SOLAS — other than those in regulation 1 — apply in respect of tankers subject to regulation 1.6 of that Chapter. The authorized representative of a tanker must ensure that any requirements of that regulation that are in addition to or different from the requirements referred to in those subsections are met. However, the requirement in regulation 1.6.7 of that Chapter that equipment be fitted not later than July 1, 2005 does not apply before

Grandfathered Vessels

103 If a vessel that is not a Safety Convention vessel and that was constructed before the day on which this section comes into force held, at any time before that day, a certificate issued under the Vessel Certificates Regulations or under section 318 or 319 of the Canada Shipping Act, R.S.C., 1985, c. S-9, its authorized representative may ensure that the requirements with respect to structural fire protection and fire safety systems and equipment that would have been required under the Act to be met, on the day before that day, are met instead of the requirements referred to in section 102 of these Regulations with respect to structural fire protection and fire safety systems and equipment.

104 If a Safety Convention vessel that was constructed before July 1, 2002 held, at any time before the day on which this section comes into force, a certificate issued under the Vessel Certificates Regulations or under section 318 or 319 of the Canada Shipping Act, R.S.C., 1985, c. S-9,

105 For the purposes of sections 103 and 104, the reference to section 318 or 319 of the Canada Shipping Act, R.S.C., 1985, c. S-9, includes any predecessor enactment relating to the same subject matter.

Limitations on Grandfathering

106 (1) Except in respect of the requirements referred to in subsection (3), sections 103 and 104 do not apply in respect of

(2) Sections 103 and 104 do not apply if the vessel’s intended service changes in such a manner that any of the requirements with respect to structural fire protection and fire safety systems and equipment that would have been required under the Act to be met are no longer met.

(3) Sections 103 and 104 apply only until the first anniversary of the day on which this section comes into force in respect of the requirements of regulations 13.3.4.2 to 13.3.4.5 and 13.4.3 and part E — except regulations 16.3.2.2 and 16.3.2.3 — of Chapter II-2 of SOLAS.

(4) Sections 103 and 104 do not apply in respect of amendments to SOLAS that are adopted by the IMO on or after the day on which this section comes into force if SOLAS provides that the amendments apply regardless of the date of a vessel’s construction.

Exemptions and Equivalents

107 For the purposes of this Part, the Marine Technical Review Board established under section 26 of the Act may exercise the Administration’s powers conferred by regulations 4 and 5 of Chapter I of SOLAS.

Carriage of Dangerous Goods

108 (1) A vessel that carries dangerous goods must hold a Document of Compliance issued under subsection (2).

(2) On application by the authorized representative of a vessel, the Minister must issue a Document of Compliance to the vessel if its construction and equipment meet the requirements referred to in section 102 that apply if the vessel carries dangerous goods.

(3) For the purposes of this section, dangerous goods does not include

Requirements

Regulation 4 of Chapter II-2 of SOLAS — Probability of Ignition
Oil Fuel Tanks

109 For the purposes of regulation 4.2.2.3.5.1, if sounding pipes are used, they must terminate on an open deck, if feasible.

Prevention of Overpressure

110 For the purposes of regulation 4.2.2.4, the air pipes on any oil tank or part of the oil fuel system must be flame-screened and, if feasible, terminate on an open deck.

Ventilation Systems in Cargo Pump-rooms

111 The mechanical ventilation system required by regulation 4.5.4.1 must

Regulation 5 of Chapter II-2 of SOLAS — Fire Growth Potential
Closing Appliances and Stopping Devices of Ventilation

112 (1) In addition to the requirements of regulation 5.2, a vessel must be fitted with means to automatically shut down the ventilation fans for a space when a fixed gas fire-extinguishing system for that space is activated.

(2) In addition to the requirements of regulation 5.2.2.3, a vessel must be fitted with a means of control if the vessel is provided with any other equipment than that referred to in that regulation, including hydraulic power systems, that could contribute to sustaining a fire or create any other unsafe condition in the case of fire, in the space in which that other equipment is fitted.

Insulating Materials

113 (1) In addition to the restriction in regulation 5.3.1.1 on the use of combustible insulating materials, organic foam must not be used in the mail rooms or baggage rooms of a passenger vessel.

(2) If organic foam is used in a cargo space or a refrigerated compartment of a service space,

Regulation 6 of Chapter II-2 of SOLAS — Smoke Generation Potential and Toxicity

114 In addition to the requirements of regulation 6, plastic piping fitted on a vessel must meet the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code and must be subject of a Minister’s type approval indicating that it meets the requirements set out in the IMO Resolution A.753(18), entitled Guidelines for the Application of Plastic Pipes on Ships.

Regulation 7 of Chapter II-2 of SOLAS — Detection and Alarm
Smoke Detectors

115 In addition to the requirements of regulation 7.5, a smoke detector must be installed in every cabin and every service space, regardless of the method of fire protection chosen.

Protection of Cargo Spaces in Passenger Vessels

116 For the purposes of regulation 7.6, “where it is shown to the satisfaction of the Administration that the ship is engaged on voyages of such short duration that it would be unreasonable to apply this requirement” is to be read as “in the case of voyages of not more than 48 hours’ duration during which the cargo holds are opened to load or unload cargo”.

Fire Patrols in Passenger Vessels

117 (1) Regulation 7.8.1 applies in respect of a vessel that is not a Safety Convention vessel only if it

(2) The fire patrols required by regulation 7.8.1 must be performed at least once every hour and must include a patrol of the entire vessel.

Passenger Vessels at Dock

118 In addition to the requirements of regulation 7, every passenger vessel that is scheduled to be at a dock for more than one hour must, immediately on arrival at the dock, be connected to the shore fire-alarm system or to the local fire-station telephone system, if either system is fitted at the dock.

Regulation 9 of Chapter II-2 of SOLAS — Containment of Fire
Protection of Stairways and Lift Trunks in Accommodation Spaces, Service Spaces and Control Stations

119 The class division requirements of regulation 9.2.3.4 for stairways that penetrate more than a single deck apply to any area, such as a landing or corridor, between the stairways, if those stairways provide continuous fire shelter as described in subsection 147(6).

Openings in Decks and Bulkheads in Passenger Vessels

120 (1) In addition to the requirements of regulation 9.4.1.1.2, every door in an “A” class division must meet the following requirements:

(2) The hose port requirements of regulation 9.4.1.1.8 apply in respect of every hose port fitted in a door in an “A” class division.

(3) If a ventilation duct passes through a main horizontal zone division on a passenger vessel, a fail-safe automatic-closing fire damper must be fitted in accordance with regulation 9.4.1.1.9, and the duct between the division and the damper must meet the requirements of that regulation.

(4) In addition to the requirements of regulations 9.4.1.1 and 9.4.1.2, every door in an “A” or “B” class division must be fitted with a thin metal identification plate that

Doors in Fire-resisting Divisions in Cargo Vessels

121 (1) In addition to the requirements of regulation 9.4.2.1, the following requirements must be met:

(2) For the purposes of regulation 9.4.2.2, if hold-back arrangements fitted with remote-release devices of the fail-safe type are utilized,

Protection of Openings in Cargo Pump-rooms

122 In addition to the requirements of regulation 9.5.2.6, a vessel that has cargo pump-rooms must not be fitted with windows in the boundaries of those rooms.

Ventilation Systems

123 (1) Despite regulation 9.7.2.1, the galley ventilation systems must, on all cargo vessels and all passenger vessels, be separate from the ventilation systems serving other spaces.

(2) The requirements of regulation 9.7.4.3 apply in respect of every stairway enclosure serving more than one deck on all cargo vessels and all passenger vessels.

Regulation 10 of Chapter II-2 of SOLAS — Firefighting
Fire-extinguishing Systems and Equipment

124 Every pressure container for a fixed fire-extinguishing system required by Regulation 10 must bear a mark indicating that it

Water Supply Systems

125 The pipes, valves and fittings used with the equipment required by regulation 10.2

Isolating Valves

126 (1) If the fire main is an integral part of a fixed deck foam fire-extinguishing system with monitors, the isolating valves required by regulation 10.2.1.4.1 must be fitted immediately forward of each monitor.

(2) In addition to the isolating valves required by regulation 10.2.1.4.1, valves must be fitted to sections of the fire main that

(3) The valves required by subsection (2) must be

(4) Every valve fitted to fire piping must be designed to open with a counter-clockwise rotation of the valve’s handle.

(5) The requirements of regulation 10.2.1.4.4 apply in respect of combination carriers.

Number and Position of Hydrants

127 Despite regulation 10.2.1.5.1, on a cargo vessel of less than 500 gross tonnage or on a passenger vessel of less than 500 gross tonnage that is not a Safety Convention vessel, the number and position of hydrants must be such that one jet of water can reach any part of the vessel.

128 (1) In addition to being provided with the hydrants required by regulation 10.2.1.5.1,

(2) A fire hose and nozzle must be fitted on each hydrant required by subsection (1).

(3) If the size or configuration of a machinery space of category A would render a hydrant required by subsection (1) ineffective, the hydrant must be located near the main access to the space.

(4) In addition to being provided with the hydrants required by regulation 10.2.1.5.1, a cargo vessel of 2 000 gross tonnage or more must

129 Every fire hydrant must be installed so that

International Shore Connection

130 The international shore connection required by regulation 10.2.1.7 must be stored on the vessel so as to be readily accessible. A notice in English and French indicating the connection’s location and the maximum working pressure of the piping system must be posted on the vessel.

Fire Pumps

131 In addition to the requirements of regulation 10.2.2, the following requirements must be met in respect of a vessel’s fire pumps:

132 If a bilge pump is used as a fire pump as permitted by regulation 10.2.2.1, the bilge pumping system and the fire pumping system must be capable of simultaneous operation.

133 (1) One of the fire pumps required by regulation 10.2.2.2 may be manually operated if the vessel is not a Safety Convention vessel, is of less than 1 000 gross tonnage and, in the case of a passenger vessel, is engaged on a sheltered waters voyage or a near coastal voyage, Class 2. If one of the fire pumps is manually operated and is located outside the space where the other fire pump required by that regulation and its source of power are located, the manually operated fire pump may also be used as an emergency fire pump if one is required by regulation 10.2.2.3.1.2.

(2) A power-driven fire pump that is required by regulation 10.2.2.2.2 to be on a vessel of less than 1 000 gross tonnage, but that is not required to be independently driven, must not be powered by a main engine unless the engine can be operated independently of the propeller shafting.

(3) Despite regulation 10.2.2.2.2 and subsection (1), if a cargo vessel to which that subsection applies is engaged on a sheltered waters voyage or a near coastal voyage, Class 2,

134 (1) For the purposes of regulation 10.2.2.4.2,

(2) The fire pumps on vessels of less than 500 gross tonnage, other than passenger vessels that are Safety Convention vessels, are not required to meet the minimum capacity requirement of 25 m3/h set out in regulation 10.2.2.4.2.

Fire Hoses and Nozzles

135 (1) In addition to the requirements of regulation 10.2.3.1.1, the fire hoses in a machinery space of category A or that serve a space that contains flammable materials must be connected to the fire hydrants at all times. If there is more than one fire hose in a machinery space of category A, one of the fire hoses in that space must also be connected to a portable foam applicator.

(2) In addition to the requirements of regulation 10.2.3.1.1, every fire hose must be

(3) The nozzles, couplings and fittings for the fire hoses on a tanker must be made of brass, bronze or other equivalent non-sparking material.

(4) For the purposes of regulation 10.2.3.2.1,

(5) For the purposes of regulation 10.2.3.3.3, if section 127 applies and the number and position of hydrants on the vessel is such that only one jet of water may reach any part of the vessel, “from two jets” is to be read as “from one jet”.

Portable Fire Extinguishers

136 (1) For the purposes of regulation 10.3.2.1, on a passenger vessel

(2) For the purposes of regulation 10.3.2.1, on a cargo vessel

(3) For the purposes of regulation 10.3.2.1, in addition to the portable fire extinguishers required by subsections (1) and (2),

137 (1) Every portable fire extinguisher must be fitted with a clamp bracket that

(2) Every wheeled-type portable fire extinguisher must be fitted with a metal clip arrangement that

138 Regulation 10.3.3 does not apply in respect of a vessel that is not a Safety Convention vessel and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

Types of Fixed Fire-extinguishing Systems

139 If a machinery space on a vessel that is constructed of wood, glass-reinforced plastic or aluminum alloy is provided with a fixed gas fire-extinguishing system, the system must, despite regulation 10.4.1.1.1, have a sufficient quantity of gas to provide two independent charges of gas.

Fire-extinguishing Arrangements in Machinery Spaces

140 (1) Regulations 10.5.1.2.1, 10.5.2.2.1 and 10.5.3.2.1 do not apply in respect of a vessel that is not a Safety Convention vessel, is of less than 500 gross tonnage and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

(2) The requirement in regulation 10.5.2.2.2 with respect to foam fire extinguishers of at least 45 L capacity each or equivalent does not apply in respect of a vessel that is not a Safety Convention vessel, is of less than 500 gross tonnage and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

(3) Regulation 10.5.6 does not apply in respect of a vessel that is not a Safety Convention vessel and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

Spaces Containing Flammable Liquids

141 For the purposes of regulation 10.6.3.2, the fire-extinguishing arrangements must include fixed gas fire-extinguishing systems, fixed foam fire-extinguishing systems and fixed pressure water-spraying fire-extinguishing systems that meet the applicable requirements of the FSS Code for the system.

Fixed Gas Fire-extinguishing Systems for General Cargo

142 For the purposes of regulation 10.7.1.2, “it is shown to the satisfaction of the Administration that a passenger ship is engaged on voyages of such short duration that it would be unreasonable to apply the requirements of paragraph 7.1.1” is to be read as “a passenger ship is engaged on voyages of not more than 48 hours’ duration during which the cargo holds are opened to discharge or receive cargo”.

Firefighters’ Outfits

143 (1) Regulations 10.10.2.1 and 10.10.2.2 do not apply in respect of a vessel that is not a Safety Convention vessel, is of less than 500 gross tonnage and, if the vessel is not a cargo vessel, is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

(2) Regulation 10.10.2.3 applies only in respect of tankers of 500 gross tonnage or more.

Fire Axes

144 (1) In addition to the requirements of regulation 10, a passenger vessel on a near coastal voyage, Class 1, or an unlimited voyage must be provided with the greater of

(2) In addition to the requirements of regulation 10, a passenger vessel on a sheltered waters voyage or a near coastal voyage, Class 2, must be provided with

(3) In addition to the requirements of regulation 10, a cargo vessel must be provided with

Regulation 12 of Chapter II-2 of SOLAS — Notification of Crew and Passengers
Public Address Systems

145 (1) The public address system or other means of communication required by regulation 12.3 must be available on all cargo vessels and all passenger vessels throughout the spaces referred to in that regulation, the muster stations, the embarkation stations and the machinery spaces.

(2) Regulation 12.3 and subsection (1) do not apply before the first anniversary of the day on which this section comes into force.

Regulation 13 of Chapter II-2 of SOLAS — Means of Escape
Passenger Vessels

146 (1) The crew accommodation areas of every passenger vessel must meet the requirements of regulation 13.3.2.5.1.

(2) Each escape hatch must be painted orange and be operable from both sides of the hatch.

Cargo Vessels

147 (1) Every cargo vessel must meet the requirements of regulation 13.3.2.5.1, and the crew accommodation areas of the vessel must also meet those requirements.

(2) Each escape hatch must be painted orange and be operable from both sides of the hatch.

(3) Every cargo vessel must meet the requirements of regulation 13.3.2.6.2.

(4) The means of escape required by regulation 13.3.3.1 must be separated from one another so as to minimize the possibility of their being blocked at the same time as a result of an incident.

(5) Each means of escape required by regulation 13.3.3.2 must give direct access to another means of escape on the deck above.

(6) On a cargo vessel of 500 gross tonnage or more, if one of the means of escape required by regulation 13.3.3.2 or 13.3.3.3 from a restricted space or group of spaces connects more than two decks, one of those means must, if feasible, be a readily accessible stairway enclosure that provides continuous fire shelter from the space or group of spaces to the closest lifeboat and life-raft embarkation deck. If the stairway enclosure that provides continuous fire shelter is not feasible, an escape route from the restricted space or group of spaces to the embarkation deck must be provided. The entire length of the escape route must be protected from the fire by “A” class divisions.

(7) Despite regulation 13.3.3.2, if installing a stairway or trunk is not feasible, a vertical ladder may be used as the second means of escape from crew spaces that are entered only occasionally.

(8) Despite regulation 13.3.3.3, if installing a stairway is not feasible, a vertical ladder may be used as one of the means of escape from crew spaces that are entered only occasionally.

Emergency Escape Breathing Devices

148 Regulation 13.4.3 does not apply in respect of a vessel that is not a Safety Convention vessel, is of less than 500 gross tonnage and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

Additional Requirements for Ro-Ro Passenger Vessels

149 Any words included in the symbols required by regulation 13.7.1.1 to mark the escape routes must be printed in English and French.

Instruction for Safe Escape

150 (1) All cargo vessels and all passenger vessels must display “mimic” plans in accordance with regulation 13.7.2.2 and must display those plans in every space occupied by the crew.

(2) Any words on the “mimic” plans must be printed in English and French.

Regulation 15 of Chapter II-2 of SOLAS — Instructions, On-board Training and Drills
Training Manuals

151 If a vessel is fitted with a fixed gas fire-extinguishing system, the instructions on firefighting activities and firefighting procedures required by regulation 15.2.3.4.2 must include instructions on the use of firefighters’ outfits, including breathing apparatus, and the protected space re-entry procedure recommended by the manufacturer of the system.

Fire Control Plans

152 The fire control plans and booklets required by regulation 15.2.4 must be

Fire Drills

153 Despite section 102, regulations 15.2.1, 15.2.2 and 15.3.1 do not apply in respect of vessels to which the Fire and Boat Drills Regulations apply.

Regulation 17 of Chapter II-2 of SOLAS — Alternative Design and Arrangements

154 An engineering analysis submitted under regulation 17.3 must be written in English or French.

Regulation 18 of Chapter II-2 of SOLAS — Helicopter Facilities
Helicopter Refuelling and Hangar Facilities

155 The “NO SMOKING” signs required by regulation 18.7.10 must be in English and French as well as in the working language of the vessel.

Operations Manual

156 The operations manual required by regulation 18.8.1 must be in the working language of the vessel.

Regulation 20 of Chapter II-2 of SOLAS – Protection of Vehicle, Special Category and Ro-Ro Spaces
Structural Protection

157 The requirements of regulation 20.5 apply in respect of all passenger vessels.

Fire Extinction

158 (1) If a water curtain is part of a fixed fire-extinguishing system referred to in regulation 20.6.1, a strip that is 900 mm wide must be painted on the deck under the water curtain and be marked with the words “TO BE KEPT CLEAR OF VEHICLES AT ALL TIMES” and “LAISSER CET ESPACE LIBRE DE VÉHICULES EN TOUT TEMPS”.

(2) Each portable fire extinguisher required by regulation 20.6.2.1 must be a portable dry-chemical fire extinguisher of at least 4.5 kg capacity or a portable fire extinguisher of equivalent fire-extinguishing capability.

(3) In the case of a vessel that is not a Safety Convention vessel and that is engaged on a sheltered waters voyage or a near coastal voyage, Class 2, the reference in regulation 20.6.2.2.1 to “three water-fog applicators” is to be read as a reference to “one water-fog applicator”.

Regulations 21, 22 and 23 of Chapter II-2 of SOLAS

159 Regulations 21, 22 and 23 do not apply in respect of a vessel that is not a Safety Convention vessel and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

[160 to 199 reserved]

PART 2

Structural Fire Protection — Alternatives for Certain Vessels

Interpretation

200 The following definitions apply in this Part.

A-60 class fire rating means the thermal and integrity requirements specified for “A-60” class divisions. (indice de résistance au feu de type A-60)

“F” class divisions means divisions that are formed by bulkheads, decks, ceilings or linings and that meet the fire-test requirements for “F” class divisions set out in Annex 1 to the FTP Code. (cloisonnements du type « F »)

Application

201 (1) This Part applies in respect of Canadian vessels everywhere that are

(2) This Part does not apply in respect of

Compliance

202 Except as otherwise provided in this Part, a vessel’s authorized representative must ensure that the requirements of sections 205 to 234 are met in respect of the vessel.

Grandfathered Vessels

203 (1) If a vessel that was constructed before the day on which this section comes into force held, at any time before that day, a certificate issued under the Vessel Certificates Regulations or under section 318 or 319 of the Canada Shipping Act, R.S.C., 1985, c. S-9, its authorized representative may ensure that the requirements with respect to structural fire protection that would have been required under the Act to be met, on the day before that day, are met instead of the requirements of sections 205 to 234 of these Regulations.

(2) For the purposes of subsection (1), the reference to section 318 or 319 of the Canada Shipping Act, R.S.C., 1985, c. S-9, includes any predecessor enactment relating to the same subject matter.

Limitations on Grandfathering

204 (1) Section 203 does not apply in respect of

(2) Section 203 does not apply if the vessel’s intended service changes in such a manner that any of the requirements with respect to structural fire protection that would have been required under the Act to be met are no longer met.

Requirements
Decks and Bulkheads — Accommodation Spaces, Service Spaces and Control Stations

205 (1) On a vessel whose hull is constructed of non-combustible materials,

(2) On a vessel whose hull is constructed of non-combustible materials, if a deck or boundary bulkhead contains an emergency source of power or if a deck or bulkhead separates a galley, paint-room, lamp-room or storeroom that contains highly flammable materials from an accommodation space, service space or control station, the deck or bulkhead must consist of

206 (1) On a vessel whose hull is constructed of combustible materials,

(2) On a vessel whose hull is constructed of combustible materials, if a deck or boundary bulkhead contains an emergency source of power or if a deck or bulkhead separates a galley, paint-room, lamp-room or storeroom that contains highly flammable materials from an accommodation space, service space or control station, the deck or bulkhead must consist of “F” class divisions or of “B-15” class divisions.

Bulkheads of Corridors

207 (1) On a vessel whose hull is constructed of non-combustible materials, the bulkhead of a corridor that serves an accommodation space, service space or control station must consist of “B-0” class divisions.

(2) On a vessel whose hull is constructed of combustible materials, the bulkhead of a corridor that serves an accommodation space, service space or control station must consist of “F” class divisions or of “B-0” class divisions.

(3) The bulkhead of a corridor that serves an accommodation space, service space or central control station must extend from deck to deck unless a continuous ceiling of the same class division as the bulkhead is fitted on both sides of the bulkhead, in which case the bulkhead may terminate at the continuous ceiling.

Substitution of Class Divisions

208 For the purposes of sections 205 to 207,

Penetrations of Decks and Bulkheads

209 The fire integrity of the divisions required by sections 205 to 207 must not be impaired by the passage of electrical cables, pipes, trunks, ducts or other transit devices through the divisions.

Interior Stairways

210 (1) An interior stairway that serves an accommodation space, service space or control station must be constructed of steel or other equivalent material.

(2) On a vessel whose hull is constructed of non-combustible materials, an interior stairway that connects more than two decks must be within an enclosure constructed of “B-15” class divisions.

(3) On a vessel whose hull is constructed of combustible materials, an interior stairway that connects more than two decks must be within an enclosure constructed of “F” class divisions.

Lift Trunks

211 A lift trunk that passes through an accommodation space or service space must be constructed of steel or other equivalent material and must be provided with a means of closing that permits control of drafts and smoke.

Doors and Other Closures of Openings

212 (1) The following doors and other closures of openings must have fire-resistant properties equivalent to those of the class divisions of the structures in which they are fitted:

(2) The doors to machinery spaces of category A must be self-closing and reasonably gastight.

(3) A door required by subsection (1) that is in an “A” class division must be reasonably gastight.

(4) Every door in an “A” class division must overlap the door frame, and allow for a gap, between the edges of the door and the top, bottom and sides of the door frame, that is the minimum needed to open and close the door.

(5) A grille or louvre must not be fitted in a door required by subsection (1) that is in an “A” class division.

(6) A hose port that is fitted in a door required by subsection (1) that is in an “A” class division must

(7) Every door required by subsection (1) that is in an “A” or “B” class division must be fitted with a thin metal identification plate that

Skylights and Other Windows

213 (1) If a skylight in a machinery space can be opened, the skylight must be capable of being closed from outside the space.

(2) Glass, acrylic or any other similar material must not be fitted in machinery space boundaries. However, wire-reinforced glass may be fitted in skylights and fire-rated glass may be fitted in windows in control rooms within machinery spaces.

(3) A skylight that is in a machinery space and contains wire-reinforced glass must be fitted with permanently attached external shutters of steel or other equivalent material.

Air Spaces

214 Air spaces enclosed behind ceilings, panelling or linings in accommodation spaces, service spaces or control stations must be divided by close-fitting draft stops spaced not more than 7 m apart.

Insulating Materials

215 (1) Insulating materials must be non-combustible, except in a cargo space, mail room, baggage room, or refrigerated compartment of a service space. However, vapour barriers and adhesives used with insulating materials, as well as the insulating materials used for pipe fittings for cold service systems, need not be of non-combustible materials if the non-combustible materials are the minimum quantity feasible and their exposed surfaces have low flame spread characteristics.

(2) The exposed surface of insulating materials fitted on the internal boundaries of machinery spaces of category A must be impervious to oil and oil vapours.

216 If organic foam is used in a cargo space or a refrigerated compartment of a service space,

Ventilation Systems
Stopping and Closing

217 (1) Means must be provided for closing the main inlets and outlets of every ventilation system from a position outside the space served by the system. The means of closing must

(2) Power ventilation of accommodation spaces, service spaces, cargo spaces, control stations and machinery spaces must be capable of being stopped from a readily accessible position outside the space or station served. Access to this position must not be easily cut off in the event of a fire in the space served.

(3) Means of control must be provided for stopping ventilation fans. The means must

(4) The means of control that are required by subsection (3) to be located outside the machinery spaces must be arranged so that a source of power to stop the fans and close the main openings is provided

(5) A stop circuit of the means of control referred to in subsection (4) that is activated manually must be manually reset.

(6) Means must be provided for closing, from a safe position, the annular spaces around funnels.

Ventilation Openings

218 (1) A ventilation opening must not be installed in or under a stairway enclosure door.

(2) Any ventilation opening in a door in a corridor bulkhead must be in the lower half of the door and must be fitted with a grille made of non-combustible material.

(3) The total net area of a ventilation opening in or under a door in a corridor bulkhead must not be more than 0.05 m2.

Ventilation Ducts

219 (1) A ventilation duct that serves a machinery space of category A or a galley must not pass through an accommodation space, service space or control station unless

(2) A ventilation duct that serves an accommodation space, service space or control station must not pass through a machinery space of category A or a galley unless

Storerooms that Contain Highly Flammable Materials

220 (1) A storeroom that contains highly flammable materials must be provided with a ventilation system that is separate from the ventilation systems serving other spaces.

(2) The ventilation system must ventilate high and low levels of the storeroom. Every inlet or outlet of the system must be positioned in an area free from flammable gases.

(3) A wire mesh guard that is corrosion-resistant and arrests sparks must be fitted over the opening of the inlet or outlet.

Independent Ventilation Systems

221 A ventilation system that serves a machinery space, galley, stairway enclosure, cargo space or special category space must not serve another space and must be independent of every other ventilation system.

Non-combustible Materials — Trunks and Ducts

222 (1) The trunks and ducts of ventilation systems must be constructed of non-combustible materials.

(2) If a trunk or duct serves spaces on both sides of an “A” class division, fire dampers must be fitted so as to prevent the spread of fire and smoke between compartments. Manual fire dampers must be operable from both sides of the division.

(3) If a trunk or duct has a free cross-sectional area of more than 0.02 m2 and passes through an “A” class division, the trunk or duct must be fitted with an automatic-closing fire damper.

(4) If a trunk or duct serves compartments situated on only one side of an “A” class division, the opening in the division must be lined with a steel sheet sleeve unless the trunk or duct passing through the division is of steel in the vicinity of the passage and unless the portion of the trunk or duct in that vicinity

(5) A sleeve referred to in paragraph (4)(a) that passes through a bulkhead must be of the same length on either side of the bulkhead.

(6) Paragraph (4)(b) does not apply if the trunk or duct passes through a space surrounded by “A” class divisions without serving that space and the trunk or duct has the same fire integrity as the divisions through which it passes.

Electric Radiators

223 (1) Every electric radiator must be fixed in position.

(2) An electric radiator must not be fitted with a heating element exposed to such an extent that clothing, curtains or other similar materials could be scorched or set on fire by heat from the element.

Exposed Surfaces

224 (1) The exposed surfaces within accommodation spaces, service spaces, control stations or corridor or stairway enclosures, and the concealed surfaces behind bulkheads, ceilings, panelling or linings in accommodation spaces, service spaces or control stations, must meet the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code.

(2) The exposed surfaces of glass-reinforced plastic within accommodation spaces, service spaces, control stations, machinery spaces of category A or other machinery spaces of similar fire risk to machinery spaces of category A must

(3) The paints, varnishes and other finishes used on any exposed interior surface must be a fire retardant coating.

Primary Deck Coverings

225 The primary deck coverings within accommodation spaces, service spaces or control stations must meet the flame spread, smoke, toxicity and non-ignitable requirements set out in Annex 1 to the FTP Code.

Plastic Piping

226 Plastic piping fitted on a vessel must meet the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code and must be subject of a Minister’s type approval indicating that it meets the requirements set out in the IMO Resolution A.753(18), entitled Guidelines for the Application of Plastic Pipes on Ships.

Piping Penetrating Decks and Bulkheads

227 The piping penetrating an “A” class division or “B” class division in an accommodation space, service space or control station must be able to withstand the temperature that the division is able to withstand.

Materials for Overboard Scuppers, Sanitary Discharges or Other Outlets

228 (1) On a vessel whose hull is constructed of combustible materials, materials that are readily rendered ineffective by heat must not be used for overboard scuppers, sanitary discharges or other outlets that are close to the waterline if failure of the materials in the event of fire would give rise to danger of flooding.

(2) On a vessel whose hull is constructed of non-combustible materials, materials that are used for overboard scuppers, sanitary discharges or other outlets that are close to the waterline must be at least as fire-resistant as the hull.

Remote Means To Stop Pumps

229 (1) Remote means must be provided to stop fuel oil transfer pumps, oil fuel unit pumps and other similar fuel pumps, and must be operable from outside the spaces served by those pumps. The main fire control station must be provided with a remote means to stop the pumps and with a visual indicator of whether the pumps are running.

(2) The remote means must be arranged so that a source of power to stop the pumps is provided

(3) A stop circuit of the remote means that is activated manually must be manually reset.

Highly Flammable Liquids or Liquefied Gases

230 (1) If highly flammable liquids or liquefied gases are in a space, the space

(2) The pressure-adjusting devices and relief valves on cylinders that contain highly flammable liquids or liquefied gases must exhaust within the space where the cylinders are located. The space must be gastight if it adjoins another enclosed space.

231 (1) A space that is used to store highly flammable liquids or liquefied gases must

(2) Electrical wiring and fittings must not be installed within a space that is used to store highly flammable liquids or liquefied gases unless

Separate Storage Compartments for Compressed Gases

232 (1) Each type of compressed gas must be stored in a separate compartment from other types of compressed gas.

(2) A compartment that is used for the storage of compressed gas must not be used for the storage of any other combustible material or for the storage of any object that is not part of the gas distribution system.

Means of Escape

233 (1) In this section and section 234, means of escape does not include a lift.

(2) Stairways and ladders must be arranged to provide ready means of escape to the lifeboat and life-raft embarkation deck from accommodation spaces and from spaces in which the crew is normally employed, other than machinery spaces.

(3) Two means of escape that are separated as widely as possible must be provided from all accommodation levels. The means of escape may include normal means of access from each restricted space or group of spaces.

(4) Below the weather deck, the means of escape must be stairways. The most direct route to one of the stairways must be independent of any watertight doors.

(5) Above the weather deck, the means of escape must be stairways or doors, or a combination of stairways and doors, to an open deck.

(6) Despite subsections (4) and (5), if it is not feasible to install stairways or doors, one of the means of escape from below the weather deck and one of the means of escape from above the weather deck may be a porthole of at least 400 mm in diameter or a hatch of at least 560 mm x 560 mm that is protected, if necessary, against ice accretion.

(7) Despite subsections (4) and (5), if it is not feasible to install a stairway, a vertical ladder may be used as a second means of escape.

(8) The width, number and continuity of the means of escape must meet the applicable requirements of the FSS Code.

(9) A corridor, or part of a corridor, from which there is only one means of escape must not exceed 5 m in length.

234 (1) Every machinery space of category A must have two means of escape that are separated as widely as possible. If a means of escape is vertical, it must consist of a steel stairway or a steel ladder.

(2) If a cabin door leads directly into a machinery space of category A, the cabin must have a means of escape that is separate from the means of escape from the space.

[235 to 299 reserved]

PART 3

Vessels of Less than 24 m in Length

Interpretation

300 (1) The following definitions apply in this Part.

30-minute fire rated insulation means

“A-0” class divisions has the same meaning as in regulation 3.2 of Chapter II-2 of SOLAS. (cloisonnements du type « A-0 »)

“A-15” class divisions has the same meaning as in regulation 3.2 of Chapter II-2 of SOLAS. (cloisonnements du type « A-15 »)

accommodation spaces means the spaces that are used for public spaces, corridors, lavatories, cabins, offices, games or hobby rooms, or pantries that do not contain cooking appliances, and similar spaces. (locaux d’habitation)

“B-15” class divisions has the same meaning as in regulation 3.4 of Chapter II-2 of SOLAS. (cloisonnements du type « B-15 »)

“F” class divisions means divisions that are formed by bulkheads, decks, ceilings or linings and that meet the fire-test requirements for “F” class divisions set out in Annex 1 to the FTP Code. (cloisonnements du type « F »)

length overall has the same meaning as in paragraph (a) of the definition length in section 1 of the Vessel Registration and Tonnage Regulations. (longueur hors tout)

machinery spaces means spaces containing propulsion machinery, boilers, oil fuel units, internal combustion engines, generators and major electrical machinery, or ventilation and air conditioning machinery, and similar spaces, as well as trunks to such spaces. (locaux de machines)

non-combustible, in respect of a material, means

passenger-carrying vessel means a vessel that is carrying one or more passengers. (bâtiment transportant des passagers)

service spaces means the spaces that are used for galleys, pantries that contain cooking appliances, lockers, storerooms, or workshops other than those forming part of the machinery spaces, and similar spaces, as well as trunks to such spaces. (locaux de service)

(2) For the purposes of this Part, a vessel is constructed on the day on which

Application

301 (1) This Part applies in respect of Canadian vessels everywhere that are not Safety Convention vessels and that are

(2) This Part does not apply in respect of

Compliance

302 A vessel’s authorized representative must ensure that the requirements of sections 305 to 347 are met in respect of the vessel.

Grandfathered Vessels

303 (1) If a vessel that was constructed before the day on which this section comes into force held, at any time before that day, a certificate issued under the Vessel Certificates Regulations or under section 318 or 319 of the Canada Shipping Act, R.S.C. 1985, c. S-9, its authorized representative may ensure that the requirements that were required to be met for the issuance of the certificate are met instead of the requirements of sections 313 to 347 of these Regulations.

(2) For the purposes of subsection (1), the reference to section 318 or 319 of the Canada Shipping Act, R.S.C., 1985, c. S-9, includes any predecessor enactment relating to the same subject matter.

Limitations on Grandfathering

304 (1) Section 303 does not apply in respect of

(2) Section 303 does not apply if the vessel’s intended service changes in such a manner that any of the requirements that were required to be met for the issuance of the certificate are no longer met.

Prohibition — Wooden Passenger-carrying Vessels

305 A wooden passenger-carrying vessel must

Amount and Storage of Certain Flammable Liquids

306 Flammable liquids — other than those that are currently being used on a vessel, being carried as cargo or being used as fuel or lubricant in a vessel’s system — must

Maintenance and Accessibility of Equipment and Systems

307 (1) The fire safety equipment and systems on a vessel must

(2) The fire safety equipment and systems that are required by this Part must be readily accessible for immediate use.

Fire Control Plans

308 (1) A passenger-carrying vessel must have on board a fire control plan or booklet that is readily accessible to the vessel’s master and crew and that includes the following information:

(2) The fire control plan or booklet must be

Portable Firefighting Equipment
Quantity, Type and Location

309 (1) A vessel of a length overall set out in column 1 of the table to this subsection must carry the firefighting equipment set out in column 2.

Table of Equipment

Item

Column 1

Length Overall

Column 2

Firefighting Equipment

1

Not more than 12 m
  • (a) one 2A:10B:C fire extinguisher;
  • (b) one 2A:10B:C fire extinguisher for every space fitted with a fuel-burning cooking, heating or refrigerating appliance;
  • (c) one 10B:C fire extinguisher for every machinery space;
  • (d) one fire axe; and
  • (e) one fire bucket

2

More than 12 m
  • (a) one 2A:20B:C fire extinguisher;
  • (b) one 2A:20B:C fire extinguisher for
    • (i) every space fitted with a fuel-burning cooking, heating or refrigerating appliance, and
    • (ii) every accommodation space;
  • (c) one additional 2A:20B:C fire extinguisher for every 70 m2 or fraction of 70 m2 of each accommodation space;
  • (d) one 20B:C fire extinguisher for every 746 kW or fraction of 746 kW of main or auxiliary engine power in each machinery space;
  • (e) one 2A:10B:C fire extinguisher for
    • (i) every area with an appliance used to cook or reheat food, and
    • (ii) every flammable material locker;
  • (f) one fire axe; and
  • (g) two fire buckets

(2) A vessel that is required to carry a portable fire extinguisher of a classification set out in column 1 of the table to this subsection may instead carry one that contains the extinguishing agent and is of the weight set out in column 2, 3 or 4.

Table of Equivalents

Item

Column 1










Classification

Column 2


Multi-purpose Dry Chemical (ammonium phosphate)



Net Weight

Column 3


Regular Dry Chemical (sodium bicarbonate)

(Class B and C fires only)

Net Weight

Column 4


Carbon Dioxide

(Class B and C fires only)

Net Weight

kg

lbs.

kg

lbs.

kg

lbs.

1

2A:10B:C

2.25

5

        

2

2A:20B:C

4.5

10

        

3

10B:C

2.25

5

2.25

5

4.5

10

4

20B:C

4.5

10

4.5

10

9

20

(3) The letters used in the classification of a fire extinguisher refer to the following classes of fires:

(4) Every portable fire extinguisher must contain an extinguishing agent that is capable of extinguishing any potential fires in the space for which the extinguisher is intended.

(5) A portable fire extinguisher may be rated for Class K fires instead of Class B fires if it is intended for use in an area with cooking appliances that involve combustible cooking media.

(6) One of the portable fire extinguishers that is required for a space must be stored near the entrance to the space.

(7) A portable fire extinguisher that contains a gas extinguishing agent must not be used in an accommodation space or stored in that space.

Certification or Approval of Portable Fire Extinguishers

310 (1) A portable fire extinguisher that is required by this Part to be carried on a vessel must

(2) Despite subsection (1), a portable fire extinguisher may be of a type approved by a recognized organization if it was carried on a vessel when the vessel was imported into Canada.

Additional Requirements for Portable Fire Extinguishers

311 (1) Every portable fire extinguisher must be kept fully charged, and must be replaced according to its manufacturer’s specifications, if applicable.

(2) A portable fire extinguisher that is required by this Part to be carried on a vessel must be mounted with a clamp bracket that holds the fire extinguisher securely in place but provides quick and positive release of the fire extinguisher for immediate use.

(3) If a portable fire extinguisher is intended to be carried and operated by hand, it must not weigh more than 23 kg.

(4) Every portable fire extinguisher must be stored where its operation will not be affected by icing or cold temperature.

(5) Every portable fire extinguisher must be marked with a number at least 13 mm high, and its storage location must be marked with a corresponding number at least 13 mm high. However, if only one type and size of portable fire extinguisher is carried, the numbering may be omitted.

Fire Buckets

312 Every fire bucket must have a capacity of 10 L or more, be made of metal with a round bottom and a hole in the centre, be painted red and be fitted with a line of sufficient length to enable the bucket to be filled from the surrounding body of water from any deck.

Means of Escape
Exits

313 (1) Every accommodation space, wheelhouse, machinery space, or other space accessible to passengers or where the crew is normally employed, must have a primary exit and an emergency exit. However, an emergency exit is not required if the space is too small to have both a primary exit and an emergency exit.

(2) The primary exit and the emergency exit must

(3) Despite paragraph (2)(e), the primary exit and the emergency exit from the wheelhouse must, if feasible, be located on opposite sides of the vessel.

(4) In each public space on a passenger-carrying vessel, the primary exit and the emergency exit must be identified by a photoluminescent or illuminated sign that contains a green pictogram and a white or lightly tinted graphical symbol and that has been certified by a product certification body as meeting the applicable specifications set out in standard ISO 3864-1, entitled Graphical symbols — Safety colours and safety signs — Part 1: Design principles for safety signs and safety markings, and standard ISO 7010, entitled Graphical symbols — Safety colours and safety signs — Registered safety signs, published by the International Organization for Standardization.

(5) If a sign required by subsection (4) is not visible from an area in the public space, a white, or lightly tinted, and green photoluminescent or illuminated sign with an arrow pointing the way to the exit to which the sign relates must be in a readily visible location in the space and must be certified by a product certification body as meeting the applicable specifications set out in the standards referred to in subsection (4).

Escape Routes

314 (1) This section applies to the escape routes from an accommodation space, service space, wheelhouse or machinery space, or from any other space accessible to passengers or where the crew is normally employed.

(2) Every stairway, corridor, door and ladder must be arranged to provide a ready means of escape to the muster and embarkation stations. Every door must be constructed to open outwards and be hinged on the forward side.

(3) If the location of an exit in a space is such that egress from the space would be difficult without an aid such as a handhold or ladder, an appropriate aid must be permanently fitted.

(4) Every handhold or ladder that permits access to or from a deck must, if feasible, extend sufficiently above the level of the deck to allow safe and rapid access.

(5) Every ladder or stairway from a space other than a machinery space must be constructed of non-combustible material or be coated with a fire retardant coating, and must be equipped with anti-skid rungs or stairs.

(6) Every ladder or stairway from a machinery space must be constructed of non-combustible material and be equipped with anti-skid rungs or stairs.

(7) An intumescent coating must not be used on a stairway or ladder.

(8) Every stairway of more than 1 m in height must be equipped with handrails or handholds on both sides and must maintain a clear width of 760 mm.

(9) On a vessel that is not a passenger-carrying vessel, every portable ladder must be

(10) On a passenger-carrying vessel,

Arrangement of Stairways and Inclined Ladders on Passenger-carrying Vessels

315 (1) On a passenger-carrying vessel, the stairways and inclined ladders must be arranged so that

(2) For the purposes of paragraphs (1)(e) and (f), if the distance between handrails is less than the width of the treads, the width of the stair and the width of the stairway or inclined ladder must be measured between the handrails.

Structural Fire Protection
Insulation, Fire Retardant Coatings and Fire Retardant Resins

316 (1) The exposed surface of insulating materials fitted on the internal boundaries of machinery spaces must be impervious to oil and oil vapours.

(2) All thermal insulation and acoustic insulation, including pipe and ventilation lagging, must be non-combustible.

(3) Polyurethane foam or other organic foam insulation must not be used unless it is

317 (1) This section applies in respect of the insulation, fire retardant coating and fire retardant resin required by this Part.

(2) The insulation, fire retardant coating or fire retardant resin used on a deck or bulkhead must

(3) The insulation installed on a deck or bulkhead must be held in place by closely spaced studs and clips or by another method that will

(4) If insulation is installed on the stiffener side of a deck or bulkhead, at least 50% of the thickness of the insulation must be installed on top of the stiffener.

(5) Fire retardant coating and fire retardant resin must be applied, and the surfaces to which they are to be applied must be prepared, in accordance with the specifications of its manufacturer.

Cooking and Heating Appliances

318 (1) On a passenger-carrying vessel, the boundaries of a galley that contains cooking appliances must consist of “F” class divisions or “B-15” class divisions, or be insulated with 30-minute fire rated insulation, if

(2) Every cooking or heating appliance must be installed in accordance with the appliance manufacturer’s recommendations, if any, with regard to clearances and with regard to materials, including insulation, installed in way of the appliance. If the space does not allow the minimum clearance, if any, recommended by the manufacturer,

(3) If life saving equipment, a muster station or an embarkation station is located on the deck above a space that contains a cooking or heating appliance, or on the other side of a bulkhead delimiting that space,

Wheelhouses, Machinery Spaces and Lockers for Flammable or Combustible Materials

319 (1) Subject to subsection 320(1), the decks and bulkheads separating a wheelhouse from any other space must

(2) Machinery space boundaries must, to the extent feasible, prevent the passage of smoke.

(3) Every locker for storing flammable or combustible liquids

Vessels Carrying More than 100 Passengers or More than 12 Berthed Passengers

320 (1) On a vessel carrying more than 100 passengers or more than 12 berthed passengers, every deck that separates an accommodation space, service space or wheelhouse from an accommodation space, service space or wheelhouse, and every deck or bulkhead in way of life saving equipment, a muster station or an embarkation station, must

(2) On a vessel carrying more than 12 berthed passengers,

Wooden or Composite Vessels
Machinery Spaces

321 On a wooden or composite vessel, the exposed surfaces within a machinery space, including supporting structures and engine seats, must be coated with a final layer of fire retardant coating or fire retardant resin.

322 (1) On a wooden or composite vessel, every deck or bulkhead that separates a machinery space from an accommodation space, galley, wheelhouse, space containing a fixed gas fire-extinguishing system, or compartment to store gas containers must consist of “F” class divisions or “B-15” class divisions, or be insulated with 30-minute fire rated insulation.

(2) On a vessel that is not more than 15 m in length overall, any area of a deck or bulkhead in which the available space or physical configuration makes it impossible to meet the requirements of subsection (1) may instead be coated with fire retardant coating of the intumescent type or with fire retardant resin.

Composite Passenger-carrying Vessels — Laminate for the Hull, Decks and Superstructures

323 On a composite passenger-carrying vessel carrying more than 100 passengers or more than 12 berthed passengers or that engages on voyages that are not sheltered waters voyages or near coastal voyages, Class 2, limited,

Steel or Aluminum Vessels

324 (1) On a steel or aluminum vessel, every deck or bulkhead that separates a machinery space from an accommodation space, galley, wheelhouse, space containing fixed gas fire-extinguishing equipment, or compartment to store gas containers must

(2) On a vessel that is not more than 15 m in length overall, any area of a deck or bulkhead in which the available space or physical configuration makes it impossible to meet the requirements of subsection (1) may instead be coated with fire retardant coating of the intumescent type.

Openings in Boundaries, Decks, Bulkheads and Lockers

325 (1) The fire integrity of the boundaries, decks, bulkheads and lockers referred to in sections 318 to 320, 322 and 324 must not be impaired by the passage of electrical cables, pipes, trunks, ducts or other transit devices through the divisions.

(2) The doors and other closures of openings in the boundaries, decks, bulkheads and lockers referred to in sections 318 to 320, 322 and 324 must have fire-resistant properties equivalent to those of the class divisions of the structures in which they are fitted.

Interior Finish and Furniture

326 (1) Subject to section 327, the exposed surfaces within an accommodation space, service space or wheelhouse must

(2) Paint, varnish or similar preparation that contains a nitro-cellulose base must not be applied, and a fabric that contains nitro-cellulose must not be fitted, to any interior surface of the vessel or any furniture.

327 (1) The primary deck coverings within an accommodation space, service space or wheelhouse must

(2) The surface finish material, other than soft floor coverings, within an accommodation space, service space or wheelhouse must

(3) Soft floor coverings within an accommodation space, service space or wheelhouse must

328 (1) Curtains or other suspended textiles must not be installed within 600 mm of any cooking appliance, any heating or fuel-burning appliance or any similar appliance.

(2) On a vessel carrying more than 100 passengers or more than 12 berthed passengers,

(3) In subsection (2), flame resistant fabric means a fabric that a product certification body or testing laboratory has certified as meeting the requirements of the standard CAN/ULC-S109, entitled Flame Tests of Flame-Resistant Fabrics and Films, published by the Standards Council of Canada, or the standard NFPA 701, entitled Standard Methods of Fire Tests for Flame Propagation of Textiles and Films.

Ventilation Systems — Passenger-carrying Vessels

329 (1) This section applies in respect of passenger-carrying vessels.

(2) A ventilation duct that serves an accommodation space, service space or wheelhouse must not pass through a machinery space unless the duct is gastight, made of steel or aluminum alloy and insulated with 30-minute fire rated insulation.

(3) Every exhaust ventilation duct from a galley range hood must have a grease trap and be made of steel.

(4) Means must be provided for closing the main inlets and outlets of every ventilation system from a position outside the space served by the system. The means of closing must

(5) Means of control must be provided for stopping the ventilation fans that serve an accommodation space, service space, cargo space, control station or machinery space. The means must be in a readily accessible position outside the space or the station but, in the case of a ventilation fan serving a machinery space, must be located as required by subsection 341(2).

(6) A ventilation duct that serves a machinery space or galley must not pass through an accommodation space, service space or wheelhouse unless the duct is gastight, made of steel or aluminum alloy and insulated with 30-minute fire rated insulation.

(7) On a composite vessel, if a ventilation duct that serves a machinery space is an integral part of the structure, the internal surfaces of the duct must be coated with a fire retardant coating of the intumescent type or be insulated with 30-minute fire rated insulation.

Fuel Tanks — Passenger-carrying Vessels

330 (1) This section applies in respect of passenger-carrying vessels.

(2) A fuel tank must

(3) If a fuel tank that is not made of steel is located in or adjacent to a machinery space, or is located in or adjacent to a space containing flammable material, the exposed surfaces of the tank must be insulated with 30-minute fire rated insulation.

(4) On a composite vessel, a composite fuel tank that is an integral part of the hull must be coated with a final layer of fire retardant resin. The exposed surfaces of the tank must be insulated with 30-minute fire rated insulation.

Fire Detection, Alarms and Communications

Automatic Fire Detection and Alarm Systems

331 (1) An automatic fire detection and alarm system must be installed in order to detect the presence and location of a fire in an accommodation space, machinery space and service space.

(2) The system must indicate the presence of the fire by an audio signal given at one or more points on the vessel so as to come rapidly to the notice of the vessel’s master and crew. In an occupied machinery space with high ambient noise level, the system must also indicate the presence of the fire by flashing red lights or beacons of sufficient intensity and number to alert the occupants of the space.

(3) The system must be designed so that

(4) The system must be installed so that

(5) The smoke and heat detectors must be certified by a product certification body or be of a type approved by a recognized organization.

(6) The heat detectors must be

Public Address System

332 (1) A public address system must be installed on a vessel whose layout restricts the use of direct oral communication from the control station or wheelhouse to any accommodation space, service space, machinery space, open deck or muster or embarkation station.

(2) The public address system must provide effective means of communication throughout the accommodation spaces, service spaces, open decks and muster and embarkation stations.

(3) The public address system must be designed and installed so that

Water Firefighting Systems

General

333 Every vessel must be fitted with a water firefighting system that meets the requirements of sections 334 to 338.

Fire Pumps

334 (1) A vessel of a length overall set out in column 1 of the table to this subsection must be fitted with the number and type of fixed fire pumps set out in column 2 that have the water capacity set out in column 3 and the fire main diameter set out in column 4.

Table

 

Column 1

Column 2

Column 3

Column 4

Item Length Overall Fixed Fire Pumps Water Capacity (L/s) Fire Main Diameter (mm)

1

Not more than 15 m

One manual or power-driven fire pump

1.14

25

2

More than 15 m but not more than 20 m

(a) One manual or power-driven fire pump; and

1.14

38
   

(b) one power-driven fire pump

1.14

38

3

Over 20 m

(a) One manual or power-driven fire pump; and

1.80

38
   

(b) one power-driven fire pump

2.28

38

(2) If a bilge, sanitary or general service pump is used as a fire pump, a non-return valve or swing check valve must be fitted between the sea connection and the bilge suction to positively prevent the discharge of water into the bilge compartments. The bilge pumping system and the fire pumping system must be capable of simultaneous operation.

(3) A power-driven fire pump must not be powered by a main engine unless the engine can be operated independently of the propeller shafting.

(4) Relief valves must be provided for every fire pump that is capable of developing a pressure exceeding the design pressure of the fire piping, the fire hydrants or the fire hoses. The valves must be placed and adjusted to prevent excessive pressure in any part of the firefighting system.

(5) If one fire pump is required, it must be located outside the machinery space and be provided with a sea connection outside the space. If the pump is power-driven, it must be provided with a source of power outside the space.

(6) If two fire pumps are required, they must be located in separate compartments and be provided with sea connections independent of one another. If both of those pumps are power-driven, they must be provided with sources of power independent of one another.

(7) On a vessel fitted with two or more fire pumps connected to a common piping system, a non-return valve must be fitted to the discharge line of each pump to prevent water from backing through the pump when it is not operating.

(8) Every fire pump must

(9) Every fire pump must, unless it is on the open deck, be made of non-combustible materials.

(10) Every fire pump impeller must be of a type that will not be damaged by heat from the pump or by the pump running dry.

(11) Every sea connection of a fire pump must have arrangements to prevent blockage of the connection’s inlet by ice, slush or debris.

Fire Piping and Fire Hydrants

335 (1) The number and position of fire hydrants on a vessel must be such that, when they are fitted with hoses of not more than 18 m in length, the jet of water required by paragraph 334(8)(b) can reach any part of the vessel.

(2) Every fire hydrant must be equipped with a hose and with a dual-purpose nozzle that

(3) The branch fire piping and fire hydrants on a vessel must be of a standard size and have a diameter that is not less than the minimum diameter required by subsection 334(1) for fire mains on the vessel.

(4) On a vessel that carries deck cargo, the fire piping and fire hydrants must be arranged to avoid risk of damage by deck cargo.

(5) The maximum pressure at a fire hydrant must not exceed the pressure at which a fire hose can be effectively controlled by one crew member.

(6) Every fire hydrant must be installed so that

(7) The fire piping must be installed with a gradient that allows drainage under all normal operating conditions. Drain valves must be provided where necessary for effective drainage.

(8) The fire piping and fire hydrants must be installed so as to avoid the possibility of freezing.

336 (1) The fire piping and the valves and fittings of the water firefighting system must be made of galvanized steel or another material of equivalent mechanical strength and equivalent corrosion and fire-resistance.

(2) The joints in the fire piping must be connected in a manner that prevents leakage and must meet the pressure requirements of the fire piping system. Flanged or screwed connections, or other connections that are at least as reliable as flanged or screwed connections, must be used.

337 (1) Every fire hydrant must be fitted with a valve so that any fire hose attached to the hydrant can be detached while the fire pumps are in operation.

(2) Every valve fitted to fire piping must be designed to open with a counter-clockwise rotation of the valve’s handle.

(3) The tools and accessories that are necessary to use a fire hydrant or fire hose must be located in close proximity to the hydrant or hose.

338 (1) A flexible hose must not be used as part of the fire piping unless the hose

(2) A metallic hose clamp may be used only with a flexible hose that is designed for clamps. The hose clamp must be

Fixed Gas Fire-extinguishing Systems

General

339 (1) Subject to subsection (6), every machinery space must be served by

(2) The fixed fire-extinguishing system must

(3) Subsection (2) does not apply in respect of the design of pressure containers for a fixed fire-extinguishing system. Every pressure container for a fixed fire-extinguishing system must bear a mark indicating that it

(4) When a fixed fire-extinguishing system is activated, a complete charge must be released simultaneously.

(5) On a wooden or composite vessel,

(6) A machinery space is not required to be served by a fixed fire-extinguishing system if

(7) The following definitions apply in this section.

engineered system means, in respect of a fixed fire-extinguishing system, a system that requires calculations and a design that are specific to the vessel in which it is fitted and whose purpose is to determine the flow rates, nozzle pressures, pipe size, area or volume protected by each nozzle, the quantity of extinguishing agent and the number and types of nozzles and their placement. (système sur mesure)

pre-engineered system means, in respect of a fixed fire-extinguishing system, a system that

Components

340 (1) The piping, valves and fittings of a fixed fire-extinguishing system must be made of galvanized steel or another material of equivalent corrosion and fire-resistance, and must be securely connected to one another and securely supported.

(2) The components of the fixed fire-extinguishing system must be resistant to or protected from mechanical, chemical or other damage that could render them inoperative.

(3) The relief valves of the fixed fire-extinguishing system must be safely vented.

Controls and Alarms

341 (1) Every fixed gas fire-extinguishing system that serves a machinery space must have a means of control that

(2) Means must be provided in the wheelhouse, or in a location readily accessible from the position where the means of control is located, to

(3) If the machinery space has a gross volume of more than 57 m3 or is normally occupied, the fixed fire-extinguishing system must not have an automatic means to release the extinguishing agent.

(4) Unless the machinery space is too small for a crew member to enter it, the fixed fire-extinguishing system must have an alarm to warn of any impending release of the extinguishing agent. The alarm must

(5) If the fixed fire-extinguishing system has an automatic means to release the extinguishing agent,

Escape of Extinguishing Agent

342 (1) Every machinery space must be capable of keeping the quantity of the extinguishing agent required by subsection 345(2), 346(2) or 347(2), as the case may be, within the space for at least 15 minutes.

(2) The openings that can admit air to, or allow the extinguishing agent to escape from, a machinery space must be capable of being closed from outside the space. The means of closing must meet the requirements of subsection 329(4).

(3) The openings that are used to vent a machinery space must be vented to outside the vessel and not to a location in the vicinity of a muster station.

(4) If the release of the extinguishing agent into a machinery space could cause over- or under-pressurization that would affect the integrity of the space, measures must be in place to protect the integrity of the space.

Information and Procedures

343 (1) A placard containing the following warning must be posted near the means of control for a fixed gas fire-extinguishing system:

WARNING

Harmful Gas — Do not release the gas until all crew members have evacuated the machinery space — Do not re-enter the machinery space until all gas has been removed and the space declared safe

AVERTISSEMENT

Gaz nocif — Ne pas libérer le gaz avant que tous les membres d’équipage aient évacué le local de machines — Ne pas retourner dans le local avant que tout le gaz ait été éliminé et que le local soit déclaré sécuritaire

(2) A placard containing the following warning must be posted near the means of control for a fixed aerosol fire-extinguishing system:

WARNING

Harmful Aerosol — Do not release the aerosol until all crew members have evacuated the machinery space — Do not re-enter the machinery space until all aerosol has been removed and the space declared safe

AVERTISSEMENT

Aérosol nocif — Ne pas libérer l’aérosol avant que tous les membres d’équipage aient évacué le local de machines — Ne pas retourner dans le local avant que tout l’aérosol ait été éliminé et que le local soit déclaré sécuritaire

(3) A placard containing the following warning must be posted at the entrance to an occupied machinery space:

DANGER

Space protected by fire-extinguishing system — Vacate space immediately when alarm sounds

DANGER

Local protégé par un système d’extinction d’incendie — Quitter le local immédiatement lorsque l’alarme retentit

(4) Clear instructions for the safe operation of a fixed fire-extinguishing system must be kept near the means of control for the system.

(5) The procedure to follow in case of a fire in a machinery space must be posted at each fire control station and must include instructions for

Containers

344 (1) A container that is used in a fixed fire-extinguishing system must be kept in a location where it is not exposed to severe weather conditions and where it is protected from mechanical, chemical or other damage.

(2) Means must be provided to indicate whether the container has been discharged.

(3) Means must be provided for the crew to safely check the quantity of extinguishing agent and the pressure in the container.

(4) If the fixed fire-extinguishing system serves a machinery space, the container must be kept in a location that is

(5) Despite paragraph (4)(c), unless the container contains carbon dioxide, the container may be kept in the machinery space if the space has a gross volume of not more than 57 m3 and is not normally occupied.

(6) If the container is connected to a common manifold, a non-return valve must be installed to allow the container to be disconnected

Fixed Carbon Dioxide Fire-extinguishing Systems

345 (1) For the purposes of subsection 339(2), in the case of a fixed carbon dioxide fire-extinguishing system, “certified for marine use by a product certification body” is to be read as “certified for marine use by a product certification body in accordance with the standard NFPA 12, entitled Standard on Carbon Dioxide Extinguishing Systems,”.

(2) The quantity of carbon dioxide in a fixed carbon dioxide fire-extinguishing system that serves a machinery space must be sufficient to achieve, at a specific volume of 0.56 m3 per kilogram, a volume of free gas equal to

(3) The fixed fire-extinguishing system must release a sufficient quantity of carbon dioxide to allow 85% of the quantity required by subsection (2) to be reached in 120 seconds or less in the machinery space.

Other Fixed Gas Fire-extinguishing Systems

346 (1) For the purposes of subsection 339(2), in the case of a fixed gas fire-extinguishing system that uses a gas other than carbon dioxide, “certified for marine use by a product certification body” is to be read as “certified for marine use by a product certification body in accordance with the standard NFPA 2001, entitled Standard on Clean Agent Fire Extinguishing Systems,”.

(2) The quantity of gas in a fixed gas fire-extinguishing system that uses a gas other than carbon dioxide and that serves a machinery space must be sufficient to protect the space. The required quantity of gas must be calculated using the minimum expected ambient temperature in the space, the minimum design concentration of the gas and the net volume of the space.

(3) The minimum design concentration of the gas is the greater of

(4) The net volume of the machinery space is its gross volume, including the volume of the bilge, the volume of the casing and the volume of free air contained in compressed air receivers that can be released into the space in the event of a fire, minus the volume of objects in the space.

(5) If the fixed fire-extinguishing system uses halocarbon as the extinguishing agent, the system must release a sufficient quantity of the agent to allow 95% of the minimum design concentration of the agent to be reached in 10 seconds or less in the machinery space. If the system uses an inert gas as the extinguishing agent, the system must release a sufficient quantity of the agent to allow 85% of the minimum design concentration of the agent to be reached in 120 seconds or less in the space.

Fixed Aerosol Fire-extinguishing Systems

347 (1) For the purposes of subsection 339(2), in the case of a fixed aerosol fire-extinguishing system,

(2) The quantity of aerosol in a fixed aerosol fire-extinguishing system that serves a machinery space must be sufficient to protect the space. The required quantity of aerosol must be calculated using the minimum expected ambient temperature in the space, the design application density of the aerosol, the net volume of the space and, if the system uses a condensed aerosol, the efficiency of the system’s generator.

(3) The design application density of the aerosol must be at least 30% above the extinguishing application density, when the extinguishing application density of the aerosol is determined by full-scale testing.

(4) The net volume of the machinery space is its gross volume, including the volume of the bilge, the volume of the casing, and the volume of free air contained in compressed air receivers that can be released into the space in the event of a fire, minus the volume of objects in the space.

(5) The fixed fire-extinguishing system must release a sufficient quantity of aerosol to allow the design application density of the aerosol to be reached in 120 seconds or less in the machinery space.

[348 to 399 reserved]

PART 4

Consequential and Related Amendments, Repeal and Coming into Force

Consequential Amendments
Hull Construction Regulations

400 (1) The definitions ’A’ Class division, ’B’ Class division, combustible material, control station, hotel ship, incombustible material, main vertical zones, public rooms and standard fire test in section 2 of the Hull Construction Regulations (see footnote 1) are repealed.

(2) The definition machinery space in section 2 of the Regulations is replaced by the following:

machinery space means the space extending from the moulded base line of the ship to the margin line and between the extreme transverse water-tight bulkheads bounding the spaces appropriated to the main and auxiliary propelling machinery, boiler and the permanent coal bunkers; (locaux de machines ou tranche des machines)

401 (1) Subsections 3(3) to (6.1) of the Regulations are repealed.

(2) Subsections 3(9) to (12) of the Regulations are repealed.

402 Parts III to VI of the Regulations are repealed.

403 Section 79 of the Regulations is replaced by the following:

79 Sections 80, 81 and 98 do not apply to a ship to which Part VIII applies.

404 Section 84 of the Regulations and the heading before it are replaced by the following:

Plans and Inspections

405 The heading before section 94 and sections 94 to 97 of the Regulations are repealed.

406 The Regulations are amended by adding the following before section 98:

Wheelhouse Windows

407 Parts IX and X of the Regulations are repealed.

Large Fishing Vessel Inspection Regulations

408 Paragraph 26(b) of the Large Fishing Vessel Inspection Regulations (see footnote 2) is replaced by the following:

409 Subparagraph 2(2)(b)(xiii) of Schedule I to the Regulations is replaced by the following:

Transportation of Dangerous Goods Regulations

410 (1) Subparagraph 1.49(1)(e)(i) of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 3) is replaced by the following:

(2) Paragraph 1.49(1)(e) of Part 1 of the Regulations is amended by striking out “and” at the end of subparagraph (iv), by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):

Marine Machinery Regulations

411 Paragraph 14(c) of Division II of Part I of Schedule VIII to the Marine Machinery Regulations (see footnote 4) is replaced by the following:

Marine Personnel Regulations

412 (1) Paragraph 207(3)(e) of the Marine Personnel Regulations (see footnote 5) is replaced by the following:

(2) Subparagraph 207(4)(d)(i) of the Regulations is replaced by the following:

Cargo, Fumigation and Tackle Regulations

413 Paragraph 157(3)(a) of the Cargo, Fumigation and Tackle Regulations (see footnote 6) is replaced by the following:

Maritime Occupational Health and Safety Regulations

414 Section 91 of the Maritime Occupational Health and Safety Regulations (see footnote 7) is replaced by the following:

91 Fire protection equipment must be installed, inspected and maintained on board every vessel in accordance with

Related Amendment to the Marine Machinery Regulations

415 Division II of Part I of Schedule IX to the Marine Machinery Regulations (see footnote 8) is amended by adding the following after item 10:

10.1 Despite items 9 and 10, plastic piping referred to in sections 114 and 226 of the Vessel Fire Safety Regulations may be used.

Repeal

416 The Fire Detection and Extinguishing Equipment Regulations (see footnote 9) are repealed.

Coming into Force

417 These Regulations come into force on the day on which they are registered.

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 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:

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 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:

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:

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

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:

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

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: luc.tremblay@tc.gc.ca