Convention C133
ACCOMMODATION OF CREWS (SUPPLEMENTARY
PROVISIONS) CONVENTION
(30.10.1970)
The
General Conference of the International Labour Organisation,
Having
been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Fifty-fifth Session on 14 October 1970, and
Noting
that the Accommodation of Crews Convention (Revised), 1949, lays down detailed
specifications concerning such matters as sleeping accommodation, mess and
recreation rooms, ventilation, heating, lighting and sanitary facilities on
board ship, and
Considering
that in the light of the rapidly changing characteristics of both the
construction and the operation of modern ships further improvements in crew
accommodation can be provided, and
Having
decided upon the adoption of certain proposals with regard to crew
accommodation, which is the second item on the agenda of the session, and
Having
determined that these proposals shall take the form of an international
Convention supplementing the Accommodation of Crew Convention (Revised), 1949,
adopts
this thirtieth day of October of the year one thousand nine hundred and seventy
the following Convention, which may be cited as the Accommodation of Crews
(Supplementary Provisions) Convention, 1970:
1.
This Convention applies to every sea-going ship, whether publicly or privately
owned, which is engaged in the transport of cargo or passengers for the purpose
of trade or is employed for any other commercial purpose, which is registered
in a territory for which this Convention is in force, and of which the keel is
laid, or which is at a similar stage of construction, on or after the date of
coming into force of the Convention for that territory.
2.
National laws or regulations shall determine when ships are to be regarded as
sea-going ships for the purpose of this Convention.
3.
This Convention applies to tugs where reasonable and practicable.
4.
This Convention does not apply to:
a) ships of less
than 1,000 tons;
b) ships
primarily propelled by sail, whether or not they are fitted with auxiliary
engines;
c) ships engaged
in fishing or in whaling or in similar pursuits;
d) hydrofoils
and air-cushion craft.
5.
Provided that the Convention shall be applied where reasonable and practicable
to:
a) ships between
200 and 1,000 tons; and
b) the
accommodation of persons engaged in usual sea-going routine in ships engaged in
whaling or in similar pursuits.
6.
Provided also that any of the requirements applicable by virtue of Article 3 of
this Convention may be varied in the case of any ship if the competent
authority is satisfied, after consultation with the organisations of shipowners
and/or the shipowners and with the bona fide trade unions of seafarers, that
the variations to be made provide corresponding advantages as a result of which
the over-all conditions are not less favourable than those which would result
from the full application of the provisions of the Convention; particulars of
all such variations shall be communicated by the Member concerned to the
Director-General of the International Labour Office.
7.
Provided further that the competent authority shall, after consultation with
the organisations of shipowners and/or the shipowners and with the bona fide
trade unions of seafarers, determine the extent to which it is appropriate,
taking into consideration the need for off-duty accommodation, to make
exceptions or to diverge from the provisions of this Convention in the case of:
a) sea-going
ferries, feeder ships and similar ships which are not continuously manned with
one permanent crew;
b) sea-going
ships when repair personnel are carried temporarily in addition to the ship's
crew;
c) sea-going
ships engaged on short voyages which allow members of the crew to go home or to
make use of comparable facilities for part of each day.
In
this Convention:
a) the term ship
means a vessel to which the Convention applies;
b) the term tons
means gross register tons;
c) the term
passenger ship means a ship in respect of which there is in force either (i) a
passenger ship safety certificate issued in accordance with the provisions of
the International Convention for the Safety of Life at Sea for the time being
in force, or (ii) a passenger certificate;
d) the term
officer means a person other than a master ranked as an officer by national
laws or regulations, or, in the absence of any relevant laws or regulations, by
collective agreement or custom;
e) the term
rating means a member of the crew other than an officer;
f) the term
petty officer means a rating serving in a supervisory position or position of
special responsibility who is classed as petty officer by national laws or
regulations, or, in the absence of any relevant laws or regulations, by collective
agreement or custom;
g) the term
adult means a person who is at least 18 years of age;
h) the term crew
accommodation includes such sleeping rooms, mess rooms, sanitary accommodation,
hospital accommodation and recreation accommodation as are provided for the use
of the crew;
i) the term
prescribed means prescribed by national laws or regulations or by the competent
authority;
j) the term
approved means approved by the competent authority;
k) the term
re-registered means re-registered on the occasion of a simultaneous change in
the territory of registration and ownership of the ship.
Each
Member for which this Convention is in force undertakes to comply, in respect
of ships to which this Convention applies, with:
a) the
provisions of Parts II and III of the Accommodation of Crews Convention
(Revised), 1949; and
b) the
provisions of Part II of this Convention.
1.
Each Member for which this Convention is in force undertakes to maintain in
force laws or regulations which ensure its application.
2.
The laws or regulations shall:
a) require the
competent authority to bring them to the notice of all persons concerned;
b) define the
persons responsible for compliance therewith;
c) prescribe
adequate penalties for any violation thereof;
d) provide for
the maintenance of a system of inspection adequate to ensure effective
enforcement;
e) require the
competent authority to consult the organisations of shipowners and/or the
shipowners and the bona fide trade unions of seafarers in regard to the framing
of regulations, and to collaborate so far as practicable with such parties in
the administration thereof.
PART II. CREW
ACCOMMODATION REQUIREMENTS
1.
The floor area per person of sleeping rooms intended for ratings shall be not
less than:
a) 3.75 square
metres (40.36 square feet) in ships of 1,000 tons or over but less than 3,000
tons;
b) 4.25 square
metres (45.75 square feet) in ships of 3,000 tons or over but less than 10,000
tons;
c) 4.75 square
metres (51.13 square feet) in ships of 10,000 tons or over.
2.
Provided that the floor area per person of sleeping rooms intended for two
ratings shall be not less than:
a) 2.75 square
metres (29.60 square feet) in ships of 1,000 tons or over but less than 3,000
tons;
b) 3.25 square
metres (34.98 square feet) in ships of 3,000 tons or over but less than 10,000
tons;
c) 3.75 square
metres (40.36 square feet) in ships of 10,000 tons or over.
3.
Provided also that the floor area of sleeping rooms intended for ratings in passenger
ships shall be not less than:
a) 2.35 square
metres (25.30 square feet) per person in ships of 1,000 tons or over but less
than 3,000 tons;
b) in ships of
3,000 tons or over:
i) 3.75 square
metres (40.36 square feet) in rooms accommodating one person;
ii) 6.00 square
metres (64.58 square feet) in rooms accommodating two persons;
iii) 9.00 square
metres (96.88 square feet) in rooms accommodating three persons;
iv) 12.00 square
metres (129.17 square feet) in rooms accommodating four persons.
4.
The number of ratings occupying sleeping rooms shall not exceed two persons per
room, except in passenger ships where the maximum number permissible shall be
four.
5.
The number of petty officers occupying sleeping rooms shall not exceed one or
two persons per room.
6.
In sleeping rooms for officers, where no private sitting room or day room is
provided, the floor area per person shall not be less than 6.50 square metres
(69.96 square feet) in ships of less than 3,000 tons, and not less than 7.50
square metres (80.73 square feet) in ships of 3,000 tons or over.
7.
In ships other than passenger ships an individual sleeping room shall be
provided for each adult member of the crew, where the size of the ship, the
activity in which it is to be engaged, and its layout make this reasonable and
practicable.
8.
Where practicable in ships of 3,000 tons or over, the chief engineer officer
and the chief navigating officer shall have, in addition to their sleeping
room, an adjoining sitting room or day room.
9.
Space occupied by berths and lockers, chests of drawers and seats shall be
included in the measurement of the floor area. Small or irregularly shaped
spaces which do not add effectively to the space available for free movement
and cannot be used for installing furniture shall be excluded.
10.
The minimum inside dimensions of a berth shall be 198 centimetres by 80
centimetres (6 feet 6 inches by 2 feet 7.50 inches).
1.
The floor area of mess rooms for officers and for ratings shall be not less than
1 square metre (10.76 square feet) per person of the planned seating capacity.
2.
Mess rooms shall be equipped with tables and approved seats, fixed or movable,
sufficient to accommodate the greatest number of members of the crew likely to
use them at any one time.
3.
There shall be available at all times when members of the crew are on board:
a) a
refrigerator, which shall be conveniently situated, of sufficient capacity for
the number of persons using the mess room or mess rooms;
b) facilities
for hot beverages; and
c) cool water
facilities.
4.
The competent authority may permit such exceptions to the provisions of
paragraphs 1 and 2 of this Article concerning mess room accommodation as may be
necessary to meet the special conditions in passenger ships.
1.
Recreation accommodation, conveniently situated and appropriately furnished,
shall be provided for officers and for ratings. Where this is not provided
separately from the mess rooms the latter shall be planned, furnished and
equipped to give recreational facilities.
2.
Furnishing for recreation accommodation shall as a minimum include a bookcase
and facilities for reading, writing and, where practicable, for games.
3.
In respect of ships of 8,000 tons or over, a smoking room or library room in
which films or television may be shown and a hobby and games room shall be
provided; consideration shall be given to the provision of a swimming pool.
4.
In connection with the planning of recreation accommodation, the competent
authority shall give consideration to the provision of a canteen.
1.
In all ships a minimum of one water closet and one tub and/or shower bath for
every six persons or less who do not have facilities in pursuance of paragraphs
2 to 4 of this Article shall be provided at a convenient location for officers
and for ratings. When women are employed in a ship, separate sanitary
facilities shall be provided for them.
2.
In ships of 5,000 tons or over but less than 15,000 tons, individual sleeping
rooms for at least five officers shall have attached to them a separate private
bathroom fitted with a water closet as well as a tub and/or shower bath and a
wash basin having hot and cold running fresh water; the wash basin may be
situated in the sleeping room. In addition, in ships of 10,000 tons or over but
less than 15,000 tons, the sleeping rooms of all other officers shall have
private intercommunicating bathrooms similarly fitted.
3.
In ships of 15,000 tons or over, individual sleeping rooms for officers shall
have attached to them a separate private bathroom fitted with a water closet as
well as a tub and/or shower bath and a wash basin having hot and cold running
fresh water; the wash basin may be situated in the sleeping room.
4.
In ships of 25,000 tons or over, other than passenger ships, a bathroom for
every two ratings shall be provided, either in an intercommunicating
compartment between adjoining sleeping rooms or opposite the entrance of such
rooms, which shall be fitted with a water closet as well as a tub and/or shower
bath and a wash basin having hot and cold running fresh water.
5.
In ships of 5,000 tons or over, other than passenger ships, each sleeping room,
whether for officers or ratings, shall be provided with a wash basin having hot
and cold running fresh water, except where such wash basin is situated in a
bathroom provided in conformity with paragraph 2, 3 or 4 of this Article.
6.
In all ships, facilities for washing, drying and ironing clothes shall be
provided for officers and ratings on a scale appropriate to the size of the
crew and the normal duration of the voyage. These facilities shall, whenever
possible, be located within easy access of their accommodation.
7.
The facilities to be provided shall be:
a) washing
machines;
b) drying machines
or adequately heated and ventilated drying rooms; and
c) iron and
ironing boards or their equivalent.
1.
In ships of 1,600 tons or over there shall be provided:
a) a separate
compartment containing a water closet and a wash basin having hot and cold
running fresh water, within easy access of the navigating bridge deck primarily
for those on duty in the area; and
b) a water
closet and a wash basin having hot and cold running fresh water, within easy
access of the machinery space if not fitted near the engine room control
centre.
2.
In ships of 1,600 tons or over, other than ships in which private sleeping
rooms and private or semi-private bathrooms are provided for all engine
department personnel, facilities for changing clothes shall be provided which
shall be:
a) located
outside the machinery space but with easy access to it; and
b) fitted with
individual clothes lockers as well as with tubs and/or shower baths and wash
basin having hot and cold running fresh water.
The
minimum headroom in all crew accommodation where full and free movement is
necessary shall be not less than 198 centimetres (6 feet 6 inches): Provided
that the competent authority may permit some limited reduction in headroom in
any space, or part of any space, in such accommodation where it is satisfied
that it is reasonable to do so and also that such reduction will not result in
discomfort to the crew.
1.
Crew accommodation shall be properly lighted.
2.
Subject to such special arrangements as may be permitted in passenger ships,
sleeping rooms and mess rooms shall be lighted by natural light and shall be
provided with adequate artificial light.
3.
In all ships electric light shall be provided in the crew accommodation. If
there are not two independent sources of electricity for lighting, additional
lighting shall be provided by properly constructed lamps or lighting apparatus
for emergency use.
4.
In sleeping rooms an electric reading lamp shall be installed at the head of
each berth.
5.
Suitable standards of natural and artificial lighting shall be fixed by the
competent authority.
In
the case of ships the manning of which has to take account, without
discrimination, of the interests of crews having differing and distinctive religious
and social practices, the competent authority may, after consultation with the
organisations of shipowners and/or the shipowners and with the bona fide trade
unions of the seafarers concerned, and provided that these two sides are in
agreement, permit variations in respect of the provisions of paragraphs 1 to 4
and paragraph 7 of Article 5 and paragraphs 1 and 4 of Article 8 of this
Convention on condition that such variations do not result in over-all
facilities less favourable than those which would result from the application
of the provisions of the Convention. Particulars of all such variations shall
be communicated by the Member concerned to the Director-General of the
International Labour Office who shall notify the Members of the International
Labour Organisation.
PART III. APPLICATION
OF THE CONVENTION TO EXISTING SHIPS
1.
In the case of a ship which is fully complete on the date of the coming into
force of this Convention for the territory of registration and which is below
the standard set by this Convention, the competent authority may, after
consultation with the organisations of shipowners and/or the shipowners and
with the bona fide trade unions of seafarers, require such alterations for the
purpose of bringing the ship into conformity with the requirements of the
Convention as it deems reasonable and practicable, having regard in particular
to technical, economic and other problems involved in the application of
Articles 5, 8 and 10, to be made when:
a) the ship is
re-registered;
b) substantial
structural alterations or major repairs are made to the ship as a result of
long-range plans and not as a consequence of an accident or emergency.
2.
In the case of a ship in the process of building and/or conversion on the date
of the coming into force of this Convention for the territory of registration,
the competent authority may, after consultation with the organisations of
shipowners and/or the shipowners and with the bona fide trade unions of
seafarers, require such alterations for the purpose of bringing the ship into
conformity with the requirements of the Convention as it deems reasonable and
practicable, having regard in particular to technical, economic and other
problems involved in the application of Articles 5, 8 and 10; such alterations
shall constitute final compliance with the terms of this Convention.
3.
In the case of a ship, other than such a ship as is referred to in paragraphs 1
and 2 of this Article or a ship to which the provisions of this Convention were
applicable while she was under