Convention ILO C92 Accommodation of Crews Convention (Revised), (18.06.1949)

 

Convention C92

ACCOMMODATION OF CREWS CONVENTION (REVISED), 1949

(18.06.1949)

Convention concerning Crew Accommodation on Board Ship (Revised 1949)

 

 

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 Thirty-second Session on 8 June 1949, and

 

Having decided upon the adoption of certain proposals with regard to the partial revision of the Accommodation of Crews Convention, 1946, adopted by the Conference at its Twenty-eighth Session, which is included in the twelfth item on the agenda of the session, and

 

Considering that these proposals must take the form of an international Convention,

 

adopts this eighteenth day of June of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Accommodation of Crews Convention (Revised), 1949:

 

PART I. GENERAL PROVISIONS

 

Article 1

 

1. This Convention applies to every sea-going mechanically propelled vessel, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade and is registered in a territory for which this Convention is in force.

 

2. National laws or regulations shall determine when vessels are to be regarded as sea-going vessels for the purpose of this Convention.

 

3. This Convention does not apply to:

 

a) vessels of less than 500 tons;

 

b) vessels primarily propelled by sail but having auxiliary engines;

 

c) vessels engaged in fishing or in whaling or in similar pursuits;

 

d) tugs.

 

4. Provided that the Convention shall be applied where reasonable and practicable to:

 

a) vessels between 200 and 500 tons; and

 

b) the accommodation of persons engaged in usual sea-going routine in vessels engaged in whaling or in similar pursuits.

 

5. Provided also that any of the requirements contained in Part III 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 to the Director-General of the International Labour Office, who shall notify the Members of the International Labour Organisation.

 

Article 2

 

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 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 crew accommodation includes such sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation and recreation accommodation as are provided for the use of the crew;

 

h) the term prescribed means prescribed by national laws or regulations or by the competent authority;

 

i) the term approved means approved by the competent authority;

 

j) the term re-registered means re-registered on the occasion of a simultaneous change in the territory of registration and ownership of the vessel.

 

Article 3

 

1. Each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention.

 

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 recognised 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. PLANNING AND CONTROL OF CREW ACCOMMODATION

 

Article 4

 

1. Before the construction of a ship is begun a plan of the ship, showing on a prescribed scale the location and general arrangement of the crew accommodation, shall be submitted for approval to the competent authority.

 

2. Before the construction of the crew accommodation is begun and before the crew accommodation in an existing ship is altered or reconstructed, detailed plans of, and information concerning, the accommodation, showing on a prescribed scale and in prescribed detail the allocation of each space, the disposition of furniture and fittings, the means and arrangement of ventilation, lighting and heating, and the sanitary arrangements, shall be submitted for approval to the competent authority: Provided that in the case of emergency or temporary alterations or reconstruction effected outside the territory of registration it shall be sufficient compliance with this provision if the plans are subsequently submitted for approval to the competent authority.

 

Article 5

 

On every occasion when:

 

a) a ship is registered or re-registered,

 

b) the crew accommodation of a ship has been substantially altered or reconstructed, or

 

c) complaint has been made to the competent authority in the prescribed manner and in time to prevent any delay to the vessel by a recognised bona fide trade union of seafarers representing all or part of the crew or by a prescribed number or proportion of the members of the crew of the ship that the crew accommodation is not in compliance with the terms of this Convention,

 

the competent authority shall inspect the ship and satisfy itself that the crew accommodation complies with the requirements of the laws and regulations.

 

PART III. CREW ACCOMMODATION REQUIREMENTS

 

Article 6

 

1. The location, means of access, structure and arrangement in relation to other spaces of crew accommodation shall be such as to ensure adequate security, protection against weather and sea, and insulation from heat or cold, undue noise or effluvia from other spaces.

 

2. There shall be no direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine, deck and other bulk storerooms, drying rooms, communal wash places or water closets. That part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gastight.

 

3. External bulkheads of sleeping rooms and mess rooms shall be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced shall be adequately insulated where there is a possibility of resulting heat effects in adjoining accommodation or passageways. Care shall also be taken to provide protection from heat effects of steam and/or hot-water service pipes.

 

4. Internal bulkheads shall be of approved material which is not likely to harbour vermin.

 

5. Sleeping rooms, mess rooms, recreation rooms and alley-ways in the crew accommodation space shall be adequately insulated to prevent condensation or overheating.

 

6. Main steam and exhaust pipes for winches and similar gear shall not pass through crew accommodation nor, whenever technically possible, through alley-ways leading to crew accommodation; where they do pass through such alley-ways they shall be adequately insulated and encased.

 

7. Inside panelling or sheeting shall be of material with a surface easily kept clean. Tongued and grooved boarding or any other form of construction likely to harbour vermin shall not be used.

 

8. The competent authority shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.

 

9. The wall surface and deckheads in sleeping rooms and mess rooms shall be capable of being easily kept clean and, if painted, shall be light in colour; lime wash must not be used.

 

10. The wall surfaces shall be renewed or restored as necessary.

 

11. The decks in all crew accommodation shall be of approved material and construction and shall provide a surface impervious to damp and easily kept clean.

 

12. Where the floorings are of composition the joinings with sides shall be rounded to avoid crevices.

 

13. Sufficient drainage shall be provided.

 

Article 7

 

1. Sleeping rooms and mess rooms shall be adequately ventilated.

 

2. The system of ventilation shall be controlled so as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate.

 

3. Ships regularly engaged on voyages in the tropics and the Persian Gulf shall be equipped with both mechanical means of ventilation and electric fans: Provided that one only of these means need be adopted in spaces where this ensures satisfactory ventilation.

 

4. Ships engaged outside the tropics shall be equipped with either mechanical means of ventilation or electric fans. The competent authority may exempt ships normally employed in the cold waters of the northern or southern hemispheres from this requirement.

 

5. Power for the operation of the aids to ventilation required by paragraphs 3 and 4 shall, when practicable, be available at all times when the crew is living or working on board and conditions so require.

 

Article 8

 

1. An adequate system of heating the crew accommodation shall be provided except in ships engaged exclusively in voyages in the tropics and the Persian Gulf.

 

2. The heating system shall, when practicable, be in operation at all times when the crew is living or working on board and conditions require its use.

 

3. In all ships in which a heating system is required, the heating shall be by means of steam, hot water, warm air or electricity.


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