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.

 

4. In any ships in which heating is provided by a stove, measures shall be taken to ensure that the stove is of sufficient size and is properly installed and guarded and that the air is not fouled.

 

5. The heating system shall be capable of maintaining the temperature in crew accommodation at a satisfactory level under normal conditions of weather and climate likely to be met with on service; the competent authority shall prescribe the standard to be provided.

 

6. Radiators and other heating apparatus shall be so placed and, where necessary, shielded as to avoid risk of fire or danger or discomfort to the occupants.

 

Article 9

 

1. Subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be properly lighted by natural light and shall be provided with adequate artificial light.

 

2. All crew spaces shall be adequately lighted. The minimum standard for natural lighting in living rooms shall be such as to permit a person with a normal vision to read on a clear day an ordinary newspaper in any part of the space available for free movement. When it is not possible to provide adequate natural lighting, artificial lighting of the above minimum standard shall be provided.

 

3. In all ships electric lights 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. Artificial lighting shall be so disposed as to give the maximum benefit to the occupants of the room.

 

5. In sleeping rooms an electric reading lamp shall be installed at the head of each berth.

 

Article 10

 

1. Sleeping rooms shall be situated above the load line amidships or aft.

 

2. In exceptional cases the competent authority may, if the size, type or intended service of the ship render any other location unreasonable or impracticable, permit the location of sleeping rooms in the fore part of the ship, but in no case forward of the collision bulkhead.

 

3. In passenger ships the competent authority may, on condition that satisfactory arrangements are made for lighting and ventilation, permit the location of sleeping rooms below the load line, but in no case immediately beneath working alley-ways.

 

4. The floor area per person of sleeping rooms intended for ratings shall be not less than:

 

a) 20 sq. ft. or 1.85 sq. m. in vessels under 800 tons;

 

b) 25 sq. ft. or 2.35 sq. m. in vessels of 800 tons or over, but under 3,000 tons;

 

c) 30 sq. ft. or 2.78 sq. m. in vessels of 3,000 tons or over:

 

Provided that, in the case of passenger ships in which more than four ratings are berthed in one room, the minimum per person may be 24 sq. ft. (2.22 sq. m.).

 

5. In the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, the competent authority may, in respect of such groups, reduce the minimum floor area of sleeping rooms per person, subject to the conditions that:

 

a) the total sleeping space allotted to the group or groups is not less than would have been allotted had the numbers not been so increased, and

 

b) the minimum floor area of sleeping rooms is not less than:

 

i) 18 sq. ft. (1.67 sq. m.) per person in ships under 3,000 tons;

 

ii) 20 sq. ft. (1.85 sq. m.) per person in ships of 3,000 tons or over.

 

6. 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.

 

7. The clear head room in crew sleeping rooms shall not be less than 6 ft. 3 ins. (190 cm.).

 

8. There shall be a sufficient number of sleeping rooms to provide a separate room or rooms for each department: Provided that the competent authority may relax this requirement in the case of small ships.

 

9. The number of persons allowed to occupy sleeping rooms shall not exceed the following maxima:

 

a) officers in charge of a department, navigating and engineer officers in charge of a watch and senior radio officers or operators: one person per room;

 

b) other officers: one person per room wherever possible, and in no case more than two;

 

c) petty officers: one or two persons per room, and in no case more than two;

 

d) other ratings: two or three persons per room wherever possible, and in no case more than four.

 

10. With a view to ensuring adequate and more comfortable accommodation the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and the bona fide trade unions of seafarers, grant permission to accommodate up to ten ratings per sleeping room in the case of certain passenger ships.

 

11. The maximum number of persons to be accommodated in any sleeping room shall be indelibly and legibly marked in some place in the room where it can conveniently be seen.

 

12. Members of the crew shall be provided with individual berths.

 

13. Berths shall not be placed side by side in such a way that access to one berth can be obtained only over another.

 

14. Berths shall not be arranged in tiers of more than two; in the case of berths placed along the ship's side, there shall be only a single tier where a sidelight is situated above a berth.

 

15. The lower berth in a double tier shall be not less than 12 ins. (30 cm.) above the floor; the upper berth shall be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.

 

16. The minimum inside dimensions of a berth shall be 6 ft. 3 ins. by 2 ft. 3 ins. (190 cm. by 68 cm.).

 

17. The framework and the lee-board, if any, of a berth shall be of approved material, hard, smooth, and not likely to corrode or to harbour vermin.

 

18. If tubular frames are used for the construction of berths, they shall be completely sealed and without perforations which would give access to vermin.

 

19. Each berth shall be fitted with a spring bottom or a spring mattress and with a mattress of approved material. Stuffing of straw or other material likely to harbour vermin shall not be used.

 

20. When one berth is placed over another a dust-proof bottom of wood, canvas or other suitable material shall be fitted beneath the spring bottom of the upper berth.

 

21. Sleeping rooms shall be so planned and equipped as to ensure reasonable comfort for the occupants and to facilitate tidiness.

 

22. The furniture shall include a clothes locker for each occupant. The clothes lockers shall be not less than 5 ft. (152 cm.) in height and of a cross-section area of 300 sq. ins. (19.30 sq. decimetres) and shall be fitted with a shelf and a hasp for a padlock. The padlock shall be provided by the occupant.

 

23. Each sleeping room shall be provided with a table or desk, which may be of the fixed, dropleaf or slide-out type, and with comfortable seating accommodation as necessary.

 

24. The furniture shall be of smooth, hard material not liable to warp or corrode.

 

25. The drawer or equivalent space for each occupant shall be not less than 2 cu. ft. (.056 cu. m.).

 

26. Sleeping rooms shall be fitted with curtains for the sidelights.

 

27. Sleeping rooms shall be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks.

 

28. As far as practicable berthing of crew members shall be so arranged that watches are separated and that no daymen share a room with watch-keepers.

 

Article 11

 

1. Sufficient mess room accommodation shall be provided in all ships.

 

2. In ships of less than 1,000 tons separate mess room accommodation shall be provided for:

 

a) master and officers;

 

b) petty officers and other ratings.

 

3. In ships of 1,000 tons and over, separate mess room accommodation shall be provided for:

 

a) master and officers;

 

b) deck department petty officers and other ratings;

 

c) engine department petty officers and other ratings;

 

Provided that:

 

i) one of the two mess rooms for the petty officers and other ratings may be allotted to the petty officers and the other to the other ratings;

 

ii) a single mess room may be provided for deck and engine department petty officers and other ratings in cases in which the organisations of shipowners and/or shipowners and the recognised bona fide trade unions of seafarers concerned have expressed a preference for such an arrangement.

 

4. Adequate mess room accommodation shall be provided for the catering department, either by the provision of a separate mess room or by giving them the right to the use of the mess rooms assigned to other groups; in the case of ships of 5,000 tons or over with more than five persons in the catering department consideration shall be given to the provision of a separate mess room.

 

5. The dimensions and equipment of each mess room shall be sufficient for the number of persons likely to use it at any one time.

 

6. Mess rooms shall be equipped with tables and approved seats sufficient for the number of persons likely to use them at any one time.

 

7. The competent authority may permit such exceptions to the foregoing rules concerning mess room accommodation as may be necessary to meet the special conditions in passenger ships.

 

8. Mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley.

 

9. Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils shall be provided.

 

10. The tops of tables and seats shall be of damp-resisting material, without cracks and capable of being easily cleaned.

 

Article 12

 

1. In all ships a space or spaces to which the crew can have access when off duty shall be provided on an open deck; the space or spaces shall be of adequate area, having regard to the size of the ship and the crew.

 

2. 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.

 

Article 13

 

1. Sufficient sanitary accommodation, including wash basins and tub and/or shower baths, shall be provided in all ships.

 

2. The following minimum number of separate water closets shall be provided:

 

a) in ships of under 800 tons: three;

 

b) in ships of 800 tons or over, but under 3,000 tons: four;

 

c) in ships of 3,000 tons or over: six;

 

d) in ships where the radio officers or operators are accommodated in an isolated position, sanitary facilities near or adjacent thereto shall be provided.

 

3. National laws or regulations shall prescribe the allocation of water closets to various groups, subject to the provisions of paragraph 4 of this Article.

 

4. Sanitary facilities for all members of the crew who do not occupy rooms to which private facilities are attached shall be provided for each group of the crew on the following scale:

 

a) one tub and/or shower bath for every eight persons or less;

 

b) one water closet for every eight persons or less;

 

c) one wash basin for every six persons or less:

 

Provided that when the number of persons in a group exceeds an even multiple of the specified number by less than one-half of the specified number this surplus may be ignored for the purpose of this paragraph.

 

5. When the total number of the crew exceeds 100 and in passenger vessels normally engaged on voyages of not more than four hours' duration, consideration may be given by the competent authority to special arrangements or a reduction in the number of facilities required.

 

6. Cold fresh water and hot fresh water or means of heating water shall be available in all communal wash places. The competent authority, in consultation with the organisations of shipowners and/or the shipowners and with the recognised bona fide trade unions of seafarers, may fix the maximum amount of fresh water which the shipowner may be required to supply per man per day.

 

7. Wash basins and tub baths shall be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode.

 

8. All water closets shall have ventilation to the open air, independently of any other part of the accommodation.

 

9. All water closets shall be of an approved pattern and provided with an ample flush of water, available at all times and independently controllable.

 

10. Soil pipes and waste pipes shall be of adequate dimensions and shall be so constructed as to minimise the risk of obstruction and to facilitate cleaning.

 

11. Sanitary accommodation intended for the use of more than one person shall comply with the following requirements:

 

a) floors shall be of approved durable material, easily cleaned and impervious to damp, and shall be properly drained;


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