Legislation

Chapter 4. Safety of tank ships and hazardous substances

Section 4.1 Safety by, on or in tank ships

Article 4.1. Definitions

The following definitions apply with regard to this section:

combustible fluids: fluids with a flash point not exceeding 100°C;
K0, K1 and K2 fluids: combustible fluids with a flash point of less than or equal to 55°C, including combustible gases, whether or not in liquid form, if they are not included under KT fluids;
K3 fluids: combustible fluids that are not KT fluids, with aflash point of over 55°C;
KT fluids: combustible fluids, including combustible gases, whether or not in liquid form, that can present a danger of intoxication, stupefaction or choking;
T fluids: non-combustible fluids, including gases, whether or not in liquid form, that can present a danger of intoxication, stupefaction or choking;
K1 area: an area in a ship in which K0, K1 or K2 fluids and not KT fluids or residues thereof may be present other than in packaging;
K3 area: an area in a ship in which no combustible fluids other than K3 fluids or residues thereof may be present other than in packaging;
KT area: an area in a ship in which KT fluids or residues thereof may be present other than in packaging;
T area: an area in a ship in which T fluids and not KT fluids or residues thereof may be present other than in packaging;
K1 ship: a ship on which one or more of the cargo tanks is a K1 area or was a K1 area prior to being cleaned;
K3 ship: a ship in whose cargo tanks no combustible fuels other than K3 fluids, and no T fluids or residues thereof, may be present other than in packaging;
KT ship: a ship on which one or more of the cargo tanks is a KT area or was a KT area prior to being cleaned;
T ship: a ship other than a K1 or KT ship on which one or more of the cargo tanks is a T area or was a T area prior to being cleaned;
fire: fire, the formation of sparks, naked flames or any surface with a temperature that is equal to or higher than the minimum ignition temperature of the fluids or gases held in the cargo tanks or the residues thereof that may be present in those tanks;
working with fire: activities in which fire is used or may arise;
cold working: activities in which fire is not used or cannot arise;
cleaning: all activities aimed at or associated with the cleaning, degasification or drying of a K1, KT, K3 or T area;
loading zone: the cargo tanks and all tanks or other areas directly adjacent to these tanks which serve to separate the cargo tanks from other areas of the ship;
gas expert: an expert as defined in Article 3.5h, paragraph three, of the Decree who complies with the requirements of Article 4.14;
safety and health declaration: a declaration made by a gas expert following suitable investigation as defined in Article 3.5h, paragraph three, of the Decree in accordance with one of the models set out in annex IX to this Regulation.

Article 4.2. Scope

This section applies to the activities performed on K1, K3, KT or T ships referred to in Article 3.5h, paragraph one, of the Decree.

Article 4.3. Safety measures

If a concentration of dangerous gases is produced during or as a result of the activities referred to in Article 3.5h, paragraph one, of the Decree, and these cannot be dissipated or removed quickly enough due to insufficient air movement, measures shall be taken to limit these concentrations. If this is not satisfactory, the tank caps shall be closed and the activities in question stopped.

Article 4.4. Cleaning

Before employees enter an area that is to be cleaned, it is determined that this can be done without danger to safety and health.
Areas to be cleaned may not be entered so long as, as a result of activities in an adjacent area, the temperature of the bulkheads may be significantly higher than the ambient temperature.
In addition, areas that are to be cleaned may not be entered while an explosive substance is present in an adjacent area that is not sealed.
During the cleaning process, no activities other than those connected to the cleaning process may be carried out on deck or in the loading zone, unless these activities take place during an enclosed cleaning process and relate solely to loading or unloading. Cleaning and loading and unloading activities:
shall be carried out completely separately from one another;
shall not affect each other, and
shall be constantly monitored.

Article 4.5. Investigation

During the cleaning process, investigations shall be carried out as often as necessary to ascertain whether the release of fluids, gases or vapours is leading to a danger of fire, explosion, stupefaction, choking or intoxication.

Article 4.6. Prevention of hazards

The purpose of cleaning K1, K3 and KT areas is to keep the concentration of gases and vapours below the lowest explosion threshold or to safely bring it below that threshold. If a potentially explosive gaseous compound is created during the cleaning process, this condition must be kept as short as possible. If inert gas is used during the cleaning process, this shall be done in such a way that an explosive mixture cannot be created.
K1, K3, KT and T areas shall be cleaned in such a way that no danger of stupefaction, choking or intoxication can reasonably be expected inside or outside the areas in question. If inert gas is used during the cleaning process, this shall be done in such a way that an explosive mixture cannot be created.
Article 4.7. Safety requirements

K1, K3 and KT areas on board K1, K3 and KT ships may only be cleaned if no fire is present within 25 metres of the loading zone, and no fire can reasonably be expected to arise within that zone.
K1, K3 and KT areas on board K1, K3 and KT ships may only be cleaned if no danger of sparking or ignition as a result of electrostatic charge is present within 25 metres of the loading zone.
K1, K3 and KT areas on board K1, K3 and KT ships may only be cleaned if no smoking is permitted within 25 metres of the loading zone.
K1, K3 and KT areas on board K1, K3 and KT ships may only be cleaned if no unauthorised individuals are permitted within 25 metres of the loading zone.
The cargo tanks in the entire loading zone of K1, K3 and KT ships may not be opened until the requirements laid down in paragraphs one to four are met.
The cargo tanks in the entire loading zone of T ships may not be opened until the requirements laid down in paragraph four are met.

Article 4.8. Safety and health declaration

Articles 4.4, paragraph four, and 4.7, do not apply to K3 areas outside the loading zone on K1, KT and T ships if a safety and health declaration has been issued for these ships as defined in Article 4.1, under t.

Article 4.9. Maintenance, alteration, restoration and scrapping

K1, K3, KT and T ships may only undergo maintenance, alteration, restoration or scrapping after an investigation carried out in accordance with the rules laid down in Article 4.10 has taken place, and in connection with this investigation a full and correctly completed safety and health declaration has been handed to the employer who will carry out the maintenance, restoration, alteration or scrapping work.
Furthermore, maintenance, alteration, restoration and scrapping activities on K1, K3, KT and T ships may only take place if these activities and the areas where they are to be carried out are mentioned in the safety and health declaration referred to in paragraph one as being permitted.
A safety and health declaration as referred to in paragraph one shall be requested from a gas expert.
The request shall be accompanied by all information that is pertinent with a view to obtaining the safety and health declaration, and further relevant details shall be supplied on request.
Article 4.10. Gas expert’s investigation

The gas expert shall begin the investigation referred to in Article 4.9 and record the outcome on the safety and health declaration that he or she is asked to produce.
The gas expert shall conduct this investigation in all areas which he or she thinks appropriate in view of the nature of the activities to be carried out. The gas expert shall occupy a well-equipped laboratory where necessary to conduct the investigation. He or she shall use suitable measuring devices and other equipment in good working order.

He or she shall ascertain whether the areas to be investigated:
are K1, KT, K3 or T areas;
are safe for people in the sense that:
1°. employees can enter these areas without using personal protective equipment, and

2°. there is no danger of stupefaction, choking, intoxication or injury, with the understanding that areas for which this is found not to be the case must be indicated as “not safe for people” on the safety and health declaration;

are safe in respect of fire in the sense that:
1°. residues of combustible fluids have been removed from them so that there is no danger of fire;

2°. any combustible gases or vapours that are still present never reach air concentrations above 20% of the lower explosion threshold;

3º. adjacent areas either meet the requirements set out in 1° and 2°, or are completely filled with water on which no K0, K1, K2 or KT fluids are floating, or are protected against fire and explosion in some other way, with the understanding that areas for which this is found not to be the case must be indicated as “not safe in terms of fire” on the safety and health declaration.

The gas expert issues a safety and health declaration if he or she has ascertained that:
the areas in which cold working is carried out are safe for people;
the areas in which work with fire has to be carried out are both safe for people and safe in terms of fire;
the condition of areas other than those referred to under a and b, and the means by which they are sealed, are such that the activities referred to in the declaration can be carried out without risk to the safety and health of the employees.
He or she only issues a safety and health declaration for the conduct of work with fire in a part of the loading zone of K1 and KT ships if an appropriate examination carried out at least six hours after the investigation referred to in paragraph four has demonstrated to him or her that the areas referred to in that paragraph still meet the requirements laid down in it.
By way of deviation from paragraph four, he or she only issues a safety and health declaration for the conduct of work with fire in the loading zone of K1 and KT ships if he or she has ascertained that:
the entire loading zone is safe for people as described in paragraph three, under b, and safe in terms of fire as described in paragraph three, under c, and
the condition of areas other than those referred to under a, and the means by which they are sealed, are such that the activities referred to in the safety and health declaration can be carried out safely, and if an appropriate examination carried out at least six hours after that investigation has demonstrated to him or her that there has been no change to the condition referred to under a and b.
Safety and health declarations do not apply to piping inside or outside the tank ship, and are valid only if they have been fully and accurately completed and the condition on the basis of which the declaration was issued has not changed.
Article 4.11. Working with fire without a safety and health declaration

Work with fire above or in a part of the loading zone of a K1 or KT ship that is not safe in terms of fire as described in Article 4.10, paragraph three, under c, and in respect of which, by way of deviation from Article 4.9, the required safety and health declaration has not been issued, is permitted only if:

the nature of the activities, the location(s) where these activities are to be carried out, and the period of time over which they are to be carried out, are clearly specified by the mechanic;
the locations where sparks or glowing metal parts may be produced by the activities are clearly specified by the mechanic;

the locations where temperatures may rise sharply as a result of the activities are clearly specified by the mechanic;
a declaration bearing the date is issued by a gas expert showing that residues of combustible fluids have been removed from the locations referred to under a to c so that there is no risk of fire;
a gas expert has issued a fully and correctly completed safety and health declaration showing that areas in which work needs to be carried out, and adjacent areas, are safe for people or have been rendered inert as described in Article 4.10, paragraph three, under b.

Article 4.12. Working with fire without a safety and health declaration within 25 metres of the loading zone

The presence of fire within 25 metres of the loading zone of a K1 or KT ship that is not safe in terms of fire as described in Article 4.10, paragraph three, under c, and in respect of which, by way of deviation from Article 4.9, the required safety and health declaration has not been issued, is permitted only if a gas expert has issued a declaration before the start of the activities showing that the loading zone is safe for people as described in Article 4.10, paragraph three, under b.
The presence of fire referred to in paragraph one is permitted if the declaration referred to in that paragraph shows that:
the combustible gases in the atmosphere of the loading zone never exceeds a concentration of 20% of the lowest explosion threshold, or
the condition of the atmosphere present in the loading zone is such that when rarefied with air no combustible or explosive mixture is produced.

Article 4.13. Notification activities

If the situations referred to in Articles 4.11 and 4.12 arise, this must be reported to the designated supervisor before the start of the activities.

Article 4.14. Certification of specialist competence for gas experts

Certificates of competence as a gas expert as referred to in Article 3.5h, paragraph four, of the Decree are issued by the minister, or by the certifying institution if the minister has designated a certifying institution, to applicants meeting the requirements laid down in version 1 of the SGT Regulations, ref. no. SKO/03035/S drawn up by the SKO Certification and Accreditation Foundation for the Certification of Competence and dated 19 November 2003.