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Safety measures for ships operating in polar waters
Regulation 1
Definitions
For the purpose of this Chapter:
(a) “Polar Code” means the International Code for Ships Operating in Polar Waters, consisting of an introduction and parts I-A and II-A and parts I-B and II-B, as adopted by resolutions MSC.385(94) and of the Marine Environment Protection Committee*, as may be amended, provided that —
* Refer to the resolution of adoption of the International Code for Ships Operating in Polar Waters, by the Marine Environment Protection Committee.
(i)
amendments to the safety-related provisions of the introduction and part I-A of the Polar Code are adopted, brought into force and take effect in accordance with the provisions of article VIII of the present Convention concerning the amendment procedures applicable to the Annex to the Convention other than Chapter I; and
(ii)
amendments to part I-B of the Polar Code are adopted by the Maritime Safety Committee in accordance with its Rules of Procedure.
(b) “Antarctic area” means the sea area south of latitude 60º S.
(c) “Arctic waters” means those waters which are located north of a line from the latitude 58º00′.0 N and longitude 042º00′.0 W to latitude 64º37′.0 N, longitude 035º27′.0 W and thence by a rhumb line to latitude 67º03′.9 N, longitude 026º33′.4 W and thence by a rhumb line to the latitude 70º49′.56 N and longitude 008º59′.61 W (Sørkapp, Jan Mayen) and by the southern shore of Jan Mayen to 73º31′.6 N and 019º01′.0 E by the Island of Bjørnøya, and thence by a great circle line to the latitude 68º38′.29 N and longitude 043º23′.08 E (Cap Kanin Nos) and thence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait westward to latitude 60º N as far as Il’pyrskiy and following the 60th North parallel eastward as far as and including Etolin Strait and thence by the northern shore of the North American continent as far south as latitude 60º N and thence eastward along parallel of latitude 60º N, to longitude 056º37′.1 W and thence to the latitude 58º00′.0 N, longitude 042º00′.0 W.
(d) “Polar waters” means Arctic waters and/or the Antarctic area.
(e) “Ship constructed” means a ship the keel of which is laid or which is at a similar stage of construction.
(f) “At a similar stage of construction” means the stage at which —
(i)
construction identifiable with a specific ship begins; and
(ii)
assembly of that ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less.
[S 669/2016 wef 01/01/2017]
Regulation 2
Application
(a) Unless expressly provided otherwise, this Chapter applies to ships operating in polar waters, certified in accordance with Chapter I.
(b) Ships constructed before 1 January 2017 must meet the relevant requirements of the Polar Code by the first intermediate or renewal survey, whichever occurs first, after 1 January 2018.
(c) In applying part I-A of the Polar Code, consideration should be given to the additional guidance in part I-B of the Polar Code.
(d) This Chapter does not apply to ships owned or operated by a Contracting Government and used, for the time being, only in Government non-commercial service. However, ships owned or operated by a Contracting Government and used, for the time being, only in Government non-commercial service are encouraged to act in a manner consistent, so far as reasonable and practicable, with this Chapter.
(e) Nothing in this Chapter prejudices the rights or obligations of States under international law.
[S 669/2016 wef 01/01/2017]
Regulation 3
Requirements for Ships to which this Chapter Applies
(a) Ships to which this Chapter applies must comply with the requirements of the safety-related provision of the introduction, and with part I-A, of the Polar Code and must, in addition to the requirements of Regulations 7, 8, 9 and 10 of Chapter I, as applicable, be surveyed and certified, as provided for in that Code.
(b) Ships to which this Chapter applies holding a certificate issued pursuant to the provisions of paragraph (a) must be subject to the control established in Regulation 19 of Chapter I and Regulation 4 of Chapter XI-1. For this purpose, such a certificate must be treated as a certificate issued under Regulation 12 or 13 of Chapter I.
[S 669/2016 wef 01/01/2017]
Regulation 4
Alternative Design and Arrangement
(a) The goal of this Regulation is to provide a methodology for alternative design and arrangements for structure, machinery, electrical installations, fire safety, and life-saving appliances and arrangements.
(b) Structural arrangements, machinery, electrical installations, fire safety design and arrangement measures, as well as life-saving appliances and arrangements, may deviate from the prescriptive requirements set out in chapters 3, 6, 7 and 8 of the Polar Code, provided that the alternative design and arrangements meet the intent of the goal and functional requirements concerned and provide an equivalent level of safety to the requirements in those chapters.
(c) When any alternative design or arrangement deviates from the prescriptive requirements of chapters 3, 6, 7 and 8 of the Polar Code, an engineering analysis, evaluation and approval of the design and arrangement must be carried out based on the guidelines approved by the Organization*.
* Refer to the Guidelines for the Approval of Alternatives and Equivalents as Provided for in Various IMO Instruments (MSC.1/Circ.1455), the Guidelines on Alternative Design and Arrangements for SOLAS Chapters II-1 and III (MSC.1/Circ.1212) and the Guidelines on Alternative Design and Arrangements for Fire Safety (MSC/Circ.1002), as applicable.
(d) Any alternative design or arrangement deviating from the prescriptive requirements must be recorded in the Polar Ship Certificate and the ship’s Polar Water Operational Manual, as required by the Polar Code, such record also defining the technical and operational measures and conditions for the allowed deviation.
