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(continued) to be submitted for repairs or replacements in kind.
(d) The OCMI may require an inspection and testing whenever a repair or alteration is undertaken.
§ 115.702 Installation tests and inspections.
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Whenever a launching appliance, survival craft, rescue boat, fixed gas fire extinguishing system, machinery, fuel tank, or pressure vessel is installed aboard a vessel after completion of the initial inspection for certification of the vessel, as replacement equipment or as a new installation, the owner or managing operator shall conduct the tests and make the vessel ready for the inspections required by §115.402(d) of this part to the satisfaction of the cognizant OCMI.
§ 115.704 Breaking of safety valve seals.
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The owner, managing operator, or master shall notify the cognizant OCMI as soon as practicable after the seal on a boiler safety valve on a vessel is broken.
§ 115.710 Inspection and testing prior to hot work.
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(a) An inspection for flammable or combustible gases must be conducted by a certified marine chemist or other person authorized by the cognizant OCMI in accordance with the provisions of National Fire Protection Association (NFPA) 306, “Control of Gas Hazards on Vessels,” before alterations, repairs, or other operations involving riveting, welding, burning, or other fire producing actions may be made aboard a vessel:
(1) Within or on the boundaries of fuel tanks; or
(2) To pipelines, heating coils, pumps, fittings, or other appurtenances connected to fuel tanks.
(b) An inspection required by paragraph (a) of this section must be conducted as required by this paragraph.
(1) In ports or places in the United States or its territories and possessions, the inspection must be conducted by a marine chemist certificated by the NFPA. However, if the services of a certified marine chemist are not reasonably available, the cognizant OCMI, upon the recommendation of the vessel owner or managing operator, may authorize another person to inspect the vessel. If the inspection indicates that the operations can be undertaken safely, a certificate setting forth this fact in writing must be issued by the certified marine chemist or the authorized person before the work is started. The certificate must include any requirements necessary to reasonably maintain safe conditions in the spaces certified throughout the operation, including any precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.
(2) When not in a port or place in the United States or its territories and possessions, and when a marine chemist or person authorized by the cognizant OCMI is not reasonably available, the master shall conduct the inspection and enter the results of the inspection in the vessel's logbook.
(c) The owner, managing operator, or master shall obtain a copy of certificates issued by the certified marine chemist or the other person authorized by the cognizant OCMI, and shall ensure that all conditions on the certificates are observed and that the vessel is maintained in a safe condition. The owner, managing operator, or master shall maintain a safe condition on the vessel by requiring full observance, by persons under his or her control, of all requirements listed in the certificate.
Subpart H—Material Inspections
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§ 115.800 Inspection standards.
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(a) A vessel is inspected for compliance with the standards required by this subchapter. Machinery, equipment, materials, and arrangements not covered by standards in this subchapter may be inspected in accordance with standards acceptable to the cognizant OCMI as good marine practice.
(b) In the application of inspection standards due consideration must be given to the hazards involved in the operation permitted by a vessel's Certificate of Inspection. Thus, the standards may vary in accordance with the vessel's area of operation or any other operational restrictions or limitations.
(c) The published standards of classification societies and other recognized safety associations may be used as guides in the inspection of vessels when such standards do not conflict with the requirements of this subchapter.
§ 115.801 Notice of inspection deficiencies and requirements.
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(a) If during the inspection of a vessel, the vessel or its equipment is found not to conform to the requirements of law or the regulations in this subchapter, the marine inspector will point out deficiencies observed and discuss all requirements with the owner, managing operator, or a representative thereof. Normally, the marine inspector will list all such requirements that have not been completed and present the list to the owner, managing operator, or a representative thereof. However, when a deficiency presents a serious safety hazard to the vessel or it's passengers or crew, and exists through negligence or willful noncompliance, the marine inspector may issue a Report of Violation (ROV) to the owner, managing operator, or a representative thereof.
(b) In any case where further clarification of or reconsideration of any requirement placed against the vessel is desired, the owner, managing operator, or a representative thereof, may discuss the matter with the cognizant OCMI.
§ 115.802 Hull.
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(a) At each initial and subsequent inspection for certification of a vessel, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspections of the hull structure and its appurtenances, including the following:
(1) Inspection of all accessible parts of the exterior and interior of the hull, the watertight bulkheads, and weather decks;
(2) Inspection and operation of all watertight closures in the hull, decks, and bulkheads including through hull fittings and sea valves;
(3) Inspection of the condition of the superstructure, masts, and similar arrangements constructed on the hull, and on a sailing vessel all spars, standing rigging, running rigging, blocks, fittings, and sails;
(4) Inspection of all railings and bulwarks and their attachment to the hull structure;
(5) Inspection to ensure that guards or rails are provided in dangerous places;
(6) Inspection and operation of all weathertight closures above the weather deck and the provisions for drainage of sea water from the exposed decks; and
(7) Inspection of all interior spaces to ensure that they are adequately ventilated and drained, and that means of escape are adequate and properly maintained.
(b) The vessel must be afloat for at least a portion of the inspection as required by the marine inspector.
(c) When required by the marine inspector, a portion of the inspection must be conducted while the vessel is underway so that the hull and internal structure can be observed.
[CGD 85–080, 61 FR 892, Jan. 10, 1996, as amended at 62 FR 51348, Sept. 30, 1997]
§ 115.804 Machinery.
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At each initial and subsequent inspection for certification of a vessel, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspections of machinery, fuel, and piping systems, including the following:
(a) Operation of the main propulsion machinery both ahead and astern;
(b) Operational test and inspection of engine control mechanisms including primary and alternate means of starting machinery;
(c) Inspection of all machinery essential to the routine operation of the vessel including generators and cooling systems;
(d) External inspection of fuel tanks and inspection of tank vents, piping, and pipe fittings;
(e) Inspection of all fuel systems;
(f) Operational test of all valves in fuel lines by operating locally and at remote operating positions;
(g) Operational test of all overboard discharge and intake valves and watertight bulkhead pipe penetration valves;
(h) Operational test of the means provided for pumping bilges; and
(i) Test of machinery alarms including bilge high level alarms.
§ 115.806 Electrical.
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At each initial and subsequent inspection for certification of a vessel, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspection of electrical equipment and systems, including the following:
(a) Inspection of all cable as far as practicable without undue disturbance of the cable or electrical apparatus;
(b) Test of circuit breakers by manual operation;
(c) Inspection of fuses including ensuring the ratings of fuses are suitable for the service intended;
(d) Inspection of rotating electrical machinery essential to the routine operation of the vessel;
(e) Inspection of all generators, motors, lighting fixtures and circuit interrupting devices located in spaces or areas that may contain flammable vapors;
(f) Inspection of batteries for condition and security of stowage;
(g) Operational test of electrical apparatus, which operates as part of or in conjunction with a fire detection or alarm system installed on board the vessel, by simulating, as closely as practicable, the actual operation in case of fire; and
(h) Operational test of all emergency electrical systems.
§ 115.808 Lifesaving.
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(a) At each initial and subsequent inspection for certification of a vessel, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspection of lifesaving equipment and systems, including the following:
(1) Tests of each rescue boat and each rescue boat launching appliance and survival craft launching appliance in accordance with §122.520 of this chapter;
(2) Inspection of each life jacket, work vest, and marine buoyant device;
(3) If used, inspection of the passenger safety orientation cards or pamphlets allowed by §122.506(b) of this subchapter;
(4) Inspection of each inflatable liferaft, inflatable buoyant apparatus, and inflatable life jacket to determine that it has been serviced as required by §122.730 of this subchapter; and
(5) Inspection of each hydrostatic release unit to determine that it is in compliance with the servicing and usage requirements of §122.740 of this subchapter.
(b) Each item of lifesaving equipment determined by the marine inspector to not be in serviceable condition must be repaired or replaced.
(c) Each item of lifesaving equipment with an expiration date on it must be replaced if the expiration date has passed.
(d) The owner or managing operator shall destroy, in the presence of the marine inspector, each life jacket, other personal flotation device, and other lifesaving device found to be defective and incapable of repair.
(e) At each initial and subsequent inspection for certification of a vessel, the vessel must be equipped with an adult size life jacket for each person authorized. The vessel must also be equipped with child size life jackets equal to at least:
(1) 10 percent of the maximum number of passengers permitted to be carried unless children are prohibited from being carried aboard the vessel; or
(2) 5 percent of the maximum number of passengers permitted to be carried if all extended size life jackets are provided.
(f) Life jackets, work vests, and marine buoyant devices may be marked with the date and marine inspection zone to indicate that they have been inspected and found to be in serviceable condition by a marine inspector.
(g) At each initial and subsequent inspection for certification, the marine inspector may require that an abandon ship or man overboard drill be held under simulated emergency conditions specified by the inspector.
[CGD 85–080, 61 FR 892, Jan. 10, 1996, as amended by CGD 97–057, 62 FR 51047, Sept. 30, 1997; CGD 85–080, 62 FR 51348, Sept. 30, 1997]
§ 115.810 Fire protection.
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(a) At each initial and subsequent inspection for certification, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspection of its fire protection equipment, including the following:
(1) Inspection of each hand portable fire extinguisher, semiportable fire extinguisher, and fixed gas fire extinguishing system to check for excessive corrosion and general condition;
(2) Inspection of piping, controls, and valves, and the inspection and testing of alarms and ventilation shutdowns, for each fixed gas fire extinguishing system and detecting system to determine that the system is in operating condition;
(3) Operation of the fire main system and checking of the pressure at the most remote and highest outlets;
(4) Testing of each firehose to a test pressure equivalent to its maximum service pressure;
(5) Checking of each cylinder containing compressed gas to ensure it has been tested and marked in accordance with §147.60 in subchapter N of this chapter;
(6) Testing or renewal of flexible connections and discharge hoses on semiportable extinguishers and fixed gas extinguishing systems in accordance with §147.65 in subchapter N of this chapter; and
(7) Inspection and testing of smoke and fire detecting systems (including sensors and alarms) and fire confining appliances (such as fire screen doors and fire dampers).
(b) The owner, managing operator, or a qualified servicing facility as applicable shall conduct the following inspections and tests:
(1) For portable fire extinguishers, the inspections, maintenance procedures and hydrostatic pressure tests required by Chapter 4 of NFPA 10, “Portable Fire Extinguishers,” with the frequency specified by NFPA 10. In addition, carbon dioxide and halon portable fire extinguishers must be refilled when the net content weight loss exceeds that specified for fixed systems by Table 115.810(b). The owner or managing operator shall provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records have not been properly maintained, a qualified servicing facility may be required to perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted.
(2) For semiportable and fixed gas fire extinguishing systems, the inspections and tests required by Table 115.810(b), in addition to the tests required by §§147.60 and 147.65 in subchapter N of this chapter. The owner or managing operator shall provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records have not been properly maintained, a qualified servicing facility may be required to perform the required inspections, maintenance procedures, and hydrostatic pressure tests.
Table 115.810(b)_Semiportable and Fixed Fire Extinguishing Systems
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Type system Test
------------------------------------------------------------------------
Carbon dioxide............... Weigh cylinders. Recharge if weight loss
exceeds 10% of weight of charge. Test
time delays, alarms, and ventilation
shutdowns with carbon dioxide, nitrogen,
or other nonflammable gas as stated in
the system manufacturer's instruction
manual. Inspect hoses and nozzles to be
sure they are clean.
Halon.................... Weigh cylinders. Recharge if weight loss
exceeds 5% of weight of charge. If the
system has a pressure gauge, also
recharge if pressure loss (adjusted for
temperature) exceeds 10%. Test time
delays, alarms, and ventilation
shutdowns with carbon dioxide, nitrogen,
or other nonflammable gas as stated in
the system manufacturer's instruction
manual. Inspect hoses and nozzles to be
sure they are clean.
Dry Chemical (cartridge Examine pressure cartridge and replace if
operated). end is punctured or if determined to
have leaked or to be in unsuitable
condition. Inspect hose and nozzle to
see if they are clear. Insert charged
cartridge. Ensure dry chemical is free
flowing (not caked) and extinguisher
contains full charge.
Dry chemical (stored See that pressure gauge is in operating
pressure). range. If not, or if the seal is broken,
weigh or otherwise determine that
extinguisher is fully charged with dry
chemical. Recharge if pressure is low or
if dry chemical is needed.
Foam (stored pressure)... See that pressure gauge, if so equipped,
is in the operating range. If not, or if
the seal is broken, weight or otherwise
determine that extinguisher is fully
charged with foam. Recharge if pressure
is low or if foam is needed. Replace
premixed agent every 3 years.
Clean Agents (Halon (To be developed).
replacements).
------------------------------------------------------------------------
(c) The owner, managing operator, or master shall destroy, in the presence of the marine inspector, each fire hose found to be defective and incapable of repair.
(d) At each initial and subsequent inspection for certification, the marine inspector may require that a fire drill be held under simulated emergency conditions to be specified by the inspector.
[CGD 85–080, 61 FR 892, Jan. 10, 1996, as amended at 62 FR 51348, Sept. 30, 1997]
§ 115.812 Pressure vessels and boilers.
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(a) Pressure vessels must be tested and inspected in accordance with part 61, subpart 61.10, of this chapter.
(b) Periodic inspection and testing requirements for boilers are contained in §61.05 in subchapter F of this chapter.
[CGD 85–080, 61 FR 892, Jan. 10, 1996, as amended at 62 FR 51348, Sept. 30, 1997; USCG 1999–4976, 65 FR 6505, Feb. 9, 2000]
§ 115.814 Steering systems.
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At each initial and subsequent inspection for certification the owner or managing operator shall be prepared to test the steering systems of the vessel and make them available for inspection to the extent necessary to determine that they are in suitable condition and fit for the service intended. Servo-type power systems, such as orbitrol systems, must be tested and capable of smooth operation by a single person in the manual mode, with hydraulic pumps secured.
§ 115.816 Miscellaneous systems and equipment.
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At each initial and subsequent inspection for certification the owner or managing operator shall be prepared to test and make available for inspection all items in the ship's outfit, such as ground tackle, navigation lights and equipment, markings, and placards, which are required to be carried by the regulations in this subchapter, as necessary to determine that they are fit for the service intended.
§ 115.818 Sanitary inspection.
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At each inspection for certification and at every other vessel inspection, quarters, toilet and washing spaces, galleys, serving pantries, lockers, and similar spaces may be examined to determine that they are serviceable and in a sanitary condition.
§ 115.830 Unsafe practices.
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(a) At each inspection for certification and at every other vessel inspection all observed unsafe practices, fire hazards, and other hazardous situations must be corrected and all required guards and protective devices must be in satisfactory condition.
(b) At each inspection for certification and at every other vessel inspection the bilges and other spaces may be examined to see that there is no excessive accumulation of oil, trash, debris, or other matter that might create a fire hazard, clog bilge pumping systems, or block emergency escapes.
§ 115.840 Additional tests and inspections.
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The cognizant OCMI may require that a vessel and its equipment undergo any additional test or inspection deemed reasonable and necessary to determine that the vessel and its equipment are suitable for the service in which they are to be employed.
Subpart I—International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS)
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§ 115.900 Applicability.
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(a) Except as otherwise provided in this subpart, a mechanically propelled vessel of the United States, which carries more than 12 passengers on an international voyage must be in compliance with the applicable requirements of the International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS), to which the United States Government is currently a party.
(b) SOLAS does not apply to a vessel solely navigating the Great Lakes and the St. Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd Meridian.
§ 115.910 Passenger Ship Safety Certificate.
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(a) A vessel that carries more than 12 passengers on an international voyage must have a valid SOLAS Passenger Ship Safety Certificate. The Commandant issues the original SOLAS Passenger Ship Safety Certificate after receiving notification from the cognizant OCMI that the vessel complies with the applicable SOLAS regulations. Subsequent SOLAS Passenger Ship Safety Certificates are issued by the cognizant OCMI unless any changes to the vessel or its operations have occurred that changes the information on the certificate, in which case the Commandant will reissue the certificate.
(b) The route specified on the Certificate of Inspection and the SOLAS Passenger Ship Safety Certificate must agree.
(c) A SOLAS Passenger Ship Safety Certificate is issued for a period of not more than 12 months.
(d) The SOLAS Passenger Ship Safety Certificate may be withdrawn, revoked, or suspended at any time when the vessel is not in compliance with applicable SOLAS requirements.
§ 115.920 Exemptions.
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(a) In accordance with Chapter I (General Provisions) Regulation 4, of SOLAS, the Commandant may exempt a vessel, which is not normally engaged on an international voyage but that in exceptional circumstances is required to undertake a single international voyage, from any of the requirements of SOLAS provided that the vessel complies with safety requirements that are adequate in the Commandant's opinion for the voyage that is to be undertaken.
(b) In accordance with Chapter II–1 (Construction—Subdivision and Stability, Machinery and Electrical Installations) Regulation 1, Chapter II–2 (Construction—Fire Protection, Fire Detection and Fire Extinction) Regulation 1, and Chapter III (Life Saving Appliances and Arrangements) Regulation 2 of SOLAS, the Commandant may exempt a vessel that does not proceed more than 20 miles from the nearest land from any of the specific requirements of Chapters II–1, II–2, and III of SOLAS if the Commandant determines that the sheltered nature and conditions of the voyage are such as to render the application of such requirements unreasonable or unnecessary.
(c) The Commandant may exempt a vessel from requirements of the regulations of SOLAS in accordance with paragraphs (a) and (b) of this section upon a written request from the owner or managing operator submitted to the Commandant via the cognizant OCMI.
(d) When the Commandant grants an exemption to a vessel in accordance with this section, the Commandant will issue the original SOLAS Exemption Certificate describing the exemption. Subsequent SOLAS Exemption Certificates are issued by the cognizant OCMI unless any changes to the vessel or its operations have occurred that change the information on the SOLAS Exemption or Passenger Ship Safety Certificates, in which case the Commandant shall reissue the certificate. A SOLAS Exemption Certificate is not valid for longer than the period of the SOLAS Passenger Ship Safety Certificate to which it refers.
[CGD 85–080, 61 FR 892, Jan. 10, 1996, as amended by CGD 97–057, 62 FR 51047, Sept. 30, 1997]
§ 115.925 Safety Management Certificate.
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(a) All vessels that carry more than 12 passengers on an international voyage must have a valid Safety Management Certificate and a copy of their company's valid Document of Compliance certificate on board.
(b) All such vessels must meet the applicable requirements of 33 CFR part 96.
(c) A Safety Management Certificate is issued for a period of not more than 60 months.
[CGD 95–073, 62 FR 67515, Dec. 24, 1997]
§ 115.930 Equivalents.
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In accordance with Chapter I (General Provisions) Regulation 5, of SOLAS, the Commandant may accept an equivalent to a particular fitting, material, appliance, apparatus, or any particular provision required by the SOLAS regulations if satisfied that such equivalent is at least as effective as that required by the regulations. An owner or managing operator of a vessel may submit a request for the acceptance of an equivalent following the procedures in §114.540 of this subchapter. The Commandant will indicate the acceptance of an equivalent on the vessel's SOLAS Passenger Ship Safety Certificate.
[CGD 85–080, 61 FR 892, Jan. 10, 1996, as amended by CGD 97–057, 62 FR 51047, Sept. 30, 1997]