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From the same date the following regulations are repealed:

  • Regulations of 15 September 1992 No. 695 concerning the construction of passenger ships, cargo ships and barges (hereinafter referred to as Regulations 1992/695)
  • Regulations of 15 June 1987 No. 505 concerning the construction, equipment and operation of passenger ships of less than 15 m in overall length (hereinafter referred to as Regulations 87/505).

Consultation

The proposed new Regulations on the construction of ships were circulated for review from 6 January to 7 April 2014. A total of 11 consultative statements came in, whereof 5 did not include comments to the proposal.

The Norwegian Shipowners' Association supports the proposal, and sees it as positive that the Norwegian Maritime Authority (NMA) is developing a body of rules that is clear and user-friendly for the industry. The Norwegian Shipowners' Association feels that incorporation, used as a method of implementing international requirements, will make it easier for the industry to relate to the Norwegian rules.

Vard Skipsdesign comments on section 3 of the Regulations as regards the time of implementation of MSC.335(90) into Norwegian legislation. Vard Skipsdesign has, based on current law, priced and sent several ship designs to customers. If MSC.335(90) is made applicable from the time of entry into force of the Regulations, the company indicates that this will lead to costly conversions, make it difficult to deliver according to contract and could lead to a reduction in the loading capacity of concerned ships. The requirements pursuant to MSC.335(90) have been negotiated in the UN's maritime organization, the IMO (International Maritime Organization). Even though representatives from the industry have participated in the negotiations in the IMO, and the contents and the consequences of the Resolution are well known in the industry, the Norwegian Maritime Authority has decided to take Vard Skipsdesign's comment into account. The requirements of MSC.335(90), such as they have been laid down in the Regulations, are therefore either associated with the date for conclusion of a contract or with a final deadline for when the requirements shall apply to Norwegian ships engaged in the safety zones of offshore structures in the open sea.

The seafarers' organisations have questions to the requirements for redundancy in the machinery space. The NMA notes that "back-up" machinery is in general not required. Any requirements related to machinery redundancy in the Regulations have been continued from current law. Furthermore, the organisations have questions about means of escape from machinery spaces. The NMA refers to section 3 of the Regulations of 1 July 2014 on fire protection on ships, cf. SOLAS regulation II-2/13, which stipulates requirements for means of escape on ships, including from machinery spaces.

The Directorate for Civil Protection and Emergency Planning (DSB) points out, with reference to sections 3, 4 and 5, that the DSB is the competent authority with regard to electrical installations on board ships. The Regulations of 4 December 2001 concerning maritime electrical installations, laid down by the DSB, stipulates in section 2 third paragraph that "These Regulations do not apply to those parts of the electrical installations on ships and mobile offshore units to which the provisions of the International Convention for the Safety of Life at Sea (SOLAS) apply". In the opinion of the NMA, there is no contradiction between provisions on electrical installations as stipulated by the new Regulations on the construction of ships and the requirements laid down by the DSB related to the design, construction, operation, alteration and maintenance of electrical installations.

DNV GL comments on section 56 of the proposal, and points out that the wording may limit the design possibilities and result in less flexible solutions than the solutions which are desirable and common in the industry today. The NMA agrees with the statement from DNV GL and has changed the wording of section 56 accordingly.

The Federation of Norwegian Coastal Shipping assumes that there is no requirement for ships to be classed by a classification society. As stipulated by sections 3 and 4 of the Regulations, the rules of a recognised classification society for construction and maintenance of hull, main and auxiliary engines, electrical installations and automation installations shall apply for the design, construction and maintenance of the ship. Even though ships shall be constructed pursuant to the rules of a recognised classification society, this does not mean that ships shall be classed by such classification society.

General comments to the Regulations on the construction of ships

The Regulations have been divided into nine thematic chapters. The purpose of the division is to contribute to a clear and organised structure. The Regulations also have two appendices.

The new Regulations of 1 July 2014 on the construction of ships mainly continue the provisions of current law as stipulated by the Regulations being repealed (see introduction).

The themes of the Regulations are limited to constructional matters, including matters related to stability and freeboard.

The NMA has initiated a regulatory project related to special rules for the construction of cargo ships of less than 24 metres in length (L)[1]. The new set of regulations that will apply to these ships will change the current legislation. When this set of regulations enters into force, this will also affect the Regulations laid down by this circular.

It is a common requirement for ships covered by the scope of application of the Regulations that the rules of a recognised classification society[2] for construction and maintenance of hull, main and auxiliary engines, electrical installations and automation installations shall apply for the design, construction and maintenance of the ship. For ships covered by SOLAS chapter II-1, the requirement is stipulated in SOLAS regulation II-1/3-1, cf. section 3, whereas for ships not covered by SOLAS, the requirement is stipulated in section 4.

The standards that follow from the rules of recognised classification societies, or equivalent provisions laid down by the Norwegian Maritime Authority or other national authority, make up the foundation for the construction of ships. The classification societies' requirements take into account, inter alia, how ships carrying special types of cargo shall be constructed. The remaining provisions in the Regulations represent requirements not regulated through the classification societies' sets of rules. That is to say, requirements that follow from the sets of rules of recognised classification societies have as far as possible not been duplicated. An example of duplicated requirements which have not been continued in a separate section, are provisions related to helidecks.

A further clean-up of the Regulations is related to harmonisation with the Regulations for EU passenger ships[3]. The harmonisation is linked to dormant provisions in Regulations 1992/695 which apply to passenger ships with trade area small coasting or greater trade area, with tonnage delimitations implying that the ships are of 24 metres in length (L) or more. Such ships will regardless of year of construction be considered Class A or Class B passenger ships, and will therefore be covered by the Regulations for EU passenger ships. An example of the mentioned harmonisation is section 32 first and second paragraphs in Regulations 1992/695, which contain provisions with a tonnage delimitation of 1,000 gross tonnage as a starting point. These provisions have not been continued in the Regulations as they are already stipulated by section 1 first paragraph (b) of the Regulations for EU passenger ships, cf. section 8.

In Regulations 1992/695 the term "supply vessel" is used. A natural linguistic starting point would be that a supply vessel has a somewhat limited scope of application, i.e. to ensure the carriage of materials, equipment and consumable supplies needed primarily in the offshore petroleum industry.

The meaning of the term "supply vessel" as defined and understood pursuant to current Norwegian law, probably does not have an international equivalent. The meaning must be seen in the context of special Norwegian provisions concerning requirements related to damage stability for this type of ships.

In light of the development seen in recent years and the large variations in assignments and associated activities being carried out by ships delivering various services intended for commercial activities at sea, the Norwegian Maritime Authority has replaced the term "supply vessel" with the term "offshore support vessel". The definition of the term has furthermore been simplified. This simplification shall nevertheless take important aspects into account, the most prominent of which are related to risk of collision with an offshore installation or accident due to loss of stability. Offshore support vessels shall therefore, as stipulated by current law for supply vessels, have special requirements establishing effective barriers to prevent accidents from happening. The special requirements shall furthermore reduce the risk of escalation in the event of an accident.

Chapter 1 Scope of application and general provisions

Section 1 Scope of application

The provisions indicate positively and exhaustively which types and sizes of ships that are covered by the Regulations.

With regard to passenger ships, it is the title of the main certificate, as provided by the Regulations on the certification of ships[4] or the Regulations for EU passenger ships, that determines whether or not a passenger ship is covered by the Regulations.

With regard to cargo ships and barges, there is a lower delimitation of the scope of application of 15 metres. In current law, the gross tonnage of a barge determines whether it is covered by Regulations 1992/695. The NMA presupposes that a delimitation of 15 metres corresponds to a gross tonnage of 50 tonnes.

It follows from section 2 first paragraph second sentence of the Ship Safety and Security Act that the Regulations do not cover boats of less than 24 metres in overall length which are not used for commercial purposes. The term "not used for commercial purposes" may include recreational craft, cf. the Act of 26 June 1998 No. 47 relating to recreational and small craft section 2 subparagraph 2 which has the following definition of recreational craft: "any floating device which is intended for use and capable of moving on water, with an overall length of less than 24 metres and which is not used for commercial purposes." However, even ships not operated on a commercial basis, e.g. ships operated by the government, may be covered by the term "not used for commercial purposes". The absolute delimitation of 24 metres in overall length stipulated by section 2 first paragraph of the Ship Safety and Security Act, therefore raises issues with regard to ships of 24 metres in overall length and upwards which are not used for commercial purposes, and any provisions related to construction that shall apply to such ships.

The ship type or the purpose of a ship can determine which set of rules applies. Section 1 subparagraph c stipulates that the Regulations apply to cargo ships of 15 metres in overall length and upwards. A cargo ship is defined by a negative delimitation against, inter alia, recreational craft (see comments to section 2 below), and the meaning is therefore that the Regulations shall not apply to recreational craft, even if such craft has an overall length of 24 metres or more.

Section 2 Definitions

Section 2 first paragraph stipulates that the definitions of SOLAS regulations II-1/2 and 3 shall apply as definitions in these Regulations. In addition to the definitions of SOLAS regulations II-1/2 and 3, four more definitions are needed, the purpose of which is to remove or minimise any doubts about interpretation.

The terms passenger ship and cargo ship are used in many of the provisions of the Regulations. The term "passenger ship" is positively defined in section 2 second paragraph subparagraph a, whereas the term "cargo ship" in subparagraph b is negatively delimited against, inter alia, recreational craft. For the term "recreational craft", the Norwegian equivalent of "vessel" or "craft" has been used instead of "boat" as a conscious linguistic choice, to give the term a broader meaning, cf. the discussion related to section 1 above.

The term "offshore support vessel" in the second paragraph subparagraph c includes cargo ships covered by the scope of application of the Regulations, which shall be engaged in the safety zones of or operate in the close vicinity of an oil platform or other offshore structures in the open sea.

"SOLAS 90" is also defined in section 2 second paragraph subparagraph d, in order to delimit this set of rules against the consolidated SOLAS 1974 version of 2009 with subsequent amendments. Certain provisions in current law are based on SOLAS 90, and these have been continued in the Regulations. This applies, first and foremost, to special requirements for damage stability for ro-ro passenger ships engaged in regular service on foreign voyages - see chapter 4 of the Regulations.

Section 3 Requirements for construction, stability and outfitting of cargo ships and passenger ships engaged on foreign voyages

The provisions of section 3 incorporate the provisions of SOLAS chapter II-1 into Norwegian legislation, and make, with the exception of regulations 19 to 22, 23 and 24, the chapter applicable as regulation for cargo ships of 500 gross tonnage and upwards engaged on foreign voyages and for passenger ships engaged on foreign voyages, cf. the scope of application of section 1 and the reference to "Passenger Ship Safety Certificate". SOLAS Regulations II-1/19 to 22, 23 and 24, which are all operational provisions, are included in a new chapter 3a of the Safety Measure Regulations[5].

The meaning of the term "foreign voyages" is stipulated by the Regulations of 4 November 1981 No. 3793 concerning trade areas (Trade Area Regulations) chapter 3 section 12. In Regulations 1992/695, international instruments such as SOLAS chapter II-1 are made applicable to "convention ships", cf. Regulations 1995/695 section 5 and the definition of section 2 item 29. The term "foreign voyages" is also used in the Regulations laid down by this circular. A similar term, "foreign trade", is defined in section 2 item 54a of Regulations 1995/695 as "all voyages from a port of a State to a port outside that State, or conversely". The definition of the term "foreign trade" as defined in section 2 item 54a of Regulations 1995/695 is slightly different to the definition of "foreign voyages" in the Trade Area Regulations. When continuing current law, it was decided to use the term "foreign voyages" in relation to ships certified for the trade area great coasting and greater trade which may call at a foreign port, cf. chapter 3 of the Trade Area Regulations.

The Regulations incorporate chapter II-1 of the SOLAS 1974 consolidated edition of 2009, as amended by resolutions laid down by the IMO's Maritime Safety Committee (MSC). SOLAS chapter II-1 regulation 1 paragraph 1.1 stipulates that the chapter shall apply to ships constructed on or after 1 January 2009.

The amendments to chapter II-1 made after the completion of the 2009 consolidation and up to the entry into force of the Regulations; i.e. the amendments laid down in IMO Res. MSC.256(84), MSC.269(85), MSC.282(86), MSC.290(87, MSC.291(87), MSC.308(88) MSC.317(89) and MSC.338(91) shall apply insofar as they are appropriate.

In addition to the texts and the appendices (chapters) of the conventions, the IMO's rules also consist of underlying instruments with more detailed and supplementary provisions. Parts of or the complete set of underlying rules may have been made mandatory by way of provisions in the conventions implementing these rules.

For example, part A of the IMO's International Code on Intact Stability (2008 IS Code) has been made mandatory by SOLAS regulation II-1/5, cf. MSC.269(85).

The IMO's International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code), adopted by MEPC.19(22), has been made mandatory by way of MARPOL regulation II/11 requiring that ships carrying dangerous and noxious chemicals in bulk shall be designed, constructed and equipped in compliance with the IBC Code. Section 7 of the Regulations of 30 May 2012 No. 488 concerning environmental safety for ships and mobile offshore units incorporates MARPOL Annex II into Norwegian legislation, and thus also the IBC Code. International instruments, including conventions, shall as a main rule be incorporated (implemented) into Norwegian legislation only once.

When stability requirements are regulated in various individual international instruments with their own scopes of application, the Norwegian provisions that implement these requirements should mirror this structure, such as is the case for the abovementioned IBC Code.

As a consequence of the above mentioned, even if the entire SOLAS chapter II-1 applies as regulation for a cargo ship of 500 gross tonnage and upwards engaged on foreign voyages, there may be other and equivalent international requirements, as implemented into Norwegian legislation, that also apply to this ship.

When SOLAS II-1 applies as regulation, this means that all ships, regardless of whether they are classed, in addition to other requirements that follow from SOLAS II-1, shall be designed, constructed and maintained according to the rules of a recognised classification society, cf. SOLAS regulation II-1/3-1. This means that the provisions included in Regulations 1992/695, cf. sections 5, 10, 11, 28, 29 and 40, which refer to the classification societies' rules on certain conditions related to construction or equipment of ships, are continued by the incorporation of SOLAS regulation II-1/3-1. The scope of the rules of a classification society, which will apply for the construction of a ship, will be based on the classification society's criteria which determine and limit such a scope. In most cases, the ship's purpose, as defined by the company (the contracting party), will decide this scope.

The provisions of section 3 third paragraph continue section 43 fourth and fifth paragraphs of Regulations 1992/695, but the Regulations refer directly to the provisions laid down in MSC.235(82).

The reference in the fourth paragraph to the requirements pursuant to MSC.335(90) entails that the extent of damage to be included in the calculations of damage stability is increased. The longitudinal extent of damage is increased from 3 m plus 3% of L to 1/3L2/3. The transverse extent of damage is increased to B/20 or minimum 760 mm. The Norwegian Maritime Authority suggests that the provisions pursuant to MSC.335(90) are made applicable to ships for which the building contract is placed on or after 1 January 2015 or the keel of which is laid or which is at a similar stage of construction on or after 1 July 2016.

In addition to the requirements that otherwise are stipulated by SOLAS II-1 and which are incorporated by the provisions of section 3, the Regulations contain further requirements and modifications continuing current rules. The various modifications are discussed in association with the sections which show where exceptions have been made from, or additions have made to, the main rule that otherwise is laid down by section 3.

Section 4 Requirements for construction of ships engaged on domestic voyages, barges regardless of trade area and cargo ships engaged on foreign voyages of less than 500 gross tonnage

Ships engaged on domestic voyages, barges regardless of trade area and cargo ships of less than 500 gross tonnage engaged on foreign voyages shall, the same way as ships covered by section 3, be designed, constructed and maintained in accordance with the rules of a recognised classification society, cf. equivalent to the provisions of SOLAS regulation II-1/3-1. Some conditions related to the constructions, such as electrical installations on board ships, are furthermore regulated by provisions stipulated by the Regulations concerning maritime electrical installations. The same applies to the construction of drinking water system on board, where the Regulations concerning water supply and water intended for human consumption (Drinking Water Regulations) have supplementary provisions to the provisions laid down in SOLAS regulation II-1/3-1, cf. the classification societies' rules for the construction of ships.

In this regard it is important to note that the Regulations continue current legislation as stipulated by, inter alia, Regulations 1992/695, but that the reference to the classification societies' rules for ships that are not classed, is no longer limited to DNV GL's rules.

Section 5 Requirements for construction, stability and outfitting of passenger ships of less than 15 metres in overall length engaged on domestic voyages

The provisions provide for the possibility for passenger ships of less than 15 metres in overall length engaged on domestic voyages to be constructed and equipped in accordance with the Nordic Boat Standard for Commercial Boats less than 15 metres, 1990 (Nordic Boat Standard). The provision continues current legislation, cf. Regulations 87/505 section 9.

Section 6 New requirements for ships constructed before 1 November 1992

In requirements originating from international conventions and codes, which have been implemented into Norwegian legislation by regulations laid down by the Norwegian Maritime Authority, the principle is that the requirements that applied at the time of construction of a vessel, also apply for subsequent certificate renewals. When a ship is altered or converted, however, the requirements applicable to a new ship may be applied.

A new ship according to current law is defined as a ship constructed on or after 1 November 1992, cf. section 2 item 39 of Regulations 1992/695. Section 6 of the new Construction Regulations establishes that for a ship constructed before this date, the NMA may require certain provisions of the Regulations to be met. Whether, or to which extent, the provisions of the Regulations shall apply to ships constructed before 1 November 1992, is partly stipulated by individual provisions in the Regulations, see e.g. chapters 4 and 7. In other contexts a notification of a conversion or alteration of a vessel will lead the NMA to carry out a concrete assessment with the purpose of establishing whether the conversion or alteration is so extensive or significant that new requirements shall be applied. Section 6 first paragraph subparagraphs a to f is a non-exhaustive list showing typical changes that could lead to the application of the new requirements.

Compared to the proposal that was circulated for review, a new third paragraph has been included in section 6 which corresponds to a provision in section 1 third paragraph of the Regulations for EU passenger ships. The wording of the new third paragraph indicates that changes made only to increase the stability of a ship, will not entail the application of new requirements.

Chapter 2 Supplementary safety rules

Chapter 2 mainly contains supplementary safety rules to, inter alia, SOLAS chapter II-1 part A-1, and continues current law. The structure and division of the chapter has been changed somewhat compared to today's set of rules.

Chapter 3 Stability

Chapter 3 contains provisions on stability and is introduced by section 17 requiring stability calculations to be carried out. Such calculations are furthermore required to be carried out by means of a computer program approved by the Norwegian Maritime Authority.

The conditions for the stability calculations required pursuant to section 17 and which parameters and variables to include have been specified in chapter 8 of the Regulations, which contains provisions on the required documentation in connection with the construction of ships.

Section 18 Stability of ships constructed in accordance with section 4

Section 18 of the Regulations in principle continues section 12 of Regulations 1992/695.

Section 19 Intact stability for ships constructed in accordance with section 4

The IMO's Code on Intact Stability - the 2008 IS Code - is made mandatory by section 3 of the Regulations, cf. SOLAS regulation II-1/5 for ships covered by SOLAS. The provisions of section 19 first and second paragraphs make parts of the 2008 IS Code mandatory also for passenger ships engaged on domestic voyages and for cargo ships of 24 metres in length (L) and upwards regardless of trade area.

Section 19 third to final paragraphs otherwise continue current law as stipulated by sections 14 and 33 of Regulations 1992/695.

Section 20 Stability of passenger ships of less than 15 metres in overall length

The provisions of section 20 first and second paragraphs continue section 33 fourth paragraph of Regulations 1992/695.

Section 21 Intact stability for barges

The provisions of section 21 mirror section 50 of Regulations 1992/695.

Section 22 Stability of heavy lift vessels

The provisions of section 22 continue section 23 first paragraph of Regulations 1992/695 with one minor amendment. Instead of such ships needing exemption from the requirements of the Load Line Convention, the new Construction Regulations presuppose that such exemption from the provisions of the Load Line Convention has been granted.

Section 23 Requirements for new stability calculations

The provisions of section 23 continue section 20 of Regulations 1992/695. The provisions supplement section 6 of the Regulations.

Section 24 Double bottoms for passenger ships engaged on domestic voyages

The provisions continue section 31 of Regulations 1992/695, except that no particular ship types have been mentioned. The Norwegian Maritime Authority presupposes that an application for exemption is submitted if it turns out that the requirements as provided by section 24 are not suitable for a particular type of ship.

Section 25 Watertight integrity above the freeboard deck on ships constructed pursuant to section 4

The provision continues those parts of section 24 and section 35 second paragraph of Regulations 1992/695 that apply to ships which otherwise are not covered by section 3 of the Regulations laid down by this circular.

Sections 26 and 29 on requirements for watertight subdivision and damage stability

Section 34 of Regulations 1992/695 has eleven in part long and intricate paragraphs which are in turn divided into subparagraphs. It is suggested that section 34 of Regulations 1992/695 is divided into four thematic paragraphs. Even after the division the provisions will be complicated to read. The NMA nevertheless feels that the new layout makes the provisions more readily accessible.

Section 30 Openings in afterpeak bulkheads and peak bulkheads on passenger ships constructed pursuant to section 4

The provisions of section 30 continue section 34 third paragraph second sentence in fine as well as the fourth paragraph of Regulations 1992/695. The requirements pursuant to the same section third paragraph first sentence are already stipulated by section 4 of the Regulations.

Section 31 Ships having side thrusters with elastic mounting

The provision of section 31 continues section 19 of Regulation 1992/695 with minor editorial changes only.

Section 32 Loading conditions

Section 32 continues current law as stipulated by section 15 and section 43 third paragraph of Regulations 1992/695. The wording of the mentioned sections transforms relevant sections of the IMO's Code on Intact Stability (2008 IS Code). Instead of being transformed, the provisions have been continued by a precise reference to parts of the 2008 IS Code. In this connection, a reference is also made to MSC.235(82), which has been made applicable as regulation for offshore support vessels, cf. section 3 third paragraph.

Section 33 Calculation of loading conditions for ships with free flooding or circulation in wells

The provisions continue section 18 of Regulations 1992/695 with some minor editorial changes.

Section 34 Intact stability for ships carrying out towing operations

Section 34 continues section 43 second paragraph of Regulations 1992/695. The reference to section 3 of the Regulations applies to ships covered by the requirements of SOLAS, whereas the reference to sections 18 and 19 of the Regulations applies to cargo ships of less than 500 gross tonnage engaged on foreign voyages or ships carrying out towing operations engaged on domestic voyages.

Section 35 Watertight bulkheads in offshore support vessels

The provisions of section 35 continue section 44 first paragraph of Regulations 1992/695 with no change in the contents.

Section 36 Time of closing for watertight doors

The provision of section 36 establishes a requirement for a minimum time of closing for watertight doors, cf. SOLAS regulation II-1/13 which lays down a maximum requirement of 60 seconds, cf. section 10 fourth paragraph subparagraph a of Regulations 1992/695.

Chapter 4 Special damage stability requirements for ro-ro passenger ships engaged in regular service on foreign voyages

The provisions of sections 37 to 42 continue sections 24, 24a and 24c third paragraph of Regulations 1992/695. The provisions of the new Regulations on the construction of ships divide section 24 of Regulations 1992/695 into thematic sections. The purpose of these changes has been to improve readability.

Section 24b of Regulations 1992/695 is a provision that requires Norway together with one or more EEA countries to prepare a list of sea areas where ro-ro passenger ships are engaged in regular service on foreign voyages. Such a list has been prepared, and the result has been included as an appendix to Regulations 1992/695. The content of section 24b is not directed at the obligated parties of the Ship Safety and Security Act, and this provision has therefore been omitted. The appendix showing significant wave height as a function of sea areas has been laid down as part of the Regulations being laid down by this circular.

Chapter 5 Load lines and freeboard

In principle, the Load Line Convention applies to ships of 24 metres in length (L) and upwards engaged on foreign voyages, cf. the Load Line Convention as amended by the Protocol of 1988 Annex A Article 4, see Article 5.

Chapter 5 of the Regulations contains provisions which inter alia expand the scope of application of the Load Line Convention so that provisions related to openings, heights of coamings and sills, means of closure etc. that are laid down by the Load Line Convention, are also made applicable to ships of less than 24 metres in length (L) and to ships engaged on domestic voyages.

In the cases where certain requirements of the Convention are made applicable to ships engaged on domestic voyages which are, as a condition, certified for trade in less weather-exposed trade areas than what can be expected for ships engaged on foreign voyages, exemptions have been made in current law from the Load Line Convention's requirements related to dimensioning of heights of coamings and sills, windows and freeing port area. The exemptions are stipulated by Regulations 1992/695 section 26 fourth, fifth, sixth and ninth paragraphs, and are continued in chapter 5, sections 46 and 49.

Section 43 Load lines and requirements for assignment of freeboard on ships engaged on foreign voyages

Section 43 incorporates the Load Line Convention as regulation for passenger ships and cargo ships of 24 metres in length (L) and upwards engaged on foreign voyages. With the exception of the reference to the Survey Regulations, the provisions continue section 26 first paragraph of Regulations 1992/695.

Section 44 Requirements related to means of closure, coaming and sill height for all ships

The wording of this section entails that parts of the Load Line Convention containing provisions on conditions for assignment of freeboard (see comment to chapter 5 above), are also made applicable to all ships covered by the Regulations, regardless of length and trade area. The purpose of this provision is that all ships shall, in principle, have heights of coamings and sills and means of closure in compliance with the Load Line Convention. The conditions are also used as a basis for ships not required to be marked with load line or freeboard markings. The provisions continue section 26 third paragraph, section 35 third and fourth paragraphs and section 41 fifth paragraph of Regulations 1992/695.

Section 44 second paragraph establishes that a barge not carrying chemical, oil or gas cargo and which is used in sheltered waters, may be constructed as an open barge, i.e. without means of closure as stipulated by the Load Line Convention, cf. the requirements of section 44 first paragraph of the Regulations. The second paragraph continues section 49 third paragraph of Regulations 1992/695.

Section 45 National freeboard on passenger ships engaged on domestic voyages

Section 45 continues section 36 third paragraph, cf. section 35 third paragraph, of Regulations 1992/695.

Section 46 Exemptions from the requirements of the Load Line Convention for passenger ships engaged on domestic voyages

Section 46 continues section 36 fifth paragraph and section 26 fourth to sixth paragraphs of Regulations 1992/695. In current law the term "adaptation" is used. In the opinion of the NMA, these provisions are meant as exemptions from the dimensional requirements pursuant to the Load Line Convention, and the provisions laid down in the new Regulations on the construction of ships, therefore express this. Unlike current law, Class D and C passenger ships are also covered by the exemptions. It is assumed that Class D passenger ships have trade area 3, whereas Class C passenger ships have trade area 4.

Sections 47, 48 and 49

The sections continue sections 41, 51 and 26 ninth paragraph, respectively, of Regulations 1992/695.

Chapter 6 Machinery installations

Chapter 6 continues sections 11, 39, 23 third paragraph and 47 of Regulations 1992/695.

Chapter 7 Electrical installations on ships covered by section 4

With the two exceptions discussed below, sections 55 to 65 of the Regulations continue the provisions of chapter 5A in Regulations 1992/695.

Section 30a first paragraph of Regulations 1992/695 lays down provisions requiring that electrical installations on board ships shall be designed in accordance with SOLAS II-1 parts C and D "to the extent that the Convention has been made applicable to the ship in question". With the structure chosen for the Regulations, such a reference is considered superfluous, cf. the provision related to incorporation in section 3 of the Regulations.

Section 30a third paragraph of Regulations 1992/695 has the following wording:

"For all ships mentioned in the first and second paragraphs, the design shall be in accordance with the regulations currently in force concerning electrical plants for maritime installations, laid down by the Directorate for Civil Protection and Emergency Planning (DSB)".

The reference to the regulations laid down by the DSB has been removed in the Regulations. The basis for this decision is that section 30a third paragraph of Regulations 1992/695 has been included in order to inform of the provisions that apply for the design of electrical installations on board ships.

The NMA finds that cross-references or references to provisions of other regulations which have been included purely for information purposes, should be limited as far as possible. This applies particularly when such regulations have not been laid down by the NMA, resulting in a real risk of misinformation.

Information about which provisions apply in a certain area can be given in other ways than in regulations. With regard to provisions related to requirements for design and installation of electrical installations on board ships, the DSB is the competent authority. Provisions related to electrical installations on board ships have been included in and are pursuant to the Regulations of 4 December 2001 concerning maritime electrical installations (the FME Regulations). The NMA assumes that industry representatives designing and constructing ships are familiar with these regulations.

Chapter 8 Required documentation when constructing ships

Sections 66 to 74 Drawings, information and other documentation

Sections 66 to 74 have provisions related to the elements for which documentation is required when constructing, converting or altering a ship. The requirements for documentation are related to the calculations to be performed, the conditions for such calculations and the formal requirements for the documents to be submitted in connection with the NMA's administrative procedure. Sections 66 to 74 are based on and continue current law as laid down in, inter alia, section 8 of Regulations 1992/695.

Since March 2012, the NMA has given companies and consultants the opportunity to submit drawings and other documentation electronically on a voluntary basis. This is also what happens in practice, with the result that the requirement of current law stipulating that the various documents shall be produced and submitted in a certain amount of copies, lapses. It is, however, still possible to submit drawings and documents on paper. Paper documents shall as a main rule be submitted in three copies, unless there is an agreement between the NMA and the company related to more or fewer copies.

Drawings will be central documents, but other forms for documentation will also have to be prepared as far as required, including technical descriptions, calculations, computations, graphic curves, tables, etc., in order to demonstrate that a ship is constructed in accordance with the legislation.

Chapter 9 Concluding provisions

Section 75 Exemptions

Section 75 first paragraph is new compared to the proposal circulated for general review. The provisions of section 75 first paragraph implement SOLAS regulation I/5 and signal that alternative solutions may upon written application be considered equivalent to the requirements of the Regulations. The wording "when it is established" means that the applicant must convince the NMA that the proposed solution satisfies the regulatory requirements. Documentation of completed tests of such alternative solutions may be an example of how to meet the requirement.

When it is not practicable or appropriate to comply with a regulatory requirement, the NMA has the possibility to grant exemptions from such requirements when it is found justifiable in terms of safety that an exemption in an individual case can be granted. The Regulations nevertheless express minimum requirements. It shall neither be easy nor straight forward to be granted exemptions from the minimum requirements. In the cases where it e.g. is not practicable to satisfy the regulatory requirements, the company has the possibility to apply for an exemption. In addition to ensuring that the level of safety of the Regulations is maintained, the exemption process will contribute to similar cases being treated equally.

The provisions related to exemptions in section 75 second paragraph therefore continue the competence stipulated by Regulations 1992/695 section 4 regarding exemptions, which lays down that the NMA in individual cases may grant exemptions from the requirements of the Regulations. The latitude of the paragraph is limited to ships not regulated by SOLAS II-1, or by the provisions of the Load Line Convention, if applicable, that is to say ships engaged on domestic voyages, smaller cargo ships engaged on foreign voyages and barges regardless of trade area.

The wording of section 75 second paragraph gives the NMA the legal basis to make decisions on exemptions from the requirements of the Regulations. An exemption requires that the company submits a written application containing information and justification, which the NMA will then consider taking into account the considerations and interests that the applicable requirements are meant to look after. Whether a decision shall be made exempting the company from certain commitments, is decided following a concrete assessment. Companies applying for exemptions are not entitled to have these granted even if the terms of the exemption provision are satisfied. The starting point is that the requirements of the Regulations shall be met. Only in extraordinary cases, where warranted by valid grounds, will there be an opening for making a decision to exempt.

There are two possibilities for granting exemptions, cf. subparagraphs a and b of the second paragraph.

Pursuant to subparagraph a the criteria are as follows:
"it is established that the requirement is not essential and that the exemption is justifiable in terms of safety"

That the requirement is not essential means that the requirement concerned is considered to be less essential when compared to the extraordinary reasons forming the basis for an exemption. In the processing of such applications it is also possible that considerations related to social economy may be taken into account. An exemption pursuant to subparagraph a may only be granted if a waiver of the requirement concerned will still provide a solution considered overall justifiable in terms of safety.

The exemption pursuant to subparagraph a will also be relevant in the particular cases where, due to the general wording of the requirements, it is difficult to make the regulatory requirement applicable to the ship in question.

With regard to the term "justifiable in terms of safety", assessments must take into account the safety of life and health, environment and material values.

Pursuant to section 75 second paragraph subparagraph b the criteria are as follows:
"it is established that compensating measures will maintain the same level of safety as the requirement of these Regulations"

The term "compensating measures" is relatively wide, and may include a number of measures, including innovative measures, as long as they are considered to maintain the same level of security as the requirement(s) of the Regulations.

Section 76 Entry into force and repeal

The new Regulations on the construction of ships is a part of a regulatory project that will lead to a major structural change for the implementation of 10 binding instruments from international law into Norwegian legislation. A common date for entry into force, 15 September 2014, has been set for regulations implementing SOLAS chapters II-1, II-2, III, IV, VI, VII and XII.

Economic and administrative consequences

The new Regulations on the construction of ships for the most part continue current law. The starting point is that the legislation shall be more readily available to the users and that the structure chosen shall make it easier and more straightforward to find the applicable requirements related to the construction of ships. The NMA also surmises that a new and changed structure will make the maintenance of the legislation less resource-demanding for the authorities.

If companies and others have referred to the repealed Regulations in their normative documents, they will have to bear the costs of incorporating and updating new references. Then again, the new Regulations on the construction of ships, together with other regulations included in the NMA's regulatory project, will contribute to reducing the total number of regulations. As a result, companies will have a lower number of references to relate to. In the long term, this simplification will save time and resources with regard to the continuous maintenance required to keep a company's normative documents up-to-date.

The Norwegian Maritime Authority presupposes that the overall gain of new Regulations on the construction of ships is larger than the associated costs related to their adoption.

[1] See http://www.sjofartsdir.no/om-direktoratet/aktuelt/horinger/

[2] There are currently 6 classification societies which have been delegated authority: ABS, CLASSNK, BV, DNVGL, LR, RINA

[3] See Regulations of 28 March 2000 No. 305 concerning surveys, construction and equipment of passenger ships engaged on domestic voyages

[4] This refers to new Regulations on the certification of ships which were circulated for review at the time when the new Regulations on the construction of ships were laid down.

[5] Regulations of 15 June 1987 No. 507 concerning safety measures, etc. on passenger ships, cargo ships and lighters