CONVENTION No.133 Convention concerning Crew Accommodation onboard Ships (Supplementary Provisions)
CONVENTION No.133 Convention concerning Crew Accommodation onboard Ships (Supplementary Provisions)
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The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Fifty-fifth Session on
14 October 1970, and
Noting that the Accommodation of Crews Convention (Revised), 1949,
lays down detailed specifications concerning such matters as sleeping
accommodation, mess and recreation rooms, ventilation, heating, lighting
and sanitary facilities on board ship, and
Considering that in the light of the rapidly changing characteristics
of both the construction and the operation of modern ships further
improvements in crew accommodation can be provided, and
Having decided upon the adoption of certain proposals with regard to
crew accommodation, which is the second item on the agenda of the
session, and
Having determined that these proposals shall take the form of an
international Convention supplementing the Accommodation of Crews
Convention (Revised), 1949, adopts this thirtieth day of October of the
year one thousand nine hundred and seventy the following Convention, which
may be cited as the Accommodation of Crews (Supplementary Provisions)
Convention, 1970:
PART I. GENERAL PROVISIONS
Article 1
1. This Convention applies to every sea-going ship, whether publicly
or privately owned, which is engaged in the transport of cargo or
passengers for the purpose of trade or is employed for any other
commercial purpose, which is registered in a territory for which this
Convention is in force, and of which the keel is laid, or which is at a
similar stage of construction, on or after the date of coming into force
of the Convention for that territory.
2. National laws or regulations shall determine when ships are to be
regarded as sea-going ships for the purpose of this Convention.
3. This Convention applies to tugs where reasonable and practicable.
4. This Convention does not apply to
(a) ships of less than 1 000 tons;
(b) ships primarily propelled by sail, whether or not they are
fitted with auxiliary engines;
(c) ships engaged in fishing or in whaling or in similar pursuits;
(d) hydrofoils and air-cushion craft.
5. Provided that the Convention shall be applied where reasonable and
practicable to
(a) ships between 200 and 1 000 tons; and
(b) the accommodation of persons engaged in usual sea-going
routine in ships engaged in whaling or in similar pursuits.
6. Provided also that any of the requirements applicable by virtue of
Article 3 of this Convention may be varied in the case of any ship if the
competent authority is satisfied, after consultation with the
organizations 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 concerned to the
Director-General of the International Labour Office.
7. Provided further that the competent authority shall, after
consultation with the organizations of shipowners and/or the shipowners
and with the bona fide trade unions of seafarers, determine the extent to
which it is appropriate, taking into consideration the need for off-duty
accommodation, to make exceptions or to diverge from the provisions of
this Convention in the case of
(a) sea-going ferries, feeder ships and similar ships which are not
continuously manned with one permanent crew;
(b) sea-going ships when repair personnel are carried temporarily
in addition to the ship's crew;
(c) sea-going ships engaged on short voyages which allow members
of the crew to go home or to make use of comparable facilities for part of
each day.
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 passenger ship 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 "adult" means a person who is at least 18 years of
age;
(h) 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;
(i) the term "prescribed" means prescribed by national laws or
regulations or by the competent authority;
(j) the term "approved" means approved by the competent authority;
(k) the term "re-registered" means re-registered on the occasion
of a simultaneous change in the territory of registration and ownership of
the ship.
Article 3
Each Member for which this Convention is in force undertakes to
comply, in respect of ships to which this Convention applies, with
(a) the provisions of Parts II and III of the Accommodation of
Crews Convention (Revised), 1949; and
(b) the provisions of Part II of this Convention.
Article 4
1. Each Member for which this Convention is in force undertakes to
maintain in force laws or regulations which ensure its application.
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 organizations
of shipowners and/or the shipowners and the 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. CREW ACCOMMODATION REQUIREMENTS
Article 5
1. The floor area per person of sleeping rooms intended for ratings
shall be not less than
(a) 3.75 square metres (40.36 square feet) in ships of 1 000 tons
or over but less than 3 000 tons;
(b) 4.25 square metres (45.75 square feet) in ships of 3 000 tons
or over but less than 10 000 tons;
(c) 4.75 square metres (51.13 square feet) in ships of 10 000 tons
or over.
2. Provided that the floor area per person of sleeping rooms intended
for two ratings shall be not less than
(a) 2.75 square metres (29.60 square feet) in ships of 1 000 tons
or over but less than 3 000 tons;
(b) 3.25 square metres (34.98 square feet) in ships of 3 000 tons
or over but less than 10 000 tons;
(c) 3.75 square metres (40.36 square feet) in ships of 10 000 tons
or over.
3. Provided also that the floor area of sleeping rooms intended for
ratings in passenger ships shall be not less than
(a) 2.35 square metres (25.30 square feet) per person in ships of 1
000 tons or over but less than 3 000 tons;
(b) in ships of 3 000 tons or over
(i) 3.75 square metres (40.36 square feet) in rooms
accommodating one person;
(ii) 6.00 square metres (64.58 square feet) in rooms
accommodating two persons;
(iii) 9.00 square metres (96.88 square feet) in rooms
accommodating three persons;
(iv) 12.00 square metres (129.17 square feet) in rooms
accommodating four persons.
4. The number of ratings occupying sleeping rooms shall not exceed two
persons per room, except in passenger ships where the maximum number
permissible shall be four.
5. The number of petty officers occupying sleeping rooms shall not
exceed one or two persons per room.
6. In sleeping rooms for officers, where no private sitting room or
day room is provided, the floor area per person shall be not less than
6.50 square metres (69.96 square feet) in ships of less than 3 000 tons,
and not less than 7.50 square metres (80.73 square feet) in ships of 3 000
tons or over.
7. In ships other than passenger ships an individual sleeping room
shall be provided for each adult member of the crew, where the size of the
ship, the activity in which it is to be engaged, and its layout make this
reasonable and practicable.
8. Where practicable in ships of 3 000 tons or over, the chief
engineer officer and the chief navigating officer shall have, in addition
to their sleeping room, an adjoining sitting room or day room.
9. 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.
10. The minimum inside dimensions of a berth shall be 198 centimetres
by 80 centimetres (6 feet 6 inches by 2 feet 7.50 inches).
Article 6
1. The floor area of mess rooms for officers and for ratings shall be
not less than 1 square metre (10.76 square feet) per person of the planned
seating capacity.
2. Mess rooms shall be equipped with tables and approved seats, fixed
or movable, sufficient to accommodate the greatest number of members of
the crew likely to use them at any one time.
3. There shall be available at all times when members of the crew are
on board
(a) a refrigerator, which shall be conveniently situated, of
sufficient capacity for the number of persons using the mess room or mess
rooms;
(b) facilities for hot beverages; and
(c) cool water facilities.
4. The competent authority may permit such exceptions to the
provisions of paragraphs 1 and 2 of this Article concerning mess room
accommodation as may be necessary to meet the special conditions in
passenger ships.
Article 7
1. 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.
2. Furnishings for recreation accommodation shall as a minimum include
a bookcase and facilities for reading, writing and, where practicable, for
games.
3. In respect of ships of 8 000 tons or over, a smoking room or
library room in which films or television may be shown and a hobby and
games room shall be provided; consideration shall be given to the
provision of a swimming pool.
4. In connection with the planning of recreation accommodation, the
competent authority shall give consideration to the provision of a
canteen.
Article 8
1. In all ships a minimum of one water closet and one tub and/or
shower bath for every six persons or less who do not have facilities in
pursuance of paragraphs 2 to 4 of this Article shall be provided at a
convenient location for officers and for ratings. When women are employed
in a ship, separate sanitary facilities shall be provided for them.
2. In ships of 5 000 tons or over but less than 15 000 tons,
individual sleeping rooms for at least five officers shall have attached
to them a separate private bathroom fitted with a water closet as well as
a tub and/or shower bath and a wash basin having hot and cold running
fresh water; the wash basin may be situated in the sleeping room. In
addition, in ships of 10 000 tons or over but less than 15 000 tons, the
sleeping rooms of all other officers shall have private or
intercommunicating bathrooms similarly fitted.
3. In ships of 15 000 tons or over, individual sleeping rooms for
officers shall have attached to them a separate private bathroom fitted
with a water closet as well as a tub and/or shower bath and a wash basin
having hot and cold running fresh water; the wash basin may be situated in
the sleeping room.
4. In ships of 25 000 tons or over, other than passenger ships, a
bathroom for every two ratings shall be provided, either in an
intercommunicating compartment between adjoining sleeping rooms or
opposite the entrance of such rooms, which shall be fitted with a water
closet as well as a tub and/or shower bath and a wash basin having hot and
cold running fresh water.
5. In ships of 5 000 tons or over, other than passenger ships, each
sleeping room, whether for officers or ratings, shall be provided with a
wash basin having hot and cold running fresh water, except where such wash
basin is situated in a bathroom provided in conformity with paragraph 2, 3
or 4 of this Article.
6. In all ships, facilities for washing, drying and ironing clothes
shall be provided for officers and ratings on a scale appropriate to the
size of the crew and the normal duration of the voyage. These facilities
shall, whenever possible, be located within easy access of their
accommodation.
7. The facilities to be provided shall be-
(a) washing machines;
(b) drying machines or adequately heated and ventilated drying
rooms; and
(c) irons and ironing boards or their equivalent.
Article 9
1. In ships of 1 600 tons or over there shall be provided
(a) a separate compartment containing a water closet and a wash
basin having hot and cold running fresh water, within easy access of the
navigating bridge deck primarily for those on duty in the area; and
(b) a water closet and a wash basin having hot and cold running
fresh water, within easy access of the machinery space if not fitted near
the engine room control centre.
2. In ships of 1 600 tons or over, other than ships in which private
sleeping rooms and private or semi-private bathrooms are provided for all
engine department personnel, facilities for changing clothes shall be
provided which shall be
(a) located outside the machinery space but with easy access to it;
and
(b) fitted with individual clothes lockers as well as with tubs
and/or shower baths and wash basins having hot and cold running fresh
water.
Article 10
The minimum headroom in all crew accommodation where full and free
movement is necessary shall be not less than 198 centimetres (6 feet 6
inches): Provided that the competent authority may permit some limited
reduction in headroom in any space, or part of any space, in such
accommodation where it is satisfied that it is reasonable to do so and
also that such reduction will not result in discomfort to the crew.
Article 11
1. Crew accommodation shall be properly lighted.
2. Subject to such special arrangements as may be permitted in
passenger ships, sleeping rooms and mess rooms shall be lighted by natural
light and shall be provided with adequate artificial light.
3. In all ships electric light 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. In sleeping rooms an electric reading lamp shall be installed at
the head of each berth.
5. Suitable standards of natural and artificial lighting shall be
fixed by the competent authority.
Article 12
In the case of ships the manning of which has to take account, without
discrimination, of the interests of crews having differing and distinctive
religious and social practices, the competent authority may, after
consultation with the organizations of shipowners and/or the shipowners
and with the bona fide trade unions of the seafarers concerned, and
provided that these two sides are in agreement, permit variations in
respect of the provisions of paragraphs 1 to 4 and paragraph 7 of Article
5 and paragraphs 1 and 4 of Article 8 of this Convention on condition that
such variations do not result in over-all facilities less favourable than
those which would result from the application of the provisions of the
Convention. Particulars of all such variations shall be communicated by
the Member concerned to the Director-General of the International Labour
Office who shall notify the Members of the International Labour
Organization.
PART III. APPLICATION OF THE CONVENTION TO EXISTING SHIPS
Article 13
1. In the case of a ship which is fully complete on the date of the
coming into force of this Convention for the territory of registration and
which is below the standard set by this Convention, the competent
authority may, after consultation with the organizations of shipowners
and/or the shipowners and with the bona fide trade unions of seafarers,
require such alterations for the purpose of bringing the ship into
conformity with the requirements of the Convention as it deems reasonable
and practicable, having regard in particular to technical, economic and
other problems involved in the application of Articles 5, 8 and 10, to be
made when
(a) the ship is re-registered;
(b) substantial structural alterations or major repairs are made
to the ship as a result of long-range plans and not as a consequence of an
accident or emergency.
2. In the case of a ship in the process of building and/or conversion
on the date of the coming into force of this Convention for the territory
of registration, the competent authority may, after consultation with the
organizations of shipowners and/or the shipowners and with the bona fide
trade unions of seafarers, require such alterations for the purpose of
bringing the ship into conformity with the requirements of the Convention
as it deems reasonable and practicable, having regard in particular to
technical, economic and other problems involved in the application of
Articles 5, 8 and 10; such alterations shall constitute final compliance
with the terms of this Convention.
3. In the case of ship, other than such a ship as is referred to in
paragraphs 1 and 2 of this Article or a ship to which the provisions of
this Convention were applicable while she was under construction, being
re-registered in a territory after the date of the coming into force of
this Convention for that territory, the competent authority may, after
consultation with the organizations of shipowners and/or the shipowners
and with the bona fide trade unions of seafarers, require such
alterations for the purpose of bringing the ship into conformity with the
requirements of the Convention as it deems reasonable and practicable,
having regard in particular to technical, economic and other problems
involved in the application of Articles, 5, 8 and 10; such alterations
shall constitute final compliance with the terms of this Convention.
PART IV. FINAL PROVISIONS
Article 14
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 15
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which
there have been registered ratifications by twelve Members each of which
has more than one million tons of shipping, including at least four
Members each of which has at least two million tons of shipping.
3. Thereafter, this Convention shall come into force for any Member
six months after the date on which its ratification has been registered.
Article 16
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 17
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organization.
2. When notifying the Members of the Organization of the registration
of the last of the ratifications required to bring the Convention into
force, the Director-General shall draw the attention of the Members of the
Organization to the date upon which the Convention will come into force.
Article 18
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 19
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 20
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 16 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 21
The English and French versions of the text of this Convention are
equally authoritative.
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