Cargo, Fumigation and Tackle Regulations — 217
217 (1) No person shall begin fumigation unless (a) the fumigator-in-charge, accompanied by the vessel’s master or the master’s agent, has inspected the space in which the cargo is to be fumigated before the cargo that is to be fumigated is loaded on board and has determined that, during the fumigation, no fumigant is likely to leak from the space containing the cargo and into an adjoining space or out of the vessel; (b) the fumigator-in-charge has given a notice in writing to the vessel’s master that specifies (i) the name of the fumigant that will be used, (ii) any hazards that the fumigation might present, (iii) the precautions or other steps that the crew shall take in relation to the fumigation, and (iv) the results of the inspection referred to in paragraph (a) and specifically the determination of the fumigator-in-charge that, during the fumigation, no fumigant is likely to leak from the space containing the cargo and into an adjoining space or out of the vessel; (c) the loading of cargo onto the vessel is completed and all persons, other than the persons who are engaged in the fumigation or who will sail with the vessel, have disembarked; (d) the fumigator-in-charge has given notice in writing to the following of the location of the spaces that will be fumigated and of all other spaces that the fumigator-in-charge determines are unsafe for entry by any person during the fumigation and before the vessel becomes gas-free: (i) the vessel’s master, (ii) the harbour master at the port or, if there is no harbour master, the person responsible for the port, and (iii) the Department of Transport Marine Safety Office nearest to the vessel; (e) every person who will sail with the vessel has been informed by the fumigator-in-charge or by the vessel’s master of the carrying out of the fumigation and of the danger of entering the spaces referred to in paragraph (d); (f) there is on display near the gangways and near the entrances that lead to the space in which the cargo is to be fumigated a sign that meets the requirements of paragraph 210(1)(b); (g) the fumigator-in-charge has posted a person to keep watch at each place where the vessel can be boarded while it is moored or at anchor; (h) no fewer than two crew members, one of whom is an officer, have knowledge of (i) any instructions that appear on the package containing the fumigant to be used in the fumigation, (ii) any recommendations or information provided by the manufacturer of the fumigant in respect of (A) the method of detecting the fumigant when it is in a gaseous state, (B) the behaviour and properties of the fumigant, (C) the symptoms likely to be shown by and the medical treatment of a person who has been poisoned by the fumigant, and (D) the emergency procedures that should be taken to prevent fire and explosion of the fumigant, and (iii) the operation of any equipment on board that is used to detect the presence of a fumigant; and (i) the vessel’s master has designated at least two of the crew members referred to in paragraph (h) to ensure that safe conditions in the accommodation spaces and working spaces are maintained after the fumigator-in-charge leaves the vessel. (2) No person shall remove the signs referred to in paragraph (1)(f) until a clearance certificate has been issued in respect of the space or until aeration has been completed. (3) When a clearance certificate has been issued in respect of the space, the vessel’s master shall ensure that any signs warning of the fumigation are removed. (4) The person keeping watch shall not allow a person who is not engaged in the fumigation or who will sail with the vessel to board it while it is moored or at anchor. (5) Despite paragraph (1)(a), fumigation may begin when the inspection referred to in that paragraph is carried out after cargo has been loaded if (a) the holds adjacent to the accommodation spaces are not fumigated; and (b) the vessel is alongside or, if it is not safe for the vessel to be alongside, i