IMSML Website Article 54/2024: Resolution MSC.548(107) - International Code of Safety for Diving Operations 2023 (2023 Diving Code)

This Resolution is the last subject-matter of Appendix 1 of Malaysian Shipping Notice (MSN) 12/2023. Resolution MSC.548(107) was made by the Maritime Safety Committee at its 107th Session. The Diving Code has its origins in 1995, where IMO adopted, via Resolution A.831(19), the Code of Safety for Diving Systems 1995 (ie the 1995 Diving Code). This was supplemented by Resolution A.692(17), which provided for 'Guidelines and Specifications for Hyperbaric Evacuation Systems'. These guidelines provided for rescue divers involved in saturation diving operations where support ships might have to be abandoned. Resolution MSC.548(107) adopts the latest version of the Code, ie Code of Safety for Diving Operations 2023 (2023 Diving Code).

ANNEX, See Annex 35, p 2

Preamble

What is the intent of the 2023 Diving Code? See Paragraph 1, there are 3 main objectives:

[1] Enhance the safety of divers and diving support personnel;

[2] Facilitate the international movement and operation of diving units;

[3] Provide a minimum international standard for the design, construction and survey of diving units to safely support diving operations.

Is the Diving Code applicable to circumstances where a diving system may be temporarily installed on a diving platform? Yes, see Paragraph 3.

Are 'all diving personnel' considered as 'persons on board' (POB)? Yes, with regard to the diving platform's life saving appliances, see Paragraph 5.

So how should divers under pressure who require lengthy decompression (eg those in saturation) and cannot access the diving platform's normal life-saving appliances? For that period, such divers are under pressure they do not need to be included in the number of personnel who are allocated to the diving platform's normal life-saving appliances, see Paragraph 5. Note, in this case, they can only be evacuated in hyperbaric survival craft (HBSC).

What should IMO do for diving platforms of less than 500 gross tonnage and of any age? The Code could be applicable although the Code was designed for diving platforms of more than 500 gross tonnage, see Paragraph 6.

Could the diving units only operate when it is issued with a 'Diving Unit Safety Certificate' (DUSC)? Yes, see Paragraph 7.

Are additional SOLAS Safety Certificates to be carried? See Paragraph 7 which provides:

[1] For a passenger ship - a SOLAS Exemption Certificate, see Paragraph 7.1;

[2] For a cargo ship - a SOLAS Exemption with a SOLAS Exemption Certificate, where necessary, as IMO deems appropriate, see Paragraph 7.2.

Is this Code applicable to diving platform and fixed offshore installations, which technically fall outside the scope of SOLAS, but do carry out diving operations? IMO invites all State Regulators (ie Administrations) to consider applying the Diving Code 2023, to the extent that it is reasonable and practicable.

INTRODUCTION

Section 1 - Goal

This is a re-iteration of  Paragraph 1 of the Preamble.

Section 2 - Application

What ships are covered by the Code? According to Section 2.1, the following are identified by the Code:

'Ships of not less than 500 gross tonnes that have a diving system installed on or after 1 January 2024'.

When is the effective of completion of installation for the purposes of Code applicability? The date on which the Diving Unit Safety Certificate (DUSC) is issued, see Section 2.1.

Can the Code be applied to ships of less than 500 gross tonnes? Yes, in so far as it is reasonable and practicable, especially where there are objects acting as a diving unit to which SOLAS does not apply, see Section 2.1.

What is the status of ships having diving systems installed before 1 January 2024? There should be certification as a diving unit under this Code by the date of the next Safety Construction Renewal Survey or equivalent, see Section 2.2.

What about diving systems under construction at the time when this Code comes into effect? The installation date should be the date when the building contract of the diving system was signed, see Section 2.2.

Does the Code apply to plant and equipment required for the medical care or treatment of patients, not related to diving, but are in a 'pressure vessel for human occupancy' (PVHO)? No, see Section 2.3. Note at fn 3, Regulators may require appropriate elements of the Code to be applicable to a PVHO (and its associated plant and equipment installed / integrated into a vessel for medical treatment).

Can a Coastal State impose additional or alternative requirements regarding diving units and diving operations? YES, see Section 2.4.

What is the status of equipment installed as standby diving units? The application of the Code should be considered on a case-by-case basis by IMO (or Regulators acting through it), see Section 2.5.

Section 3 - Definitions

This section clarifies the meaning of words / phrases used in this Code. These range from 'administration' (see Section 3.1) to 'diving bell' (see Section 3.10), 'diving operation' (see Section 3.11) to 'hazardous areas' (see Section 3.20), 'hyperbaric evacuation' (see section 3.21) to 'pressure vessel' (see Section 3.30), and 'pressure vessel for human occupancy' (PVHO) to 'wet bell' (see section 3.4.1).

Section 4 - Alternative Arrangements

Are alternative arrangements which embody features, or designs, of a novel kind accepted? Yes, in order not to restrict research and development, see Section 4. Note, such arrangements should provide for an equivalent level of safety for the intended operation to ensure overall safety of the diving unit and diving operation. These alternative arrangements should be documented on the Certificate, see Section 4.

Section 5 - Surveys and Certification

How does certification work when the diving system and diving platform are owned /operated by different parties? There is a two-part certification process (see section 5.1):

[1] PART I - Certificate for the diving unit;

[2] PART II - Certificate for the diving system.

Note, see Appendix 2 for a Model Form of the Certificate.

What sort of surveys should every 'diving unit' should be subject to? Section 5.2 identifies the following:

[1] Initial survey (see Section 5.2.1):

[a] This is done before amy diving unit is put into service or before the Certificate required under this Section of the Code is issued for the first time;

[b] Includes a complete a thorough verification of the diving systems integration and arrangement with the diving platform;

[c] The occupational health and safety management system, provision of essential services and diving systems limitations (see PART II of the Certificate) are to be verified;

[d] Suitability of the life-saving arrangements and the functionality of the whole diving unit need to be taken into account.

[2] Even where the diving system has been certified in accordance with the Code, should the certification be confirmed to be acceptable to the Administration? YES, see Section 5.2.1.

[3] Installation Survey (see Section 5.2.3) - Conducted by the certifying authority of the diving system, ie to be completed prior to issuing the DUSC under PART I;

[4] An existing diving system not certified in accordance with the 1995 version of the Code (see Section 5.2.4) - Valid only until 1 January 2029. Need to clearly state which provisions under the Code cannot be confirmed as alternative arrangements for IMO's consideration issuing a PART I Certificate;

[5] Renewal surveys (see Section 5.2.5) -  Specified by IMO, at intervals not exceeding 5 years. There should be a complete and thorough verification to ensure that the diving unit (including diving system) fully complies with the provisions of the Code;

[6] Annual survey (see Section 5.2.6) - To be done within 3 months before or after each anniversary date of the Certificate. Ensures that the diving unit (including the diving system) remains in compliance with the Code, ie in good working order.

What every 'diving system' (forming part of a diving unit should be subject to? Section 5.3 makes provisions similar to those found in Section 5.2 for 'diving units', except for one, ie one for a 'temporary diving system is demobilised'. When remobilised, all surveys that were not practicable to be carried out when demobilised, should be carried out and completed. Then PART II of the Certificate should be endorsed accordingly, see Section 5.3.6.

Should an inspection (either general or partial) be made every time a defect is discovered, or an accident occurs which affect the safety and certification of the diving system? Yes, whenever repair or alterations is made. The inspection should ensure there is full compliance with provisions of the Code, see Section 5.4.

Who should carry out the surveys or inspections? General rule - By officers of IMO. Exception - Delegations may be entrusted to surveyors nominated by organisations recognised by IMO, see Section 5.5. Note, in every case, IMO should fully guarantee the completeness and efficiency of the survey.

Can changes to the diving unit be made after a survey or inspection is completed? Not without the agreement of IMO (or a recognised organisation). The exception if replacement of equipment and fittings to the equivalent specification for the purposes of repair or maintenance, see Section 5.6.

When should a Certificate the issued? After the survey or inspection by IMO, see Section 5.6. Note, that IMO should assume full responsibility for the Certificate.

What language should be used for the Certificate? The official language of IMO in the form corresponding to the Model in Appendix 2 of the Code, see Section 5.8. Note, if neither English, French nor Spanish is is used, the text should includes a translation into one of these languages.

Should any alternative arrangements granted under Section 4 be clearly noted on the Certificate? YES, see Section 5.9.

What is the period of validity for a Certificate? When issued by IMO, it should not be for a period longer than 5 years from the date of issue, see Section 5.10.

Could an extension be granted for the validity of the Certificate? Yes, for a maximum period of 5 months at the discretion of IMO, subject to an annual survey being carried out, see Section 5.11.

Section 6 - Control

Should the Certificate always be accepted? Yes, unless there are clear grounds for believing that the condition of the diving system or diving unit does not correspond substantially with the particulars of the certificate, see Section 6.1.

What should a controlling officer do when there is such a discrepancy with the Certificate? Allow the diving unit to operate on a temporary basis without under risk to the divers and personnel on board, see Section 6.1. In the event of an intervention, the officer in control should inform the following (see Section 6.1):

[1] IMO;

[2] The Consul;

[3] In the absence of wither [1] or [2] above, the nearest diplomatic representative of the State in which the diving unit is registered.

Should the circumstances / basis of the intervention and why it was deemed necessary be recorded in writing? Yes, see Section 6.1.

Does a Coastal State have a right under International Law to impose its own provisions relating to the regulation, surveying and inspection of diving units engaged (or intending to engage) in diving operations? Yes, the State is entitled to exercise sovereign rights over the parts of the seabed and subsoil where it is recognised by international law, see Section 6.2

Section 7 - Structure of the Code

The Code is divided into several 'Chapters'. The following are the contents of the 'Chapters':

[1] Chapter 1 - General, see section 7.1;

[2] Chapter 2 - Diving Unit Principles - Redundancy and Integration, see Section 7.2;

[3] Chapter 3 - Operational Capabilities and Limitations of Diving Platforms for Conducting Safe Diving Operations, see Section 7.3;

[4] Chapter 4 - Diving System Design, Construction, Installation, Testing and Survey, see Section 7.4;

[5] Chapter 5 - Diving Operations and Safety Management, see Section 7.5;

Appendix 1 - Additional Guidance

This is how the Appendix is sectioned:

[1] Section 1 - Additional Guidance to Chapter 3 - Operational Capabilities and Limitations of Diving Platforms for Conducting Safe Diving Operations;

[2] Section 2 - Additional Guidance to Chapter 4 - Diving System Design, Construction, Installation, Testing and Survey;

[3] Section 3 - Additional Guidance to to Chapter 5 - Diving Operations and Safety Management;

Appendix 2 - Model Form of Diving Unit Safety Certificate

This certificate is issued in pursuance of the 2023 Diving Code. PART I was adopted by Resolution MSC.548(107). The front page of the certificate contains details such as (see Annex 35, p 73):

[1] Name of the diving unit;

[2] Official number of the diving unit. Note that, if installed as a diving platform, both the diving unit name and the number of that platform is required;

[3] The official designation of the Government Authority and person authorised;

[4] Date on which the diving unit was certified for the first time;

[5] Name of the diving system;

[6] PART II Certificate Number;

[7] The name of the person responsible for inspection;

[8] Date on which the diving system was certified for the first time.

The next part of the certificate provides for the diving system and/or surface oriented diving system (see Annex 35, p 74). The saturation diving system us designed and constructed for the following specifications:

[1] Maximum operating depth;

[2] Air temperature ranges;

[3] Water temperature ranges;

[4] Maximum wind speed;

[5] Maximum sea state;

[6] Maximum number of divers.

The limiting operating parameters for surface oriented diving system and its components are similar to those for diving systems, with the following additions:

 [1] Maximum number of in-water divers;

[2] Maximum number of divers in the PVHO(s).

PART I of the certificate ends with the following statements (see Annex 35, p 74 and 75):

[1] The diving system was installed in accordance with the provisions of the 2023 Code;

[2] The certificate has been reviewed in accordance with IMO instructions, and modifications have been made and verified;

[3] Hyperbaric survival craft (HBSC) have been properly installed and its limitations noted in PART II, ie complying with the International Safety Management Code (ISM);

[4] Integration of the diving unit with the organisation's occupational health and safety management system.

This is followed by the validity period of the certificate, the completion date of the survey, place of issue and the relevant signatures / stamps. Under this, there is a list of annual surveys that have been completed, the place where it took place and the date when it was conducted.

PART II - Diving System Details for Consideration in Issuance of PART I of the Certificate and Acceptance by an Administration

PART II of the certificate starts with the following declaration:

'This certificate does not confer acceptance by an Administration nor provide complete certification against the 2023 Diving Code'.

The start of PART II is very similar to PART I and starts with the usual 'system and certification' details. There are however additional documented details for:

[1] The diving system, eg main equipment, design standard, rating and certificate number;

[2] Diving system required and essential services including interface location, eg required supply, rating, essential (yes/no), emergency supply and location of connection;

[3] Diving system hyperbaric survival craft (HBSC), eg Type, Launch Limitations, Environmental Limits, Certificate, Test certificate (free fall and environmental).

Towards the end, there are the usual certificate declarations, period of validity of the certificate, date on which the certificate is issued, place of issue as well as a signature and stamp. Underneath this, there are details of the annual surveys, and an endorsement for the extension of the Certificate (if relevant)

Appendix 3 - Guidance on Implementation of the Code of Safety for Diving Operations

The 1995 Code is very similar to the 2023 Code. The 2023 Code has an expanded scope that is not covered in the 1995 Code, see Section 1.2. The main differences introduced by the 2023 Code are summarised in Section 1.4:

[1] The Preamble - Clarification for the equivalent level of safety in relation to SOLAS;

[2] Chapter 1 - General - A new two-part certificate system which extends to temporary and surface oriented diving systems;

[3] Chapter 2 - Diving Unit Principles - Redundancy and integration - Added provisions for the diving unit as a whole including, integration of the diving system with the diving platform;

[4] Chapter 3 - Operational capabilities and limitations of diving platforms for conducting safe diving - new evacuations time and provisions for stability as well as positioning added for the ship;

[5] Chapter 4 - Diving system design, construction, installation, testing and survey - General updates based on industry practice, as well as provisions for surface oriented diving systems, including HBSC developed from the LSA Code;

[6] Chapter 5 - Diving Operations and safety management - this includes alignment with the ISM Code, provisions for manning, training, emergency response, voyage planning, as well as additional information on current good industry practice;

[7] Appendix 1 - Additional Guidance - Additional Information on the Chapters above based on good industry practice.

The 2023 Code should be read as consistent with IMO instruments. Where necessary, the 2023 Code should be amended so as not to be in conflict with IMO instruments, see Section 2.

The rest of Appendix 3 covers the following:

[1] Interpretation of the 2023 Diving Code based upon amendments to referenced IMO Instruments, see Section 2;

[2] Implementation of a two-part certification scheme;

[3] Specific guidance to the survey part of the Cod, see Section 4;

[4] Notes on the provision of alternative solutions to mandatory requirements within the 2023 Diving Code;

[5] Appendices:

[a] Certification example for existing system, see Appendix 1;

[b] Example Diving Unit Safety Certificates, see Appendix 2;

[c] Example of Record of Equipment, see Appendix 3.

Thank you for reading IMSML Website Article 54/2024

This is the last article for 2024. The author will be taking a short break as the semester is in full swing at the university. See you in the first week of 2025, when articles by the author will start uploading again. Thank you to IMSML.org for its continuing support.

Signing-off for today,

Dr Irwin Ooi Ui Joo, LL.B(Hons.)(Glamorgan); LL.M (Cardiff); Ph.D (Cardiff); CMILT

Professor of Maritime and Transport Law

Head of the Centre for Advocacy and Dispute Resolution

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Thursday, 24 October 2024

Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my