Seamen's Decree (English, uncontrolled version)

Chapter 1 (cancelled) On the officials of mustering

Art. 1 t/m 4
[Cancelled as of 01-05-1990]

Chapter 2 (cancelled) On the mustering

Art. 5 t/m 16
[Cancelled as of 01-05-1990]

Chapter 3 (cancelled)

Art. 17 t/m 29
[Cancelled as of 01-02-2002]

Chapter 4 (cancelled)

Art. 30 t/m 35a
[Cancelled as of 01-02-2002]

Chapter 5 On the food of the seamen

 

Art. 36 Obligation of the marine employer regarding the food

1. The marine employer is obliged to entrust that there is sufficient food on board before the beginning of the voyage and that this food is in good condition.
   
   
2. The marine employer is obliged to entrust that the food available on board during the voyage remains in good condition and, if necessary, is completed.

Art. 37 Food quantity and quality

1. When determining the type and quantity of food to be carried, the number of crew members, the duration of the voyage, the nature of the voyage and the facility to complete the stocks during the voyage shall be taken into account.
   
   
2. Sufficient variation in the daily food shall be taken care of.
   
   
3. The food shall be of sufficient quality and nutritional value.

Art. 37a (cancelled)

[Cancelled as of 01-02-2002]

Art. 37b Preparation of meals

1. All ships shall be equipped with sufficient cooking apparatus for the preparation of good meals. On ships having a length of 35 metres and over, these cooking apparatus shall be positioned in a separate galley.
   
   
2. The galley shall be of sufficient size. As regards the heating, lighting and ventilation of the galley, the provisions of the Articles 51, 52 and 53 of this Decree, as applicable, have to be complied with.
   
   
3. The galley shall be connected to the system of running cold and hot freshwater.
   
   
4. The galley shall be equipped with sufficient cooking utensils and the required closets, shelves and dish racks and stainless-steel sinks provided with adequate drainage facilities.
   
   
5. The galley shall be designed such that hot drinks can be prepared for the crew at any time.

Art. 38 Deviating provisions for fishing vessels

The obligations mentioned in the Articles 36, 37 and 37a do not apply for fishing vessels, unless the marine employer has explicitly taken care of the food in the employment contract.

Art. 39 Storage of food

1. During the voyage the food shall be stored in storage spaces appropriately separated from other spaces, which are positioned such and, if necessary, have been ventilated and cooled such that the food remains in good condition.
   
   
2. The storage spaces as referred to in the previous paragraph shall, before food is stored in them, be properly cleaned, while care shall be taken of their adequate cleaning during the voyage.

Art. 40 Obligation of marine employer and master as regards drinking water

Before the voyage starts, the marine employer, and during the voyage the master, is obliged to look after it that an adequate amount of drinking water is on board and that this water is of good quality.

Art. 41 Quantity of drinking-water

1. When determining whether the quantity of drinking water suffices, the number of persons on board, the number of travelling days and the facility for completion during the voyage, if necessary through distilling, shall be taken into account.
   
   
2. Irrespective of the competency of the master to ration the freshwater in emergencies, he can close the line of running freshwater, if the consumption is more than 30 litres per seaman per day.

Art. 42 Loading and storing of drinking water

1. The drinking water shall be stored in tanks which are suitable for that purpose, which shall be closed such that no foreign elements can enter the tanks.
   
   
2. Before the tanks are filled, they shall be clean internally.
   
   
3. Any time a tank is entered for examination, maintenance or otherwise, it shall, before it may be used, be filled with drinking water, in which 10 grams of free chlorine per ton shall be mixed. This water shall, after it has been in the tank for at least 2 hours, be pumped out, after which the tank may be filled.
   
   
4. During the loading of drinking water a stabilized hypochlorite shall be added per ton water in such a quantity, that at least 0.7 g free chlorine per ton is released, or an amount of stabilized hypoclorite as well as an amount of ammonium salt such, that at least 2.5 g monocloramine (NH₂Cl) per ton is formed. This adding shall take place in such a way, that a proper mixture is guaranteed. The Inspector-General of the Inspectorate for Transport, Public Works and Water Management may allow substances which are considered to be equivalent, which in certain amounts produce 0.7 g free chlorine per ton water.
   
   
5. When loading drinking water, it shall be taken care of as much as possible that the supply hose is kept free from the quay by means of bars or other suitable means. Before the water from the supply hose is led into a drinking-water tank, the water shall run through the hose at full supply pressure for at least one minute.

Art. 42a Requirements for drinking-water tanks

1. Drinking-water tanks may not be bounded by oil tanks or sewage tanks, but shall be separated from them by cofferdams. Pipelines, irrespective of their nature, which are not intended for the pumping out of drinking water, may not run through drinking-water tanks.
   
   
2. The construction of a drinking-water tank shall be such that, if possible, no residue remains in it when draining it.

Art. 42b Sounding of drinking-water tanks

1. Sounding rods or other instruments, which are used for measuring the remaining drinking water in tanks, shall always be cleaned before use. They shall be stored in a place where the risk of infection is the slightest. When using metal stainless-steel tapelines, which are stored in a box, in which a few formalin tablets are, separate cleaning is not necessary.
   
   
2. The master shall look after it that the person, entrusted with sounding, washes his hand immediately before he starts sounding.

Art. 42c Saltwater taps and freshwater taps

1. In galleys and pantries a notice ‘drinking water’ shall be provided at any drinking-water tap and ‘salt water’ at any saltwater tap.
   
   
2. After departure from a port the saltwater line, which is used for washing the kitchen utensils and cutlery, shall be flushed out outside the three-miles zone for some considerable time, before it may be used for washing purposes.

Art. 43 Supervision

1. The officials of the Shipping Division of the Inspectorate for Transport, Public Works and Water Management have been entrusted with the supervision over the observance of the provisions of or pursuant to the Articles 36 through 42.
   
   
2. By organizing unexpected inspections, the officials of the Shipping Division of the Inspectorate for Transport, Public Works and Water Management satisfy themselves that the requirements given in this chapter are observed properly. When they consider it necessary to take a sample from the food or from the drinking water, they call in expert assistance.
   
   
3. The officials of the Shipping Division of the Inspectorate for Transport, Public Works and Water Management are qualified to make recommendations as regards the observance of the requirements given in this chapter.
   
   
4. During the voyage the master or an officer to be appointed by him, accompanied by a responsible member of the civil service, organizes an inspection every month, which includes a check of the condition of the foodstuffs supplies and water and an inspection of all spaces and equipments used for the preparation and serving of meals, as well as of the galley and any other appliance. The results are reported in the logbook.
   
   
5. If a third part of the seamen or an organization which is a legal person with complete legal capacity of marine employers or mariners submits a complaint with the Inspector-General of the Inspectorate for Transport, Public Works and Water Management regarding the good quality or the quantity of the food and drinking supplies, he is obliged to start an investigation into the merits of the complaint. The complaint shall be submitted as soon as possible, and at least 24 hours before the scheduled time of departure.

    

Chapter 6 On the presence of spirits on board for crew use

Art.44 Maximum amount of spirits

1. No more than 0.1 litre of spirits for each crew member per travelling day may be carried on board for use by the crew.
   
   
2. For ships on a regular service, the number of travelling days is calculated according to the settled departure schedules. For all other ships, the number of travelling days is determined by or on behalf of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, provided that this number may never exceed 180 days.

Art.45 Definition of spirits

Spirits, as referred to in Article 44, means drink, which at a temperature of four degrees of the centesimal scale contains fifteen volume percent alcohol, with the exception of wine.

Chapter 7 On the accommodation of the seamen

§ 1 General provisions

Art.46 Definitions

In this Decree the following terms shall have the following meanings:

1. ‘quarters’: the day quarters and night quarters and all spaces for sanitary purposes, nursing and recreation, intended for use by the crew;
   
   
2. ‘passenger ship’: a ship for which a ‘passenger ship safety certificate’ has been issued, still valid on the moment of departure;
   
   
3. ‘ton’: register ton of l/0.353 cubic metre; where in this Decree the dimensions of a ship are expressed in this unit, it means the gross volume of the ship as determined according to the provisions pursuant to the Certificates of Tonnage Act 1948 (Stb. I 492); if the dimensions of a ship are determined in accordance with the Certificates of Tonnage Act 1981 (Stb. 122) and therefore is indicated as gross tonnage, this term has the same meaning as the term gross volume expressed in register ton;
   
   
4. ‘officers’: the seamen, to whom the muster list attributes the rank of officer;
   
   
5. ‘ratings’: all seamen who do not have the rank of officer;
   
   
6. ‘senior ratings’: those ratings who have been employed in a supervisory function or in a function with special responsibility and who are considered as such by the marine employer;
   
   
7. ‘adult’: a person who is at least 18 years old;
   
   
8. ‘at night’: the period between 23 hours and the time of sunrise the next day;
   
   
9. ‘existing ships’: ships, not being fishing vessels, the keel of which has been laid or the construction of which was in a similar stage of construction as before the date of entry into force of this Decree;
   
   
10. ‘fishing vessels’: all ships which in the performance of fisheries are used for catching fish or other living resources of the sea;
    
    
11. ‘length’: of a fishing vessel: the length measured from the front of the upper end of the stem to the aft end of the upper end of the stern. When there is no stern, the length has to be measured till the intersection of the front of the rudder stock (or the line in the produced part of that) with the upper deck;
    
    
12. ‘existing fishing vessels’: fishing vessels the keel of which has been laid before 12 May 1977;
    
    
13. ‘tug boat’: a ship, primarily intended for tugging or salvage of vessels, and by which mostly no other persons or goods are carried than those which belong to the own crew and equipment, or to those of the object being tugged, to be tugged or to be salvaged, or are necessary for the salvage operation.
    
    
14. ‘contractor’s material’: a ship solely intended for the performance of contract activities; among others dredging activities, sinking by driving of poles, injection of jackets and laying pipe lines are considered as such.
    

Art.47 Withdrawal from its purpose

Without permission of all seaman directly involved, as long as the ship is in service, no part of the day quarters and night quarters may be withdrawn from its purpose. Only in cases of force majeure one may, at the discretion of the master, deviate from this. This withdrawal together with the reasons is mentioned by him in the logbook.

§ 2 Provisions regarding ships, not being fishing vessels

Art.48 Position and general design of the quarters

1. All quarters shall be positioned in the midship or in the aft ship.
   
   
2. In special cases, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, if the position prescribed in the first paragraph in connection with the size, the type, the navigation of the intended service of the ship, is considered to be not desirable or practical, may allow that quarters in the front of the ship are located behind the collision bulkhead.
   
   
3. Except on ships of less than 200 tonnes, separate day quarters and night quarters shall be available.
   
   
4. Separate day quarters and night quarters for officers shall be arranged for.
   
   
5. Night quarters shall be located such that the floor lies above the summer load line. The Inspector-General of the Inspectorate for Transport, Public Works and Water Management may allow that on board of passenger ships, tug boats and contractor’s material and ships of less than 500 tonnes, the floor of night quarters is located under that load line, provided that measures have been taken for sufficient lighting and ventilation; these quarters may not be located under service corridors then.
   
   
6. On all ships, the noise level in the quarters has to be determined in accordance with a method to be established by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management and the results thereof have to be presented to him.
   
   
7. In the night quarters and recreation areas there has to be a connection to the master antenna television system.
   
   
8. For tug boats and contractor’s material, as well as for other ships of less than 500 tonnes, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may grant exemption from the requirements given in the third and fourth paragraphs of this Article.

Art.49 General requirements day quarters and night quarters

1. The hatches, doors, covers in or over the day quarters and night quarters, leading to the open air, shall be provided with a weir and shall be capable of being closed such that no rain or flooding sea water can enter. The location and the number of accesses to the day quarters and night quarters shall be chosen such, that safety has been adequately guaranteed. The design of the accesses to these quarters shall be such, that these accesses can always be opened readily and fast at both sides and that they provide sufficient room for passage.
   
   
2. The decks, which close the day quarters and night quarters at the upper side and the under side, and the bulkheads, which separate these quarters from the open air, shall be watertight.
   
   
3. A timber floor deck shall be properly caulked and pitched. A steel floor deck shall be covered with timber or other material, which conducts heat poorly and is of sufficient thickness. If the floors have been made of composed material, the connections to the walls shall be rounded to the upper side. The Inspector-General of the Inspectorate for Transport, Public Works and Water Management
   may grant exemption from the obligation to apply the cover of a steel floor deck required in this paragraph for ships, which are solely used for voyages in the tropics or in other areas with climate conditions which are similar in his opinion.
   
   
4. When the steel upper deck of a day quarter and a night quarter has been exposed to the open air or to the influence of any heat source on board, it shall be lined at the upper side with timber having a thickness of at least 5 centimetres or with other adequate and equivalent insulation material, or a lining with a similar isolating power shall be provided at the under side. A ceiling which has also been installed, fitted against the deck beams, shall be entirely or partly removable.
   
   
5. The spaces, which serve as night quarters, shall be separated from all other spaces, which not only have been assigned as quarters, by means of properly closing bulkheads. When the design of the ship requires so, one or more doors may be fitted in those bulkheads. The night quarters may not give direct access to the other spaces mentioned in Article 46, sub a, neither to the galley or the bakery. This requirement is not applicable to the spaces for the water closets, washbasins, bathtubs and showers, which are mentioned in Article 58, fourth, fifth and sixth paragraphs. The bulkheads as referred to in this paragraph shall be efficiently made
   of steel or other appropriate material and they shall be as good as possible watertight and gastight.
   
   
6. The external walls of the day quarters and night quarters shall be made of steel or other appropriate material and shall be sufficiently insulated. A bulkhead of a machinery space trunk, of galleys and other spaces in which heat is developed, shall be covered, if necessary, with an insulating layer, so there is no heat radiation to the adjacent quarters or corridors to those quarters.
   
   
7. Bulkheads in the day quarters and night quarters shall be made of appropriate material, in which the nestling of vermin is unlikely.
   
   
8. Day quarters and night quarters, sick bays and recreation areas shall be insulated such that excessive condensation or a too high temperature is prevented.
   
   
9. The height between the decks of all quarters has to be such that the crew is able to move freely in it. Measured from the underside of the deck beams which run through the quarter, or from the underside of the ceiling till the upper side of the floor covering, this height has to be at least 2.00 metres. When this causes no reduction in the comfort of the crew in the opinion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, he may allow a lesser height, but only to 1.90 meters.
   
   
10. Main steam lines and discharge lines of winches and other auxiliaries shall be kept outside the day quarters and night quarters and if possible outside the corridors to these quarters. If pipes, others than as referred to in the previous sentence, run through a day quarter or a night quarter or through a corridor to such a quarter, these have to be insulated adequately, if necessary. Flange joints of pipes may only be fitted very exceptionally in a day quarter or a night quarter. Air pipes and overflow pipes of tanks may not lead to a day quarter or a night quarter or to a corridor to such a quarter.
    
    
11. Anchor chains may not run through a day quarter or a night quarter, unless they have been protected by heavy steel trunks.
    
    
12. Spaces, used for the housing of cattle or poultry may not be located on the same deck as the day quarters or night quarters, unless at a distance of at least 5 metres from the doors to those quarters. This requirement is not applicable if these quarters are separated entirely from those spaces by continuous watertight or gastight bulkheads.
    
    
13. In the day quarters and night quarters the shell and end bulkheads of the superstructure shall be lined with wood or shall be similarly provided with lining of other adequate material. When the space between wall and inner planking has not been made inaccessible for rats, it shall be made accessible at a number of locations for survey and cleaning. The lining of these quarters shall be made of material, the surface of which can easily be cleaned and which provides guarantees that vermin cannot easily nestle into it.
    
    
14. The walls and ceilings of day quarters and night quarters shall be capable of being kept clean easily and shall in general be painted in a light colour. The use of whitewash is not allowed. When panelling with a precious type of wood has been applied, a tooling which is suitable for that type of wood may suffice.
    
    
15. Sufficient means shall be available for the drainage of water from the day quarters and night quarters.

Art.50 General requirements regarding the spaces as referred to in Article 46, sub a

The provisions of Article 49 are equally binding to the other spaces as referred to in Article 46, sub a, provided that the lining and the insulation of walls only has to be fitted there where this is considered to be necessary by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.

Art.51 Air conditioning system

1. All crew accommodation on ships of 200 tonnes and over have to be connected to an air conditioning system. This requirement is not applicable to ships which are only used for voyages in areas where such a system because of climatic conditions is not necessary in the opinion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.
   
   
2. A radio room and a central control room in the engine room shall also be connected to the system mentioned in the first paragraph, or to a separate air conditioning system.
   
   
3. The air conditioning system has to be designed such that relative to the open air there is always a convenient temperature and relative humidity maintained and that a sufficient number of air changes is accomplished. The system has to be adapted to the conditions which may be encountered at sea and it may cause no disturbing noise or vibrations. For the rest, the air conditioning system has to comply with the requirements to be given by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.

Art.52 Heating and ventilation

1. On ships, which under Article 51, first paragraph, need not be equipped with an air conditioning system, the provisions mentioned in the next paragraphs have to be made in order to provide heating and ventilation of the accommodation. The ninth paragraph of this Article is also applicable to ships which have been provided with an air conditioning system.
   
   
2. The quarters shall be connected to an efficient heating system which shall be located outside the quarters and which has been adapted to the climatic conditions. The heating has to take place by supply of steam, hot water, warm air, or another suitable means, or by means of electricity. The heating system and the location and manner of positioning of it have to comply with the requirements to be given by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management. Radiators in the quarters have to be positioned adequately and, where necessary, they have to be screened.
   
   
3. The second paragraph is not applicable to ships which are solely used for voyages in the tropics and in other areas with climatic conditions which are comparable in the opinion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.
   
   
4. The heating system always has to be in use as long as crew members are living or working on board and the circumstances require so. The heating system has to have such a capacity that in normal weather conditions which may be encountered during the voyage the temperature in all quarters can always be kept at at least 20° C.
   
   
5. All quarters shall, at the discretion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, be capable of adequate ventilation and such that the air remains in a satisfactory condition without causing
   unpleasant draught.
   
   
6. Ships which are regularly used for voyages in the tropics or in other areas with climatic conditions which are comparable in the opinion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, have to be equipped with mechanical means of ventilation and with electrically driven fans, provided that only one of these means needs to be fitted in spaces where this guarantees adequate ventilation.
   
   
7. Ships which are solely used for voyages in areas outside those mentioned in the sixth paragraph, have to be equipped with mechanical means of ventilation or electrically driven fans. For ships which are solely used for voyages in cold areas, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may grant exemption from this requirement.
   
   
8. The power needed to drive the means of ventilation as referred to in the sixth and seventh paragraphs, shall, when this is practically feasible, be available as long as the crew members are living or working on board and the circumstances require so.
   
   
9. All water closets shall ventilate independent of any other part of the quarters to the open air.
   

Art.53 Lighting

1. All quarters have to be lighted properly, all this at the discretion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.
   
   
2. Daylight has to have sufficient access to the day quarters and night quarters. The Inspector-General of the Inspectorate for Transport, Public Works and Water Management can make special arrangements for passenger ships, tug boats and contractor’s material.
   
   
3. All quarters have to be provided with electric light. When two independent electricity sources for lighting are not available, another efficient lighting device shall be fitted for emergencies.
   
   
4. In the night quarters an electric reading lamp shall be fitted at the head of each sleeping-place.

Art.54 Night quarters

1. On board of ships, not being passenger ships, any adult member of the crew has to dispose of his own night quarter. When the size and the design of the ship and the activities for which it is used do not allow so, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management can grant exemption from this requirement.
   
   
2. 
   
   1. For the chief mate, the first engineer officer and the other officers, stewards, as well as for navigating officers, engineer officers and radio officers which act as chief of the sea watch and, moreover, for the chief radio officer on ships with more than three radio officers, a cabin shall be available as night quarter for each separately
      
      
   2. The other officers also have to dispose of a separate nigh quarter. If no circumstances occur as referred to in Article 65, second paragraph, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management can nevertheless grant exemption from this requirement, provided that not more than two officers may be accommodated in one quarter.
      
      
   3. In a cabin intended as night quarter of senior ratings, not more than two persons may be accommodated.
      
      
   4. Of the other seamen, not more than two seamen may use the same night quarter, except for on board of passenger ships, where the maximally allowed number of seamen in one night quarter is four.
      
      
3. For night quarters on board of sailing ships, ships of less than 400 tonnes, tug boats and contractor’s material and for night quarters of factory personnel on ships, intended for whaling, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may allow deviation from the requirements given in the previous paragraph.
   
   
4. On board of ships of 3000 tonnes and over, the chief mate and the first engineer officer have to dispose of a day quarter adjacent to the night quarter.
   
   
5. On board of ships of 500 tonnes and over, the night quarters for the members of the deck personnel, the engine room personnel and the personnel of the civil service shall be separated per category, all this at the discretion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.
   
   
6. Accommodation of the crew shall take place such that the guards have been separated and that free guard guests (day labourers) share no night quarter with guards on duty. When the size and the design of the ship and the activities for which it is used do not allow so, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may grant exemption from this requirement.
   
   
7. On any night quarter the number of seaman for which it is intended shall be stated clearly.
   

Art.55 Night quarters and sleeping-places requirements

1. All night quarters shall be finished and equipped such, that tidiness is encouraged and that reasonable comfort for its inhabitants is guaranteed.
   
   
2. The floor area in night quarters intended for ratings, equipped for one person, shall be at least:
   
   
   1. on ships, not being passenger ships:
      
      
      

      (i) of less than 500 tonnes:	3.00 square metres
      (ii) of 500 tonnes and over, but less than 1000 tonnes:	3.25 square metres
      (iii) of 1000 tonnes and over, but less than 3000 tonnes:	3.75 square metres
      (iv) of 3000 tonnes and over, but less than 10 000 tonnes:	4.25 square metres
      (v) of 10 000 tonnes and over:	4.75 square metres

      
      
   2. on passenger ships:
      
      

      (i) of less than 1000 tonnes:	3.00 square metres
      (ii) of 1000 tonnes and over, but less than 3000 tonnes:	3.25 square metres
      (iii) of 3000 tonnes and over:	3.75 square metres

      
      
      
3. The floor area in night quarters intended for ratings, equipped for more than one person, shall be per person at least:
   
   
   1. on ships, not being passenger ships:
      
      

      (i) of less than 500 tonnes:	2.00 square metres
      (ii) of 500 tonnes and over, but less than 1000 tonnes:	2.25 square metres
      (iii) of 1000 tonnes and over, but less than 3000 tonnes:	2.75 square metres
      (iv) of 3000 tonnes and over, but less than 10 000 tonnes:	3.25 square metres
      (v) of 10 000 tonnes and over:	3.75 square metres

      
      
      

      (i) of less than 1000 tonnes:	3.00 square metres
      (ii) of 1000 tonnes and over, but less than 3000 tonnes:	3.25 square metres
      (iii) of 3000 tonnes and over:	3.75 square metres

      
      
   2. on passenger ships:
      
      

      (i) of less than 1000 tonnes:	2.00 square metres
      (ii) of 1000 tonnes and over, but less than 3000 tonnes:	2.35 square metres
      (iii) of 3000 tonnes and over:	3.00 square metres

      
      
      
4. The floor area in night quarters intended for officers which do not dispose of their own day quarter, shall be per person at least on ships of:
   
   

   a. less than 500 tonnes:	4.0 square metres
   b. 500 tonnes and over, but less than 1000 tonnes:	5.0 square metres
   c. 1000 tonnes and over, but less than 3000 tonnes:	6.5 square metres
   d. 3000 tonnes and over:	7.5 square metres

   
   
   
5. The floor area is measured between the walls of the quarter. Small or irregularly shaped surfaces, which do not actually enlarge the available space and cannot serve for placing of furniture, are not measured. Bathrooms attached to the quarter are ignored when calculating the floor area.
   
   
6. With the exception of sleeping-places, in any night quarter there has to be a wardrobe for any occupant with a height of at least 1.75 metres and with a cross-section of at least 0.2 metre. The wardrobe shall be provided with a shelf and with a rail on which clothing on clothes hangers can be hanged as well as with a lock or with clips for a padlock. There also shall be for any occupant a drawer or a similar space with a volume of at least 60 cubic decimetres. This space may be part of the wardrobe.
   
   
7. In a night quarter a table or desk has to be available with a comfortable seating. Furthermore, a night quarter has to be provided with a mirror, cupboards for toilet articles, a bookshelf and a sufficient number of clothes hangers. Curtains or Venetian blinds have to be fitted in front of the sidescuttles.
   
   
8. The furniture has to be made of smooth, hard material which does not warp or get rusty and in which vermin cannot nestle.
   
   
9. Without prejudice to the provisions in the sixth and seventh paragraphs, a night quarter for officers also has to be provided with a washbasin with hot and cold running freshwater, which has been connected to a drain; the washbasin may also be in a bathroom attached to the quarter.
   
   
10. For each seaman there shall be a separate sleeping-place available.
    
    
11. Sleeping-places shall be appropriately separated from each other and shall each be separately accessible. Not more than two sleeping-places may be fitted on top of each other. On ships of 500 tonnes and over, there may be no sleeping-places on top of each other alongside the plating at the location of the sidescuttles.
    
    
12. The bottom of the lower sleeping-place shall be at least 30 centimetres above the floor; the distance between the bottom of the lower sleeping-place and the bottom of the upper sleeping-place and the distance between the bottom of the upper sleeping-place and the bottom of the ceiling have to be at least 75 centimetres. At the bottom of the upper sleeping-place a dustproof bottom of wood, canvas or other suitable material has to be fitted.
    
    
13. The internal dimensions of the sleeping-places shall be at least 2.00 metres in length and 80 centimetres in breadth.
    
    
14. The sleeping-places shall be made of wood, or of durable hard material, which does not easily rust. The construction shall be such, that no vermin is able to nestle in it and that the sleeping-place can be readily cleaned. If sleeping-places have been composed from tubes, these tubes may have no openings, which might give access to vermin. Wooden berth boards shall be removable. Any sleeping-place shall be provided with a fixed or loose laid mattress of steel wire or with another mattress protector of equivalent construction, as well as with an upper mattress of effective material. When an interior-sprung mattress or a foam rubber mattress is used, a mattress protector can be cancelled.
    
    
15. Under the opening of an air shaft there may be no sleeping-place.
    

Art.56 Day quarters

1. On board of ships of 200 tonnes and over there shall be sufficient day quarters, separated from the night quarters and as close as possible to the galley.
   
   
2. There has to be a separate day quarter:
   
   
   1. on board of ships of 400 tonnes and over, but less than 1000 tonnes:
      
      
      1. for the master and the officers;
         
         
      2. for the ratings.
         
         
   2. on board of ships of 1000 tonnes and over:
      
      
      1. for the master and the officers;
         
         
      2. for the ratings of the deck personnel;
         
         
      3. for the ratings of the engine room personnel.
         
         The provisions sub 2° and 3° may be replaced by ‘senior ratings’ respectively ‘other ratings’.
         
         
3. Contrary to the provisions in the second paragraph, sub b, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may permit that one joint day quarter is furnished for the ratings when organizations of marine employers and seafarers, which can be considered to be representative, give preference to that.
   
   
4. For the personnel of the civil service either a separate day quarter has to be furnished, or proper facilities have to be given for consumption of meals in one of the day quarters.
   
   
5. The dimensions and design, the number of tables and sofas or chairs, fixed or removable, of each day quarter shall be sufficient for the greatest number of persons which could use the quarter at the same time.
   
   
6. The floor area of the day quarters for officers and ratings may not be less than 1 square metre per seat.
   
   
7. When special circumstances require so, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may allow deviation from the provisions in the second, fourth, fifth and sixth paragraphs for passenger ships.
   
   
8. The crew member have to dispose at all times of:
   
   
   1. a refrigerator, which shall be at a readily accessible location, and which is big enough, in view of the number of persons that uses the day quarter or the day quarters;
      
      
   2. facilities for the provision of warm drinks; and
      
      
   3. facilities for the provision of cooled water.
      
      
9. When pantries are not directly connected to the day quarters, sufficient cupboard space has to be provided for storing cutlery as well as a suitable device for its cleaning.
   
   
10. The tops of tables, sofas and chairs shall be made of moistureproof material, without cracks and easy to be kept clean.

Art.57 Recreation areas

1. On board of all ships one or more parts of the open deck shall be accessible for the seamen, when they are off duty.
   
   
2. On board of ships of 500 tonnes and over, there have to be recreation areas for the officers and the ratings, located at a suitable position and appropriately furnished.
   
   When except for the day quarters has not been provided in separate recreation areas, these day quarters have to be designed, furnished and equipped such that they can serve as recreation area.
   
   
3. In the recreation areas there has to be at least a bookcase, as well as facilities for reading and writing and if possible for party games.
   
   
4. On ships of 8000 tonnes and over there has to be a smoking room or a library, where pictures can be presented and one can watch television. There also has to be provided in a space where one can tinker or can play party games. There has to be a swimming pool unless, in the opinion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, the design of the ship offers insufficient possibilities for it.

Art.58 Bathtubs, showers, washbasins and water closets

1. On board of ships there have to be sanitary facilities for officers and ratings at a convenient location, consisting of at least a water closet, a bathtub and/or shower and a washbasin with hot and cold running freshwater for any 6 persons or less, who do not dispose of the sanitary facilities as referred to in the fourth, fifth and sixth paragraphs of this Article, provided that on a ship of:
   
   
   1. 400 to 500 tonnes at least 2, 500 to 800 tonnes at least 3, 800 to 3000 tonnes at least 4, and of 3000 tonnes and over at least 6 are available.
      
      
   2. When calculating the number of facilities, in case of more than 6 seamen or a multiple of 6 seamen, a number of 2 seamen or less is neglected. Female seafarers shall have the disposition of separate sanitary facilities.
      
      
2. The availability of the water closets has to be distributed evenly over the groups of officers and ratings.
   
   
3. On board of ships of 500 tonnes and over water closets for the benefit of officers shall be available in the vicinity of their night quarters.
   
   
4. On ships of 5000 tonnes and over, but less than 15 000 tonnes, at least five single night quarters for officers shall have their own bathroom attached to it, which has been provided with a water closet, a bathtub and/or shower and a washbasin with hot and cold running freshwater; the washbasin may be located in the night quarter. Moreover, on ships of 10 000 tonnes and over, but less than 15 000 tonnes, the night quarters of all other officers shall be provided with an own bathroom attached to it, or a bathroom which has been equipped similarly and has been located in an area between two night quarters and which is directly accessible from these night quarters.
   
   
5. On board of ships of 15 000 tonnes and over the single night quarters for the officers have to be provided with an own bathroom attached to it, provided with a water closet, a bathtub and/or shower and a washbasin with hot and cold running freshwater; the washbasin may be located in the night quarter.
   
   
6. On board of ships of 25 000 tonnes and over, with the exception of passenger ships, per two ratings there has to be a bathroom in an area between two adjacent night quarters and to be reached from there directly, or a bathroom located opposite of these quarters. These bathrooms have to be provided with a water closet, a bathtub and/or shower and a washbasin with hot and cold running freshwater.
   
   
7. On board of ships of 5000 tonnes and over, with the exception of passenger ships, any night quarter for ratings has to be provided with a washbasin with hot and cold running freshwater which has been connected to a drain, except when there is a washbasin available in a bathroom which has been furnished in accordance with the sixth paragraph.
   
   
8. On board of ships of 1600 tonnes and over, with the exception of ships on which the complete engine room personnel has the disposition of its own night quarter and a bathroom per one or two night quarters, there have to be dressing rooms, which
   
   
   1. have been located outside the engine room, but readily accessible from the engine room. These rooms shall be capable of being reached by the engine room personnel from the engine room without coming into the open air;
      
      
   2. have been provided with a wardrobe for any member of the personnel as well as with bathtubs and/or showers and washbasins with hot and cold running freshwater.
      
      
9. On board of ships of 1600 tonnes and over has to be provided in:
   
   
   1. a separate toilet area, containing a water closet and a washbasin with hot and cold running freshwater, which is readily accessible from the navigation bridge deck and intended for those persons who perform their duties there;
      
      
   2. a water closet and a washbasin with hot and cold running freshwater, readily accessible from the engine room, when these facilities have not been fitted in the near vicinity of the central control room in the engine room.
      
      
10. On ships where the number of seamen is higher than 100, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may allow a reduction in the number of washbasins, bathtubs and showers.
    
    
11. The water closets mentioned in this Article on board of ships of 500 tonnes and over are solely intended for use by seamen. These water closets are not counted for the number which under the Stevedores Act shall be available on board for dockers.
    
    

Art.59 Sanitary facilities requirements

The sanitary spaces and facilities, as referred to in Article 58, except for the spaces connected to cabins, shall comply with the following requirements:

1. The floor shall be of good, endurable and easily cleanable material, which is impenetrable for moisture; bulkheads shall be made of steel or other good material, which is watertight to at least 23 centimetres above the floor.
   
   
2. Water closets shall be sufficiently separated from each other and shall be readily accessible. Water closets may neither be directly connected to the night quarters, nor to the a dead-end corridor between the night quarters and the water closets, provided that this does not apply to a water closet between two night quarters, which together are intended for not more than 4 persons.
   
   
3. Water closets shall be provided with a large drain and shall each on their own be capable of being flushed by means of a fixed device, so not to give off any stench. The water closets shall be of such a model and the drain shall be arranged such that the chance of stoppage is as small as possible and that cleaning is simplified.
   
   
4. Washbasins and bathtubs shall have adequate dimensions and shall be made of good material, with a smooth surface, not liable to cracks, chipping or rusting.
   
   
5. The floor of a space, in which a water closet or a wash facility has been placed, shall be provided with an appropriate drain.
   

Art.60 Washing and drying of clothes, storing of oilskins

1. There has to be sufficient opportunity for washing, drying and ironing of clothes, to an extent which is in accordance with the number of crew members and the normal duration of the voyage. These facilities have to be fitted at a location which can easily be reached from the cabins.
   
   
2. The facilities, as referred to in the first paragraph, have to consist of:
   
   
   1. washing machines;
      
      
   2. driers or well heated and ventilated drying rooms;
      
      
   3. irons and iron boards or equivalent provisions.
      
      
3. On ships of less than 250 tonnes may be deviated from the provisions in the first and second paragraphs, provided that other arrangements are made, which are satisfactory in the opinion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.
   
   
4. Outside, but close to the night quarters, there has to be sufficient, adequately ventilated, storage room to hang oilskins, wet and dirty clothing. The Inspector-General of the Inspectorate for Transport, Public Works and Water Management may allow that these clothes on ships of less than 400 tonnes are stored in a well closing cupboard in the night quarter, provided that this cupboard ventilates to a space outside the quarter.
   

Art.61 Sick bay and sick berth

1. On board of each ship with a crew of 15 seamen or more, which undertakes a voyage during which it stays at sea for more than 3 days, there has to be a separate sick bay.
   
   This provision does not apply to tug boats and contractor’s material.
   
   
2. The sick bay shall be located efficiently, and shall be readily accessible.
   
   
3. The sick bay shall have such dimensions, that nursing can take place appropriately and that the patients are comfortably accommodated. The patients shall be capable of being brought in and out of the quarters easily. The lighting, ventilation and heating shall comply with the requirements for the quarters as referred to in the Articles 48 through 53.
   
   
4. The sick bay shall be provided with sufficient wash facilities with accessories and drainage of waste water. The wash facility has to be provided with hot and cold running freshwater.
   
   
   
5. When the number of crew members, living in cabins for more than one person, is less then 30, the sick bay shall be provided with one sleeping-place. When that number is 30 or over, then the sick bay has to be provided with two sleeping-places, or so much more as is determined in connection with the conditions of the voyage by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management. When there is no sick bay for passengers, the passengers may be admitted in the sick bay and the requirements of this paragraph apply to the seamen and passengers jointly.
   
   
6. The sleeping-places may not be located on top of each other. Their design shall at least comply with the requirements as referred to in the eleventh paragraph and as referred to in Article 55, tenth through fifteenth paragraphs.
   
   
7. In or in the close proximity of the sick bay there shall be, exclusively for use by patients, a water closet and a bathroom attached to it. These spaces shall be separated from the sick bay.
   
   
8. When a doctor is among the crew, an area near the sick bay shall be equipped as pharmacy and dressing room, which shall be separated from the sick bay.
   
   
9. The sick bay may not be used for other purposes than nursing or treatment of sick and injured persons.
   
   
10. On board of all ships which under the first paragraph do not need to be provided with a sick bay, one single night quarter shall be capable of being made available for one sick or injured person, in which the sleeping-place has been equipped as sick berth. When the number of seamen is less than 6, then a sleeping-place in a night quarter equipped as sick berth suffices.
    
    
11. The sick berth shall be equipped such, that the sick person can easily be brought into it and out of it on a mattress, for which purpose the bulkheads shall be removable, if necessary.
    
    
12. When someone suffers from a serious or infectious disease, every effort will be made to nurse the sick person apart from all others.

Art.62 Miscellaneous

1. Ships, which are regularly used for voyages in the tropics or in other areas with climatic conditions which are comparable in the opinion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management shall be equipped with tents over the decks exposed to the sun on top of the quarters and over the deck areas intended for recreation.
   
   
2. On board of ships, which have not been provided with an air conditioning system and which regularly call in at ports, where malaria occurs or can occur, the day quarters, night quarters and sick bays shall be protected against the entering of mosquitoes by fitting screens in front of sidescuttles and air trunks, as well as in front of doors, giving access to the open deck.
   
   
3. On board of ships of more than 3000 tonnes, a separate area shall be available as an office for the deck service as well as for the engine-room service

Art.63 Cleanness of the quarters

1. The quarters shall be clean when a ship is put into service for the first time or again.
   
   
2. The quarters shall be kept clean and in a habitable condition.
   
   
3. At least once a week an inspection of all quarters is done by the master or an officer appointed by him, during which he is accompanied by one or more members of the crew. His findings are reported in the logbook.

Art.64 Duties of the master

When during the voyage defects are caused to the facilities as described in this chapter, the master has to let them repair as soon as possible.

Art.65 Exemptions

1. Except for the second paragraph, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, after consultation of the organizations of marine employers and seafarers which can be considered to be representative, either in an incidental case, or in general, may grant exemption from the Articles 48 through 62, under the conditions or restrictions to be given by him, if necessary.
   
   
2. For ships, on board of which because of the composition of the crew the interests of crew members which have different habits of religious and social nature shall be taken into account, after consultation of the organizations of marine employers and seafarers which can be considered to be representative, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may grant exemption from the Articles 54, first paragraph and second paragraph, sub d, 55, second and third paragraphs, and 58, first and sixth paragraphs, under the conditions or restrictions to be given by him, if necessary, provided that the organizations as referred to above have agreed upon this.

Art.66 Exclusion existing ships

Except for Article 67, first paragraph, the provisions in the Articles 48 through 62 are not applicable to existing ships. On existing ships the Articles 46 through 64 of the Royal Decree of 15 May 1937, Stb. 242, as amended by Royal Decree of 5 June 1975, Stb. 327, remain applicable.

Art.67 Special arrangements for existing ships

1. The Inspector-General of the Inspectorate for Transport, Public Works and Water Management may, after consultation of the organizations of marine employers and seafarers which can be considered to be representative, for an existing ship, that:
   
   
   1. either obtains the Dutch nationality;
      
      
   2. or is subjected to radical changes in the construction or major repairs according to a previously designed plan, however, no due to an accident or disaster;
      
      
   3. or is under construction on the date of coming into force of this Decree;
      
      determine that it shall entirely or partly comply with the provisions in the Articles 48 through 62. The Inspector-General of the Inspectorate for Transport, Public Works and Water Management may prescribe then that the arrangements to be made have to be fitted within a certain period.
      
      
2. Arrangements as referred to in the previous paragraph are only prescribed insofar as these are reasonable and feasible; account is taken of the technical, economical and other problems connected therewith which result from the performance of the prescribed arrangements.
   
   
3. An order as referred to in the first paragraph is given in writing and reasoned.

§ 3 Provisions as regards fishing vessels

Art.68 Location and general design of the quarters

All quarters have to be located in the midship or in the aft ship. The Inspector-General of the Inspectorate for Transport, Public Works and Water Management may, in special cases, when the size, the type or the planned voyage of the ship makes this location unreasonable or not feasible, allow that the quarters in the forward bulwark are located behind the collision bulkhead.

• Sufficient day quarters shall be available, separated from the night quarters and located as close as possible to the galley. If on ships having a length of less than 24 metres a separate day quarter is not possible, a combined day quarter and night quarter may suffice.
  
  
• On ships having a length of 60 metres and over there shall be separate day quarters for the master and officers as well as for the ratings.

Art.69 General requirements day quarters and night quarters

1. The location, the accesses, the construction and the design of the day quarters and night quarters relative to other spaces have to be such that the safety, the weather protection and protection from incoming seawater and the insulation against heat and cold, excessive noise or against evaporation from other spaces, have been sufficiently guaranteed.
   
   
2. The design of the accesses to the day quarters and night quarters shall be such that these accesses always can be readily and quickly opened at both sides and provide sufficient passage.
   
   
3. When the Inspector-General of the Inspectorate for Transport, Public Works and Water Management considers it necessary, day quarters and night quarters have to be provided with emergency exits at locations which are effective in his opinion.
   
   
4. The material and the construction of the decks in all day quarters and night quarters shall be approved by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management. The surface of these decks has to be impenetrable for moisture and easy to be kept clean.
   
   
5. When the floors have been made of composed material, the connections to the walls have to be rounded off upwards to avoid cracks or joints.
   
   
6. When the steel upper deck of day quarters and night quarters is exposed to the open air or to the influence of any heat source on board, it shall be lined at the upper side with wood having a thickness of at least 5 centimetres or with other proper and equivalent insulation material, or a lining with the same insulation power has to be fitted at the bottom. In any day quarter and night quarter a ceiling has to be fitted close against the deck beams, which is entirely or partly removable.
   
   
7. Night quarters may give no direct access to fish-holds, depots for fish meal, spaces in which the machinery has been positioned, galleys, lamp cabins, paint rooms, storages, drying chambers, communal lavatories and toilets. That part of the bulkhead which separates the above-mentioned spaces from the night quarters, as well as the outside bulkheads of the night quarters, have to be constructed efficiently of steel or other approved material. The bulkheads mentioned shall be watertight and gastight.
   
   
8. Outer bulkheads of day quarters and night quarters have to be insulated effectively. Bulkheads of an engine room trunk, of a galley and of another space in which heat is developed, have to be insulated efficiently so that there is no heat radiation to adjacent quarters or corridors of the quarters. It also has to be ensured that there is protection against heat radiation of steam and/or hot water lines.
   
   
9. Bulkheads in day quarters and night quarters shall be made of approved material in which vermin is not capable of nesting.
   
   
10. Day quarters and night quarters and corridors in the quarters have to be insulated efficiently in order to prevent condensation and too high temperatures.
    
    
11. The height of the day quarters and night quarters between the decks, measured from the bottom of the ceiling to the upper side of the floor covering shall be at least 2.0 metres on all locations where the crew must be able to move freely.
    
    
12. Main steam lines and drain lines of winches and other auxiliaries have to be kept outside the day quarters and night quarters and if possible outside the corridors to these quarters. Where these lines still have been led through the corridors, they have to be provided with an efficient insulation and encasing.
    
    Flange couplings of pipes may only in exceptional cases be provided in a day quarter or night quarter. Air pipes and overflow pipes of tanks may not end in a day quarter or night quarter or in a corridor to such a quarter.
    
    
13. Anchor chains may not run through a day quarter or night quarter, unless protected by heavy cases.
    
    
14. In the day quarters and night quarters the shell and the boundary bulkheads of the superstructure shall be panelled with wood or shall be similarly provided with a lining of other appropriate material. The panelling has to be made of material the surface of which can easily be kept clean and in which vermin cannot nestle.
    
    
15. The walls and ceilings of day quarters and night quarters have to be capable of being kept clean easily. When they have been painted, this has to be in a light colour. Whitewash may not be used.
    
    
16. Sufficient means shall be available for the drainage of water from the day quarters and night quarters.
    
    
17. All possible has to be done to protect the day quarters and night quarters from the entrance of flies and other insects.
    

Art.70 General requirements regarding spaces as referred to in Article 46, first paragraph

The provisions of Article 69 are equally binding to the other spaces as referred to in Article 46, first paragraph, provided that the lining and the insulation of walls only needs to be fitted where this is considered to be necessary by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.

Art.71 Heating

1. All quarters shall be connected to an efficient heating device which shall be positioned outside the quarters en which has been adapted to the climatological conditions. The heating has to take place by supply of steam, hot water, warm air or electricity. The heating device and the location and manner of positioning of it have to comply with the requirements made by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.
   
   
2. The heating system always has to be in use as long as the crew lives or works on board and the circumstances require so.
   
   
3. Radiators in quarters have to be positioned efficiently and where necessary they have to be screened.
   
   
4. The heating device has to have such a capacity that under normal weather conditions which can be encountered during the voyage always a temperature of at least 20°C can be maintained in all quarters.

Art.72 Lighting

1. During the daytime a quarter shall get light from skylights or efficient deck lights of adequate size, side scuttles or windows, such that it is possible for a person with normal visual acuity to read normal printed matter again with clear weather at the locations of the quarter which qualify for that. If in the opinion of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management a sufficient natural lighting is not possible due to the location of the quarter, the artificial lighting as referred to in the second and third paragraphs may suffice.
   
   
2. All quarters shall be capable of being lighted electrically. When there are not two independent sources of electricity, an electric emergency lighting shall also be fitted.
   
   
3. The electric lighting shall be fitted such and shall be of such strength, that the users of the quarter have optimal benefit from it.
   
   
4. Apart from the normal lighting of the night quarter, an efficient electric reading lamp shall be fitted at the head of any sleepingplace. A blue lamp also has to burn in this quarter all night.

Art.73 Ventilation

1. All quarters shall be capable of efficient ventilation to the satisfaction of the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, such that the air remains in a satisfactory condition and sufficient discharge of bad air and supply of fresh air are guaranteed under all weather conditions, without causing unpleasant draught.
   
   
2. Ships which are regularly used for voyages in the tropics or in other areas with comparable climatological conditions, have to be equipped with mechanical ventilation devices and with electrically driven fans, provided that only one of these devices needs to be fitted in spaces where this guarantees adequate ventilation.
   
   
3. Ships used on voyages in areas outside those mentioned in the second paragraph of this Article, have to be equipped with mechanical ventilation devices or with electrically driven fans. For ships regularly used on voyages in cold areas, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may grant exemption from this requirement.
   
   
4. The power needed to drive the ventilation devices, prescribed in the second and third paragraphs of this Article, shall be available during the entire period that the crew lives or works on board and that the circumstances require so.
   
   
5. All toilets shall ventilate independent of any other part of the quarters to the open air.

Art.74 Night quarters

1. With due regard for the provision in the second paragraph of this Article, a night quarter at most has to be intended for the number of persons mentioned below.
   
   

1. a night quarter for officers:
   on ships having a length of 60 metres and over: 1 person
   on ships having a length of less than 60 metres: 2 persons;
   
   
2. a night quarter for ratings:
   on ships having a length of 60 metres and over: 2 persons
   on ships having a length of 35 to 60 metres: 4 persons
   on ships having a length of less than 35 metres: 6 persons.
   
   

• On ships having a length of less than 35 metres, the night quarter for officers and ratings may be combined to one quarter for maximally 6 persons.
  
  
• On ships having a length of 35 metres and over, separate night quarters shall be available for the deck personnel, the engine room personnel and the personnel for the civil service.
  
  
• As far as this is feasible, the accommodation of the crew shall take place such that the guards have been isolated and that off-duty guards (day labourers) do not share a night quarter with persons on duty.
  
  
• Each night quarter shall be clearly marked with the maximum number of persons for which it is intended.

Art.75 Requirements night quarters and sleeping-places

1. All night quarters shall be made and furnished such that the neatness is encouraged and that reasonable comfort is guaranteed for the inhabitants.
   
   
2. The floor area per person in a night quarter for ratings or in a combined night quarter for officers and ratings as referred to in the second paragraph of Article 74, the space occupied by sleeping-places and closets not included, shall be at least:
   
   
   1. on ships having a length of 13 to 19 metres: 0.5 m²,
      
      
   2. on ships having a length of 19 to 26 metres: 0.75 m^2,
      
      
   3. on ships having a length of 26 to 35 metres: 0.9 m²,
      
      
   4. on ships having a length of 35 metres and over: 1.0 m².
      
      
3. The floor area per person in a night quarter for officers, the space occupied by sleeping-places and closets not included, shall be at least:
   
   

1. on ships having a length of less than 60 metres: 2.0 m²,
   
   
2. on ships having a length of 60 metres and over: 2.5 m².
   
   

• In a night quarter there has to be a wardrobe for any inhabitant with a height of at least 1.75 metres and with a cross-section of at least 0.2 m², provided with a shelf and a rod on which clothing on clothes hangers can be hanged. The wardrobe shall be provided
  with a lock or with clips for a padlock.
  
  
• In a night quarter there has to be a drawer or similar space for any inhabitant with a volume of at least 60 dm³.
  
  
• In a night quarter there has to be a table or desk with a comfortable seating.
  The table or desk may be fixed, convertible or extending.
  
  
• A night quarter has to be equipped with a mirror, closets for toiletries, a bookshelf and a sufficient number of clothes hangers.
  
  
• A night quarter for officers also has to provided with a washbasin, the usual cupboards or drawers, curtains, towel hooks and door hooks and with an efficient floor covering.
  
  
• The furniture has to be made of smooth, hard material which does not warp or get rusty and in which vermin cannot nestle.
  
  
• Curtains or Venetian blinds have to be fitted in front of the sidescuttles in a night quarter.
  
  
• For each crew member there shall be a separate sleeping-place available.
  
  
• Sleeping-places shall be appropriately separated from each other and shall each be separately accessible.
  
  
• Not more than two sleeping-places may be fitted on top of each other.
  
  
• The bottom of the lower sleeping-place shall be at least 30 centimetres above the floor; the distance between the bottom of the lower sleeping-place and the bottom of the upper sleeping-place and the distance between the bottom of the upper sleeping-place and the
  bottom of the ceiling have to be at least 75 centimetres.
  
  
• At the bottom of the upper sleeping-place a dustproof bottom of wood, canvas or other suitable material has to be fitted.
  
  
• The internal dimensions of the sleeping-places shall be at least 2.00 metres in length and 68 centimetres in breadth.
  
  
• The sleeping-places shall be made of wood, or of durable hard material, which does not easily rust. The construction shall be such that no vermin is able to nestle in it and that the sleeping-place can be readily cleaned. If sleeping-places have been composed from tubes, these tubes may have no openings which might give access to vermin. Wooden berth boards shall be removable. Any sleeping-place shall be provided with a mattress of appropriate material. As stuffing for mattresses no material may be used in which vermin can nestle.
  
  
• Under the opening of an air shaft there may be no sleeping-place.
  

Art.76 Requirements day quarters

1. The dimensions and design, the number of tables and adequate seatings for a day quarter shall be sufficient for the number of persons which might use the quarter at the same time.
   
   
2. Unless there are pantries which are directly connected to the day quarters, sufficient cupboard space has to be provided in these quarters for storing cutlery as well as a suitable device for its cleaning.
   
   
3. The tops of tables and seatings shall be made of moistureproof material, without cracks and easy to be kept clean.
   
   
4. Where this is feasible, the day quarters have to be designed, furnished and equipped such that they give opportunities for recreation.
   
   
5. When a rediffusion installation is available, the day quarters shall be connected to it.

Art.77 Sanitary facilities

1. Any ship shall be provided with sufficient sanitary facilities, including washbasins, showers and toilets.
   
   
2. For persons using a night quarter which has not been provided with its own sanitary fittings, the following facilities shall be available:
   
   

1. one washbasin for any 6 persons or less,
   
   
2. one shower for each 8 persons or less,
   
   
3. one toilet for each 8 persons or less.
   
   When calculating, a number of 3 persons or less regarding showers and toilets and a number of 2 persons or less regarding washbasins, is neglected.

Art.78 Requirements sanitary facilities

1. Sanitary facilities, intended for communal use, have to comply with the following requirements:
   
   

1. the floor shall be of good, endurable and easily cleanable material, which is impenetrable for moisture; an appropriate water discharge shall be possible.
   
   
2. the bulkheads shall be made of steel or other good material and shall be made watertight to a height of at least 25 centimetres above the floor.
   
   
3. toilets shall be sufficiently separated from each other; they shall be located at a readily accessible place, separated from the quarters. They may neither be directly connected to the night quarters, nor to a dead-end corridor between the night quarters and the toilets, provided that this does not apply to a toilet between two night quarters, which together are intended for not more than 4 persons.
   
   
4. toilets shall be provided with a large drain and shall each on their own be capable of being flushed by means of an appropriate fixed device of sufficient capacity, so not to give off any stench. The water supply shall always be available and shall be controlled independently. The toilets shall be of such a model and the drain shall be arranged such that the chance of stoppage is as small as possible and that cleaning is simplified. The drain may not run through drinking-water tanks and, if feasible, not under the deck through day quarters and night quarters.
   
   
5. washbasins and bathtubs shall have adequate dimensions and shall be made of good material, with a smooth surface, not liable to cracks, chipping or rusting.
   
   
6. all washbasins and showers shall be provided with running cold and hot freshwater.
   
   

• The provisions under a, b, d, e and f of the first paragraph of this Article are also applicable to washbasins in night quarters and to sanitary facilities which are directly connected to night quarters.
  

Art.79 Washing and drying of clothing

1. On ships having a length of 35 metres and over, sufficient space shall be available for washing and drying of clothes.
   
   
2. The washroom for clothing has to contain suitable sinks which have been provided with a drain. They may be placed in a bathroom if a separate washroom cannot be provided for. The sinks shall be provided with running cold and hot freshwater.
   
   
3. An area separated from the quarters shall be available for drying of clothing. This area shall be capable of sufficient heating and ventilation and shall be provided with appliances for hanging clothes.
   
   

Art.80 Storage of oilskins and wet or dirty clothes

On each ship, near the night quarters, but separated from them, there has to be sufficiently and appropriately ventilated storage room to hang oilskins and wet or dirty clothing.

Art.81 Sick bay and sick berth

1. On ships having a length of 45 metres and over, a separate sick bay shall be available which complies with the relevant provisions in Article 61 of this Decree.
   
   
2. On ships having a length of 35 to 45 metres, one single night quarter shall be capable of being made available for one sick or injured person, in which the sleeping-place has been equipped as sick berth. On ships having a length of less than 35 metres, a sleepingplace
   in a night quarter equipped as sick berth suffices.
   
   
3. The sick berth shall be equipped such, that the sick person can easily be brought into it and out of it on a mattress, for which purpose the bulkheads shall be removable, if necessary.
   
   
4. When someone suffers from a serious or infectious disease, every effort will be made to nurse the sick person apart from all others.

Art.82 Cleanness of the quarters

1. The quarters shall be kept clean and in a habitable condition; goods and stores which are not personally owned by the users of the quarter, may not be stored there.
   
   
2. At least once a week an inspection of all quarters is kept by the master or an officer appointed to that end, in which he is accompanied by one or more members of the crew. His findings are reported in the logbook.
   

Art.83 Duties of the master

The master is obliged, if there appear to be defects at prescribed devices and auxiliaries, to provide for them as soon as possible.

Art.84 Applicability and exemptions

1. Without prejudice to the provisions in the third and fourth paragraphs, the Articles 68-81 are not applicable to existing fishing vessels. On existing fishing vessels the Articles 46-65, included in the Decree of 15 May 1937, Stb. 242, as they read before the date
   on which this Decree comes into force, remain applicable.
   
   
2. The Inspector-General of the Inspectorate for Transport, Public Works and Water Management may, after consultation of the organizations of marine employers and seafarers which have legal personalities, grant deviations from the provisions in the Articles 68-81, if these deviations bring along advantages which result in the design on the whole being not less favourable than that which would have been the result of complete application of the provisions of this Decree.
   
   
3. For a fishing vessel which is completely ready on the date on which this Decree comes into force, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may, after consultation of the organizations of marine employers
   and seafarers which have legal personalities, when the ship is brought under the Dutch flag or when drastic changes in the construction or large repairs to the ship have been performed in accordance with a previously designed plan and not due to an accident or disaster, prescribe alterations, which are required to let the ship comply with the requirements given in the Articles 68- 81, insofar as he considers this possible, taking into account all practical problems which are encountered with the application.
   
   
4. When a fishing vessel is under construction on the date on which this Decree comes into force or it is rebuilt on that date, then the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, after consultation of the interested
   parties mentioned in the third paragraph, may prescribe alterations, which are required to let the ship comply with the requirements given in the Articles 69-81, insofar as he considers this possible, taking into account all practical problems which are encountered with the application.
   
   
5. With the application of the third or fourth paragraph, the Inspector-General of the Inspectorate for Transport, Public Works and Water Management may determine within which period the alterations to be prescribed shall be performed.

§ 4 Supervision and inspection

Art.85 Supervision and inspection

1. The officials of the Shipping Division of the Inspectorate for Transport, Public Works and Water Management have been entrusted with the supervision over the observance of the provisions by or pursuant to the Articles 47 through 84.
   
   
2. The certificate as referred to in Article 407 of the Commercial Code is issued in two copies.
   
   
3. In order to obtain a certificate, as referred to in the second paragraph, the owner, before the construction of the ship is started, applies to the Inspector-General of the Inspectorate for Transport, Public Works and Water Management, under submission of a general plan, indicating the location and the general design of the quarters of the crew and the galley. Before the construction of the quarters and the galley is started, an elaborated plan with explanatory notes shall be submitted, indicating the position of each
   space, the furniture and decoration, the ventilation, lighting and heating and the sanitary facilities.
   
   
4. Copies of the issued certificate for the quarters shall be posted at such locations on board, that any seaman can take note of the contents.
   
   
5. When a complaint has been lodged with the Inspector-General of the Inspectorate for Transport, Public Works and Water Management by an organization which is a legal person with complete legal competence of seafarers, or by at least one third of the seamen, implying that the quarters do not meet the requirements, an investigation is started by an official of the Shipping Division of the Inspectorate for Transport, Public Works and Water Management, when the complaint comes in at such a time that the investigation can take place without holding the ship.

Chapter 8 Provision relating to a trial

Art.86 Implementation Article 450d Commercial Code

The summoning by the registrar, as referred to in Article 450d of the Commercial Code, takes place by registered letter, unless the judge orders another manner of summoning on the basis of special circumstances, in which case this other manner is followed.

Chapter 9 Final provisions

Art.87 Withdrawal Decrees

With the coming into force of this Decree the Royal Decrees of:
30 August 1829 (Bulletin of Acts, Orders and Decrees no. 61);
5 October 1867 (Bulletin of Acts, Orders and Decrees no. 104), amended by Royal Decree of 27 June 1921 (Bulletin of Acts, Orders and
Decrees no. 814);
29 June 1878 (Bulletin of Acts, Orders and Decrees no. 99), most recently amended by Royal Decree of 14 March 1933 (Bulletin of Acts,
Orders and Decrees no. 95);
17 June 1906 (Bulletin of Acts, Orders and Decrees no. 206);
2 April 1929 (Bulletin of Acts, Orders and Decrees no. 140);
2 April 1929 (Bulletin of Acts, Orders and Decrees no. 141); amended by Royal Decree of 31 May 1930 (Bulletin of Acts, Orders and
Decrees no. 222);
10 April 1929 (Bulletin of Acts, Orders and Decrees no. 150);
have been withdrawn.

Art.88 Shortened name

This Decree can be quoted as: ‘Seamen’s Decree’.

Our Ministers of Justice and of Public Works and Water Management have been entrusted with the implementation of this Decree, which will be published in the Bulletin of Acts, Orders and Decrees and a copy of which will be sent to the Council of State.

The Loo, 15 May 1937

WILHELMINA

The Minister of Justice,

VAN SCHAIK

Decree

 

Decree of 15 May 1937, Stb. 242, laying down an Order in Council as referred to in the Articles 407, 412, 450d, 451d and 451i of the Commercial Code, most recently amended by decree of 1 November 2007, Stb. 448

We WILHELMINA, by the grace of God, Queen of the Netherlands, Princess of Orange Nassau, etcetera etcetera etcetera

On the joint recommendation of Our Ministers of Justice and of Public Works and Water Management of 24 February 1937, first department C, n°. 885, and of 25 February 1937, La. L.L., Department Transport and Mining;

Having heard the Council of State, advice of 13 April 1937, n°. 42;

Having observed the more detailed joint report of Our above-mentioned Ministers of 7 May 1937, first department C, n°. 1201 and of 11 May 1937, La. L., Department Transport and Mining;

Noting the Articles 407, 412, 450d, 451d en 451i of the Commercial Code; Having approved and understood:

As from the day on which the Act of 14 June 1930 (Bulletin of Acts, Orders and Decrees n°. 240) comes into force, to lay down the following provisions:

• Informatietype: Informatie voor uitvoering
• Documentsoort: Oude wet- en regelgeving, niet in wetten.nl
• Toegangsrechten: Intern
• Identificatie: PUC_1173_14
• Versie: 1
• Datum beschikbaarheid: 29-12-2009
• Geldigheid van: 01-10-1937
• tot en met: 01-07-2015
• Wijzigingsdatum: 25-05-2021
• Titel: Seamen's Decree (English, uncontrolled version)
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Thema: Decrees / Besluiten (AMvB)