Rules and Regulations for the Construction, Conversion, Alteration, Modification, Re-Building of Philippine-Registered Domestic Ships

November 3, 2015

MARINA CIRCULAR NO. 07-15

 

Pursuant to the provisions of Presidential Decree Nos. 474 and 1059, Executive Order No. 125/125-A, Republic Act No. 9295 and its Implementing Rules and Regulations, and Philippine Merchant Marine Rules and Regulations (PMMRR) '97, SOLAS, 1974 as amended, MARINA Circular No. 2011-01 on the Rules for Construction of Wooden Hull Ships and for Wooden Hull Boats with Outriggers, the following Rules and Regulations are hereby adopted and prescribed:

I. Objective

1. To establish standard procedures for ship plans approval, construction survey and issuance of construction certificate;

2. To ensure that all ships constructed, converted, altered, modified or re-built in the Philippines are in accordance with the safety standards imposed by the Administration; and,

3. To verify the structural strength and integrity of essential parts of the ship's hull and its appendages.

II. Coverage

This Circular applies to all ships to be constructed, converted, altered, modified or re-built in the Philippines and ships constructed abroad but to be registered in the Philippines.

III. Definition of Terms

1. "Administration" refers to the Maritime Industry Authority (MARINA).

2. "Acquisition" refers to the importation, bareboat charter, local construction and permanent conversion of ship's trading status from overseas operation to domestic operations as per MC 104.

3. "Alteration" refers to the process of changing the configuration of ships or ships dimensions which affect the original approved plans; lengthening; and other similar process. DcHSEa

4. "Construction Certificate" refers to the certificate issued by the Administration upon completion of the periodic survey and issuance of Builder's Certificate by the Shipyard/ Shipbuilder.

5. "Electronic Copy of Ship's Plans and Specifications" refers to the digital document file of the approved ship's plans and specification by the Administration in file format supported by any marine software, AutoCAD or Adobe Portable Document, clear and readable stored in CD or USB/flash drives.

6. "Modification" refers to the process of replacing major propulsion machinery to include major auxiliaries; modifying the superstructure such as construction of additional deck above main deck; and other similar process.

7. "New Ship" refers to a ship the keel of which is laid or which is at a similar stage of construction on or after the effectivity of this Circular.

8. "Periodic Survey" refers to the complete examination of the hull structure, machinery, among others during the different stages of construction, conversion, alteration, modification or re-building of ship to ascertain that the ship is constructed, converted, altered or modified in accordance with the approved plans.

9. "Pre-evaluation" refers to the process of reviewing and assessing the ship's plans and specification including survey of ships prior to importation.

10. "Re-building" refers to an existing ship subjected to changes specifically the re-plating of its hull/superstructure and replacement of its main engine in order to substantially prolong its operating life to such an extent of at least 85% of its total hull has been replaced including its main engine.

11. "Ship Plans and Specifications" refers to plans showing the detailed drawings of each specific plan of the ship.

12. "Ship Plans Approval" refers to "the process of reviewing and evaluating the plans based on the applicable rules and regulations by the Administration.

13. "Ship Construction" refers to a process of shipbuilding using modular/block system, tradition method and other methods accepted for shipbuilding for new ships. SCaITA

14. "Ship Conversion" refers to the process of changing ship type and service; increasing maximum allowable draft; and, other similar process.

IV. General Provisions

1. All ships shall have an approved plans as required by Administration prior to construction, conversion, alteration, modification or re-building;

2. All ships shall be subjected to actual periodic survey by the Administration or Recognized Classification Societies authorized to conduct periodic survey in behalf of the Administration during construction, conversion, alteration, modification, or re-building to ensure that the ship is constructed, converted, altered or modified strictly in accordance with the approved plans and specifications. Class Survey Reports shall be subjected to verification by the Administration.

V. Specific Provisions

1. The shipowner/operator or the shipbuilder shall submit to the Administration a complete set of required ship plans and specifications for approval prior to construction, conversion, alteration, modification or re-building. aTHCSE

2. Ships to be constructed abroad shall have the plans first approved by the administration prior to construction, such ship shall be subjected to periodic survey by the Administration as required under section IV.2.

3. The ships plan and/or proposed conversion, alteration, modification or re-building plans of all passenger ships intended to be acquired for importation shall be subjected to pre-evaluation by the Administration prior to the issuance of the Authority to Import. Pre-evaluation shall be governed by a checklist to be formulated by MARINA.

4. Other ships intended to be re-built shall likewise be subjected to pre-evaluation by the Administration.

5. Other ship types intended to be converted to a passenger ship shall likewise be subjected to pre-evaluation by the Administration prior to importation.

6. Ship Plans shall be signed and sealed by Philippine Registered Naval Architect and Marine Engineer (RENAMARE) and Professional Electrical Engineer (PEE) for electrical plans.

7. Ship's Plans shall be submitted in three (3) copies (blue or white print copy including electronic copy).

8. Any modification/alteration to the design of the approved plans shall require approval from the Administration prior to the implementation of such modification/alteration.

9. Any modification or alteration work by the Shipbuilder shall not commence until that part of the ship affected by such modification or alteration has been reviewed and approved by the Administration.

10. As-built Plans shall be submitted to the Administration after completion of construction, conversion, alteration or modification of ships for approval. cAaDHT

11. All ships shall retain a copy of the Administration-approved "As-built" plans on board, at all times.

12. Any conversion, alteration, modification or re-building of ship shall be subjected to re-admeasurement, re-inclining Experiment/Test, re-calculation of freeboard and other re-issuances as required by the Administration.

13. The Administration shall witness the sea trial of the ship after construction, conversion, alteration, modification or re-building that will be supervised and certified by the shipyard.

VI. Plans and Drawings Requirements

1. For New Construction

> For ships 3 GT to 15 GT

1. General Arrangement Plan

2. Construction Plan

3. Midship Plan and BHD Plan Details

 Additional Plans for Passenger Ships

4. Passenger Accommodation Plan

5. Hydrostatic Curves

6. Permissible Subdivision by Empherical Formula

> For ships above 15 GT to 50 GT

1. General Arrangement Plan

2. Construction Plan

3. Midship Plan and BHD Plan Details

4. Lines Plan and Table of Offset

5. Hydrostatic Curves or Hydrostatic Table

6. Shell Expansion Plan HCaDIS

7. Scantling Calculation with Longitudinal Hull Girder Strength Calculation

8. Capacity Plan

9. Welding Schedule and Specifications

10. Shafting and Propeller Arrangement & Specifications

11. Specification & Arrangement of Main Propulsion & Auxilliary Machineries

 Additional Plans for Passenger Ships

12. Passenger Accommodation Plan

13. Permissible Subdivision by Empherical Formula

14. Cross Curves of Stability

15. Damage Stability Booklet

> For ships above 50 GT

1. General Arrangement Plan

2. Construction Plan

3. Midship Plan and BHD Plan Details

4. Lines Plan and Table of Offsets

5. Hydrostatic Curves or Hydrostatic Table

6. Shell Expansion Plan

7. Scantling Calculation with Longitudinal Hull Girder Strength Calculation

8. Capacity Plan

9. Welding Schedule and Specifications

10. Shafting and Propeller Arrangement & Specifications

11. Specifications & Arrangement of Main Propulsion & Auxiliary Machineries.

12. Cross Curves of Stability

13. Life Saving & Fire Control Plan AHCETa

 Additional Plans for Passenger Ships

14. Passenger Accommodation Plan

15. Floodable Length Calculations

16. Floodable Length Curves

17. Damage Stability Booklet

18. Emergency Escape Plan

> For Non-Propelled Barges and Similar Ships

1. General Arrangement Plan

2. Construction Plan

3. Midship Section, W.T. & O.T. Bulkheads

4. Shell Expansion Plan

5. Welding Schedule & Specifications

6. Scantling Calculation with Longitudinal Hull Girder Strength Calculation

 Additional Plans for Ship Shape

7. Lines Plan & Table of Offset

8. Hydrostatic Curves or Tables

9. Capacity Plan

2. For Ships conversion, alteration, modification and re-building

1. MARINA approved plans affecting the conversion, alteration, modification and re-building. ScHADI

VII. Periodic Survey during Construction, Conversion, Alteration, Modification or Re-Building and Issuance of Construction Certificate

1. The Administration surveyor performs the surveys at specific stages throughout all phases of the construction and assembly of the hull and machinery and equipment, including conversion, alteration, modification, or re-building following the Administration Checklist as per Annex A. During the survey the surveyor checks the compliance of the works with the approved plans, adequate quality of materials and workmanship. Survey of ship's work depends on the Administration-approved plans.

2. The ship works shall be to the satisfaction of the Administration surveyor.

3. Throughout all the stages of the ship's work, the Administration surveyor submits report on each survey made prior to issuance of Construction Certificate to assure compliance based on approved plans.

4. Periodic Surveys shall be conducted based on the construction stages whether modular assembly or the traditional method of ship construction.

VIII. Fees and Charges

1. Approval of ship's plans for construction, conversion, alteration, modification or re-building — P160.00 per section.

2. Pre-evaluation of ships intended for importation — P160.00 per section.

3. Periodical Survey for construction, conversion, alteration, modification or re-building:

	Fees (per Survey)
Particulars	Within Work	Additional Charges
	Station	Outside Work
		Station
50 GT and below	P1,000	P1,300 per day +
		amount of airfare
Over 50 GT-500 GT	P2,000	ticket (economy
		class) per surveyor
Above 500 GT-1,500 GT	P3,000	In case outside the
		country: DSA per day
Above 1,500 GT	P4,500	+ amount of airfare
		ticket (economy class)
		per surveyor

IX. Fines and Penalties

1. For shipbuilders, ship repairers, boatbuilders & boat repairers, failure to secure Administration-approved ship's plans prior to the ship construction, conversion, alteration, modification, re-building and other related activities:

Category	1st Violation	2nd Violation	3rd Violation
Large	30,000.00	60,000.00 plus six	The business
Shipyards		(6) months	establishment shall
		suspension of	be subject to
		license	closure, to be
			effected by the
Medium	20,000.00	40,000.00 plus six	MARINA in
Shipyards		(6) months	coordination with
		suspension of	appropriate law
		license	enforcement
			authorities, after
Small	10,000.00	20,000.00 plus six	due process.
Shipyards		(6) months
		suspension of
		license
BB Class A	5,000.00	10,000.00 plus six
		(6) months
		suspension of
		license
BB Class B	1,000.00	2,000.00 plus six
		(6) months
		suspension of
		license
BB Class C	250.00	500.00 plus six
		(6) months
		suspension of
		license

2. For ship owners, operators or his agent, failure to secure Administration-approved ship's plans prior to the ship construction, conversion, alteration, modification, re-building and other related activities:

	Particulars	Fines and Penalties
2.1	50 GT or less	P50,000.00 plus suspension and/or
		cancellation of Authority to Operate
		(no sail condition until compliance)
2.2	Over 50 GT-500 GT	P100,000.00 plus suspension and/or
		cancellation of Authority to Operate
		(no sail condition until compliance)
2.3	Above 500	P150,000.00 plus suspension and/or
	GT-1,500 GT	cancellation of Authority to Operate
		(no sail condition until compliance)
2.4	Above 1,500 GT	P200,000.00 plus suspension and/or
		cancellation of Authority to Operate
		(no sail condition until compliance)

X. Transitory

1. New Ships constructed, converted, altered, modified covered shall comply immediately upon the effectivity of this Circular;

2. All holders of Authority to Operate (CPC/PA/SP) shall submit an electronic copy of the Administration-approved ships plan of their fleet until June 30, 2016.

3. In case of loss or destruction of the original (or copy thereof) approved ship's plans, the re-approval by the Administration of the reconstituted ship's plans shall be free of charge.

XI. Repealing Clause

Any provisions of the PMMRR 1997 and other existing MARINA Circulars which are inconsistent herewith are hereby repealed or modified accordingly.

XII. Separability Clause

Should any provision or part of this Circular be declared by competent authorities to be invalid or unconstitutional, the remaining provisions or parts thereof shall remain in full force and effect and shall continue to be valid and effective.

XIII. Effectivity

This Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation. DETACa

Manila, Philippines, November 3, 2015.

BY THE AUTHORITY OF THE BOARD:

(SGD.) MAXIMO Q. MEJIA. JR., PhDAdministrator

SECRETARY'S CERTIFICATE

This is to certify that MARINA Circular No. 2015-07 was approved by the MARINA Board during its 237th Regular Meeting on 03 November 2015.

(SGD.) ATTY. VIRGILIO B. CALAGCorporate Board Secretary