[Code of Federal Regulations]
[Title 46, Volume 7]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR189.50-1]

[Page 355-356]
 
                           TITLE 46--SHIPPING
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 189_INSPECTION AND CERTIFICATION--Table of Contents
 
              Subpart 189.50_Special Operating Requirements
 
Sec. 189.50-1  Inspection and testing required when making alterations, 


repairs, or other such operations involving riveting, welding, burning, 
or like fire-producing actions.

    (a) The provisions of ``Standard for the Control of Gas Hazards on 
Vessels To Be Repaired,'' NFPA No. 306, published by National Fire 
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be 
used as a guide in conducting the inspections and issuance of 
certificates required by this section.
    (b) Until an inspection has been made to determine that such 
operation can be undertaken with safety, no alterations, repairs, or 
other such operations involving riveting, burning, welding, or like 
fire-producing actions shall be made:
    (1) Within or on the boundaries of tanks which have been used to 
carry combustible liquids or chemicals; or,
    (2) Within spaces adjacent to tanks which have been used to carry 
Grade D combustible liquids, except where the distance between such 
tanks and the work to be performed is not less than twenty-five (25) 
feet; or,
    (3) Within or on the boundaries of fuel tanks; or,
    (4) Within or on the boundaries of tanks carrying Grade B or Grade C 
flammable liquids or within spaces adjacent to such tanks; or,
    (5) To pipelines, heat coils, pumps, fittings, or other 
appurtenances connected to such fuel tanks.
    (c) Such inspections shall be made and evidenced as follows:
    (1) In ports or places in the United States or its territories and 
possessions the inspection shall be made by a marine chemist 
certificated by the National Fire Protection Association; however, if 
the services of such certified marine chemist are not reasonably 
available, the Officer in Charge, Marine Inspection, upon the 
recommendation of the vessel owner and his contractor or their 
representative shall select a person who, in the case of an individual 
vessel, shall be authorized to make such inspection. If the inspection 
indicates that such operations can be undertaken with safety, a 
certificate setting forth the fact in writing and qualified as may be 
required, shall be issued by the certified marine chemist or the 
authorized person before the work is started. Such qualifications shall 
include any requirements as may be deemed necessary to maintain, insofar 
as can reasonably be done, the safe conditions in the spaces certified 
throughout the operation and shall include such additional tests and 
certifications as considered required. Such qualifications and 
requirements shall include precautions necessary to eliminate or 
minimize hazards that may be present from protective coatings or 
residues from cargoes.
    (2) When not in such a port or place, and a marine chemist or such 
person authorized by the Officer in Charge, Marine Inspection, is not 
reasonably available, the inspection shall be made by the senior officer 
in the crew present and a proper entry shall be made in the vessel's 
logbook.
    (d) It shall be the responsibility of the senior officer present to 
secure copies of certificates issued by the certified marine chemist or 
such person authorized by the Officer in Charge, Marine Inspection. It 
shall be the responsibility of the senior officer in the crew present, 
insofar as the persons under his control are concerned, to maintain a 
safe condition on the vessel by full observance of all qualifications

[[Page 356]]

and requirements listed by the marine chemist in the certificate.

[CGFR 67-83, 33 FR 1118, Jan. 27, 1968, as amended by CGD 95-072, 60 FR 
50469, Sept. 29, 1995]