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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) The person in charge of fumigation shall notify the person in charge of the vessel of:
(1) The space that is to be fumigated;
(2) The name, address, and emergency telephone number of the fumigation company;
(3) The dates and times of fumigation;
(4) The characteristics of the fumigant;
(5) The spaces that are determined to be safe for occupancy paragraph (b)(1)(i) of this section;
(6) The maximum allowable concentration of fumigant in spaces, if any, that are determined to be safe for occupancy under paragraph (b)(1)(i) of this section;
(7) The symptoms of exposure to the fumigant; and
(8) Emergency first aid treatment for exposure to the fumigant.
(b) The person in charge of fumigation shall ensure that:
(1) A marine chemist or other qualified person who has knowledge of and experience in shipboard fumigation evaluates the vessel's construction and configuration and determines:
(i) Which spaces, if any, are safe for occupancy during fumigation; and
(ii) The intervals that inspections must be made under § 147A.21(a)(1);
(2) No persons or domestic animals are in the space that is to be fumigated or the spaces that are designated as unsafe for occupancy under paragraph (b)(1)(i) of this section;
(3) There is proper and secure sealing to confine the fumigant to the space that is to be fumigated, including blanking off and sealing any ventilation ducts and smoke detectors;
(4) The personal protection and fumigation detection equipment for the fumigant that is to be used is on board the vessel;
(5) Warning signs are:
(i) Posted upon all gangplanks, ladders, and other points of access to the vessel;
(ii) Posted on all entrances to the spaces that are designated as unsafe for occupancy under paragraph (b)(1)(i) of this section; and
(iii) In accordance with 49 CFR 173.9(c) or section 8.10 of the General Introduction of the International Maritime Dangerous Goods Code. The word “unit” on the warning sign may be replaced with “vessel,” “barge,” “hold,” or “space,” as appropriate.
(6) Watchmen are stationed at all entrances to:
(i) Spaces that are not determined to be safe for occupancy under paragraph (b)(1)(i) of this section; or
(ii) The vessel, if no spaces are determined to be safe for occupancy under paragraph (b)(1)(i) of this section.
Cite this article: FindLaw.com - Code of Federal Regulations Title 46. Shipping § 46.147A.11 Person in charge of fumigation; before fumigation - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-46-shipping/cfr-sect-46-147a-11/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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