The IP Code and SPS Code both enhance maritime safety but focus on different areas. The IP Code is mandatory and ensures the safe transport and transfer of industrial personnel. In contrast, the SPS Code, which is voluntary, targets the safety of special purpose personnel involved in specialized ship operations.
In a recent Marine Notice, the Bahamas Maritime Authority (BMA) explains the relationship between IP Code and SPS Code. As explained, the IP Code is a mandatory code to provide for the safe carriage of industrial personnel on ships, and their safety during personnel transfer operations by addressing any risks present which are not adequately mitigated by the applicable safety standard in SOLAS.
On the other hand, the Code of Safety for Special Purpose Ships, 2008 (SPS Code 2008), MSC.266(84) as amended, is a voluntary code to provide for special purpose personnel who are carried onboard in connection with the special purpose of the ship, or because of the special work being carried out onboard the ship.
The SPS Code is intended to facilitate operation of such ships and result in a level of safety for the ships and their personnel equivalent to that required by SOLAS.
Industrial personnel are transported or accommodated on board the ship, but do not work on the ship itself. Special personnel work onboard the ship in connection with its special purpose, or special work being carried out onboard the ship.
A person can be either industrial personnel or special personnel, but cannot be both at the same time.
When dangerous goods are being carried onboard the ship to be used off the ship by industrial personnel, then the dangerous goods are classified as being carried onboard for shipment as cargo and are subject to the provisions of the International Maritime Dangerous Goods (IMDG) Code. If the dangerous goods are carried as ships stores and are to be used onboard the ship by special personnel or the ship’s crew, they are not subject to the provisions of the IMDG Code.
The IP Code contains additional requirements for lifesaving appliances on high speed craft.
Applicability of the IP Code
BMA further explains that both SOLAS and the applicable Bahamas legislation allow a cargo ship to carry up to 12 passengers in addition to the crew. It follows that a ship carrying more than 12 passengers is considered a passenger ship.
The BMA recognises, however, that there are ships of such design and which operate in services and under conditions that can make strict compliance with passenger ship requirements inappropriate. Additionally, certain key attributes of those persons carried are not typical of passengers, in that they are regularly working in the maritime environment, are certified medically fit and have relevant safety training.
Developments in the offshore industry led to the recognition of a new category of persons on board in SOLAS, namely Industrial Personnel (IP). The IP Code is mandatory for cargo ships and high-speed cargo craft of 500 gross tonnage and above that intend to carry industrial personnel.
In particular, the IP Code applies to new and existing ships as follows:
- New ships: Cargo ships and high-speed cargo craft of 500 gross tonnage and above, which carry more than 12 industrial personnel, constructed1 on or after 01 July 2024, shall comply with the IP Code.
- Existing ships:
- Cargo ships constructed before 01 July 2024, with authorisation from the flag State to carry more than 12 industrial personnel under IMO Resolution MSC.418(97) Interim recommendations on the safe carriage of more than 12 industrial personnel on board vessels engaged on international voyages shall comply with regulations III/1, III/2 (except paragraph 2.1.7), IV/7 and IV/8 of the IP Code by the first intermediate or renewal survey, whichever occurs first, after 01 July 2024.
- High-speed cargo craft constructed before 01 July 2024, with authorisation from the flag State to carry more than 12 industrial personnel under IMO ResolutionMSC.418(97) Interim recommendations on the safe carriage of more than 12 industrial personnel on board vessels engaged on international voyages shall comply with regulations III/1, III/2 (except for paragraph 2.1.7), V/7 and V/8 of the IP Code by the third periodical or first renewal survey, whichever occurs first, after 1 July 2024.
- Cargo ships and high-speed cargo craft, irrespective of date of construction, which, prior to 01 July 2024, have not been authorised by the Administration to carry more than 12 industrial personnel under IMO Resolution MSC.418(97) Interim recommendations on the safe carriage of more than 12 industrial personnel on board vessels engaged on international voyages shall comply and be certified in accordance with SOLAS Chapter XV and the IP Code prior to the carriage of more than 12 industrial personnel on board.
Furthermore, Regulation 2 of the IP Code provides requirements for the safety of all persons involved in personnel transfer. This requires personnel transfer appliances to be inspected regularly and included in the survey for compliance with the IP Code.
However, for ships carrying both Industrial Personnel and Special Personnel, reference is made to chapter 7 of the SPS Code in relation to dangerous goods carried on board the ship in connection with the special purpose of the ship or because of special work carried out on board the ship. Although such dangerous goods are considered ship’s stores, the provisions of chapter 7 of the SPS Code shall be taken into account.
