C3.1.h. Can the floor area of adjacent private or semi-private sanitary facilities be considered for purposes of calculating the minimum floor area in sleeping rooms?

Standard A3.1 of the MLC, 2006 sets out detailed requirements as to the minimum floor area of sleeping rooms but does not specify how these areas are to be measured. However, it provides guidance (in Guideline B3.1.5, paragraph 6) that space occupied by berths and lockers, chests of drawers and seats should be included in the measurement of the floor area, but not small or irregularly shaped spaces “which do not add effectively to the space available for free movement and cannot be used for installing furniture”. Since an adjacent partitioned sanitary facility would not add effectively to the space available for free movement, etc., it could be concluded that the existence of private or personal sanitary facilities would probably have no impact on the measurement of minimum sleeping room floor areas under Standard A3.1, paragraph 9, although they may be relevant to a question of substantial equivalence [see A11.].

Could less space be provided in sleeping accommodation in return for greater comfort? This question has been raised in the context of certain categories of ships with limited space for seafarers’ sleeping rooms. It raises the concept of “substantial equivalence” addressed in Article VI, paragraphs 3 and 4 of the MLC, 2006 [see A11.]. Any solution to compensate for less floor area in sleeping accommodation would need to be “conducive to the full achievement of the general object and purpose” of the requirements relating to floor space to “give effect to” the provision or provisions concerned (Article VI, paragraph 4). Such a solution might reasonably consist of extra space such as a big, more comfortable day room to be shared by adjoining sleeping rooms; or the definition in Article VI, paragraph 4, might possibly justify a solution providing extra comfort related to sleeping room accommodation, such as the provision of en suite sanitary facilities. The question has even been raised as to whether extra comfort in general, unrelated to floor area, could be considered in the evaluation of a substantially equivalent solution, such as the grant to the seafarers concerned of extra free time ashore.

It is in this context that ratifying Members should assess their national provisions from the point of view of substantial equivalence, identifying the general object and purpose of the provision concerned in Part A of the Code (in accordance with Article VI, paragraph 4(a)) and determining whether or not the proposed national provision could, in good faith, be considered as giving effect to the provision (as required by Article VI, paragraph 4(b)).

Accommodation and recreational facilities