Maritime Rules did not require the PeeJay V to have fire detection or automatic fire alarms installed even though it could carry up to 90 passengers and operate up to 12 nm from the coast.
The Commission determined that the fire likely started in the engine room of the PeeJay V. The very likely absence of an alarm system on the PeeJay V meant the crew had less time and opportunity to respond to the fire and prepare the life-saving apparatus.
In 2003, the Commission published a report concerning a fire in the engine room of a 20 m long passenger vessel. That investigation, and subsequent discussion with the Maritime Safety Agency (the Maritime Safety Agency was renamed Maritime New Zealand in 1993), resulted in a recommendation (033/03) to the Director of the Maritime Safety Agency that:
When conducting any review of maritime rule part 40A (Design and Equipment – Passenger Ships SOLAS) undertake a cost benefit analysis to consider any existing restricted limit passenger ships with totally enclosed engine spaces to be fitted with a fire detection system and a remotely operated fire extinguishing system in the engine space.
Where a cost benefit is demonstrated as positive, consider drafting an amendment to maritime rule part 40A for the Minister’s consideration.
Any amendment of the rule to be phased so that existing passenger vessels above 15m, or carrying more than 36 passengers to be fitted with this equipment first.
Currently, the recommendation remains with an open status. Since the recommendation was made, Maritime Rules Part Rule 40A remains unchanged with respect to mandatory fire detection and automatic fire alarms on restricted-limits vessels. The matter is on MNZ’s policy issue register, and is due to be considered as part of the comprehensive review of the Maritime Rules Part Rule 40 for 2017/18.
The safety issue that this recommendation was to address is equally applicable to this accident, and it is virtually certain that it will arise again in the future unless it is addressed.
Therefore the Commission invites the Director of Maritime New Zealand to implement this recommendation as part of the 2017/18 review of Rule Part 40.
On 17 January 2018, Maritime New Zealand replied:
At the time recommendation 033/03 was originally issued, MNZ was required to demonstrate that a regulatory change would meet a prescribed cost-benefit ratio before it could proceed. At that time, MNZ determined the change did not meet that threshold. While there is no longer a requirement to meet a prescribed cost-benefit ratio, in light of the PeeJay V incident, MNZ will:
1. Undertake an appropriate cost-benefit analysis of the proposal as part of its wider review of the 40 series of Maritime Rules
2. If the cost-benefit analysis supports regulatory intervention, MNZ will recommend appropriate rule amendment(s) to the Minister to consider.
3. MNZ will ensure that any proposed amendments are prioritised according to the safety risks which those amendments intend to address.
The scoping for the review of the 40 series is due for completion within the next 6-12 months. The actual amendments will be sequenced over multiple years, beginning in the 2018/19 financial year. I foresee that MNZ will conclude its response to recommendation 033/03 during this period.
I will keep the Commission informed of progress on this matter.