Standards, criteria and guidance document F Recreational Scuba Diving Operations 1.0 Introduction The aim of this document is to establish service standards and other requirements for the running of a recreational scuba diving operation or dive centre. It also aims to ensure that the highest safety operational standards are maintained by all recreational scuba diving service providers. The primary purpose of these standards is to ensure that the licensee and/or the operator and staff are sufficiently qualified and competent to provide diving services, and that the operation is supported by the required infrastructure, equipment and other provisions necessary. Licensees are obliged to comply with these standards and must be covered by sufficient third party liability insurance. Unlicensed recreational dive centres are prohibited from advertising any diving services. These standards shall apply to any licensed person offering recreational diving services to the public and any other person employed by such physical or legal person to carry out any of the services provided by the diving centre. The provision of recreational diving services is to be considered a tourism operation in terms of the Act and shall therefore be subject to the provisions of the Act and to any relevant standards made thereunder. 2.0 Interpretation 2.1 In these standards, unless the context otherwise requires: "the Act" means the Malta Travel and Tourism Services Act; Cap. 409. "the Authority" means the Malta Tourism Authority; "breathing gas" means a mixture of inert gases together with a portion of oxygen which will produce a partial pressure not exceeding 1.6 Bar at the maximum operational depth; "confined water" means a swimming pool with a maximum depth of four metres or body of water that offers similar conditions; "director of diving" means a diving instructor who is approved as such by the Authority in terms of standard 6 to take responsibility for the management and Tourism Legislation Review Page 199 operation of the recreational diving services being offered, promoted, organised and provided by a licensee; "dive centre" means the premises from where any person or entity offers recreational diving services to clients provided that the ‘dive centres’ include diving clubs registered as such with the Comm. of Police. "diving instructor" means a person who is qualified in accordance with MSA EN 14413-2 or equivalent and fulfils the requirements of standard 7; "EN" means standard developed by the European Committee for Standardization (CEN); "intro dive" means an informal diving experience undertaken to introduce the client to scuba diving; "ISO" means a standard published by the International Standards Organization; “medical statement” means a completed medical statement signed by the client to ensure the client’s fitness for recreational diving as indicated in the Annex C or a medical statement issued by an educational organisation that is credited to provide courses that lead to MSA EN 14153-1 to 3 or equivalent or MSA EN 14413 1 and 2 or equivalent or ISO 11121, provided that such statement shall not be accepted if it does not include all the information contained in the statement indicated in the Annex C; "minor" means any physical person who has not attained the age of eighteen years; "open water" means a body of water significantly larger than a swimming pool, offering typical local sea conditions; "risk assessment" means the identification of hazards, persons who may be harmed by such hazards, and procedures to be adopted to ensure that the risk is controlled as far as is reasonably possible; 2.2 Words and expressions used in these standards which are also used in the Act shall, unless the context otherwise requires, have the same meaning as in the Act. 3.0 The Operation 3.1 No person shall offer, promote, organise or provide any recreational diving service unless the recreational diving services are licenced for the purpose by the Authority in terms of these standards. Any promotional material shall clearly state the name of the dive centre. Tourism Legislation Review Page 200 3.2 Prior to the issue of the licence, the applicant has to designate and submit to the Authority for evaluation and approval the following operational requirements and procedures: a. The details of a Director of Diving who shall be a person of good conduct and possesses the relevant competencies and qualifications in accordance with clause 4.1; b. the location of the fixed and permanent infrastructure which has to comply with the requirements of these standards; c. the facilities and equipment; d. the management, safety and operational requirements and procedures to be used and implemented for the provision of the relevant recreational diving services. e. be covered by a third party liability insurance which is commensurate with the risk level associated with such operation and shall cover all perils, injury or bodily harm including death. 3.3 The Authority shall recognise the right of a recreational diving services provider that is legally established in another Member State to provide recreational diving services, or parts thereof in Malta, on a temporary and occasional basis, in terms of the Services (Internal Market) Act: Provided that, for reasons of public safety, when providing such temporary and occasional services in Malta, such recreational diving service provider shall comply with the applicable safety and operational requirements and procedures established in the standards and criteria of this document. 4.0 The Persons involved in a Recreational Diving Centre No licensee shall offer, promote, organise or provide any recreational scuba diving services unless he has appointed the following persons: 4.1 Director of Diving 4.1.1 No licensee shall offer, promote, organise or provide recreational scuba diving services unless he has appointed a Director of Diving to fulfil the duties prescribed in these standards. 4.1.2 The appointment of a Director of Diving referred to in clause 4.1.1 or his substitute shall be subject to the prior approval of the Authority. 4.1.3 Qualifications of the Director of Diving The Authority shall approve the appointment if it is satisfied that the designated Director of Diving: Tourism Legislation Review Page 201 a. is in possession of a diving instructor qualification of at least a Level 2 in accordance with MSA EN 14413 - 2 or equivalent; b. has adequate experience as an instructor in recreational diving proven by at least four hundred logged dives undertaken as a recreational diving instructor, of which three hundred such dives should have been undertaken in local waters within the five years preceding his engagement as a director of diving; c. has provided a signed declaration to the Authority that he has sufficient knowledge and competencies to fulfil his duties and responsibilities as director of diving as required by these standards together with a commitment towards their fulfilment. 4.1.4 Duties of the Director of Diving The Director of Diving shall have the following duties: a. The Director of Diving shall assume overall management and operational responsibility for the recreational diving services provided to clients by the licensee. This shall include the coordination and supervision of all training, of all organised and guided diving and for the rental of equipment. b. The Director of Diving shall be responsible for ensuring that all recreational diving services are provided according to these standards and best industry practices in order to minimise risks to the health and safety of clients and staff at all times. c. In the event that the Director of Diving is temporarily absent from the dive centre due to illness or other valid reason the licensee shall appoint a substitute with qualifications as required of a Director of Diving. d. A Director of Diving or his substitute shall act in such capacity for only one dive centre at the same time: Provided that if the licensee fulfils the necessary requirements of a Director of Diving set out in these standards, the licensee can also fulfil the function of Director of Diving. 4.2 Diving Instructors 4.2.1 A recreational diving service provider shall not employ or otherwise engage a person as a Diving Instructor unless such person fulfils the requirements established in these standards. 4.2.2 Qualifications of a Diving Instructor No person shall act as a diving instructor unless such person fulfils the requirements established in these standards, as follows: Tourism Legislation Review Page 202 a. A Diving Instructor shall be qualified, as a diving instructor in accordance with MSA EN 14413 - 2 or equivalent; b. A Diving Instructor shall be in possession of a valid medical certificate issued by a doctor specialising in diving medicine stating that the diving instructor is fit to dive. The medical certificate shall valid for one year from the date on which it is issued; c. A Diving Instructor shall be qualified to administer emergency oxygen; d. A Diving Instructor shall hold a valid policy of professional indemnity insurance, the documentary proof of which shall be passed on and held by the Director of Diving. 4.2.3 Only Diving Instructors with the relevant additional certification shall be permitted to conduct recreational dive training which requires special knowledge and training outside that what is normally included in the scuba diving courses satisfying MSA EN 14153-1 to 3 or equivalent and MSA EN 14413 1 and 2 or equivalent. 4.2.4 Duties of a Diving Instructor A Diving Instructor shall have the following duties: a. The Diving Instructor shall be responsible: i. for both the classroom and in-water training of the clients; ii. to carry out and record risk assessments before allowing clients to enter the water; iii. to maintain training records for all clients as required by the training agency for the course being taught; and iv.