Section 3319 Cranes and Derricks

The construction, installation, inspection, maintenance and use of cranes and derricks shall be in conformance with the requirements of this section, Section 3316, and with rules promulgated by the commissioner.

Personnel shall comply with Sections 3319.2.1 through 3319.2.3.

*Section 3319.2 was amended by Local Law 14 of 2018. This law has an effective date of December 31, 2017.

The hoisting machine operator shall be licensed as required by Chapter 4 of Title 28 of the Administrative Code.

Rigging work must be supervised in accordance with Section 3316.9.1 and where required, riggers must be licensed in accordance with Chapter 4 of Title 28 of the Administrative Code.

Lift directors shall be designated, and perform the duties assigned to them, in accordance with rules promulgated by the commissioner. Such duties shall include, but not be limited to, ensuring compliance with approved plans, traffic and pedestrian controls, and weather restrictions.

No owner or other person shall authorize or permit the operation of any crane or derrick without a certificate of approval, a Certificate of Operation and a Certificate of On-site Inspection.

Exceptions:

1. The requirements of this section shall not apply to excavating or earth-moving equipment, except cranes used with clamshells.

2. The requirements of this section shall not apply to cranes or derricks performing an emergency use pursuant to the lawful order of the head of any department.

3. The requirements of this section shall not apply to mobile cranes, including jibs and any other extensions to the boom not exceeding 50 feet (15 240 mm) in length and with a manufacturer's rated capacity of 3 tons (2722 kg) or less.

4. The requirements of this section shall not apply to mobile cranes, including jibs and any other extensions, exceeding 50 feet (15 240 mm) but not exceeding 135 feet (41 148 mm) in length, and with a manufacturer's rated capacity of 3 tons (2722 kg) or less, except that a Certificate of Operation, as provided for in Section 3319.5, shall be required. The requirement for a Certificate of Operation shall not apply to such a crane used exclusively as a man basket. The commissioner may, by rule, exempt other mobile cranes of limited size from any or all requirements of this section.

5. The requirements of this section shall not apply to hoisting machines permanently mounted on the bed of material delivery trucks that are used exclusively for loading and unloading such trucks, provided that the length of boom does not exceed the length of the truck bed by more than 5 feet (1524 mm) and that any material transported thereon shall not be raised more than 2 feet (610 mm) in the unloading process. Operators of such equipment shall be exempt from licensing requirements described in Chapter 4 of Title 28 of the Administrative Code.

6. The requirements of this section shall not apply to cranes or derricks used in industrial or commercial plants or yards not used for the construction of the facility. Floating cranes, floating derricks, and cranes and derricks used on floating equipment shall also be exempt from the requirements of this section. Operators of such equipment shall be exempt from the licensing requirements described in Chapter 4 of Title 28 of the Administrative Code.

7. The requirements of this section shall not apply to augurs, churn-drills and other drilling equipment not used for hoisting any objects. Operators of such equipment shall be exempt from the licensing requirements described in Chapter 4 of Title 28 of the Administrative Code.

8. The requirements of this section shall not apply to derricks having a maximum rated capacity not exceeding 1 ton (907 kg).

9. The requirements of this section shall not apply to mechanic's truck with a hoisting device when used in activities related to the maintenance and repair of construction-related equipment.

10. The requirements of this section shall not apply to articulating boom cranes that do not have an integral hoisting mechanism, and that are used exclusively for loading and unloading of trucks or trailers, provided that the length of boom does not exceed 135 feet (41 148 mm) and that any material transported thereon shall not be raised more than 100 feet (30 480 mm) in the unloading process. Operators of such equipment shall be exempt from licensing requirements described in Chapter 4 of Title 28 of the Administrative Code.

Certificates of Approval shall comply with the following:

1. The manufacturer, owner, or designated representative of a crane or derrick for which a Certificate of Approval is sought shall file an application for such Certificate of Approval and provide such information as set forth in rules promulgated by the commissioner.

2. Upon the department's approval of the application described in Item 1 above, the department shall issue a Certificate of Approval for the equipment and an approval of the submitted load rating chart.

3. A new Certificate of Approval shall be required when a crane or derrick is modified or altered to increase the boom length, jibs or any extensions to the boom beyond the maximum approval length or when the load ratings are increased.

Certificates of Operation shall comply with the following:

1. The commissioner shall issue the initial Certificate of Operations for the crane or derrick with Certificate of Approval upon satisfactory inspection and test indicating that such crane or derrick is in a safe operating condition. The initial Certificate of Operation shall expire 1 year from the date of issuance.

2. The owner of a crane or derrick covered by the Certificate of Operation shall renew the Certificate of Operation each year.

3. If the owner of the covered crane or derrick applies for renewal of a certificate of operation within not more than 60 nor less than 30 days prior to the date of its expiration, such owner may continue to use the covered crane or derrick until the department grants or denies a new certificate.

4. When a crane or derrick configuration is changed to increase the boom length, jibs or any extensions to the boom beyond the maximum approval length or when the load ratings are increased, a new Certificate of Operation shall be required. In such a case, the crane or derrick may not be operated until the new Certificate of Operation is obtained.

5. An application for a new certificate of operation shall be submitted when attachments that affect the stability or structure of the crane or derrick are added. Calculations and load rating charts as required by rules promulgated by the commissioner shall be submitted with the renewal request.

Certificates of on-site inspection shall comply with the following:

1. The equipment user, or his or her designated representative, shall obtain a Certificate of On-site Inspection for the use of any crane or derrick used for construction or demolition purposes at each job site. Such application for the Certificate of On-site Inspection shall include information set forth in rules promulgated by the commissioner.

2. Upon approval of the application, a copy of such approval shall be given to the applicant. It shall be unlawful to operate the equipment that is the subject of the approval until it has been inspected and found to be satisfactory by the department as set forth in rules promulgated by the commissioner. Upon inspection and a finding of satisfactory compliance, the approval shall be deemed a Certificate of On-site Inspection, which shall expire one year from the date of issuance. A Certificate of On-site Inspection may be renewed in accordance with rules promulgated by the commissioner.

3. The Certificate of On-site Inspection is valid only if the conditions and statements contained in the approved application are complied with, and the crane or derrick is operated in conformance with the provisions of this section and the rules applicable thereto.

4. A Certificate of On-site Inspection is not required for cranes or derricks performing work exempted from such requirement by rules promulgated by the commissioner.

The commissioner may issue temporary Certificates of Approval, operation and on-site inspection for any crane or derrick during the pendency of an application for Certificates of Approval and operation upon inspection and upon such analysis and testing as the commissioner may deem necessary. The commissioner may revoke such temporary certificates if the application is denied.

Tower and climber cranes shall comply with the following requirements:

An erection, jumping, climbing and dismantling plan for tower or climber cranes, other than truck and crawler mounted tower cranes, shall be submitted to the department by a licensed engineer. The plan must be prepared by a licensed engineer in conjunction with a licensed rigger and must be in compliance with the manufacturer's recommendation for erection, jumping, climbing, or dismantling of the specific crane where such manufacturer's recommendations exist. The plan must be filed with the certificate of on-site inspection application as required by Section 3319.3. No erection, jumping, climbing, or dismantling of a tower or climber crane shall take place without the prior issuance of a certificate of on-site inspection by the cranes and derricks unit. The plan shall include the following:

1. Identification of the equipment proposed to be used; including all machines proposed to be used in the erection or dismantling;

2. A detailed identification of the assemblies and components required for the erection and dismantling of the equipment;

3. Location of the equipment, sidewalk sheds (or Department of Transportation street closing permits, if applicable), surrounding buildings, protection for their roofs and the pick-up points, loads, and radius of swing of all loads. In addition, the safe load from the approved load radius chart shall be submitted for lift radius;

4. A weight list of all assemblies and components proposed to be lifted. Components are to be clearly marked with their weight painted on the assembly or stamped on metal tags attached to the assembly. The manufacturer of the climber or tower crane shall certify the weight of assemblies and components. Alternately, in lieu of painted weight markings or metal tags, or when the manufacturer's certification is not available, the licensed engineer applicant shall certify an erection, jumping, climbing or dismantling weight list indicating how such weights were determined;

5. The center of gravity of all asymmetrical components shall be located and shown;

6. A sequence of operation detailing the erection, jumping, climbing, and dismantling, along with the rigging materials to be used in such operations;

7. The certification of the calibration as required in Item 6 of Section 3319.8.8;

8. Cranes or derricks located either within the lot line or on the street and used to erect, jump, climb, or dismantle a tower or climber crane shall be indicated;

9. The names and contact information of the licensed master, climber or tower crane rigger, rigger foreman, and the crane safety coordinator or designee, along with the name and contact information of the company performing the erection, dismantling, climbing and/or jumping work.

*Section 3319.8.1 was amended by Local Law 14 of 2018. This law has an effective date of December 31, 2017.

The general contractor must hold a safety coordination meeting prior to the initial erection, as well as the dismantling or initial jump down, of a climber or tower crane. No work related to the erection, climbing, jumping or dismantling of the tower or climber crane may be performed without the safety coordination meeting having taken place. The following parties must be present at the safety coordination meeting:

1. General contractor or designee;

2. Professional engineer of record for the crane or designee;

3. Licensed master, tower or climber crane rigger and rigger foreman;

4. Site safety manager or coordinator, if required for the job by Chapter 33 of the code;

5. Licensed crane operator and oiler; and

6. Any other parties the department deems necessary.

*Section 3319.8.2 was amended by Local Law 14 of 2018. This law has an effective date of December 31, 2017.

The general contractor must coordinate a pre-jump safety meeting no more than 24 hours prior to each instance of a tower or climber crane jump or climb. No work related to the jumping or climbing of the tower or climber crane may be performed without the pre-jump safety meeting having taken place. The following parties must be present at the pre-jump safety meeting:

1. General contractor or designee;

2. Licensed master, tower or climber crane rigger and rigger foreman;

3. Site safety manager or coordinator, if required for the job by Chapter 33 of the building code;

4. Licensed crane operator and oiler;

5. "Jumping" crew and back-up personnel;

6. Flagman/woman where required;

7. Signalman/woman and communications personnel; and

8. Any other parties the department deems necessary.

*Section 3319.8.3 was amended by Local Law 14 of 2018. This law has an effective date of December 31, 2017.

The general contractor must notify the department at least 48 hours in advance of any safety coordination meeting or pre-jump safety meeting. No work related to the erecting, jumping, climbing, or dismantling of the tower or climber crane is to be performed without prior notice of the meeting having been given to the department.

A time schedule including date and time of day that the erection, jumping, climbing, or dismantling is proposed to take place shall be provided as soon as it is known by the general contractor.

The following topics are to be covered during safety coordination and pre-jump safety meetings:

1. Scope of work;

2. Roles and responsibilities;

3. Rigging to be used and the specific sequence of operations;

4. Inspection of all rigging equipment, materials, and tools prior to work;

5. Review of all equipment, including but not limited to, collars, ties, and bolts;

6. Permit validity;

7. Qualifications and training of personnel;

8. Relevant weather warnings;

9. Compliance with the manufacturer's manual; and

10. Softening mechanisms, if using nylon slings.

The general contractor, or his or her designee, and/or the company erecting, jumping, climbing, or dismantling the tower or climber crane shall keep a log on site and available to the department at all times that shall include:

1. The dates and times of all safety coordination meetings and pre-jump safety meetings held;

2. The names, titles, and company affiliations of all those present at the meetings;

3. A summary of what was discussed during each meeting, including specific tasks and the name of the person to whom they were assigned;

4. A list of the decisions made at the meeting; and

5. Certification of worker training pursuant to Section 3319.10.

Prior to jumping or climbing a tower or climber crane, the engineer of record for the crane must provide the department with a certified, signed, and sealed report stating that:

1. He or she (or his or her designee) has inspected the crane installation prior to the pre-jump safety meeting, and providing the date of inspection;

2. He or she has found no hazardous conditions during the crane inspection or any other condition within his or her purview that adversely affects the safety of erection, dismantling, climbing, or jumping operations;

3. The crane is installed according to the plans approved by the department as well as in accordance with the manufacturer's specifications to the extent applicable; and

4. The appropriate technical testing records for the crane, including torque, plumb, and magnetic particle or other appropriate reports comply with safety requirements and with the manufacturer's specifications.

The erection, jumping, climbing, and dismantling operations for tower and climber cranes shall be subject to the following requirements:

1. The licensed master, tower or climber crane rigger, the rigger foreman, and the crane safety coordinator or designee, shall be present at the job site during erection, jumping, climbing, and dismantling of the tower or climber crane;

2. Cranes or derricks located either within the lot line or on the street, and used to erect, jump, climb, or dismantle tower or climber cranes, shall be subject to certificate of on-site inspection requirements;

3. A load radius chart approved by department shall be posted in the cabin of the crane;

4. The approved erection, jumping, climbing, or dismantling procedure and sequence, with weights of assemblies and components clearly marked, shall be given by the crane safety coordinator to the licensed operator of the crane or derrick and to the rigger prior to commencement of the work;

5. No tower or climber crane shall be placed, erected or disassembled in any roadway, sidewalk, or street unless a permit is first obtained from the New York City Department of Transportation;

6. All accepted or approved installed safety devices on a crane involved in the erection, jumping, climbing, or dismantling procedure shall have been calibrated within the time period provided by department rules or manufacturer's specifications; and

7. The safety devices of the tower or climber crane shall be inspected by the licensed crane operator as part of the inspection procedure.

*Section 3319.8.8 was amended by Local Law 14 of 2018. This law has an effective date of December 31, 2017.

Slings shall be used in accordance with the following requirements and any rules promulgated by the commissioner.

Nylon slings shall only be used in conjunction with climber or tower crane erection, jumping, climbing, and dismantling if the manufacturer's manual specifically states or recommends the use of nylon slings. Nylon slings shall not be used unless softening mechanisms have been applied to all sharp edges.

Discarded rope shall not be used for slings.

All workers engaged in the erection, jumping, climbing, rigging, or dismantling of a climber or tower crane, including the licensed rigger and the rigger foreman, shall have satisfactorily completed a department-approved training course of not less than thirty hours. Such course shall, at a minimum, include instruction on fall protection, crane assembly and disassembly, pre-lift planning, weights and materials, the use of slings, lifting/lowering loads, signaling and other proper means of communication with the crane operator, crane and hoist inspections, rigging requirements, and generally how to avoid accidents with cranes and hoists. The commissioner may by rule identify additional types of cranes for which such training is necessary. Any person who, within the three years prior to the effective date of this section, has successfully completed at least a thirty-hour training course need not take a second thirty-hour course, provided such person can provide to the department a dated certificate as set forth in this section evidencing completion of such a training course. Such person shall, however, take a department-approved eight-hour re-certification course within three years of the initial course and every three years thereafter. Successful completion of the training or re-certification course shall be evidenced by a dated certificate issued by the provider of the training or re-certification course. The certificate shall include such information as specified by the department by rule. The certificate, or a valid wallet card version thereof, shall be readily available to the commissioner upon request.

Such training or refresher course shall be conducted (i) pursuant to a registered New York state department of labor training program, or (ii) by a provider approved by the department.

Prior to erecting, jumping, climbing or dismantling the climber or tower crane, or other crane type the commissioner specifies by rule, the master, climber or tower crane rigger shall certify in the meeting log, described in Section 3319.8.6, that the rigger foreman and all other members of the "jumping crew" and back-up personnel have satisfactorily completed all training requirements.

No crane operation that requires a certificate of on-site inspection, and other such types of crane operations where identified in rules promulgated by the commissioner, shall commence unless the crane is equipped with a global positioning system, or other similar device, that is approved by the department and capable of transmitting the location of the crane to which it is attached to the department. Where no such system or device has been approved by the department, (i) no crane operation subject to the provisions of this section shall commence until after the department has been notified by the equipment user, in a form and manner approved by the commissioner, of the date upon which the crane will arrive at the site, and (ii) upon the conclusion of the work, the equipment user shall also notify the department, in a form and manner approved by the commissioner, of the date of the departure of the crane from the site.

Exception: Crane operations that utilize tower or climber cranes and require submission of an erection, jumping, climbing and dismantling plan to the department by a licensed engineer.

*Section 3319.11 was amended by Local Law 77 of 2017. This law has an effective date of May 1, 2018.

No certificate of operation for a crane shall be issued or renewed on or after January 1, 2019, unless the crane is equipped with an event recorder that is supplied by the crane manufacturer, or by a dealer, distributor, vendor, or third-party authorized crane manufacturer.

Exception: Cranes where the manufacturer certifies to the department that an event recorder cannot be installed on the crane due to a technological limitation.

*Section 3319.11 was amended by Local Law 79 of 2017. This law has an effective date of January 1, 2019.

At a minimum, the event recorder shall collect the following data:

1. Crane configuration;
2. Any overload condition;
3. Status of limit switches; and
4. Operator overrides.

*Section 3319.11.1 was amended by Local Law 79 of 2017. This law has an effective date of January 1, 2019.

Data collected by the event recorder shall be made available to the commissioner upon request. *Section 3319.11.2 was amended by Local Law 79 of 2017. This law has an effective date of January 1, 2019.