// CODE SNIPPET
Section 3316 Hoisting Equipment
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Hoisting equipment shall meet and be used in accordance with the requirements of this section. Material hoists and bucket hoists shall also meet the requirements of Section 3317, personnel hoists shall also meet the requirements of Section 3318, and cranes and derricks shall also meet the requirements of Section 3319.
Hoisting equipment, its supports and runback structures shall be installed, operated, and maintained to eliminate hazard to the public or to property. It shall be unlawful to operate any such equipment that is not provided with a positive means for preventing the unauthorized operation of such machine. The means whereby such machines may be made inoperative shall be accepted by the department.
The owner or person directly in charge of any hoisting equipment shall immediately notify the commissioner following any accident involving hoisting equipment. Following an incident, no person shall permit either of the following, without the permission of the commissioner:
Only operators designated by the person causing such hoisting equipment to be used shall operate such hoisting machinery. Operators and signalmen/signalwomen shall be qualified for the operation they perform. The operator shall be responsible for making the machine inoperative before he or she leaves the machine.
Personnel and building materials connected with or related to the building project shall not be moved by the hoist while it is being installed, jumped, dismantled or altered.
The hoisting or lowering of any article on the outside of any building in the city shall be performed by or under the direct and continuing supervision of a licensed rigger.
- In lieu of a licensed rigger, the hoisting or lowering of a sign may be performed by or under the direct and continuing supervision of a licensed sign hanger.
- Suspended scaffold operations shall meet the requirements of Section 3314.
- In lieu of a licensed rigger, the hoisting or lowering of articles on the outside of a building may be performed by or under the supervision of a competent person designated by the contractor using the equipment provided the following conditions are met:
- The hoisting or lowering occurs in conjunction with:
- All individuals involved in the work are certified or trained in accordance with Section 3316.9.2, where such certification or training is required;
- The hoisting or lowering does not meet the definition of industrial rope access;
- The article being hoisted or lowered is not a boiler or tank;
- The article being hoisted or lowered is not related to the assembly, jumping, or disassembly of a tower or climber crane; and
- Where the hoisting or lowering meets the definition of a critical pick, such critical pick is:
- Performed in accordance with a plan developed by either a:
- Immediately prior to the pick, onsite verification is made to ensure conformance with the plan by either:
- Where the hoisting or lowering is performed under the direct and continuing supervision of a licensed rigger, a specialty crew who is not in the direct employ of the licensee or business of the licensee may be utilized, provided:
The individual supervising the hoisting or lowering in accordance with Section 3316.9.1 shall:
All individuals who attach or detach articles from the hook of hoisting equipment in conjunction with the hoisting or lowering of an article outside of a building, the supervisor of such individuals, and signalpersons communicating with such individuals, shall, eighteen months after the effective date of this section, either:
- Possess a valid certification for both rigging and signaling from an organization acceptable to the commissioner and accredited by the National Commission for Certifying Agencies (NCCA) or the American National Standards Institute (ANSI). The certification shall be valid for a term of no more than five years before it has to be renewed and shall cover areas including, but not limited to, the inspection and use of rigging hardware, basic rigging techniques, signaling, and hazards associated with rigging. The certification for a supervisor shall, in addition to the foregoing, include calculations and problem solving with respect to rigging; or
- Have completed an initial department-approved training course, and four years following the completion of the initial training course, and every four years thereafter, complete a department-approved refresher course. The courses shall be in accordance with the following:
- The initial training course for individuals who attach or detach articles from the hook of hoisting equipment and signalpersons communicating with such shall be, at a minimum, 16 hours long, with the refresher course, at a minimum, 8 hours long. The initial training course for a supervisor shall be, at a minimum, 32 hours long, with the refresher course, at a minimum, 16 hours long.
- The training course shall be conducted by a registered New York State Department of Labor apprenticeship training program or by an educational institution or school chartered, licensed or registered by the New York State Department of Education or by a provider approved by the department and presented by an instructor acceptable to the commissioner.
- Training courses and refresher courses shall cover areas including, but not limited to, the inspection and use of rigging hardware, basic rigging techniques, signaling, and hazards associated with rigging. The training course and refresher course for a supervisor shall, in addition to the foregoing, include calculations and problem solving with respect to rigging. The training course and refresher course, both for crew members and supervisors, shall include a significant portion of hands on training.
- Successful completion of the initial training course and refresher course shall be based upon passage of a written and a practical exam.
- Successful completion of the initial training course and refresher course shall be evidenced by a wallet size certificate card issued by the training provider and acceptable to the commissioner. Such certificate card shall be readily available to the commissioner upon request and shall contain, at a minimum, the following information:
- For individuals who fail to complete the required refresher course within any 4 year period, a refresher course shall be considered timely if completed within 1 year after the expiration date of the last previously completed initial or refresher course. During such period, such individual shall not perform or supervise any activity for which the lapsed training is required to perform or supervise such activity until such individual has successfully completed such refresher course. Where more than 1 year has lapsed, such individual shall be required to successfully recomplete the initial training course.
Exceptions: Training or certification is not required for:
- Individuals working under the direct and continuing supervision of a licensed rigger or sign hanger.
- The loading or unloading of a material delivery truck provided the material is loaded or unloaded only between the ground and the truck, or vice versa, and also provided that the material is not raised more than 12 feet (3658 mm) above the bed of the truck during the loading or unloading process.
- The use of hoisting equipment that has a manufacturer's rated capacity of 2,000 pounds (907 kg) or less.
Any person using industrial rope access methods to descend or ascend outside a building, including the individual supervising such, must be certified by either the Society of Professional Rope Access Technicians ("SPRAT") or the Industrial Rope Access Trade Association ("IRATA"), or an equivalent acceptable to the department. Only hand tools, securely attached to a person, may be carried by such person during the use of industrial rope access methods. Any other tools or equipment must be separately hoisted or lowered.