Chapter 1 Material and Equipment Application Procedures

Chapter 2 Boiler Inspections

Chapter 3 Vacant and Unguarded Buildings

Chapter 4 Certificates of Occupancy, Live Loads and Occupancy Loads

Chapter 5 Concrete

Chapter 6 Cranes

Chapter 8 Demolition

Chapter 9 Rigging Operations

Chapter 10 Drums for Derrick Load and Boom Hoists

Chapter 11 Elevators, Escalators, Personnel Hoists and Moving Walks

Chapter 12 Emergency Power Systems

Chapter 13 Adjudications

Chapter 14 Fees [Repealed]

Chapter 15 Fire Protection

Chapter 16 Inspection of Existing Structures During Construction Operations

Chapter 17 Testing Laboratories and Testing Services

Chapter 18 Resistance to Progressive Collapse Under Extreme Local Loads

Chapter 19 Master Plumbers and Licensed Fire Suppression Piping Contractors

Chapter 20 Piping Systems

Chapter 21 Plans

Chapter 22 Pressure Tanks

Chapter 23 Noncommercial Greenhouses

Chapter 24 Refuse Chutes and Refuse Rooms

Chapter 25 Climber and Tower Crane Riggers

Chapter 27 Signs

Chapter 28 Smoke Detecting Devices and Systems and Carbon Monoxide Detecting Devices and Systems

Chapter 29 Sprinkler Systems

Chapter 30 Storage of Certain Waste Materials

Chapter 31 Suspension, Revocation or Limitation of Registration [Repealed]

Chapter 32 Walls [Repealed]

Chapter 33 Exemptions From Civil Penalties

Chapter 34 Electrical Code Rules

Chapter 35 Electrical Inspection

Chapter 36 Electrical Contractors

Chapter 37 Reference Standards

Chapter 38 Ventilation

Chapter 39 Cooling Towers and Evaporative Condensers

Chapter 40 Installation and Maintenance of Gas-Fueled Water and Space Heaters in All Portions of Dwellings Used or Occupied for Living Purposes

Chapter 41 Venting of Gas Water Heaters and Other Gas Appliances in Multiple Dwellings

Chapter 42 Entrance Doors, Locks and Intercommunication Systems

Chapter 43 Installation of Security Items in Multiple Dwellings

Chapter 44 Exemptions From Filing Requirements [Repealed]

Chapter 45 Building Permit Application Procedures

Chapter 46 Authorized Representatives

Chapter 48 Construction Superintendents [Repealed]

Chapter 49 Outdoor Signs

Chapter 50 Distributed Energy Resource Standards

Chapter 51 Dormitories

Chapter 52 Notification to the Department of Commencement of Work Pursuant to an Earthwork Permit

Chapter 100 [Administration; Enforcement; Maintenance of Buildings; Licensing; Miscellaneous Provisions]

Chapter 300 Use and Occupancy Classification

Chapter 400 Special Detailed Requirements Based on Use and Occupancy

Chapter 900 Fire Protection Systems

Chapter 1000 Means of Egress

Chapter 1100 Accessibility

Chapter 3000 Elevators and Conveying Systems

Chapter 3300 Safeguards During Construction and Demolition

Chapter 3500 Referenced Standards

Chapter 3600 Appendices

Chapter 4000 Electrical Code

Chapter 5000 New York City Energy Conservation Code

Chapter 6000 Fuel Gas Code

Chapter 7000 Mechanical Code

Chapter 8000 New York City Plumbing Code

Chapter 9000 Zoning

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   (a)   References. See Sections 3307 and 3301.9 of the New York City Building Code (BC).
   (b)   Definitions. For the purposes of this section, the following terms have the following meanings:
      (1)   Best construction site management program. A plan designed to help reduce construction impact on the surrounding community by monitoring certain activities at construction sites. This program shall be developed and implemented at one or more sites by a party who is independent of the contractor.
      (2)   Contractor. A general contractor or, for a demolition site, the demolition contractor.
      (3)   Department's acceptance logo. A logo provided by the Department that indicates the Department has accepted the best construction site management program and that may be displayed on the sidewalk shed parapet panel along with the program name or logo at a site utilizing an accepted best construction site management program.
      (4)   Designated responsible party. The person in charge of implementing the best construction site management program and authorized to receive notices from the Department. This party shall be designated by the person, corporation or other legal entity operating the program.
      (5)   Project information panel. A project information panel required to be posted on a construction fence as set forth in BC Section 3301.9.1.
      (6)   Sidewalk shed parapet panel. A sidewalk shed parapet panel required to be posted on a sidewalk shed as set forth in BC Section 3301.9.2.
      (7)   Site. A construction or demolition site.
   (c)   Project information panels at government-owned sites and at sites with government funding. Project information panels at government-owned sites and at sites with government funding must conform to all requirements set forth in BC Section 3301.9 except as provided in this section.
      (1)   Content of project information panels at government-owned sites and at sites with government funding. Project information panels at government-owned sites and at sites with government funding must include the following information (see Figures 1, 2 , and 3):
         (i)   A rendering, elevation drawing, site plan, or zoning diagram of the building exterior that does not contain logos or commercially recognizable symbols;  Exception: A rendering, elevation drawing, site plan or zoning diagram of the building exterior is not required for demolition projects.
         (ii)   A title line stating "Work in Progress:" and specifying the nature of the project;
         (iii)   Anticipated project completion date;
         (iv)   The name of the government entity owning the site and/or funding the project;
         (v)   Website address to contact for project information;
         (vi)   The corporate name and telephone number of the contractor;
         (vii)   The statement, in both English and Spanish, "TO ANONYMOUSLY REPORT UNSAFE CONDITIONS AT THIS WORK SITE, CALL 311" and
         (viii)   A copy of the primary project permit, with accompanying text "To see other permits issued on this property, visit: www.nyc.gov/buildings." The permit shall be laminated or encased in a plastic covering to protect it from the elements or shall be printed directly onto the project information panel.  In addition to the above requirements, the name(s) of government official(s) may be incorporated into the panel in accordance with Figures 1, 2 and 3.
      (2)   Specifications for project information panels at government-owned sites and at sites with government funding. Project information panels shall be 6 feet (1829 mm) wide and 4 feet (1219 mm) high, with the content required by paragraph (1) of this subdivision arranged in accordance with Figures 1, 2 and 3, as applicable. The content required by subparagraphs (ii) through (vii) of paragraph (1) of this subdivision shall be written in the Calibri font or similar sans serif font style, with letters a minimum of 1 inch (25 mm) high, as measured by the upper case character. Such letters shall be white, on a blue background, with such blue color of a shade matching Pantone 296, or RGB 15, 43, 84, or CMYK 100, 88, 38, 35.  Exceptions:
         (i)   The dimensions for a project information panel posted in conjunction with a demolition project shall be 2 feet 4 inches (711 mm) wide and 4 feet (1219 mm) high, in accordance with Figure 1.
         (ii)   For construction sites with a street frontage less than 60 feet (18 288 mm), the dimensions for a project information panel, other than that posted in conjunction with a demolition project, shall be 55 inches (1397 mm) wide and 36.5 inches (927 mm) high, in accordance with Figure 3.
Figure
Fence Project Information Panel Text Detail
 
Figure
Fence Project Information Panel Layout
Figure
Fence Project Information Panel Layout for Small Lots
   (d)   Best construction site management program.
      (1)   Scope. This section outlines the requirements for Department-accepted best construction site management programs and the duties of the designated responsible party. Unless otherwise authorized under the Administrative Code or Department rules, only Department-accepted best construction site management programs may be identified on a sidewalk shed parapet panel.
      (2)   Department authority. The Department may accept one or more best construction site management programs pursuant to the authorization set forth in BC 3301.9.2.7.
      (3)   Application and acceptance.
         (i)   Application for acceptance shall be made on forms to be furnished by the Department and shall contain such information as the Department shall prescribe, including, but not limited to, the name, address and contact information of the person, corporation or other legal entity operating the program and the name, address and contact information for the designated responsible party.
         (ii)   The Department may accept a best construction site management program if the Department receives a completed application that includes a detailed plan that demonstrates to the Department's satisfaction that the program is designed to ensure that its participating work sites are well-managed, clean and responsive to community concerns. The plan must include, at a minimum, the duties listed in paragraph (4) of this subdivision.
         (iii)   Applications must include a certification by the program's designated responsible party that such plan will be implemented at all times at each of the program's participating sites.
      (4)   Duties of the designated responsible party.
         (i)   The designated responsible party will monitor the contractor and the site to ensure the maintenance of publicly accessible areas within or surrounding the site and site operations, including, but not limited to, the following:
            (A)   Maintain free of any construction debris, or rubbish, materials and equipment;
            (B)   Maintain all areas and surfaces such that they are neat, clean and free of damage, illegal signage, graffiti and sharp objects;
            (C)   Maintain free of snow and ice on sidewalks and snow and ice that poses potential danger to the public.
         (ii)   The designated responsible party will monitor the contractor and the site to ensure that the community impact is minimized, which includes, but is not limited to, the following areas:
            (A)   Installation of enhanced netting systems and sidewalk protections.
            (B)   Reduction or shielding the public from noise, vibration, dust and noxious substances;
            (C)   Protection of street trees, plants, sidewalk amenities and furniture; and
            (D)   Mitigation of nuisance and environmental complaints.
         (iii)   The designated responsible party will promote community relations, including, but not limited to, the following:
            (A)   Establish a method to receive and provide responses to complaints or questions and to provide timely updates about on-going construction operations, including project scope and expected duration of the project;
            (B)   Provide notification to the respective Community Board prior to affixing the best construction site management program name or logo on a sidewalk shed parapet panel at a participating site; and
            (C)   For new buildings, alterations or demolitions of major buildings, as that term is defined in Chapter 33 of the New York city building code, provide live project updates to the respective community board within thirty (30) days of a site joining a best construction site management program and every six months thereafter.
         (iv)   The designated responsible party will conduct periodic reviews of its participating sites to verify program compliance. Such reviews must be conducted more frequently if so directed by the Department.
         (v)   The designated responsible party will maintain the following records until construction is complete and make them available to the Department upon request:
            (A)   Current list of the participating site addresses, contractor name, address and contact number and the owner name and address;
            (B)   Details of each review with respect to any program requirements set forth in paragraph (4) of this subdivision and any actions resulting therefrom; and
            (C)   Details of complaint resolution for each complaint, including mitigation strategies.
         (vi)   The designated responsible party will develop a process for:
            (A)   Notifying the Department of any changes to the best construction site management program, plan or the designated responsible party within ten days of such change; and
            (B)   Notifying the contractor and owner if the best construction site management program is no longer accepted by the Department or if an order has been issued by the Commissioner instructing that the program's name or logo and the Department's acceptance logo must be immediately removed from the sign.
   (e)   Revocation.
      (1)   Failure to comply with duties. Following notice and an opportunity to be heard, the Department may revoke acceptance of a best construction site management program and order removal of the program's name or logo and Department acceptance logo from the sidewalk shed parapet panel at a particular site or at all the program's sites for failure to comply with the duties set forth in paragraph (4) of subdivision (d) of this section and the plan described in the accepted best construction site management program application.
      (2)   Failure to ensure compliance with plan. Following notice and an opportunity to be heard, the Department may order removal of the program's name or logo and Department acceptance logo from the sidewalk shed parapet panel at a particular site where the best construction site management program fails to ensure that the participating work site is well-managed, clean and responsive to community concerns.
      (3)   Removal of logos. If the program's name or logo and the Department's acceptance logo are not removed from the sidewalk shed parapet panel within 10 days of the order, the Department may cover the program's name or logo and the Department acceptance logo, at the owner's expense.
      (4)   Continuation of program without logos. Revocation of the Department's program acceptance or order to remove the program name or logo and the Department's acceptance logo at a particular site, shall not affect the ability of the best construction site management program to continue its mission without inclusion of its name or logo on the sidewalk shed parapet panel and without reference to Department program acceptance.
   (a)   Definitions. For the purposes of this section, the following terms shall have the following meanings:
      Accident. See Section 3302.1 of the New York City Building Code.
      Approved construction documents. For the purpose of this section, approved construction documents will include any and all documents that set forth the location and entire nature and extent of the "work" proposed with sufficient clarity and detail to show that the proposed work conforms to the provisions of this code and other applicable laws and rules. Such documents will include but not be limited to shop drawings, specifications, manufacturer's instructions and standards that have been accepted by the design professional of record or such other design professional retained by the owner for this purpose.
      Commissioner. The Commissioner of the Department of Buildings, or his or her designee.
      Competent person. See Section 3302.1 of the New York City Building Code.
      Construction. See Section 3302.1 of the New York City Building Code.
      Construction superintendent. An individual registered with the department and responsible for all duties as defined in this section.
      Days. Calendar days, unless otherwise specified.
      Demolition. See Section 3302.1 of the New York City Building Code.
      Full demolition. See Section 3302.1 of the New York City Building Code.
      Partial demolition. See Section 3302.1 of the New York City Building Code.
      Department. The Department of Buildings.
      Job. A design and construction/demolition undertaking consisting of work at one building or structure, as well as related site improvements and work on accessory structures. A job may consist of one or more plan/work applications, and may result in the issuance of one or more permits.
      Permit holder. The individual who receives the primary Department-issued permit for the job.
      Registered design professional. See Section 28-101.5 of the Administrative Code.
   (b)   Designation of construction superintendent.
      (1)   Jobs for which a construction superintendent is required. A construction superintendent is required for the following types of jobs:
         (i)   The construction of a new building;
         (ii)   The full demolition of an existing building;
         (iii)   An alteration to an existing building that involves one or more of the following:
            (A)   A vertical enlargement;
            (B)   A horizontal enlargement;
            (C)   The alteration or demolition of more than fifty percent (50%) of the floor area of the building during the course of work over any twelve (12) month period;
            (D)   The removal of one (1) or more floors during the course of work over any twelve (12) month period;
            (E)   Work that requires a special inspection for underpinning; or
            (F)   Work that requires a special inspection for the protection of sides of excavations.
         (iv)   Other jobs that pose an enhanced risk to the public and property, as determined by the commissioner.
         Exceptions: Notwithstanding the above, a construction superintendent is not required for:
         1.   A job for which a site safety plan is required;
         2.   The construction of a new 1-, 2-, or 3-family building; or
         3.   A job for which the Department issued or renewed the primary alteration permit within three months of the effective date of this rule.
      (2)   Designation of a primary construction superintendent. For jobs requiring a construction superintendent, the permit holder must designate a primary construction superintendent, prior to the commencement of work, in a form and manner acceptable to the department.
      (3)   Change of designation. The permit holder must immediately notify the department, in a form and manner acceptable to the department, of any permanent change to the primary construction superintendent.
      (4)   Alternate construction superintendent. In the event the primary construction superintendent is temporarily unable to perform his or her duties, an alternate construction superintendent, designated by the permit holder and acceptable to and acting on behalf of the primary construction superintendent, must fulfill the duties of the primary construction superintendent. In the event that an alternate construction superintendent will be acting in place of the primary construction superintendent for a period longer than two consecutive weeks, the permit holder must notify the Department, in a form and manner acceptable to the Department, of such change.
      (5)   Limitations. An individual may only be designated as a primary or alternate construction superintendent for that number of jobs for which he or she can adequately perform all required duties. No individual may be designated as the primary construction superintendent on more than ten (10) jobs.
   (c)   Duties of construction superintendent.
      (1)   Safe site. The construction superintendent must act in a reasonable and responsible manner to maintain a safe job site and assure compliance with Chapter 33 of the New York City Building Code and any rules promulgated thereunder at each job site for which the construction superintendent is responsible.
      (2)   Compliance with plans. To the extent that a registered design professional or special inspection agency is not responsible, the construction superintendent must assure compliance with the approved construction documents at each job site for which the construction superintendent is responsible.
      (3)   Administrative code duties. The construction superintendent must fulfill the duties of a superintendent of construction assigned by Chapter 1 of Title 28 of the New York City Administrative Code at each job site for which the construction superintendent is responsible.
      (4)   Daily visit. Beginning three months after the effective date of this rule, the construction superintendent must visit each job site for which the construction superintendent is responsible each day when active work is occurring.
         Exceptions: The construction superintendent is not required to be present at the site during the following activities, provided no other work is in progress:
         1.   Surveying that does not involve the disturbance of material, structure, or earth;
         2.   Use of a hoist to transport personnel only;
         3.   Use of a material hoist that is fully enclosed within the perimeter of the building;
         4.   Finish trowelling of concrete floors;
         5.   When personnel are provided for temporary heat, light, or water; or
         6.   Truck deliveries to the site where the sidewalk is closed and the entrance gate is within that closed sidewalk area.
      (5)   Inspection. Each time the construction superintendent visits a job site for which he or she is responsible, the construction superintendent must inspect all areas and floors where construction or demolition work, and ancillary activity, is occurring, and:
         (i)   Verify work is being conducted in accordance with sound construction/demolition practices;
         (ii)   Verify compliance with the approved construction documents; and
         (iii)   Verify compliance with Chapter 33 of the Building Code and any rules promulgated thereunder.
      (6)   Correcting unsafe conditions. In the event the construction superintendent discovers work at a job site for which he or she is responsible that is not being conducted in accordance with sound construction/demolition practices, not in compliance with approved construction documents, or not in compliance with Chapter 33 of the Building Code and any rules promulgated thereunder, the construction superintendent must immediately notify the person or persons responsible for creating the unsafe condition, order the person or persons to correct the unsafe condition, and take all appropriate action to ensure the unsafe condition is corrected. Where an unsafe condition relates to an item which a registered design professional or special inspection agency is responsible for implementing or verifying, the construction superintendent must also notify the responsible registered design professional or special inspection agency of the unsafe condition. All such unsafe conditions, notices, orders, and corrective work must be recorded in the log required by subdivision (d) of this section.
      (7)   Notification of conditions to the Department. The construction superintendent must immediately notify the Department, in a form and manner acceptable to the Department, when he or she discovers at any job site for which the construction superintendent is responsible any of the conditions listed in Section 3310.8.2.1 of the New York City Building Code. Notification to the Department does not relieve the construction superintendent of his or her obligations under paragraph (6) of this subdivision.
      (8)   Reporting of accidents and damage to adjoining property. The construction superintendent must immediately notify the Department, in a form and manner acceptable to the Department, of any accident at any job site for which the construction superintendent is responsible, or any damage to adjoining property caused by construction or demolition activity at the job site.
      (9)   Log. The construction superintendent must complete the log required by subdivision (d) of this section each time he or she visits a job site for which he or she is responsible.
      (10)   Competent person. The construction superintendent must designate a competent person for each job site for which the construction superintendent is responsible and ensure such competent person is present at the designated job site at all times active work occurs. The designation of a competent person does not alter or diminish any obligation imposed upon the construction superintendent. The competent person must carry out orders issued by the construction superintendent; be able to identify unsanitary, hazardous or dangerous conditions; take prompt corrective measures to eliminate such conditions; immediately report to the construction superintendent accidents at the job site or any damage to adjoining property caused by construction or demolition activity at the job site; and be able to effectively communicate workplace instructions and safety directions to all workers at the site.
   (d)   Log. The construction superintendent must maintain a log at each job site for which the construction superintendent is responsible. Such log must be made available to the commissioner upon request.
      (1)   Log contents. The log, at a minimum, must contain the following information:
         (i)   The presence of the construction superintendent at the job site as evidenced by his or her printed name and signature and a notation indicating the times of arrival at, and departure from the site, which must be recorded immediately after arriving at the site and immediately prior to leaving the site, respectively;
         (ii)   The general progress of work at the site, including a summary of that day's work activity;
         (iii)   The construction superintendent's activities at the site, including areas and floors inspected;
         (iv)   Any unsafe condition(s) observed per paragraph (6) of subdivision (c) of this section, and the time and location of such unsafe condition(s);
         (v)   Orders and notice given by the construction superintendent per paragraph (6) of subdivision (c) of this section, including the names of individuals issued orders or notices, any refusals to comply with orders or respond to notice given, follow up action taken by the construction superintendent, and where the violation is corrected, the nature of the correction;
         (vi)   Any violations, stop work orders, or summonses issued by the department, including date issued and date listed or dismissed;
         (vii)   Any accidents; and
         (viii)   The name of the competent person designated in accordance with paragraph (10) of subdivision (c) of this section, along with an accompanying signature of the competent person. If the construction superintendent assigns a new competent person, the date and time of this change, along with the name of the new competent person, must be recorded, accompanied by the signature of the new competent person. If the construction superintendent is not at the site when this occurs, the new competent person must instead make the log entry, which the construction superintendent must sign and date upon his or her next visit to the job site.
      (2)   Completed. The construction superintendent must complete the log prior to departing the job site.
      (3)   Signed and dated. The construction superintendent must sign and date each day's log entry.
      (4)   Form and manner. The log must be organized and recorded in a form and manner acceptable to the Department.
   (e)   Registration of construction superintendents. Construction superintendents must be registered with the Department, in accordance with the following provisions.
      (1)   Form and manner of registration. An application for registration as a construction superintendent must be submitted in a form and manner acceptable to Department, and provide such information as the department may require.
      (2)   Qualifications. All applicants for construction superintendent registration are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code and must submit satisfactory proof establishing that the applicant:
         (i)   Is able to read construction plans and specifications; and
         (ii)   Has satisfactorily completed, within two (2) years prior to the date of application, a course that is at least ten hours (10) in length and approved by the United States Department of Labor Occupational Safety and Health Administration (OSHA) in construction industry safety and health; and also meets one of the following:
            (A)   Is a registered design professional and has satisfactorily completed, within one (1) year prior to the date of the application, an 8-hour Site Safety Coordinator course approved by the department;
            (B)   Holds a Construction Health and Safety Technician ("CHST") designation from the Board of Certified Safety Professionals ("BCSP") and has satisfactorily completed, within one (1) year prior to the date of the application, an 8-hour Site Safety Coordinator course approved by the department;
            (C)   Has five (5) years of experience, within ten (10) years prior to the date of the application, as a building code enforcement official charged with enforcement of the provisions of the New York City Building Code, and has satisfactorily completed, within one (1) year prior to the date of the application, an 8-hour Site Safety Coordinator course approved by the department. The enforcement must have included inspections of buildings under construction or demolition and thus this basis for qualification excludes officials whose primary role is to perform inspections of occupied or vacant buildings;
            (D)   Has five (5) years of full time field experience in the United States, within 10 years prior to the date of the application, working on buildings as a safety official for a governmental entity or construction firm or as a safety manager or safety engineer for a safety consulting firm specializing in construction or demolition and has satisfactorily completed, within one (1) year prior to the date of the application, an 8-hour Site Safety Coordinator course approved by the department; or
            (E)   Has five (5) years of full time experience in the United States, within ten (10) years prior to the date of the application, as verified by employer affidavit, working with plans in a relevant construction trade in furtherance of the construction, vertical or horizontal enlargement, or fu ll demolition of a building or structure, and has satisfactorily completed, within one (1) year prior to the date of the application, a 40-hour Site Safety Manager course approved by the department.
      (3)   Educational credit. For purposes of paragraph (2) of this subdivision, each year of full time formal training or education in a program with emphasis on construction at a college, technical or trade school may be substituted for one year of work experience, up to a maximum of three years.
      (4)   Audits. Applications for registration are subject to audit at any time. An audit may also be made at any time upon receipt of complaints or evidence of falsification.
      (5)   Registration term. Registrations issued under this section are valid for three years from the date of issuance.
      (6)   Registration fees. The initial fee for registration in accordance with this section is one hundred dollars ($100.00).
      (7)   Renewals.
         (i)   Renewals may be subject to the provisions of Article 401 of Chapter 4 of Title 28 of New York City Administrative Code. The fee for timely renewal is fifty dollars ($50.00). Renewals not submitted in a timely manner will be subject to a late surcharge of fifty dollars ($50.00).
         (ii)   Timely renewal applications must be accompanied by proof that the applicant has, during the one-year prior to renewal, successfully completed an 8-hour Site Safety Coordinator course approved by the department.
         (iii)   Renewals not filed within one year of registration expiration will be treated as a new application.
      (8)   Notification of change of address. Registered construction superintendents must notify the department, in writing, of any address change within thirty (30) days of the change.
   (f)   Disciplinary actions. Construction superintendents are subject to the provisions of section 28-401.19 of the New York City Administrative Code.
   (g)   Cooperation required. Construction superintendents must comply with the provisions of section 28-401.20 of the New York City Administrative Code.
   (h)   Obligation of others. Nothing in this rule is intended to alter or diminish any obligation otherwise imposed by law on others, including but not limited to, the owner, permit holder, construction manager, general contractor, contractor, materialman, architect, engineer, land surveyor, or other party involved in a construction project to engage in sound engineering, design, and construction practices, and to act in a reasonable and responsible manner to maintain a safe job site.
(Eff. 5/30/2016)
   (a)   Site safety inspections for construction, alteration, or demolition projects. The primary site safety manager or coordinator for a construction, alteration, or demolition project must, at all times such site safety manager or coordinator is required to be present, perform the site safety inspections detailed in Tables 1 through 9, below, at the intervals prescribed in the tables, or ensure such inspections are performed by a site safety manager or coordinator. The requirements of this subdivision do not apply to a project whose scope is limited to façade work.
Table 1
General Inspections
 
Requirement Minimum Schedule of Inspections
(1)
When a building is being constructed or demolished at a height greater than 75 feet (22.86 m), verify that at least one elevator or personal hoist in a state of readiness is available for FDNY access.
As appropriate
(2)
When a personnel hoist requires a jump, verify that all necessary permits are obtained and testing performed.
As appropriate
(3)
When a building is being constructed or demolished at a height greater than 75 feet (22.86 m), verify that a standpipe system is available and in readiness at all times for use by the Fire Department.
Daily
(i) Verify the standpipe is in place at each story below the construction or demolition floor. For the purposes of this section, the construction floor shall be the stripping operation floor, except for steel construction, in which case it shall be the uppermost finished and walkable concrete floor; for demolition the demolition floor shall be the floor being demolished.
Daily
(ii) Verify that valves are in place at each story below the construction or demolition floor.
Daily
(iii) Verify that the standpipe is capped.
Daily
(iv) Verify that standpipes are connected to a water source, as applicable, and a siamese connection.
Daily
(v) Verify that siamese hose connections are not obstructed.
Daily
(vi) Verify siamese hose connections are marked by a red light and a sign reading, "Standpipe Siamese Connection."
Daily
(vii) Verify that no breach exists by visually tracing standpipe risers, cross connections and siamese connections.
Weekly
(4)
If a construction shed is located within 30 feet (9.144 m) of the building, verify that it meets the requirements of section 3303.1.3 of the building code.
Once per shed
(5)
Verify that interior and exterior guardrails and toeboards are provided and properly installed as required by the building code.
Daily
(6)
Verify that all openings and/or holes in the floor are covered at all times.
Daily
(7)
Verify that all stairwells have standard handrails.
Daily
(8)
Verify that all signs required by section 3301.9 of the building code are installed and contain the required information.
Once per sign
 
Table 2
Safety Netting Inspections
 
Requirement Minimum Schedule of Inspections
(1)
Verify that horizontal safety netting is maintained not more than two stories below the stripping operation floor on concrete structures or the uppermost finished and walkable concrete floor on steel frame structures, provided that such floor is more than six stories or 75 feet (22.86 m) in height above the adjoining ground or adjoining roof level, whichever is applicable.
Daily
(2)
Verify that horizontal safety netting projects outward horizontally from the edge of the floor a minimum of 10 feet (3.048 m).
Daily
(3)
Verify that omitted horizontal safety netting in designated crane and derrick lifting areas is indicated and approved on the crane application and the site safety plan.
Weekly
(4)
For steel frame construction, where the steel frame extends more than eight stories above the walkable concrete floor, verify that the vertical safety netting is provided on the floors at and below the topmost working metal deck where this deck is substantially completed and that the required guardrails and toeboards are in place.
Daily
(5)
Verify that vertical safety netting is provided on all floors below the floor on which horizontal netting is required.
Daily
(6)
Verify that vertical safety netting is secured and kept closed at all times, except during actual loading operations or perimeter construction operations.
Daily
 
Table 3
Maintenance of Site and Adjacent Area Inspections
 
Requirement Minimum Schedule of Inspections
(1)
Verify that all areas used by the public are maintained free from ice, snow, grease, debris, equipment, materials, projections, tools, or other items, substance, or conditions that may constitute a slipping, tripping or other hazard.
Throughout the day
(2)
Verify that guards, shields or barricades surround all exposed, electrically charged, moving or otherwise dangerous parts of machines and construction equipment so as to prevent contact with the public.
Daily
(3)
Verify that there are no exposed hose lines, wire, rope, or other items that may constitute a tripping hazard to the public.
Throughout the day
(4)
Verify that adjoining property is protected when the height of the building exceeds that of the adjoining property.
Daily
(5)
When the building is extended, enlarged or increased in height so that any portion of such building, except chimneys or vents, extends higher than the top of any previously constructed chimneys within 100 feet (30.48 m), verify that the chimneys conform to § 801 of the New York City mechanical code.
As appropriate
 
Table 4
Housekeeping Inspections
 
Requirement
Minimum Schedule of Inspections
(1)
Verify that floors and stairs are clean from excess debris.
Throughout the day
(2)
Verify that tools and equipment not in use are kept away from edges or openings.
Throughout the day
(3)
Verify that the roof of the sidewalk shed and the street are free of debris.
Daily
(4)
Verify that sufficient containers for the storage of garbage and debris are provided.
Daily
(5)
Verify that containers are covered and secured when full.
Daily
 
Table 5
Removal and Storage of Material Inspections
 
Requirement Minimum Schedule of Inspections
(1)
Verify that combustible waste material and combustible debris have been removed from the site.
Daily
(2)
Verify that chutes used for the removal of debris are installed and maintained in accordance with § 3303.5.5 of the building code.
Weekly
(3)
Verify that material stored on floors of a building is secured when not being used.
Daily
(4)
When exterior walls are not in place, verify that stored material is kept at least 10 feet (3.048 m) back from the perimeter of the building, or at least 5 feet (1524 mm) back from the perimeter of the building if the floor area is less than 1,000 square feet (304.8 m), or at least 2 feet (609.6 mm) back from the perimeter of the building on upper working floors located not more than two stories below the stripping operation on concrete structures or the uppermost concrete floor on steel structures.
Daily
(5)
Verify that no material hangs over the edge of a building unless banded and braced for relocation by the end of the workday, except on the floor of the stripping operation and on floors designated as the lumber or steel mill.
Daily
(i)  On the floor of the stripping operation, verify that material that overhangs the floor is banded and braced, overhangs by not more than one-third of its length, and is relocated by the next workday for concrete operations.
Daily
(ii)  Where the steel mill and lumber mill are located, verify that any material that overhangs is relocated by the next workday.
Daily
 
Table 6
Protection of Sidewalks Inspections
 
Requirement Minimum Schedule of Inspections
(1)
Verify that valid permits for sidewalk sheds have been obtained, have not expired, and are posted in a central, visible area.
Periodic
(2)
Verify that approved drawings of the sidewalk shed are at the construction site.
Periodic
(3)
Verify that the designer and/or supplier of the sidewalk shed has certified that such shed has been erected in accordance with the approved plans and that the proper forms have been filed with the department.
Once
(4)
Verify that sidewalk sheds extend the entire perimeter of the building.
Once
(5)
Verify that when the building exceeds 100 feet (30.48 m) in height, the sidewalk sheds extend 20 feet (6.096 m) beyond the property line.
Once
(6)
Verify that required sidewalk sheds remain in place until the structure is enclosed, all exterior work completed, the sash is gazed above the second story, the exterior façade is cleaned down, all outside handling of material equipment and machinery is completed, and dismantling of a hoist, crane, or the use of a derrick in their removal above the second story has been completed.
Weekly
(7)
Verify that all openings in sidewalk sheds, fences and railings for loading purposes are kept closed, barricaded, protected, or guarded at all times.
Throughout the day
(8)
Verify that sidewalk sheds are illuminated at night by the equivalent of 100-watt bulbs spaced 15 feet (4.572 m) apart at a minimum height of 8 feet (2.44 m) above the sidewalk.
Daily
(9)
Verify that temporary footbridges and walkways for the public are at least 5 feet (1.524 m) in width.
Daily as appropriate
 
Table 7
Warning Signs and Lights Inspections
 
Requirement
Minimum Schedule of Inspections
(1)
Verify that all areas that are dangerous or hazardous to the public or areas where work is performed near vehicular traffic are appropriately marked with warning signs and lights.
Daily
(2)
Verify that steps necessary to protect the public are taken, including provisions for flagmen/flagwomen whenever intermittent operations are conduced on or across areas open to the public or when dangerous operations, such as blasting, may affect such areas.
Throughout the day, as appropriate
 
Table 8
Scaffolds, Structural Ramps, Runways and Platform Inspections
 
Requirement Minimum Schedule of Inspections
(1)
Verify that where they pose a risk to the public that all structural ramps, scaffolds, runways and platforms are provided with guardrails, toeboards, screening, or nets, unless otherwise specified by the building code.
Daily
 
Table 9
Material Handling and Hoisting Equipment Inspections
 
Requirement Minimum Schedule of Inspections
(1)
Verify that all certificates of approval, operation, and onsite inspection for all cranes, derricks, and/or cableways have been obtained and are available for inspection at the construction site.
As required
(2)
Verify that all permits for highway and street closings are available for inspection at the construction site.
As required
(3)
Verify that licenses of crane operators are available at the construction site.
Daily
(4)
When a crane is to be jumped, verify that it is in accordance with the schedule submitted by the professional engineer and approved by the department.
As appropriate
(5)
Verify that a means of communication exists between the responsible parties when the operator of hoisting machinery has no vision of the lift or loading areas.
Daily when operational
(6)
Verify that a program has been established and is operational for the control of pedestrian and/or vehicular traffic around the construction site during all lifting and hoisting operations.
Daily when operational
(7)
Verify that flagmen/women are present to stop pedestrian and/or vehicular traffic during the following intermittent operations:
As appropriate
(i)  During all lifting and hoisting operations;
(ii)  When trucks enter and exit the site;
(iii)  When materials are being lifted over the sidewalk shed;
(iv)  When dangerous operations, e.g., blasting, occur;
(v)  When the sidewalk and/or street is temporarily closed.
 
   (b)   Definitions.
      Alteration. For the purposes of this section, the term "alteration" shall have the same meaning as set forth in section 28-101.5 of the Administrative Code.
      Alternate site safety manager or coordinator. A site safety manager or coordinator who is acting on behalf of and is approved by, the primary site safety manager or coordinator in accordance with the provisions of section 3310.5.3 of the Building Code.
      Construction. For the purposes of this section, the term "construction" shall have the same meaning as set forth in section 3302.1 of the Building Code.
      Demolition. For the purposes of this section, the term "demolition" shall have the same meaning as set forth in section 3302.1 of the Building Code.
      Façade work (façade project). The restoration of an existing façade to a safe and like new condition following decay, wear, or damage; the modification of an existing façade; or the recladding of a façade.
      Façade recladding (recladding of a façade). The removal of the exterior building envelope and replacement with a new exterior building envelope; or the installation of a new exterior building envelope over the existing façade.
      Primary site safety manager or coordinator. The site safety manager or coordinator who has been designated as the primary site safety manager in accordance with the provisions of section 3310.5 of the Building Code.
      Project. For the purposes of this section, the term "project" shall have the same meaning as set forth in section 28-101.5 of the Administrative Code.
      Qualified person. For the purposes of this section, the term "qualified person" shall have the same meaning as set forth in section 3302.1 of the Building Code.
      Rigging foreman. An individual working under the direct and continuing supervision of a licensed rigger and who meets the qualifications as a designated rigging foreman as set forth in section 104-20 of these rules.
      Site safety coordinator. An individual who holds a valid site safety coordinator certificate from the department.
      Site safety manager. An individual who holds a valid site safety manager certificate from the department.
   (c)   Site safety inspections for façade project. For a project whose scope is limited to façade work:
      (1)   The primary or alternate site safety manager must, whenever he or she is present at the project site, perform the site safety inspections detailed in Table 10, below, at the intervals prescribed in the table.
      (2)   At all times when paragraph (1) of subdivision (e) of this section requires the presence of a qualified person, and the primary or alternate site safety manager is not present at the site, the qualified person as described by subdivision (e) must perform the site safety inspections detailed in Table 10, below, at the intervals prescribed in the table.
Table 10
Façade project inspections
 
RequirementMinimum Schedule of Inspections
(1)
Verify that the approved site safety plan is on site.
Prior to the commencement of the project; and daily thereafter
(2)
Verify that required sidewalk sheds, fences, pedestrian protection, roof and adjoining property protection, safety netting, guardrails, perimeter protection, and controlled access zones are in accordance with the approved site safety plan.
Prior to the commencement of the project; and daily thereafter
(3)
Verify that all scaffolds, cranes, derricks, hoisting machines, mast climbers, sidewalk sheds, and fences possess a valid permit/certificate, and that such information is recorded in the permit log. (Note: certain types of scaffolds and cranes/derricks are exempt from permit/certificate requirements; see sections 3314.2 and 3319.3 of the building code for details.)
Prior to the commencement of the project; as each piece of equipment is brought to the site; and at the renewal or expiration of the permit/certificate
(4)
Verify that, where required, Department of Transportation permits for street or sidewalk closings are available at the site.
Once per permit
(5)
Verify that notice has been provided to the department prior to the installation or removal of a suspended scaffold or a mast climber.
Prior to each instance
(6)
Verify that plans for all scaffolds, cranes, derricks, hoisting machines, mast climbers, sidewalk sheds, and fences are available at the site. (Note: certain types of scaffolds and cranes/derricks are exempt from design requirements; see sections 3314.3 and 3319.3 of the building code for details.)
Prior to the commencement of the project; as each piece of equipment is brought to the site; and monthly thereafter
(7)
Verify that installation inspections have been completed for all scaffolds, tower/climber cranes, derricks, hoisting machines, mast climbers, and sidewalk sheds, and that a record of such inspection is available at the site. (Note, installation inspections may also be required when equipment is moved to a new location at the site, or when components are relocated - for example, when decking and guardrails on a supported scaffold are moved to a different level.)
Following the installation of each piece of equipment
(8)
Verify that daily/pre-shift inspections have been completed for all scaffolds, cranes, derricks, hoisting machines, mast climbers, and sidewalk sheds and that a record of such inspection is available at the site. (Note: certain types of cranes do not require an inspection; see section 3319.3 of the building code for details.)
Daily
(9)
Verify that inspections have been completed following an adjustment or repair to a scaffold, crane, derrick, hoisting machine, mast climber, or sidewalk shed.
Following each adjustment or repair
(10)
Verify that the general contractor or sub-contractors, as appropriate, are verifying that workers have completed a course that is at least ten hours in length and approved by the United States Department of Labor Occupational Safety and Health Administration (OSHA) in construction industry safety and health, or an equivalent training, and that documentation of such verification is maintained at the site by the general contractor or sub-contractors.
Daily
(11)
Verify that the general contractor or sub-contractors, as appropriate, are providing a site specific safety orientation to all workers employed at the site, and that documentation of such orientation is maintained at the site by the general contractor or sub-contractors.
Weekly
(12)
Verify that contractors engaged in scaffold, mast climber, rigging, hoisting, or sign hanging work are checking that individuals engaged in such work possess training, certification, or licensing for such work, as appropriate, and that documentation of such check is maintained at the site by the contractor.
Daily
(13)
Verify that flagpersons are present to stop pedestrian and/or vehicular traffic during the following intermittent operations:
Throughout the day
(i)  During all lifting and hoisting operations;
(ii) When trucks enter and exit the site;
(iii)  When materials are being lifted over the sidewalk shed;
 (iv)  When dangerous operations, e.g., blasting, occur; and
(v)  When the sidewalk and/or street is temporarily closed.
(14)
Verify workers are provided with and are utilizing required personal protection equipment (PPE), including but not limited to harness and life line.
Throughout the day
(15)
Verify that a means of communication exists between the responsible parties when the operator of hoisting machinery has no vision of the lift or loading areas.
Prior to the start of any such hoisting operation; and throughout the day as such hoisting operation is ongoing
(16)
Verify that all signs required by section 3301.9 of the building code are installed and contain the required information.
Prior to the commencement of the project; and upon the posting of any sign added after the commencement of the project
(17)
Verify that scaffolds, sidewalk sheds, fences, and other pedestrian protection are free of signs or advertisements not directly related to the project.
Prior to the commencement of the project; and daily thereafter
(18)
Verify that the standpipe system has passed its most recent hydrostatic pressure test and flow test, and that the sprinkler system has passed its most recent hydrostatic pressure test.
Prior to the commencement of the project; and, if applicable, when a new hydrostatic pressure test and/or flow test is required.
(19)
Verify that where active work is occurring, where project material/debris/equipment is being stored, and where sidewalk sheds, fences, or other pedestrian protection is located:
Daily
(i)  Standpipe valves/hose connections/fire department connections are in place; and
(ii)  Standpipe valves/hose connections/fire department connections are free from obstruction.
(20)
In areas where a sidewalk shed or fence has been installed, verify that the required red light marking the fire department connection is functional and the required sign identifying the fire department standpipe connection is visible.
Prior to the commencement of the project; and daily thereafter
(21)
If "hot works" (welding, grinding operations producing sparks, torch operations, etc.) operations are performed, verify that fire extinguishers and dedicated personnel with valid FDNY fire watch certificate of fitness are on site at the location of "hot works" operations.
Prior to start of any "hot works" operations; and throughout the day as "hot works" operations are performed.
(22)
Verify compliance with the provisions of section 3314.11.5 of the building code when welding operations are conducted from a suspended scaffold.
Prior to the start of any welding operation from a suspended scaffold; and throughout the day as welding operations occur from a suspended scaffold
(23)
Verify that all flammable/combustible liquids and gases are located in a well-ventilated area, away from combustible materials, and away from open flame or sources of ignition in accordance with the requirements of the fire department.
Throughout the day
(24)
Verify that, where active work is occurring, where project material/debris/equipment is being stored, or where sidewalk sheds, fences, or other pedestrian protection are located:
Throughout the day
(i)  Building egress is not obstructed;
(ii)  Areas used by the public are maintained free from ice, snow, grease, debris, equipment, materials, projections, tools, hoses, wires, ropes, or other items, substances, or conditions that may constitute a slipping, tripping, or other hazard; and
(iii)  Guards, shields or barricades surround all exposed, electrically charged, moving or otherwise dangerous parts of machines and equipment so as to prevent contact with the public.
(25)
Verify that:
Prior to the commencement of the project; and daily thereafter
(i)  Sidewalk shed lights are functioning;
(ii)  No brace or rail is hanging unattached at one or more ends of the sidewalk shed;
  (iii)  No portions of the sidewalk shed support structure are disconnected;
(iv)  No section of the sidewalk shed parapet is missing; and
(v)  All legs of the sidewalk shed remain on their support and are supported to the ground.
(26)
Verify that contractor sheds and offices are in accordance with section 3303.16 of the building code.
Prior to the commencement of the project; and upon the installation of any contractor shed added after the commencement of the project
(27)
Verify that chutes used for the removal of debris are installed and maintained in accordance with section 3303.5.5 of the building code.
As new chutes are installed at the site; as existing chutes are relocated at the site; and weekly thereafter
(28)
Verify required safety netting is installed and in good repair.
Daily
(29)
Verify required guardrails and toeboards on exterior scaffolds are installed and in good repair.
Daily
(30)
Verify that sufficient containers for the storage of waste/debris generated by the project are provided, and that such containers are:
Daily
(i)  Covered at the end of the shift;
(ii)  Covered anytime when full to near the rim; and
(iii)  Wheels are secured at the end of the shift.
(31)
Verify that, at the end of the shift, all tools and loose materials have been secured, and that all waste/debris generated by the project, including but not limited to garbage/debris located on scaffolds, mast climbers, sidewalk sheds, roofs, and setbacks, has been placed into containers or removed from the site.
Daily, at the end of the shift
(32)
Verify that combustible waste/debris generated by the project is not allowed to accumulate and is removed from the site.
Throughout the day
(33)
Verify that tools and equipment not in use are kept away from edges or openings.
Throughout the day
(34)
Verify that materials placed/stored on a sidewalk shed are placed/stored only in areas designated on the sidewalk shed plans, and such materials are secured against dislodgement, and there is no evidence of deflection or failure of the sidewalk shed in the vicinity of the storage.
Daily
(35)
Verify that, at the end of the shift, suspended scaffolds have been lowered to the street, sidewalk shed deck, or building setback, or have been otherwise secured to the roof or the building in accordance with the scaffold plans.
Daily, at the end of the shift
 
   (d)   Site safety manager requirements for a façade project.
      (1)   Site safety manager presence at a façade project which does not constitute façade recladding. For a project that is limited in scope to façade work, and which does not constitute façade recladding:
         (i)   The primary site safety manager must, at a minimum, visit the site after required sidewalk sheds, fences, pedestrian protection, and roof and adjoining property protection have been installed, but prior to the commencement of the project.
         (ii)   The primary or alternate site safety manager must be present while the following work is performed:
            (A)   Supported scaffold installation or removal, but not including the relocation of existing deck planking or guardrails to a different level of the scaffold provided any such relocation is designated on the scaffold design documents;
            (B)   Mast climber installation or removal; or
            (C)   Other work as directed by the commissioner.
         (iii)   The primary or alternate site safety manager must visit the site within 24-hours of the issuance of a hazardous violation by the department.
         (iv)   The primary or alternate site safety manager must be present when the following rigging work is performed, and such rigging work is not performed by or under the direct and continuing supervision of a licensed rigger:
            (A)   Suspended scaffold installation or removal;
            (B)   Suspended scaffold use; or
            (C)   Hoisting machine installation/assembly/erection, climbing/jumping, removal/disassembly, or a relocation requiring modifications to tie-backs, counterweights, or connections to the base building/structure.
      (2)   Façade recladding. For a project that is limited in scope to façade work, and which constitutes façade recladding, the primary or alternate site safety manager is required to be present at the site during all times active work is occurring, through all phases of work, beginning with the commencement of the façade work and continuing until the building is enclosed and the sidewalk shed is removed, except that, the primary or alternate site safety manager is not required to be present at the site during the following activities, provided no other work is in progress:
         (i)   Surveying that does not involve the disturbance of material, structure, or earth;
         (ii)   Use of a hoist to transport personnel only;
         (iii)   Use of a material hoist that is fully enclosed within the perimeter of the building;
         (iv)   Finish trowelling of concrete floors;
         (v)   When personnel are provided for temporary heat, light, or water; or
         (vi)   Truck deliveries to the site where the sidewalk is closed and the entrance gate is within that closed sidewalk area.
      (3)   Multiple façade jobs. A site safety manager may serve as the primary or alternate site safety manager at multiple projects whose scope is limited to façade work, and which does not constitute façade recladding, provided such site safety manager is not contemporaneously the primary or alternate site safety manager for any construction, alteration, or demolition project, or any façade recladding project, and further provided that the site safety manager is able to fulfill all duties imposed upon the site safety manager by law and these rules.
      (4)   Site safety log. In addition to the requirements of subdivisions (f) and (g) of this section, the primary or alternate site safety manager working pursuant to this subdivision must:
         (i)   Record their presence at the jobsite by signing the site safety log and noting their time of arrival and departure from the site, immediately after arriving at the site and immediately prior to leaving the site, respectively; and
         (ii)   Record the results of inspections required by subdivision (c) of this section prior to leaving the site for the day.
   (e)   Qualified person for façade project.
      (1)   Qualified person to be present. For a project that is limited in scope to façade work, and which does not constitute façade recladding, a qualified person, who meets the requirements of paragraphs (2) and (3) of this subdivision, must be present at the site during all times active work is occurring, continuing through all phases of work, beginning with the installation of the sidewalk shed and continuing until the building is enclosed and the sidewalk shed is removed, except that such qualified person is not required to be present at the site during the following activities, provided no other work is in progress:
         (i)   Surveying that does not involve the disturbance of material, structure, or earth;
         (ii)   Use of a hoist to transport personnel only;
         (iii)   Use of a material hoist that is fully enclosed within the perimeter of the building;
         (iv)   Finish trowelling of concrete floors;
         (v)   When personnel are provided for temporary heat, light, or water; or
         (vi)   Truck deliveries to the site where the sidewalk is closed and the entrance gate is within that closed sidewalk area.
      (2)   Written designation of the qualified person. The designation of one or more individuals to serve as a qualified person pursuant to this subdivision must be evidenced by a written letter, signed and dated by the permit holder. Such letter must, at a minimum, contain the name and contact information for each designated individual. Such letter must be kept on site and be available for inspection by the commissioner upon request.
      (3)   Qualifications of qualified person. A qualified person designated in accordance with this subdivision must possess all of the following qualifications:
         (i)   Completed the orientation and training required by Section 3310.10 of the Building Code;
         (ii)   Beginning July 1, 2016, completed a department approved site safety manager training course that is least 40 hours in length, and every three years thereafter, complete a department approved site safety manager refresher course that is at least 7 hours in length;
         (iii)   Beginning July 1, 2016, completed the training required by Section 3314.4.5.1 of the building code for supported scaffold installers;
         (iv)   Beginning July 1, 2016, completed the training required by Section 3314.4.5.3 of the building code for suspended scaffold supervisors;
         (v)   Beginning July 1, 2016, completed a course that is at least 30 hours in length and approved by the United States Department of Labor Occupational Safety and Health Administration (OSHA) in construction industry safety and health; and
         (vi)   If the qualified person is not a licensed rigger or a rigging foreman, be approved by the primary site safety manager.
      (4)   Proof of qualifications. Evidence, acceptable to the commissioner, of completion of the licensure, training, or other qualifications required by paragraph (3) of this subdivision must be made readily available to the commissioner upon request.
      (5)   Site safety log. In addition to the requirements of subdivisions (f) and (g) of this section, the qualified person working pursuant to this subdivision must:
         (i)   Record his or her presence at the jobsite by signing the site safety log and noting the time of arrival and departure from the site, immediately after arriving at the site and immediately prior to leaving the site, respectively;
         (ii)   Record the results of inspections required by subdivision (c) of this section prior to leaving the site for the day; and
         (iii)   Record any conditions reported to the site safety manager in accordance with paragraph (8) of this subdivision.
      (6)   Reporting to the department. The qualified person working pursuant to this subdivision must immediately report to the department any:
         (i)   Accidents or incidents that require notification to the department in accordance with Section 3301.8 of the building code; and
         (ii)   Any items listed in Section 3310.8.2.1 of the building code.
      (7)   Providing a copy of the log to the site safety manager. The qualified person working pursuant to this subdivision must, at the end of the day, provide a copy of the day's completed site safety log to the primary site safety manager, or to the alternate site safety manager where so directed by the primary site safety manager.
      (8)   Reporting to the site safety manager. The qualified person must immediately report the following items to the primary or alternate site safety manager:
         (i)   Any accidents or incidents that require notification to the department in accordance with Section 3301.8 of the building code;
         (ii)   Any items that fail the inspections required by subdivision (c) of this section;
         (iii)   Any items listed in Section 3310.8.2.1 of the building code; and
         (iv)   Any violations issued by the department relating to the work performed.
   (f)   Site safety log for jobs whose site safety plan was approved prior to December 31, 2014. For jobs whose site safety plan was approved by the department prior to December 31, 2014, a site safety log must be maintained at the site by the site safety manager or coordinator and made available for inspection upon the request of the commissioner.
      (1)   The site safety manager or coordinator shall ensure that all daily entries in the site safety log are completed. These entries must be recorded by 7:00 a.m. on the day following the activities.
      (2)   The site safety manager or coordinator, or an alternate, shall sign the log at the beginning of each day, and must be present at the job at all times during ongoing construction or demolition. If at any point during the day the site safety manager or coordinator, or alternate, shall be relieved of his or her responsibilities at the site, or leave the site for any reason, he or she shall indicate this in the log and an alternate shall sign in.
      (3)   Log contents. At a minimum, the site safety log shall contain the following:
         (i)   Date and location of inspections performed in accordance with subdivision (a) of this rule;
         (ii)   Date and names of individuals met with to satisfy the requirements of § 3310.8.1 of the building code;
         (iii)   Any unsafe acts and/or conditions, and dates and locations of said unsafe acts and/or conditions;
         (iv)   Companies and representatives notified of unsafe acts and/or conditions;
         (v)   Dates of notification of unsafe acts and/or conditions;
         (vi)   Dates of correction of unsafe acts and/or conditions;
         (vii)   Any accident involving the public or damage to public or private property;
         (viii)   Any violations, stop work orders or summonses issued by the department, including date issued and date lifted or dismissed;
         (ix)   Dates and location where horizontal and vertical netting have been installed, replaced and/or repaired;
         (x)   Date horizontal safety netting is removed; and
         (xi)   Date when building reaches a height of 75 feet (22.860 mm).
   (g)   Site safety log for jobs whose site safety plan was approved on or after December 31, 2014. For jobs whose site safety plan was approved on or after December 31, 2014, the requirements of Section 3310.8.4 of the building code shall apply.
   (h)   Permit log for jobs whose site safety plan was approved prior to December 31, 2014. For jobs whose site safety plan was approved by the department prior to December 31, 2014, any equipment brought onto the job that requires permits, as well as a description of the equipment, where it is to be located, permit number, issue and expiration date of the permit, and certificate of inspection, if required, must be entered on a separate permit log that must be maintained at the site by the site safety manager or coordinator and made available for inspection upon the request of the commissioner.
   (i)   Permit log for jobs whose site safety plan was approved on or after December 31, 2014. For jobs whose site safety plan was approved on or after December 31, 2014, the requirements of Section 3310.8.5 of the building code shall apply.
   (j)   Notification for jobs whose site safety plan was approved prior to December 31, 2014. For jobs whose site safety plan was approved by the department prior to December 31, 2014, the site safety manager or coordinator must immediately and directly notify the department in accordance with section 3310.8.2 of the building code, as such code existed on the date the site safety plan was approved, if he or she discovers in the routine performance of the job any of the conditions listed in such section 3310.8.2 or below:
      (1)   Required standpipe is not in place at each story below the construction or demolition floor;
      (2)   Required standpipe valve(s) are not in place at each story below the construction or demolition floor;
      (3)   Required standpipe is not capped;
      (4)   Required standpipe is not connected to a water source or siamese connection;
      (5)   Required standpipe siamese hose connection(s) is obstructed;
      (6)   Required standpipe siamese hose connections are not marked by a red light and a sign reading, "Standpipe Siamese Connection"
      (7)   A breach exists in the required standpipe risers, cross connections, or siamese connections;
      (8)   The standpipe alarm activates; or
      (9)   When a building over 75 feet (22.86 m) is being constructed or demolished and at least one elevator or hoist in a state of readiness is not available for FDNY access.
   (k)   Notification for jobs whose site safety plan was approved on or after December 31, 2014. For jobs whose site safety plan was approved on or after December 31, 2014, the requirements of Section 3310.8.2.1 of the building code shall apply.
   (a)   Definitions. For the purposes of this chapter, the following terms shall have the following meanings:
      (1)   Concrete safety manager. The term "concrete safety manager" shall mean the individual registered in accordance with subdivision (c) of this section and responsible for those duties defined in subdivision (e) of this section.
      (2)   Job. The term "job" shall mean a major building construction project that involves the placement of two thousand (2,000) cubic yards or more of concrete including the placement of the foundation. The term job shall not include exterior non-structural on-grade flatwork, such as sidewalks, driveways, mechanical pads and curb cuts, or any other work as determined by the Commissioner.
      (3)   Concrete operations. The term "concrete operations" shall mean the placement of concrete and the construction and stripping of concrete forms and related concrete activities pertaining to the duties defined in paragraph (e) of this rule. For the purposes of this section, concrete operations shall not include layout, surveying, crane jumping, temporary heating, electrical, plumbing or mechanical work.
   (b)   Permits.
      (1)   Ninety (90) days after the effective date of this rule, no permit for a job shall be issued or renewed until the permittee or his or her representative has identified on the permit application form a concrete safety manager registered with the Department in accordance with the provisions of this section. Permits issued before the effective date of this rule shall not require a concrete safety manager.
      (2)   Where a concrete safety manager is permanently relieved of his or her duties, the concrete operations for which the designated concrete safety manager is relieved shall cease immediately until notification of a new concrete safety manager is made to the department in a manner as determined by the commissioner.
   (c)   Registration of concrete safety managers.
      (1)   Designation at a job site. A concrete safety manager shall be designated by the concrete contractor at all job sites in accordance with section 3310.9 of the New York City Building Code ("Building Code"). In accordance with section 3310.9 and any applicable Department rules, the concrete safety manager and his or her alternate shall coordinate directly with the designated site safety manager or site safety coordinator on the job site.
      (2)   Registration date. Ninety (90) days after the effective date of this rule, all individuals serving as concrete safety managers or alternate concrete safety managers for jobs shall be registered with the Department and subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code.
      (3)   Qualifications. The Department shall issue a concrete safety manager registration to an individual who shall, at the time of his or her application, submit proof that he or she has completed the thirty- (30) hour training course required by section 3310.9, the OSHA ten- (10) hour construction safety and health course, and:
         (i)   is a registered design professional and has, within the ten (10) years prior to the date of the application, five (5) years of experience in concrete operations, at least one (1) of which was in concrete operations where the concrete portion of the project(s) involved the placement of a minimum of two thousand (2,000) cubic yards of concrete; or
         (ii)   has, within the ten (10) years prior to the date of the application, five (5) years of experience in concrete operations, at least three (3) of which were in concrete operations where the concrete portion of the project(s) involved the placement of a minimum of two thousand (2,000) cubic yards of concrete; or
         (iii)   has a bachelor's degree in engineering or an appropriate engineering technology degree from an accredited college or university and has, within the ten (10) years prior to the date of the application, five (5) years of experience in concrete operations, at least two (2) of which were in concrete operations where the concrete portion of the project(s) involved the placement of a minimum of two thousand (2,000) cubic yards of concrete; or
         (iv)   is a certified site safety manager and has, within the ten (10) years prior to the date of the application, five (5) years of experience in concrete operations, at least two (2) of which were in concrete operations where the concrete portion of the project(s) involved the placement of a minimum of two thousand (2,000) cubic yards of concrete.
      (4)   Term. Registrations shall be valid for three (3) years from the date of issuance.
      (5)   Fees. Registration fees shall be as set forth in 1 RCNY §101-03 of these rules.
   (d)   Renewals. An application for renewal of a concrete safety manager registration shall be submitted between thirty (30) and sixty (60) days prior to the expiration date of the registration.
      (1)   The renewal fee as set forth in 1 RCNY §101-03 of these rules shall be submitted with the application. Renewals not submitted in a timely manner shall be subject to a late renewal fee as set forth in 1 RCNY §101-03 of these rules.
      (2)   Timely renewal applications shall be accompanied by proof that the applicant has, during the year prior to renewal, successfully satisfied the continued education requirements as set forth in 1 RCNY §104-06 of these rules.
      (3)   Renewals not filed within one (1) year of registration expiration shall be treated as new applications.
   (e)   Duties. A concrete safety manager shall have responsibilities including, but not limited to:
      (1)   being onsite and available during all concrete operations and until the removal of the reshores and horizontal safety netting is completed. A concrete safety manager need not be present for concrete operations involving exclusively sidewalks, driveways, mechanical pads or other miscellaneous areas. The concrete safety manager is not required to be onsite when no concrete operations are taking place.
      (2)   being available to the Department at all other times until completion of the concrete operations by email, mobile phone or other means as determined by the Department. If the registered concrete safety manager is unavailable, an alternate concrete safety manager shall be available to the Department at all times until completion of the concrete operations, by email, mobile phone or other means as determined by the Department;
      (3)   monitoring compliance with and notifying the contractor of any violation of:
         (i)   Chapter 19 and Chapter 33 of the Building Code and OSHA standards relating to concrete operations;
         (ii)   the use and installation of fall protection measures and personal protection equipment for all personnel engaged in concrete operations; and
         (iii)   safe techniques and use of equipment for installation and removal of
            (A)   concrete;
            (B)   formwork;
            (C)   shores; and
            (D)   reinforcing steel. in order to protect against falls, falling concrete and objects, collapsing floors and similar dangers;
      (4)   immediately notifying the site safety manager or the site safety coordinator on the job site and the Department of:
         (i)   any fatality;
         (ii)   any injury to a member of the public;
         (iii)   any worker injury resulting in emergency medical response or hospitalization;
         (iv)   any damage to public or private property occurring on or adjacent to the job site that arises from the concrete operations;
         (v)   any form failure; or
         (vi)   any material or debris falling from the concrete operations;
      (5)   advising the Department of contact information and changes thereto;
      (6)   cooperating with any investigation by the Department, or other city or law enforcement agency, into the activities at any job site under his or her supervision and providing prompt, accurate and complete responses to inquiries by the Department and other agencies about the conduct of such activities;
      (7)   keeping a daily log of all concrete operations pertaining to the job site including, but not limited to, the following:
         (i)   safety precautions put in place for concrete operation for each day;
         (ii)   any unsafe work or practice, the corrective action taken and the date of correction; (iii)  amount of concrete poured for each day;
         (iv)   location of pouring, forming, stripping, and rebar tying for each day;
         (v)   name of the qualified person designated by the contractor to inspect the formwork for each day;
         (vi)   name of the foreman in charge of the formwork for each day;
         (vii)   the presence of the design drawings for the formwork, including shoring foundations, required for the job under section 1906.3 of the Building Code; and
         (viii)   visits of the site safety manager or site safety coordinator during concrete operations.
      (8)   ensuring that the assigned concrete testing laboratory and special inspector(s) are present as required by Chapter 17 of the Building Code; and
      (9)   performing inspections in accordance with the current Concrete Safety Manager General Inspections checklist prescribed by the Department.
   (f)   Limitation of duties.
      (1)   A concrete safety manager may supervise only one (1) job at a time.
      (2)   A concrete safety manager may also be registered as a site safety manager or a site safety coordinator but cannot serve as both a concrete safety manager and either a site safety manager or a site safety coordinator simultaneously on the same job site.
   (g)   Advising the Department of relief from duties.
      (1)   All registered concrete safety managers shall immediately notify the Department in writing or other manner determined by the Commissioner upon being permanently relieved of or resigning from their duties in connection with any job on which they are designated.
      (2)   All permittees shall immediately notify the Department in writing or other manner determined by the Commissioner when a concrete safety manager is permanently relieved of his or her duties. The permittee shall complete the appropriate job filings to identify the new concrete safety manager and comply with the provisions of paragraph (2) subdivision (b) of this section until such application is accepted by the Department.
   (h)   Obligations of others. Nothing in this rule is intended to alter or diminish any obligation otherwise imposed by law on others, including but not limited to, the owner, construction manager, concrete contractor, general contractor, contractor, material man, architect, engineer, site safety manager, site safety coordinator, land surveyor, or other party involved in a construction project to engage in sound engineering, design and construction practices, and to act in a reasonable and responsible manner to maintain a safe construction site.
   (i)   Notification of alternate. When a concrete safety manager will not be onsite as required by paragraph (1) of subdivision (e) of this section, the registered concrete safety manager or other responsible party shall notify the Department of such absence and replacement by an alternate.
   (a)   Scope. The design, construction, permitting, installation, removal, maintenance, adjustment, repair, use, operation, and inspection of a mast climber shall conform to the requirements of the mast climber manufacturer, ANSI/SIA A92.9-1993, Section 3314.19 of the New York City Building Code ("Building Code"), and this section.  Exception. A mast climber shall be exempt from the requirements of this section where a professional engineer, on behalf of the equipment owner, certifies to the department, supported by plans and calculations, that the installation, removal, and use of the mast climber at the job site meets the following conditions:
      (1)   The mast climber is installed, removed, and used within the confines of the job site; and
      (2)   The job site is closed to the public by means of a controlled access zone and protected in accordance with section BC 3307 of the Building Code; and
      (3)   The mast climber, in all conditions of loading, will not overload the street, ground, foundation, structure, roof, setback, or any subsurface vault, tunnel, or utility; and
      (4)   The mast climber is set back from the edge of the job site at a distance that is equal to or more than 125% of the height of the final most vertical member of the mast climber to be installed, as measured from the ground, roof, setback, or structure upon which the mast climber sits; or the mast climber is utilized inside a building or interior court yard, and such area where the mast climber is utilized is closed to the public by means of a controlled access zone and separated from the public by an independent wall or similar solid full height enclosure.
   (b)   Definitions. In addition to the definitions set forth in Chapter 33 of the Building Code, for the purposes of this section, the following terms shall have the following meanings:
      (1)   Adjustment. The calibration or modification of equipment, including any part or component, that does not otherwise meet the definition of an installation, removal, repair, or maintenance.
      (2)   Approved plans. For the purposes of this section, such term shall include the approved mast climber notice application.
      (3)   Critical component. A mast section, platform section, the drive system, and the high/low limit stops.
      (4)   Equipment owner. The entity that owns the mast climber.
      (5)   Equipment user. The contractor or entity operating or utilizing the mast climber.
      (6)   Installation (install).
         (i)   The initial assembly, set up, or placement of a mast climber at a job site; or
         (ii)   following the initial installation, the addition, relocation, or removal of any part or component, including counterweights, attachments, tie-backs, anchorage, or connection to the structure, which does not otherwise constitute a repair, or does not otherwise occur automatically as part of the normal operation of the mast climber; or
         (iii)   any horizontal relocation of the mast climber at the job site.
      (7)   Job site. A construction, alteration, or demolition site within New York City.
      (8)   Maintenance. Regular or periodic upkeep as specified by the manufacturer to keep the mast climber, including all parts and components, in like new condition and safe working order, and that does not otherwise meet the definition of an installation, removal, or repair.
      (9)   Manufacturer. The entity that owns the rights to the design and manufacturing of the mast climber and possesses the capacity to build and service the mast climber, provide replacements parts or components, and provide technical support for the mast climber.
      (10)   Mast climber. A mast-climbing work platform as defined by Chapter 33 of the Building Code.
      (11)   Removal (remove). The disassembly of the mast climber at the job site.
      (12)   Repair. Work performed to restore a piece of equipment, part, or component to like new condition and safe working order following decay, wear, or damage. It shall also include the replacement of a part or component.
      (13)   Valid certificate. A department-issued certificate of approval, operation, or on-site inspection that has not expired or been suspended or revoked.
   (c)   Certificates required. No equipment owner, equipment user, or other entity shall use or permit the use of a mast climber that does not possess and/or is not in conformance with a valid certificate of approval, certificate of operation, and certificate of on-site inspection. Where a mast climber is found not to be in compliance with one or more certificates, the use of such mast climber shall cease. The mast climber shall not be used until it has been brought into conformance with the certificate(s) or a valid or amended certificate(s) has(have) been granted by the department. The three certificates shall be considered to meet the permitting requirements of section 3314.19 of the New York City Building Code.
   (d)   Certificate of approval.
      (1)   Application for a certificate of approval. To request a certificate of approval, a mast climber prototype application shall be filed with the department by the mast climber manufacturer. The application shall contain the following information:
         (i)   Owner's manual and operator's manuals. The manufacturer's owner's manual and operator's manual shall show all configurations for which approval is sought, general equipment specifications, installation and removal procedures, break and over speed governor test procedures, daily, frequent, and annual inspection requirements, shutdown wind criteria, maintenance procedures, and repair criteria and standards. Such manuals shall be printed in English, provided in an electronic format, and shall be in conformance with the requirements of Section 4.18 of ANSI/SIA A92.9-1993.
         (ii)   Capacity chart. The manufacturer's capacity rating chart(s) shall be printed in English, show each configuration for which approval is sought and contain chart numbers and page numbers for identification.
         (iii)   Brochure. The advertising brochure, or drawing, shall show the general configurations and specifications for which approval is sought.
         (iv)   Manufacturer's affidavit. An affidavit from the manufacturer of the mast climber that shall contain the following information:
            (A)   Design certification. Certification from the manufacturer that the mast climber has been designed in accordance with and meets the requirements of ANSI/SIA A92.9-1993;
            (B)   Free standing height. A listing of the maximum free standing height shall be provided for each configuration for which approval is sought;
            (C)   Tie-in spacing. Maximum and minimum tie-in spacing shall be provided for each configuration for which approval is sought;
            (D)   Wind speed. Maximum safe in-service and out-of-service wind speed information shall be provided for each configuration for which approval is sought;
            (E)   Safety devices. A listing of safety devices included in the mast climber shall be provided;
            (F)   Annual inspection checklist. An annual inspection checklist, based on the requirements of the manufacturer's owner's and operator's manuals;
            (G)   Safety bulletins. Certification shall be provided by the manufacturer that all manufacturer safety bulletins and recall notices related to the mast climber shall be submitted to the department within five (5) business days of issuance; and
            (H)   Service information. Points of contact for technical and service questions shall be provided, including name(s), phone number(s), fax number(s), address(es), and e-mail address(es).
         (v)   Additional information. Any supporting data, drawings, or calculations to verify the above-required submissions shall be provided upon request.
      (2)   Issuance of the certificate of approval. Upon approval of the mast climber prototype application, the department shall issue a certificate of approval for the mast climber to the manufacturer. The submitted manuals, including the configurations and capacity rating chart(s) shall be considered part of the certificate of approval.
      (3)   Amendments. A request to amend a valid certificate of approval shall only be made by the mast climber manufacturer. Upon approval of the amendment(s), the department shall issue an amended certificate of approval. A certificate of approval is required to be amended when:
         (i)   Capacity ratings are altered;
         (ii)   Configurations are altered;
         (iii)   Maximum free standing mast height is altered;
         (iv)   Maximum or minimum tie-in spacing is altered;
         (v)   Maximum safe in service or out of service wind speed is altered; or
         (vi)   Any part, component, attachment, extension, or equipment is added that is not authorized by the manufacturer, or not accounted for in the design calculations of the manufacturer, or not provided for in the manufacturer's manual, or is not provided for in the certificate of approval.
      (4)   Safety bulletins. Manufacturers of mast climbers with a valid certificate of approval shall provide to the department manufacturer safety bulletins and recall notices related to the mast climber within five (5) business days of issuance. Safety bulletins and recall notices shall not be considered an amendment to the certificate of approval and shall not impact the validity of the certificate of approval. The department may require mast climber manufacturers with a valid certificate of operation or certificate of on-site inspection, or applying for such certificates, to demonstrate compliance with the safety bulletin or recall notice.
      (5)   Manuals. Manufacturers shall provide updated manufacturer's owner's and operator's manual(s) to the department within thirty (30) business days of issuance. Updated manuals shall replace the manuals on file with the department for the certificate of approval and shall be considered part of such certificate. No fee shall be charged to update such manuals.
      (6)   Manufacturer support. When points of contact for technical and/or service questions, including name(s), phone number(s), fax number(s), address(es), and e-mail address(es) change, the manufacturer shall provide updated information to the department within five (5) business days of the change. If the manufacturer of the mast climber changes, the new manufacturer shall notify the department and provide updated information to the department within five (5) business days of the change. Updated manufacturer information shall replace the information on file with the department for the certificate of approval and shall be considered part of such certificate. No fee shall be charged to update such information.  Where there is no manufacturer to support the mast climber, the certificate of approval shall remain valid. However, no certificate of operation for such mast climber shall be issued or renewed unless the requirements of subparagraph (iv) of paragraph (2) of subdivision (e) of this section are met.
      (7)   Transferability. Where a mast climber, its configuration(s), and capacity rating chart(s) are identical to equipment already possessing a valid certificate of approval from the department and such mast climber will be configured and operated as provided in that certificate of approval, the certificate of approval issued for the initial mast climber shall be accepted for the duplicate mast climber.
      (8)   2012 Amendment. Certificates of approval issued prior to the effective date of this section shall be amended by July 1, 2012, in accordance with paragraph (3) of this subdivision (d) to supply any information currently not included in the certificate of approval as required by paragraph (1) of this subdivision (d). Valid certificates of approval that are not amended by July 1, 2012 shall be deemed to be revoked.
      (9)   Suspension or revocation of a certificate of approval. The department may suspend or revoke a certificate of approval in accordance with Section 105.10 of Title 28 of the New York City Administrative Code ("Administrative Code").
   (e)   Certificate of operation.
      (1)   Conformity with the certificate of approval. No certificate of operation or extension, renewal, or amendment of a certificate of operation shall be granted by the department for a mast climber that does not possess a valid certificate of approval or is not in conformance with the valid certificate of approval.
      (2)   Application for a certificate of operation. To request or renew a certificate of operation, the equipment owner shall sign and file with the department a mast climber device application. The application shall contain the following information:
         (i)   Listing of critical components. The equipment owner shall list the critical components of the mast climber, provide information regarding the dimensions and/or capacity of the critical components, and provide a unique identification number, acceptable to the department, for each critical component.  Exception. An identification number is not required for the high/low limit stops.
         (ii)   Owner's certification. The equipment owner shall certify that:
            (A)   The mast climber, including all parts and components, has passed an inspection performed by the equipment owner or an authorized person on behalf of the equipment owner who meets the definition of a qualified person. Such inspection shall consist of the inspection as required by section 6.5 of ANSI/SIA A92.9-1993, plus a full visual inspection of all parts and components of the mast climber. Such certification shall be accompanied by an inspection checklist signed and dated by the equipment owner, and shall also be accompanied by photographs in accordance with subdivision (g) of this section showing the mast climber controls, limit stops, platform(s), and typical mast section(s).
            (B)   The mast climber, including all parts and components, shall be delivered to the job site in good condition and safe working order, with no known hazardous conditions or maintenance problems that could compromise the safe operation of the mast climber.
            (C)   Inspection, adjustment, maintenance, repair, and installation work required to be performed by or on behalf of the owner shall be performed in accordance with subdivisions (h), (j), and (k) of this section.
         (iii)   Disclosure of history. The equipment owner shall disclose if:
            (A)   A repair has been made to any critical component by or with the knowledge of the equipment owner within the last five (5) years. If a repair occurred, the nature of the repair shall be disclosed and the equipment owner shall certify the repair was in accordance with the requirements of paragraph (4) of subdivision (j) of this section.
            (B)   The mast climber, including any critical component, has, to the knowledge of the equipment owner, been involved in an accident within the last five (5) years. If an accident occurred, the equipment owner shall disclose the address and nature of the accident.
         (iv)   Manufacturer support. Where there is no manufacturer to provide technical or service support for the mast climber, such circumstance shall be disclosed to the department by the equipment owner. Where there is no manufacturer to provide technical support, the equipment owner shall designate a professional engineer, acceptable to the department, to take responsibility for all technical support. Where there is no manufacturer to provide service support, the owner of the mast climber shall take responsibility for all service support. The owner and/or the engineer shall provide point of contact information for questions from the department for the specific mast climber including name(s), phone number(s), fax number(s), address(es), and e-mail address(es). This information shall be updated with the department as changes occur within five (5) business days of such change.
      (3)   Issuance of the certificate of operation. Upon approval of the mast climber device application, the department shall issue a certificate of operation for the mast climber to the equipment owner. The mast climber shall not be installed until it possesses a valid certificate of operation.
      (4)   Job specific validity. The certificate of operation for a mast climber shall be valid for only one job site and shall expire at the end of the job. The certificate must then be renewed prior to the start of a new job by filling an application in accordance with paragraph (2) of this subdivision (e).
      (5)   Amendments. A request to amend a valid certificate of operation shall only be made by the equipment owner. Upon approval of the amendment, the department shall issue an amended certificate of operation to the equipment owner. A certificate of operation is required to be amended when:
         (i)   A critical component listed in the original application is adjusted or repaired;
         (ii)   A critical component not listed in the original application is added;
         (iii)   The mast climber, or any part or component, is found not to have been repaired, adjusted, or maintained in accordance with paragraph (4) of subdivision (j) of this section;
         (iv)   A mast climber with a valid certificate of operation is involved in an accident; or
         (v)   A mast climber with a valid certificate of operation is sold to a new equipment owner; or
         (vi)   The manufacturer no longer provides technical or service support for the mast climber.  Amendments shall be granted by the department following provision of the information required in paragraph (2) of this subdivision (e), if requested, or performance and certification of repair(s), adjustment(s), or maintenance in accordance with paragraph (4) of subdivision (j) of this section, or passage of an inspection in accordance with subdivision (k) of this section.
      (6)   Sale of equipment.
         (i)   Valid certificate of operation. When a mast climber possessing a valid certificate of operation is sold to a new equipment owner, the department shall be notified, in writing, by such new equipment owner within fourteen (14) days following the date of sale. Such notification shall include a copy of the bill of sale. The mast climber shall not be operated until the new equipment owner has filed an application to amend the certificate of operation in accordance with paragraph (5) of this subdivision (e) containing all the information required by paragraph (2) of this subdivision (e) and the department has approved an amended certificate of operation for the mast climber.
         (ii)   Expired certificate of operation. Where a mast climber with an expired certificate of operation is sold to a new equipment owner, the department shall be notified, in writing, by such new equipment owner when the new owner renews the certificate of operation. Such notification shall include a copy of the bill of sale.
      (7)   Multiple mast climbers. Where multiple mast climbers are combined together, a separate certificate of operation shall be required for each drive system.
      (8)   Suspension or revocation of a certificate of operation. The department may suspend or revoke a certificate of operation in accordance with Section 105.10 of Title 28 of the Administrative Code.
   (f)   Certificate of on-site inspection.
      (1)   Conformity with the certificate of approval and certificate of operation. An application for a certificate of on-site inspection may be filed with the department for a mast climber that does not possess a valid certificate of approval or certificate of operation. However, no certificate of on-site inspection or amendment to such certificate shall be granted by the department for a mast climber that does not possess a valid certificate of approval and certificate of operation, or is not in conformance with the certificate of approval and certificate of operation.
      (2)   Application for a certificate of on-site inspection. To apply for a certificate of on-site inspection, a professional engineer on behalf of the equipment owner shall file a mast climber notice application with the department. Accompanying plans and calculations shall include the proposed project address and be signed and sealed by the engineer. The application shall contain the following information:
         (i)   Ground and subsurface conditions.
            (A)   Certification from the engineer that he/she has inspected the ground conditions at the proposed location of the mast climber and accounted for them in his or her design;
            (B)   Identification of all pertinent ground and subsurface conditions, including but not limited to: elevations and slopes, all sheeting, shoring, retaining walls or excavations, all vaults, foundations, utilities, or other subsurface structures that could be impacted by the presence of the mast climber, along with identification of assumed soil, street, or sidewalk bearing values; and
            (C)   Certification from the engineer, supported by calculations, demonstrating that the mast climber, in all in-service and out-of-service conditions of loading, including those due to wind conditions, will not overload the street, soil, sidewalk, or any ground, utility, vault, or subsurface condition identified in subparagraph (B) above.
         (ii)   Footing. Plans showing the footing and any ground anchorage, outriggers, or dunnage of the mast climber, including matting necessary to support and distribute the loads of the mast climber. The engineer shall certify, supported by calculations, the adequacy of the footing for all in-service and out-of-service conditions of loading, including those due to wind conditions.
         (iii)   Foundations and structures. Where a foundation or structure is to support the mast climber, including but not limited to tie-in connections or setting the mast climber on a foundation, setback, or roof:
            (A)   Plans showing the connection of the mast climber to the foundation or structure, including tie-ins, any foundation or structure to be constructed to support the mast climber and any modifications to be made to an existing foundation or structure to support the mast climber;
            (B)   For tie-in connections, specification of the materials to support the loads of the tie-in connections, identification of assumed bearing values, and pull out calculations;
            (C)   Where the building is under construction, a copy of the mast climber plans stamped "reviewed for loads imposed" by the registered design professional for the building, or a letter from the registered design professional for the building stating that he or she has reviewed the mast climber plan(s) for the loads it will impose on the building and attesting to the adequacy of the building to support such loads;
            (D)   Where the mast climber is used on or connected to an existing structure, certification from the engineer that he or she has inspected the structure at the proposed location of the mast climber and accounted for it in his or her design; and
            (E)   Certification from the engineer, supported by calculations, of the adequacy of the foundation or structure to support the mast climber and of the adequacy of all connections, including tie-ins, to support the mast climber in all in-service and out-of-service conditions of loading, including those due to wind conditions.
         (iv)   Setup plan. The notice application shall include a site plan(s) and elevation plan(s) showing the following:
            (A)   The proposed location of the mast climber;
            (B)   The setup and configuration of the mast climber, including dimensions of mast sections and platforms and maximum weight-bearing capacity for each section;
            (C)   All phases of the installation and removal of the mast climber;
            (D)   Plans detailing the installation and removal of the mast climber, based on the requirements of the manufacturer;
            (E)   Optimal platform location when the mast climber is out of service, for all phases;
            (F)   Certification from the engineer, supported by calculations, that the mast climber, in all proposed configurations and phases, will be stable and able to support all conditions of loading, including those due to wind conditions;
            (G)   The final proposed height of the mast climber;
            (H)   Maximum and minimum tie-in spacing;
            (I)   Requirements for all bolted connections of the tie-in connections, foundation, and anchorages, including bolt grade and torque values;
            (J)   Netting, weather protection, or overhead protection to be installed on the mast climber;
            (K)   Any material or article intended to overhang from the mast climber, including building materials, or equipment including but not limited to hoisting machines or winches;
            (L)   The facade of the building or structure along which the mast climber will travel, including items such as balconies, and setbacks; temporary construction such as runback structures, sidewalk sheds, scaffolds, and hoists; and surrounding trees and above ground utilities including street lights, traffic lights, antennas, electrical lines with voltage values indicated, phone or other lines, bridges, viaducts, and overhead infrastructure; and
            (M)   Certification from the engineer that the mast climber will clear all site ob- structions.
         (v)   Pull out test. Where the mast climber attaches to masonry or concrete, criteria developed by the engineer for the pull out test(s).
      (3)   Approval. Upon approval of the mast climber notice application, a copy of such approval shall be given to the applicant. The mast climber shall not be installed until the department has given such approval. A copy of the approved notice application, along with copies of the approved plans shall be kept at the job site and shall be made available to the department upon request.
      (4)   Issuance of the certificate of on-site inspection.
         (i)   Inspections. Following the installation of the mast climber at the job site, it shall be inspected as follows:
            (A)   Owner's inspection for the certificate of on-site inspection. The equipment owner, or an authorized representative of the equipment owner who meets the definition of a qualified person, shall inspect the mast climber, including all parts and components, in accordance with sections 6.4 of ANSI/SIA A92.9-1993, and shall also verify the critical components installed match those listed in the certificate of operation.
            (B)   Engineer's inspection for the certificate of on-site inspection. The engineer who filed the mast climber notice application, or an authorized representative of the engineer who meets the definition of a qualified person, shall inspect the mast climber to verify the mast climber has been installed in accordance with the approved plans; verify the tie-in connections, anchorages, footing, ground conditions, and the foundation and any structural support(s) are in accordance with the approved plans; perform pull out test(s) where required by approved plans; and survey the mast climber to ensure plumbness in accordance with approved plans.
         (ii)   Inspection reports for a certificate of on-site inspection.
            (A)   Owner's inspection report for a certificate of on-site inspection. Upon passing such owner's inspection required by subparagraph (A) of subparagraph (i) of this paragraph (4), the owner, or the authorized representative of the owner who performed the inspection, shall complete, sign, and date an inspection report verifying passage of the owner's inspection and detailing the results of the owner's inspection.
            (B)   Engineer's inspection report for a certificate of on-site inspection. Upon passing such engineer's inspection required by subparagraph (B) of subparagraph (i) of this paragraph (4), the engineer who filed the mast climber notice application, or the authorized representative of the engineer who performed the inspection, shall complete, sign, and date an inspection report verifying passage of the engineer's inspection and detailing the results of the engineer's inspection. Such report shall subsequently be sealed by the engineer who filed the mast climber notice application.  In addition, the engineer's inspection report shall also contain the results of the survey for plumbness, a torque report for the tie-in, foundation, and/or anchorage bolts, the results of the pullout test, where required by approved plans, and photographs of the mast climber installed at the job site, along with photographs of the foundation, and typical tie-in connection(s), in accordance with subdivision (g) of this section.
            (C)   Record of failing an initial inspection for a certificate of on-site inspection. If the mast climber failed the owner's inspection or the engineer's inspection before subsequently passing an additional inspection, this shall be detailed in the passing inspection report, along with a description of any adjustment, maintenance, or repairs made to the mast climber.
         (iii)   Temporary certificate of on-site inspection. The mast climber may begin operation once the mast climber passes both the owner's inspection and the engineer's inspection, both inspection reports are completed, signed, and dated, and the engineer's inspection report is sealed. Such reports shall be deemed a temporary certificate of on-site inspection. Copies of both reports shall be kept at the job site, and made available to the department upon request.
         (iv)   Submittal of reports to the department. Within two business days following the completion of the inspection reports, a completed, signed, and dated copy of the owner's inspection report shall be submitted to the department by the equipment owner, and a completed, signed, dated, and sealed copy of the engineer's inspection report shall be submitted to the department by the engineer who filed the mast climber notice application. If one or both reports are not submitted to the department within the required timeframe, the temporary certificate of on-site inspection shall be deemed expired and the mast climber shall not resume operation until the department issues a certificate of on-site inspection.
         (v)   Certificate of on-site inspection. Upon the department's acceptance of both the owner's inspection report and the engineer's inspection report, the department shall issue a certificate of on-site inspection for the mast climber. A copy of the certificate of on-site inspection shall be maintained at the job site.
         (vi)   Rejection of the inspection report. If one or both of the inspection reports are rejected by the department, the mast climber shall cease operation and shall not resume operation until a new owner's inspection report, engineer's inspection report, or both, are accepted by the department and a certificate of on-site inspection is issued by the department.
      (5)   Amendments. An approved mast climber notice application and/or a valid certificate of on-site inspection shall only be amended by a professional engineer on behalf of the equipment owner, and shall be approved by the department. Amendments shall be approved in the order in which they were received. Amendments shall be required where the mast climber is proposed to be or has been installed, removed, located, or configured in a manner not provided for in or beyond the tolerances provided in the approved plans and cannot be brought into conformance with the approved plans.
      (6)   Job specific validity. The certificate of on-site inspection shall be valid for only one (1) job site and shall expire at the end of the job.
      (7)   Installation in phases. Where a mast climber is to be installed in phases, the continued validity of the certificate of on-site inspection shall be contingent upon the following.
         (i)   Inspections.
            (A)   Owners inspection for a phase. Following installation work subsequent to the initial installation, the equipment owner, or an authorized representative of the equipment owner who meets the definition of a qualified person, shall inspect the components added during the subsequent installation to verify their safety, correct installation, and to verify that any critical components added match those listed in the certificate of operation; run the mast climber to verify its safe operation; and inspect the safety devices and limit switches.
            (B)   Engineer's inspection for a phase. Where the subsequent installation work included the attachment of a new tie-in connection, anchorage, or structural support, the engineer who submitted the mast climber notice application, or an authorized representative of the engineer who meets the definition of a qualified person, shall inspect the added tie-in connection(s), anchorage(s), or structural support(s) to verify they are in accordance with the approved plans; perform pull out test(s) where required by approved plans; and survey the mast climber to ensure plumbness in accordance with approved plans.
         (ii)   Inspection reports for a phase.
            (A)   Owner's inspection report for a phase. Upon passing such owner's inspection required by subparagraph (A) of subparagraph (i) of this paragraph (7), the owner, or the authorized representative of the equipment owner who performed the inspection, shall complete, sign, and date an inspection report verifying passage of the owner's inspection and detailing the results of the owner's inspection.
            (B)   Engineer's inspection report for a phase. Upon passing such engineer's inspection where required by subparagraph (A) of subparagraph (i) of this paragraph (7), the engineer who filed the mast climber notice application, or the authorized representative of the engineer who performed the inspection, shall complete, sign, and date an inspection report verifying passage of the engineer's inspection and detailing the results of the engineer's inspection. Such report shall subsequently be sealed by the engineer who filed the mast climber notice application.  In addition, the engineer's report shall also contain the results of the survey for plumbness, a torque report for the tie-in, foundation, and/or anchorage bolts, the results of the pullout test, where required by approved plans, and photographs of the mast climber installed at the job site, along with close up photographs of the foundation, and typical tie-in connection(s), in accordance with subdivision (g) of this section.
            (C)   Record of failing the initial inspection for a phase. If the mast climber failed the owner's inspection or the engineer's inspection before subsequently passing an additional inspection, this shall be detailed in the relevant inspection report, along with a description of any adjustment, maintenance, or repairs made to the mast climber.
         (iii)   Temporary extension of the certificate of on-site inspection. Following subsequent installation work, the mast climber shall not resume operation until the mast climber passes both the owner's inspection and the engineer's inspection, where required, and the inspection report(s) are completed, signed, and dated, and where required, sealed. The previously existing certificate of on-site inspection shall be deemed temporarily valid for the new configuration until an amended certificate of on-site inspection is issued, and the mast climber may resume operation. Copies of both reports shall be kept at the job site, and made available to the department upon request.
         (iv)   Submittal of reports to the department. Within two business days following the completion of the inspection report(s), a completed, signed, and dated copy of the owner's inspection report shall be submitted to the department by the equipment owner, and, where required, a completed, signed, dated, and sealed copy of the engineer's inspection report shall be submitted to the department by the engineer who filed the mast climber notice application. If one or both reports, where required, are not submitted to the department within the required timeframe, the temporarily extended certificate of on-site inspection shall be deemed expired and the mast climber shall not resume operation until the department renews the certificate of on-site inspection.
         (v)   Certificate of on-site inspection. Upon the department's acceptance of the owner's inspection report and the engineer's inspection report, where required, the department shall issue an amended certificate of on-site inspection for the mast climber in the new configuration. A copy of the amended certificate of on-site inspection shall be maintained at the job site.
         (vi)   Rejection of the inspection report. If one or both of the inspection reports are rejected by the department, the mast climber shall cease operation and shall not resume operation until a new owner's inspection report, engineer's inspection report, or both, are accepted by the department and an amended certificate of on-site inspection for the new configuration is issued by the department.
      (8)   Relocation. Where a mast climber is horizontally relocated during the course of the job, this shall not be considered a phase or amendment to a certificate of on-site inspection. Such relocation shall require a new mast climber notice application and a new certificate of on-site inspection.
      (9)   Suspension or revocation of a certificate of on-site inspection. The department may suspend or revoke a certificate of on-site inspection in accordance with the provisions of Section 28-105.10 of the Administrative Code.
   (g)   Photographs. Where photographs are required to accompany an inspection report for a certificate of operation or on-site inspection, such photographs shall be taken at the time of the inspection and shall have sufficient resolution and lighting to clearly show the objects photographed.
   (h)   Installation and removal. Mast climbers shall be installed and removed in accordance with the requirements of ANSI/SIA A92.9-1993, the requirements of the manufacturer of the mast climber, approved plans, and the following:
      (1)   Owner's responsibility. The equipment owner, or an entity authorized by the equipment owner, shall be responsible for the installation and removal of a mast climber. All violations stemming from the actions taken, or not taken, by those installing or removing a mast climber shall be issued to the equipment owner, or the entity authorized by the equipment owner, not to an individual worker or supervisor.
      (2)   Insurance. All individuals involved in the installation or removal of a mast climber shall be covered by workers' compensation and general liability insurance of the equipment owner, or the entity authorized by the equipment owner, and shall be insured by the equipment owner, or the entity authorized by the equipment owner, to the minimum requirements specified by law.
      (3)   Supervisor. The installation and removal of a mast climber shall be supervised by a representative of the equipment owner, or the entity authorized by the equipment owner, who is both a competent person and a qualified person. Such individual shall be present at the job site during all installation and removal work and shall have the ability to directly communicate with all individuals involved in the installation or removal work.
      (4)   Training. On and after July 1, 2012, individuals who install or remove a mast climber, including the person supervising such installation or removal, shall be trained in accordance with the requirements of paragraph (1) of subdivision (m) of this section.
      (5)   Safety meeting. Within twenty four (24) hours prior to the commencement of installation or removal operations, a safety meeting with all individuals involved in such work shall be conducted. The following topics shall be discussed during the safety meeting:
         (i)   Scope of work;
         (ii)   Roles and responsibilities;
         (iii)   The specific sequence of work;
         (iv)   Inspection of all equipment, materials, and tools to be used during the installation or removal work;
         (v)   Review of all mast climber equipment to be installed;
         (vi)   Permit validity;
         (vii)   Qualifications and training of personnel;
         (viii)   Relevant weather warnings; and
         (ix)   Compliance with ANSI/SIA A92.9-1993, requirements of manufacturer of the mast climber, and the approved plans.
      (6)   Notification to department. The equipment owner shall notify the department of the upcoming installation or removal of the mast climber within one business day, but not more than two business days, prior to the commencement of the safety meeting required by paragraph (5) of this subdivision (h).
      (7)   Removal of tie-ins. Tie-ins shall not be removed unless the removal is expressly authorized by the person supervising the work in accordance with paragraph (3) of this subdivision (h).
      (8)   Inspection. Following installation work, the mast climber shall be inspected in accordance with subdivision (f) of this section.
   (i)   Use and operation. Mast climbers shall be used and operated in accordance with the requirements of ANSI/SIA A92.9-1993, the requirements of the manufacturer of the mast climber, approved plans, and the following requirements of this subdivision.
      (1)   Responsibility of owner. Following the installation of the mast climber, the equipment owner shall not be responsible for its use or operation, except where the equipment owner also meets the definition of the equipment user. The responsibility for the safe use and operation of the mast climber shall rest with the equipment user.
      (2)   Equipment users. The equipment user shall only use the mast climber for work related to its trade. Where a separate trade or contractor uses the mast climber, such trade or contractor shall assume responsibility for the use and operation mast climber as the equipment user. A change in equipment user during the course of the day shall be considered a new shift for the purposes of paragraph (4) of subdivision (k) of this section.
      (3)   Training. On and after July 1, 2012, individuals who use or operate a mast climber, including the person supervising such use and operation, shall be trained in accordance with the requirements of paragraph (2) of subdivision (m) of this section.
      (4)   Safety talk. Prior to their first use of the mast climber at the job site, any individual who uses or operates the mast climber shall be given a safety talk by the equipment owner, an authorized agent of the owner, or the equipment user when so authorized by the equipment owner. The safety talk shall include, but not be limited to, the following topics:
         (i)   Controls of the mast climber;
         (ii)   Emergency descent procedures; and
         (iii)   Site specific safety considerations.
      (5)   Supervision of use and operation. The equipment user shall designate a competent person to supervise the use and operation of the mast climber. Such supervisor does not need to be on the mast climber, but shall remain on site at all times the mast climber is in use or operation and shall have the ability to directly communicate with the individuals on the mast climber. Such supervisor shall also:
         (i)   Ensure all individuals using or operating the mast climber on and after July 1, 2012 have completed the training required by paragraph (2) of subdivision (m) of this section and have received the safety talk in accordance with paragraph (4) of this subdivision (i).
         (ii)   Ensure the pre-shift inspection is performed in accordance with paragraph (4) of subdivision (k) of this section.
         (iii)   Ensure the mast climber log is maintained in accordance with paragraph (1) of subdivision (n) of this section.  The designation of a person to supervise the use and operation of a mast climber shall not relieve the liability of the equipment user for all aspects of mast climber use and operation, including but not limited to the actions of the person supervising the use and operation of the mast climber and those using or operating the mast climber. All violations stemming from actions taken or not taken by such personnel shall be issued to the equipment user, not the person supervising the use and operation of the mast climber or those using or operating the mast climber.
      (6)   Safe travel speeds. Safe travel speeds established by the manufacturer of the mast climber shall be followed at all times by the equipment user. Safe travel speed information shall be prominently displayed on the mast climber.
      (7)   Loads and capacities. The equipment user shall ensure no use or operation of a mast climber exceeds the rated load capacity of the mast climber or any part or component of the mast climber. Load capacities shall be prominently displayed on the mast climber.
      (8)   Stable and secure. The equipment user shall ensure the mast climber, all parts and components of the mast climber, and all materials, tools, and other articles located on and/or used from the mast climber are kept secure and stable at all times to prevent the mast climber from losing balance, overturning, collapsing, or any part, component, material, tool, or other article from falling from the mast climber.
      (9)   Overhang. The equipment user shall ensure no material or article overhangs from a mast climber unless provided for in plans submitted with the application for a certificate of on-site inspection and approved by the department.
      (10)   Rigging. Where a hoisting machine or winch located on a mast climber is used to hoist or lower materials, the mast climber shall remain stationary throughout the hoisting or lowering operation, and the requirements of the building code for rigging, hoisting, or lowering operations shall apply. Such hoisting machine or winch shall be located and installed on the mast climber in accordance with the engineer's approved plans for the mast climber.
      (11)   Wind. Where sustained winds or wind gusts at the jobsite exceed 30 miles per hour, the use and operation of the mast climber shall cease. If the manufacturer of the mast climber recommends work to cease at a lower wind speed, such recommendation shall instead apply. Wind shutdown criteria from the manufacturer shall be maintained on the mast climber.  Wind speed shall be determined based on data from the nearest United States weather bureau reporting station, or an anemometer located at the job site, freely exposed to the wind, and calibrated in accordance with ASTM D5096-02, 2007.
      (12)   Wheels. Equipment users shall not use or operate a mast climber while the mast climber is resting on wheels. It is permissible to relocate a mast climber, while it is not being used or operated, on wheels.
      (13)   Failsafe. No mast climber shall be used or operated that does not have a failsafe method of lowering the platform in the event of a power failure.
      (14)   Signs. No sign, information, pictorial representation, business, or advertising message(s), other than the name of the manufacturer or equipment owner where normally provided on the mast climber, shall be posted or displayed on a mast climber.
      (15)   End of shift. At the end of each shift, the mast climber shall be secured in accordance with the manufacturer's recommendations, and lowered in accordance with the engineer's approved plans.
   (j)   Mast climber equipment requirements. Mast climbers shall meet the requirements of ANSI/SIA A92.9-1993 and the following.
      (1)   Good condition. Equipment owners shall only provide to the job site mast climbers, including all parts and components, that are in good condition and safe working order with no known hazardous conditions or maintenance problems that will compromise the safe operation of the mast climber.
      (2)   Locking. Mast climbers shall be provided with a positive means for preventing the unauthorized operation of such mast climber.
      (3)   Parts and components. All parts and components of a mast climber, including netting, wind protection, or overhead projection, shall be:
         (i)   Authorized by the manufacturer, or accounted for in the design calculations of the manufacturer, or provided for in the manufacturer's manual, or provided for in the certificate of approval; and
         (ii)   Covered by the owner's certification for the certificate of operation; and
         (iii)   Accounted for in the certificate of on-site inspection.
      (4)   Repairs, adjustments, and maintenance. All repairs, adjustments, or maintenance made to a mast climber, including any part or component, shall be made by a qualified person(s) in accordance with the specifications of the equipment manufacturer and the requirements of ANSI/SIA A92.9-1993, and shall provide at least the manufacturer's original factor of safety and shall conform to the following.
         (i)   Job site repairs. While at the job site, equipment users shall not perform repair(s). Equipment users shall immediately notify the equipment owner of any need for a repair.  The mast climber shall not resume operation until a qualified person on behalf of the equipment owner has inspected the mast climber in accordance with the requirements of the manufacturer to verify the adequacy of the repair.  A description of such repair, and the results of such inspection shall be recorded in the mast climber log in accordance with paragraph (1) of subdivision (n) of this section by the person who performed the inspection, with the log entry signed and dated by such person.
         (ii)   Job site adjustments. While at the job site, equipment users shall not perform adjustments(s) unless so authorized, in writing, by the equipment owner. Where not so authorized by the equipment owner, the equipment user shall immediately notify the equipment owner of any need for an adjustment.  The mast climber shall not resume operation until a qualified person on behalf of the equipment owner, or where the equipment user has been authorized to perform the adjustment, a qualified person on behalf of the equipment user, has inspected the mast climber in accordance with the requirements of the manufacturer to verify the adequacy of the adjustment, and the mast climber has passed such inspection.  A description of such adjustment, and the results of such inspection shall be recorded in the mast climber log in accordance with paragraph (1) of subdivision (n) of this section by the person who performed the inspection, with the log entry signed and dated by such person.
         (iii)   Job site maintenance. Mast climbers at the job site shall be maintained in accordance with the specifications of the manufacturer and Section 6.3 of ANSI/SIA A92.9-1993.  Equipment users shall not perform maintenance work on mast climbers unless so authorized, in writing, by the equipment owner. Where not so authorized, the equipment user shall immediately notify the equipment owner of any need for maintenance.  The equipment owner shall develop a maintenance checklist based on the specifications of the manufacturer and Section 6.3 of ANSI/SIA A92.9-1993. Such checklist shall be maintained at the job site, and shall be signed, dated, and completed by the person who performed the maintenance.
         (iv)   Critical components. Where a critical component is repaired or adjusted, the certificate of operation for the mast climber shall be considered invalid. The mast climber shall not resume operation until the equipment owner discloses the work to the department and the certificate of operation is amended in accordance with paragraph (5) of subdivision (e) of this section.
   (k)   Inspection of mast climbers.
      (1)   Inspection for a certificate of operation. Mast climbers shall be inspected in accordance with the requirements of subdivision (e) of this section.
      (2)   Inspection(s) for a certificate of on-site inspection. Mast climbers shall be inspected in accordance with the requirements of subdivision (f) of this section.
      (3)   Inspection(s) following repairs or adjustments. Following a repair or adjustment, the mast climber shall be inspected in accordance with paragraph (4) of subdivision (j) of this section.
      (4)   Pre-shift inspection.
         (i)   Inspection checklist. The equipment owner shall provide the equipment user a pre-shift inspection checklist for the mast climber. Such checklist shall be based on the manufacturer requirements for the inspection of the mast climber, as well as Section 7.4.3 of ANSI/SIA A92.9-1993, and shall also include a verification that the mast climber is located in accordance with approved plans. Such checklist shall be maintained at the job site, available for inspection by the department upon request.
         (ii)   Inspection performance. Inspections required by the checklist shall be performed by, and the checklist signed, dated, and completed by the person supervising the use and operation of the mast climber in accordance with paragraph (5) of subdivision (i) of this section prior to the start of each shift. A change in equipment user during the course of the day shall be deemed to be a new shift and shall require a new pre-shift inspection prior to the use of the mast climber.
         (iii)   Failing inspection. If the mast climber fails the inspection, it shall cease operation and shall not resume until it has been adjusted, repaired, or maintained and passed a follow up inspection. Such failure shall be detailed in the mast climber log required by paragraph (1) of subdivision (n) of this section, along with a description of any adjustment, maintenance, or repair made to the mast climber.
      (5)   Three-month and annual inspection.
         (i)   Three-month inspection. Where a mast climber remains at a job site for three months or longer, it shall be inspected by a qualified person authorized by the equipment owner. Such inspection shall be in accordance with Section 6.4 of ANSI/SIA A92.9-1993, and shall also verify that the mast climber remains installed in accordance with approved plans. Such inspection shall be performed between two and a half to three months following the issuance of the initial certificate of on-site inspection by the department for the mast climber at the job site, and every two and a half to three months thereafter.
         (ii)   Annual inspection. Where a mast climber remains at a job site for one year or longer, the mast climber shall be inspected by a qualified person authorized by the equipment owner. Such inspection shall be in accordance with Sections 6.4 and 6.5 of ANSI/SIA A92.9-1993, and shall also verify that the mast climber remains installed in accordance with approved plans. Such inspection shall be performed between eleven months to one year following the issuance of the initial certificate of on-site inspection by the department for the mast climber at the job site, and every eleven months to one year thereafter.
         (iii)   Inspection report. Upon passing such three-month or annual inspection, a report detailing the inspection results shall be signed, dated, and completed by the person who performed the inspection, and shall be maintained at the job site, and made available to the department upon request.
         (iv)   Failing inspection. If the mast climber fails a three-month or annual inspection, it shall cease operation and shall not resume until it has been adjusted, repaired, or maintained and passed a subsequent inspection. Such failure shall be detailed in the inspection report and the mast climber log required by paragraph (1) of subdivision (n) of this section, along with a description of any adjustment, maintenance, or repairs made to the mast climber.
   (l)   Hazardous conditions. When a hazardous condition associated with a mast climber that could impact the public or adjoining property is identified, or where the mast climber fails an inspection required by subdivision (k) of this section, the use and operation of such mast climber shall cease. The mast climber shall not resume operation until the hazardous condition has been corrected and, where necessary, passed a subsequent inspection and/or has been repaired, adjusted, or maintained in accordance with paragraph (4) of subdivision (j) of this section.
   (m)   Training. Training shall be required for all individuals who install, remove, use, or operate a mast climber.
      (1)   Installation or removal. Beginning July 1, 2012, individuals who install or remove a mast climber, including the person supervising such individuals, shall have completed manufacturer provided training for the installation and removal of the specific make and model of the mast climber.
      (2)   Operation or use. Beginning July 1, 2012, individuals who operate or use a mast climber, including the person supervising such individuals, shall have completed a department-approved training course that is at least four (4) hours long, and a department-approved four (4) hour refresher course every (4) years thereafter that covers areas including, but not limited to, mast climber use and operation, hazards associated with such work, pre-use inspections, start up and shut down procedures, emergency descent procedures, fall protection, mast climber stability and balance, and storage of materials on a mast climber.
      (3)   Examinations. Successful completion of a four (4) hour mast climber training or refresher course required by paragraph (2) of this subdivision (m) shall be dependent upon passing a written examination conducted by the training provider.
      (4)   Training providers. Mast climber training and refresher courses required by paragraph (2) of this subdivision (m) shall be approved by the department and conducted by a provider approved by the department. A provider shall either be:
         (i)   A registered New York State Department of Labor apprenticeship training program;
         (ii)   An educational institution or school chartered, licensed or registered by the New York State Department of Education;
         (iii)   The mast climber manufacturer;
         (iv)   The mast climber owner; or
         (v)   An entity otherwise acceptable to the department.
      (5)   Instructors. Instructors of training courses required by paragraphs (1) or (2) of this subdivision (m) shall meet the definition of a qualified person with regard to the course material being taught.
      (6)   Records. The training provider of training courses required by paragraphs (1) or (2) of this subdivision (m) shall maintain records of all who attended the course(s) for a period of not less than seven (7) years. Such records shall be made available to the department upon request.
      (7)   Identification cards. Upon successful completion of a mast climber training or refresher course required by paragraphs (1) or (2) of this subdivision (m), the individual shall be issued a wallet size identification card acceptable to the department. Such card shall be kept on the person during the course of work and shall be presented to the department upon request. Such card shall contain the following information:
         (i)   The name of the individual to whom it was issued;
         (ii)   A photograph of the individual to whom it was issued;
         (iii)   The name and address of the issuing organization;
         (iv)   The date of issuance;
         (v)   An indication of the type of training completed (installer, user, operator); and
         (vi)   The signature of the course administrator.
   (n)   Documents. A copy of the operators manual, the manufacturer's capacity charts for the mast climber, approved plans, the valid certificate of operation, valid temporary or full certificate of on-site inspection, inspection reports and checklists, the maintenance checklist, and the log required by paragraph (1) of this subdivision (n) shall be kept at the job site, available for inspection by the department upon request. All such documents shall be in English.  In addition to the above, where the equipment owner authorizes the equipment user to provide the safety talk in accordance with paragraph (4) of subdivision (i) of this section, or perform adjustments or maintenance to the mast climber in accordance with paragraph (4) of subdivision (j) of this section, a copy of such written authorization shall be kept at the jobsite, available to inspection by the department upon request. Such authorization shall be in English and signed and dated by the equipment owner.
      (1)   Log. A log for each mast climber shall be maintained at the job site and shall be made available to the department upon request. All log entries shall be legible and written in English. The equipment user is responsible for ensuring the log is signed, dated, and completed. The log shall be kept up to date and contain the following information:
         (i)   The name and contact information of the person supervising installation or removal of the mast climber per paragraph (3) of subdivision (h) of this section;
         (ii)   A record of the meeting held prior to installation or removal work in accordance with paragraph (5) of subdivision (h) of this section, including the date and time of the meeting; the names, titles and company affiliations of all present at the meeting; a summary of what was discussed, including specific tasks and the name of the person to whom they were assigned; a list of the decisions made at the meeting; and a certification that all workers have completed the required training per paragraph (1) of subdivision (m) of this section;
         (iii)   The logging in, prior to each shift, of the person supervising the use and operation of the mast climber in accordance with paragraph (5) of subdivision (i) of this section, including the date and time, the name and signature of the person, and the business name, address, and phone number of the equipment user. Where this information changes during the day, the new person supervising the use and operation of the mast climber shall sign in;
         (iv)   The date, time, and names of the individuals who received a safety talk in accordance with paragraph (4) of subdivision (i) of this section, along with the name and signature of the person who conducted the safety talk;
         (v)   A record of any accidents involving the mast climber at the job site;
         (vi)   Record of repairs and adjustments made to the mast climber in accordance with paragraph (4) of subdivision (j) of this section; and
         (vii)   A record of any hazardous conditions discovered with the mast climber at the job site.
      (2)   The log shall be turned over by the equipment user to the equipment owner at the end of the job.
   (o)   Accident and incident reporting. When a mast climber operating in New York City and requiring a certificate of operation is involved in an accident or incident, the department shall be immediately notified, and use and operation of the mast climber shall cease. Following an accident or incident, no person shall permit any of the following without the permission of the department or under the lawful order of the New York City Police or Fire Department:
      (1)   Use or operation of such mast climber;
      (2)   Removal of the mast climber or any part thereof from the area of the job site; or
      (3)   Removal of any debris, objects or evidence involved in the accident or incident.
   (p)   Open applications. Applications shall be deemed abandoned, and the fee forfeited, one (1) year after the date of their filing pursuant to the provisions of Section 28-105.7 of the Administrative Code.
   (q)   Waiver. Where the equipment owner or equipment user can demonstrate practical hardship in complying with a requirement of this section, but can provide alternative means of compliance that do not compromise the safety of the public or property, the department may grant a waiver from such requirement of this section, provided the alternative means are complied with.
On and after December 31, 2014, all individuals who install, adjust, repair, maintain, use, inspect, or remove a suspended scaffold, or who supervise such work must have completed the training specified in Section BC 3314.4.5 of the New York City Building Code.
   (a)   Applicability. The design, construction, permitting, installation, removal, adjustment, repair, inspection, maintenance, operation and use of cranes and derricks must conform to the requirements of Section 3319 of the New York City Building Code and this section. This includes, but is not limited to, cranes and derricks used for hoisting and/or rigging purposes; or used for construction, alteration, demolition, excavation and maintenance purposes, including for buildings, highways or sewers; or used for the installation of piles; or used for the hoisting or lowering of any article on the outside of any building or structure. This also includes any equipment that meets the definition of a crane or derrick, including, but not limited to. dedicated pile drivers and manufactured or custom designed hoisting machines.
      Exceptions:
      (1)   Cranes and derricks listed in the exceptions set forth in Section 3319.3 of the New York City Building Code.
      (2)   Operators of cranes described in exceptions 3 and 4 of Section 3319.3 of the New York City Building Code are exempt from any licensing requirements where the cranes are used in connection with the installation or maintenance of street lighting or public utility overhead power distribution systems.
   (b)   Definitions. For the purposes of this section, the following terms have the following meanings:
      ACCESSORY. A secondary part or assembly of parts which contributes to the overall function and usefulness of a machine.
      APPOINTED. Assigned specific responsibilities by the employer or by the employer's representative.
      ANGLE INDICATOR (boom). An accessory which measures the angle of the boom to the horizontal.
      ATTACHMENTS. Elements that can be readily added to or removed from a crane or derrick and which expand the range or function of the crane or derrick. Examples include, but are not limited to: an auger, boom extension, clamshell, drill, jib, jib extension, or pile-driver.
      AXIS OF ROTATION. The vertical axis around which the crane superstructure rotates.
      AXLE. The shaft or spindle with which or about which a wheel rotates. On truck and wheel mounted cranes it refers to an automotive type of axle assembly including housing, searing, differential, bearings and mounting appurtenances.
      AXLE (bogie). Two or more automotive type axles mounted in tandem in a frame so as to divide the load between the axles and permit vertical oscillation of the wheels.
      BASE (mounting). The base or carrier on which the rotating superstructure is mounted such as a truck, crawler or platform.
      BOOM. A section or strut, of which the heel (lower end) is affixed to a base, carriage or support, and whose upper end supports a cable and sheaves where the load is lifted by means of wire rope and a hook.
      BOOM ANGLE. The angle between the longitudinal centerline of the boom and the horizontal. The boom longitudinal centerline is a straight line between the boom foot pin (heel pin) centerline, and boom point sheave pin centerline.
      BOOM HARNESS. The block and sheave arrangement on the boom point to which the topping lift cable is reeved for lowering and raising the boom.
      BOOM HOIST. A hoist drum and rope reeving system used to raise and lower the boom.
      BOOM POINT. The outward end of the top section of the boom, containing the hoist sheave assembly.
      BOOM STOP. A device used to limit the angle of the boom at the highest position.
      BRAKE. A device used for retarding or stopping motion by friction or power means.
      CAB. A housing which covers the rotating superstructure machinery and/or operators station.
      CABLEWAY. A power operated system for moving loads in a generally horizontal direction in which the loads are conveyed on an overhead cable, track or carriage.
      CERTIFICATE OF APPROVAL. A certificate issued by the department upon review and approval of the engineering and testing of a specific make and model of hoisting equipment to ensure compliance with the applicable provisions of this code and its referenced standards.
      CERTIFICATE OF OPERATION. A certificate issued by the department annually upon satisfactory inspection of the hoisting equipment holding a certificate of approval to ensure that the equipment continues to be in compliance with this code and its referenced standards.
      CERTIFICATE OF ON-SITE INSPECTION. A certificate issued by the department based on a site-specific approval of the placement, founding and operation of hoisting equipment.
      CLAMSHELL. A shovel bucket with two jaws that clamp together by their own weight when it is lifted by a closing line.
      CLIMBING/JUMPING. The raising or lowering of a tower or climber crane to different floors or levels of a building or structure.
      CLUTCH. A friction, electromagnetic, hydraulic, pneumatic or positive mechanical device for engagement of power.
      COMPETENT PERSON. One who is capable of identifying existing predictable hazards in the surroundings or conditions that are unsanitary, hazardous or dangerous, and who has authorization to take prompt corrective measures to eliminate such hazards.
      COMPONENT. A structural part or mechanical system that is integral to the crane or derrick, or an element that supports an integral structural part or mechanical system. Examples include, but are not limited to: a-frame, attachments, boom, boom tip, braking system, climbing frame or section, climbing mechanism, collar, counter jibs, counterweight, counterweight support system, engine, heel boom, hoist drum, hoist motor, machine deck or platform, mast, operator's cabin, pendant bars (excluding wire rope pendants), suspension system, tower base/base frame, tower top, and turntable. For a derrick, a component also includes base plates, junctions, poles and other uprights, seats, and stiff legs.
      COUNTERWEIGHT. Weight used to supplement the weight of the machine in providing stability for lifting working loads.
      CRANE. A power-operated machine for lifting or lowering a load and moving it horizontally which utilizes wire rope and in which the hoisting mechanism is an integral part of the machine.  The definition of a crane shall also include articulating boom crane, regardless of whether it has a hoisting mechanism integral to the machine.
         ARTICULATING BOOM CRANE. A power-operated machine for lifting or lowering a load and moving it horizontally that utilizes a boom consisting of a series of folding pin connected structural members, typically manipulated to extend or retract by power from hydraulic cylinders, with or without a hoisting mechanism integral to the machine.
         MOBILE CRANE. A commercial truck mounted crane, crawler crane, wheel mounted crane (multiple control stations'), or wheel mounted crane (single control station).
            COMMERCIAL TRUCK MOUNTED CRANE (BOOM TRUCK). A crane consisting of a rotating superstructure (center post or turntable), boom, operating machinery, and one or more operator's stations mounted on a frame attached to a commercial truck chassis, usually retaining a payload hauling capability whose power source usually powers the crane. Its function is to lift, lower, and swing loads at various radii.
            CRAWLER CRANE. A crane consisting of a rotating superstructure with a power plant, operating machinery, and boom, mounted on a base and equipped with crawler treads for travel. Its function is to lift, lower, and swing loads at various radii.
            WHEEL MOUNTED CRANE (MULTIPLE CONTROL STATIONS). A crane consisting of a rotating superstructure, operating machinery, and operator's station and boom, mounted on a crane carrier equipped with axles and rubber-tired wheels for travel, a power source(s), and having separate stations for driving and operating. Its function is to lift, lower, and swing loads at various radii.
            WHEEL MOUNTED CRANE (SINGLE CONTROL STATION). A crane consisting of a rotating superstructure, operating machinery, and boom, mounted on a crane carrier equipped with axles and rubber-tired wheels for travel, a power source, and having a single control station for driving and operating. Its function is to lift, lower, and swing loads at various radii.
         TOWER CRANE. A power-operated hoisting machine that utilizes a vertical tower with a rotating superstructure and includes a load boom (jib) in order to lift or lower a load and move it horizontally.
            CLIMBER CRANE. A tower crane that can be raised to a new working height, either by adding tower sections to the top of the crane (top climbing) or by a system in which the entire crane is raised inside the structure (inside climbing).
            SELF-ERECTING TOWER CRANE. A tower crane that adjusts its operating radius by means of a trolley traversing a jib and that; (i) possesses vertical or nearly vertical masts that are bottom slewing and mounted on fixed, traveling, or mobile bases; and (ii) is capable of folding and unfolding to facilitate transit from jobsite to jobsite with minimal assembly.
      DEDICATED PILE DRIVER. A power-operated machine that is designed exclusively to drive, hammer, press, or vibrate piles into the earth ("pile drive") and which possess the ability to both hoist the material that will be pile driven and to pile drive that material.
      DERRICK. An apparatus consisting of a mast or equivalent member held at the top by guys or braces, with or without a boom, for use with a hoisting mechanism and operating ropes, for lifting or lowering a load and moving it horizontally. The definition of a derrick includes but is not limited to: A-frame derrick, basket derrick, breast derrick, Chicago boom derrick, gin pole derrick, guy derrick, shearleg derrick, and stiffleg derrick.
         A-FRAME DERRICK. A derrick in which the boom is hinged from a cross member between the bottom ends of two upright members spread apart at the lower ends and joined at the top; the boom point secured to this junction of the side members, and the side members are braced or guyed from the junction point.
         BASKET DERRICK. A derrick without a boom, similar to a gin pole with its base supported by ropes attached to corner posts or other parts of the structure. The base is at a lower elevation than its supports. The location of the base of a basket derrick can be changed by varying the length of the rope supports. The top of the pole is secured with multiple reeved guys to position the top of the pole to the desired location by varying the length of the upper guy lines. The load is raised and lowered by ropes through a sheave or block secured to the top of the pole.
         BREAST DERRICK. A derrick without a boom. The mast consists of two side members spread farther apart at the base than at the top and tied together at top and bottom by rigid members. The mast is prevented from tipping forward by guys connected to its top. The load is raised and lowered by ropes through a sheave or block secured to the top crosspiece.
         CHICAGO BOOM DERRICK. A derrick with a boom which is attached to a structure, an outside upright member of the structure serving as the mast, and the boom being stepped in a fixed socket clamped to the upright. The derrick is complete with toad, boom and boom point swing line falls.
         GIN POLE DERRICK. A derrick that consists of a boom without a mast and which has guys arranged from its top to permit leaning the mast in one or more directions. The load is lifted and lowered by ropes reeved through sheaves or blocks at the top of the mast and the lower block.
         GUY DERRICK. A fixed derrick consisting of a mast capable of being rotated, supported in a vertical position by guys, and a boom whose bottom end is hinged or pivoted to move in a vertical plane with a reeved rope between the head of the mast and the boom point for raising and lowering the boom, and a reeved rope from the boom point for raising and lowering the load.
         SHEARLEG DERRICK. A derrick without a boom. The mast, wide at the bottom and narrow at the top, is hinged at the bottom and has its top secured by a multiple reeved guy to permit handling loads at various radii by means of load tackle suspended from the mast top.
         STIFFLEG DERRICK. A derrick similar to a guy derrick except that the mast is supported or held in place by two or more stiff members, called stifflegs, which are capable of resisting either tensile or compressive forces. Sills are generally provided to connect the lower ends of the stifflegs to the foot of the mast.
      DISMANTLING. The final process of taking apart, piece by piece, in a specific sequence, the components of a crane. Dismantling shall include climbing and jumping.
      DRUM. The cylindrical member around which a rope is wound for raising and lowering the load or boom.
      DYNAMIC (loading). Loads introduced into the machine or its components by forces in motion.
      ENGINEER. A person licensed and registered to practice the profession of engineering under the education law of the state of New York; except that the certifications for matters relating to the manufacturer's design and applications for prototyping a crane or derrick may be made by an engineer who is (1) employed full time by the crane or derrick manufacturer and (2) who is licensed to practice the profession of engineering under the law of any state or foreign jurisdiction, or who submits proof, acceptable to the commissioner, of his or her professional qualifications.
      ERECTION. The assembly and placement of crane sections and components into place, including all operations incidental thereto. Erection shall include climbing and jumping.
      EXTENSION. See "Attachment."
      GANTRY(A-Frame). A structural frame, extending above the superstructure of a crane, to which the boom support ropes are reeved.
      GUDGEON PIN. A pin connecting the mast cap to the mast, allowing rotation of the mast.
      GUY. A rope used to steady or secure the mast or other members in the desired position.
      HOISTING EQUIPMENT. Equipment used to raise and lower personnel and/or material with intermittent motion. Hoisting equipment does not include scaffolds, mast climbers, and elevators.
      HOISTING MACHINE. A power operated machine used for lifting or lowering a load, utilizing a drum and wire rope, excluding elevators. This shall include but not be limited to a crane, derrick, and cableway and hydraulic lifting system, and articulating booms.
      HOISTING MECHANISM. A hoist drum and rope reeving system used for lifting and lowering loads.
      JIB. An extension attached to the boom point to provide added boom length for lifting specified loads. The jib may be in line with the boom or offset to various angles in the vertical plane of the boom.
      JUMP (jumping). The process of adding or removing mast or tower sections to equipment that has already been erected.
      LAY. That distance measured along a wire rope in which one strand makes one complete helical convolution about the core or center.
      LOAD (working). The external load, in pounds (kilograms), applied to the crane or derrick, including the weight of auxiliary load attaching equipment such as load blocks, shackles, and slings.
      LOAD BLOCK (upper). The assembly of hook or shackle, swivel, sheaves, pins, and frame suspended from the boom point.
      LOAD BLOCK (lower). The assembly of hook or shackle, swivel, sheaves, pins and frame suspended by the hoisting ropes.
      LOAD HOIST. A hoist drum and rope reeving system used for hoisting and lowering loads.
      LOAD INDICATOR. A device that measures the weight of the load.
      LOAD MOMENT INDICATOR. A system that aids the operator by sensing (directly or indirectly) the overturning moment of the crane or derrick. It compares this lifting condition to the equipment's rated capacity, and indicates to the operator the percentage of capacity at which the equipment is working.
      LOAD MOMENT LIMITER. A system which aids the operator by sensing (directly or indirectly) the overturning moment of the crane or derrick. It compares this lifting condition to the equipment's rated capacity, and when the rated capacity is reached, it shuts off power to those equipment functions which can increase the severity of loading on the equipment.
      LOAD RATINGS. Crane and derrick ratings in pounds (kilograms) established by the manufacturer in accordance with standards set forth in rules promulgated by the commissioner.
      LOAD RATING CHART. A full and complete range of manufacturer's crane load ratings at all stated operating radii, boom angles, work areas, boom lengths and configurations, jib lengths and angles (or offset), as well as alternative ratings for use and nonuse of optional equipment on the crane, such as outriggers and extra counterweights, that affect ratings.
      MANUFACTURER. A person, firm, or corporation that (i) builds or assembles, or has built or assembled, a crane or derrick, (ii) may lawfully sell and/or distribute such crane or derrick under its own name or trademark, and (iii) provides, either by itself or through authorized representatives, replacement parts, service support, technical support, safety bulletins, and recall notices for such crane or derrick.
      MAST (derrick). The upright member of a derrick.
      MAST (boom). A frame hinged at or near the boom hinge for use in connection with supporting a boom. The head of the mast is usually supported and raised or lowered by the boom hoist ropes.
      MAST (jib). A frame hinged at or near the boom point for use in connection with supporting a jib.
      MAST (tower). See "Tower."
      OUTRIGGERS (crane). Extendable or fixed members attached to the mounting base that rest on supports at the outer ends used to support the crane.
      QUALIFIED PERSON. A person who by possession of a recognized degree, certificate or professional standing, or who by knowledge, training and experience, has successfully demonstrated his or her ability to solve or resolve problems related to the subject matter, the work, or the project.
      REEVING. A rope system in which the rope travels around drums and sheaves.
      ROPE. A continuous line of material comprised of a number of twisted or braided strands of fiber (natural or synthetic) or metal wire.
      SIDE LOADING. A load applied at an angle to the vertical plane of the boom.
      SILL. A member connecting the foot block and stiffleg or a member connecting the lower ends of a double member mast.
      STANDING (GUY) ROPE. A supporting rope which maintains a constant distance between the points of attachment to the two components connected by the rope.
      SUPERSTRUCTURE. The rotating upper frame structure of the machine and the operating machinery mounted thereon.
      SWING. Rotation of the superstructure for movement of loads in a horizontal direction about the axis of rotation.
      SWING MECHANISM. The machinery involved in providing rotation of the superstructure.
      TACKLE. An assembly of ropes and sheaves arranged for hoisting and pulling.
      TELESCOPIC BOOM. A boom constructed of sections of diminishing cross sections in which the sections fit within each other. The boom may be extended in a manner similar to a telescope.
      TOWER. A vertical structural frame consisting of columns and bracing that are capable of supporting working and dynamic loads and transmitting them to the support(s).
      TRANSIT. The moving or transporting of a crane from one job site to another.
      TRAVEL. The function of the machine moving from one location to another on a job site.
      TRAVEL MECHANISM. The machinery involved in providing travel power.
      TWO-BLOCKING. A condition in which the lower load block or hook assembly comes into contact with the upper load block or boom point sheave assembly.
      WHEEL BASE. Distance between centers of front and rear axles. For a multiple axle assembly the axle center wheel base measurement is taken as the midpoint of the assembly.
      WHIPLINE. A separate hoist rope system of lighter load capacity and higher speed than provided by the main hoist.
      WINCH HEAD. A power driven spool for handling of loads by means of friction between fiber or wire rope and spool.
   (c)   Permit requirements for cranes and derricks.
      (1)   Certificates of approval, operation, and on-site inspection. Cranes and derricks must possess a certificate of approval, certificate of operation, and certificate of on-site inspection when required by Section 3319 of the Building Code.
      (2)   Temporary construction equipment permit. A temporary construction equipment permit, such as an Alt II permit or a CD-5 permit, is required for:
         (i)   A mobile crane used in conjunction with the construction, alteration, or demolition of a building, and that does not meet any exception other than numbers 3 or 4 of Section 3319.3 of the New York City Building Code.
         (ii)   Cranes and derricks with a manufacturer's rated capacity of 1 ton (907 kg) or less and used in conjunction with the installation, alteration, maintenance, repair, or removal of a building, building systems, or equipment located on a building.
      (3)   Noncompliance. Where a crane or derrick requiring one or more of the certificates or permits is found not to be in compliance with one or more of the required certificates or permits, the use of such crane or derrick must cease. The crane or derrick must not be used until it has been brought into conformance with the certificates or permits, or amended certificates or permits have been issued by the department to reflect the state of the crane or derrick.
   (d)   Certificate of approval. Certificates of approval must comply with the requirements of Section 3319.4 of the New York City Building Code and the following.
      (1)   Application for a certificate of approval. To request a certificate of approval in accordance with Section 3319.4 of the New York City Building Code, a prototype application must be filed on behalf of the manufacturer or equipment owner by an engineer who meets the requirements of paragraph (2) of subdivision (d) of this section. The application and all associated content must be provided in English, with United States customary units, or where acceptable to the commissioner, metric units. When required by the department, the application must be submitted in an electronic format acceptable to the commissioner. The application must include the following information:
         (i)   Manuals. One or more manufacturer-furnished manuals, as necessary, to supply the information listed below. Required information is generic and does not have to provide specific part or model numbers:
            (A)   All configurations for which approval is sought.
            (B)   Overall dimensions of the crane or derrick, including for the boom, mast, jib, and attachments, or individual sections thereof, for which approval is sought.
            (C)   Where applicable, information on the carrier type, overall carrier length and width, and tailswing, both with outriggers extended and without.
            (D)   Rope information, including cable sizes and the number of drums, for both the main hoist line and the whipline.
            (E)   A generic listing of all safety devices and operational aids provided with the crane or derrick.
            (F)   Required configurations and procedures to secure the crane or derrick for unattended or out-of-service conditions. For a tower crane, other than a self-erecting tower crane, this must include boom configurations for weathervaning, information or limitations/prohibitions on locking or restricting the boom, and procedures to secure the tower crane in advance of a hurricane type wind event.
            (G)   For a tower crane, other than a self-erecting tower crane, erection, jumping, climbing, and dismantling procedures. Torque values for all bolted connections located on the crane and installed or modified during such work must be included. Collar details and information on how to support, install, and dismantle the collar must also be provided.
            (H)   For all cranes or derricks, other than a tower crane that is not a self-erecting tower crane, assembly, disassembly, and travel procedures, including, as applicable, installation and removal procedures for all attachments for which approval is sought. Torque values for all bolted connections installed or modified during crane set up or the installation of an attachment must be included.
            (I)   Operating instructions.
            (J)   Inspection criteria, including a schedule of manufacturer-recommended inspections.
            (K)   Maintenance criteria, including a schedule of manufacturer-recommended maintenance.
         (ii)   Brochure. A manufacturer-furnished advertising brochure or drawing showing the general configuration and specifications for which approval is sought.
         (iii)   Load rating charts. Manufacturer-furnished load rating charts showing each configuration for which approval is sought.
         (iv)   Inspection checklists. Manufacturer-furnished checklists for the inspection of the crane or derrick. Such checklists must account for all components for which approval is sought and all phases of the manufacturer's recommended schedule of inspections, for example, daily, monthly, and annual.
         (v)   Maintenance checklists. Manufacturer-furnished checklists for the maintenance of the crane or derrick. Such checklists must account for all components for which approval is sought and all phases of the manufacturer's recommended schedule of maintenance, for example, daily, monthly, and annual.
         (vi)   Listing of components. Manufacturer-furnished list of all components for which approval is sought. The list is generic and does not have to provide specific part or model numbers. The list must also be accompanied by:
            (A)   For a tower crane, other than a self-erecting tower crane, manufacturer-furnished drawings indicating the weight, dimensions, center of gravity, and lifting points for the boom, mast, jib, collar, and all attachments, or individual sections thereof, for which approval is sought.
            (B)   For all cranes or derricks, other than a tower crane that is not a self-erecting tower crane, manufacturer-furnished drawings indicating, as applicable, the weight, dimensions, center of gravity, and lifting points for the lattice boom, jib, and all attachments, or individual sections thereof, for which approval is sought.
            (C)   In addition to the provisions of clauses (A) and (B) above, for a crane or derrick with a telescoping boom, manufacturer-furnished drawings indicating the weight, dimensions, and center of gravity for the entire crane or derrick with the boom fully retracted and fully extended.
         (vii)   Counterweight tables. Manufacturer-furnished table of all counterweight combinations and counterweight attachments for each configuration for which approval is sought.
         (viii)   Tables of allowable installation and use.
            (A)   Tower cranes, other than self-erecting tower cranes. For tower cranes, other than self-erecting tower cranes, the manufacturer must submit tables that include the following data for the tower crane at its maximum free standing height in each separate standard configuration indicated in the submitted load rating charts:
               1.   The maximum in-service moment, based on a 45 mph in-service wind.
               2.   The maximum out-of-service moment, based on a 98 mph out-of-service wind.
               3.   The slewing moment, based on a 45 mph in-service wind.
               4.   Corresponding vertical loads at the foundation.
            Such data must be calculated in accordance with ASCE 7- 2005, and be provided at Exposures B, C, and D. The maximum free standing height must be clearly indicated, and must be based on a 98 mph out-of-service wind, or a 45 mph in-service wind when such in-service wind produces a lower free standing height.
            Special conditions in which the crane may not be used or installed (e.g. crane configuration, height, exposure, etc.) must be clearly indicated.
            (B)   All other cranes and derricks. For all cranes or derricks, other than tower cranes that are not self-erecting tower cranes, the manufacturer must provide tables showing the maximum in-service and out-of-service boom, mast and attachment lengths for each configuration for which approval is sought.
         (ix)   Technical certification. A certification from the engineer who files the prototype application that:
            (A)   The crane or derrick for which approval is sought was designed and constructed in accordance with an applicable standard listed in paragraph (1) of subdivision (e) of this section. The standard and the year of the standard utilized must be noted.
            (B)   The manuals and load rating charts filed as part of the prototype application are in accordance with the requirements of paragraph (2) of subdivision (e) of this section.
            (C)   For a tower crane, other than a self-erecting tower crane, the data provided per subparagraph (viii) of paragraph (1) of subdivision (d) of this section conforms to ASCE 7- 2005.
            (D)   For a crane, the crane, in all configurations for which approval is sought, successfully passed the prototype testing required by paragraph (3) of subdivision (e) of this section.
         (x)   Contact information. The manufacturer must supply contact information for the following:
            (A)   Technical questions. For technical questions, an individual, employed full-time by the manufacturer, who is authorized by the manufacturer to provide answers to technical questions related to the crane or derrick.
            (B)   Service questions. For service questions, a 24/7 telephone hotline that is maintained or authorized by the manufacturer.
            (C)   Service support. For jobsite service support, a manufacturer authorized service center, distributor, or authorized service provider located within a four hour travel window of New York City, which must be able to dispatch a factory trained service technician to New York City in the event of an emergency or major malfunction, as determined by the department, with the crane or derrick.
         (xi)   Safety bulletins and recall notices. Certification from the manufacturer that safety bulletins and recall notices for the crane or derrick will be provided in accordance with paragraph (6) of subdivision (d) of this section.
         (xii)   ISO certification. The manufacturer must certify that it possesses the International Organization for Standardization (ISO), or equivalent, certification required by paragraph (4) of subdivision (c) of this section. A copy of the ISO certification, or equivalent, must be submitted.
      (2)   Engineer. The engineer who files the application for the certificate of approval must be either:
         (i)   A full-time employee of the manufacturer who is licensed to practice the profession of engineering under the law of any state or foreign jurisdiction, or who submits proof, acceptable to the commissioner, of his or her professional qualifications; or
         (ii)   A person licensed and registered to practice the profession of engineering under the education law of the state of New York.
      (3)   Issuance of the certificate of approval. Upon approval of the prototype application, the department will issue an initial certificate of approval for the crane or derrick. The manuals, load rating charts, and other information submitted with the prototype application and accepted by the department are considered part of the certificate of approval.
      (4)   Amendments to the certificate of approval.
         (i)   When required. A certificate of approval must be amended in any of the following circumstances:
            (A)   Information provided in the load rating charts is no longer valid or will be altered.
            (B)   A configuration that was not provided for in the certificate of approval will be utilized.
            (C)   A component that was not provided for in the certificate of approval will be utilized. This includes, but is not limited to, components that have weights, dimensions, centers of gravity, or lifting points that are different from those listed in the certificate of approval.
            (D)   Information supplied per subparagraph (vii) of paragraph (1) of subdivision (d) of this section is no longer valid or will be altered.
            (E)   For a crane or derrick whose initial certificate of approval was issued on or after January 1, 2016, information supplied per subparagraph (viii) of paragraph (1) of subdivision (d) of this section is no longer valid or will be altered.
         (ii)   Amendment request. A request to amend a certificate of approval must be filed:
            (A)   On behalf of the manufacturer. On behalf of the manufacturer by an engineer who meets the requirements of paragraph (2) of subdivision (d) of this section; or
            (B)   On behalf of the owner. On behalf of the equipment owner by an engineer licensed and registered to practice the profession of engineering under the education law of the state of New York, provided:
               1.   The manufacturer is no longer in business; or
               2.   The equipment owner has submitted to the manufacturer a detailed description of the proposed amendment, and has asked the manufacturer to request the amendment, but:
                  A.   The manufacturer has not rejected the request. A rejection must be in the form of a written explanation from the manufacturer that rejects the request and explains the reasons for the rejection; and
                  B.   The manufacturer declines to review the request; or
                  C.   The manufacturer, within 30 days of the request, fails to acknowledge the request or initiate a review of the request; or
                  D.   The manufacturer acknowledges the request or begins a review of the request, but, within 120 days of the request, fails to submit an amendment to the department.
         (iii)   Content of amendment request. Amendment requests, and all associated content, must be provided in English, with United States customary units, or where acceptable to the commissioner, metric units. When required by the department, the application must be submitted in an electronic format acceptable to the commissioner. The amendment request must include the following information:
            (A)   A listing of revisions to the certificate of approval necessary to accord with the proposed amendment.
            (B)   Where load ratings are altered, revised load rating charts, along with a certification from the engineer who files the amendment request that the revised load rating charts are in accordance with the requirements of paragraph (2) of subdivision (e) of this section.
            (C)   Where applicable, revised component information in accordance with subparagraph (vi) of paragraph (1) of subdivision (d) of this section.
            (D)   Where applicable, revised counterweight information in accordance with subparagraph (vii) of paragraph (1) of subdivision (d) of this section.
            (E)   Where applicable, revised data in accordance with subparagraph (viii) of paragraph (1) of subdivision (d) of this section. For a tower crane, other than a self-erecting tower crane, the engineer who files the amendment request must certify that the revised data conforms to ASCE 7-2005.
            (F)   Where changes are made that decrease the structural stability or structural strength of a crane, or increase the loads or stresses upon the crane, including but not limited to adding configurations, booms, or jibs, certification from the engineer who files the amendment request that the crane, as proposed to be amended, has successfully passed the prototype testing required by paragraph (3) of subdivision (e) of this section.
            (G)   In addition to the requirements of clauses (A) through (F) above, where the amendment request is filed on behalf of the manufacturer, any other supplements, as applicable, to the certificate of approval in accordance with paragraph (5) of subdivision (d) of this section.
            (H)   In addition to the requirements of clauses (A) through (F) above, where the amendment request is filed on behalf of the equipment owner:
               1.   A certification from the equipment owner that the manufacturer is no longer in business; or a copy of the request made to the manufacturer, along with any response from the manufacturer, as required by item 2 of clause (B) of subparagraph (ii) of paragraph (4) of subdivision (d) of this section.
               2.   When any information in the manufacturer's supplied manuals has to be revised, one or more revised manuals, as necessary, along with a certification from the engineer who files the amendment request that the revised manuals are in accordance with the requirements of paragraph (2) of subdivision (e) of this section. Deviations and modifications from the manufacturer's original materials must be clearly indicated.
               3.   When any of the checklists required by subparagraphs (iv) or (v) of paragraph (1) of subdivision (d) of this section has to be revised, one or more revised checklists, as necessary. Deviations and modifications from the manufacturer's original materials must be clearly indicated.
               4.   Certification from the engineer who files the amendment request, based upon a review of the design calculations and testing of the crane or derrick manufacturer by the engineer, or by sufficient calculations made by the engineer, or by testing acceptable to the commissioner, that:
                  A.   The manufacturer's original safety factor of the equipment is not reduced by the proposed amendment.
                  B.   The crane or derrick, as proposed to be modified by the amendment, complies with the applicable design and construction standard for the crane or derrick, as listed in paragraph (1) of subdivision (e) of this section.
               5.   Plates, tags, and decals as necessary to accord with the proposed amendment, along with instructions for their use. Such items must be developed, signed, and sealed by the engineer who files the request for the amendment.
               6.   Certification from the engineer who files the request for amendment that the engineer approves the modification/addition stipulated in the amendment, and specifies the equipment configuration to which the approval applies.
               7.   Certification from the equipment owner that such owner will comply with the provisions of the amendment, including but not limited to ensuring their cranes or derricks which utilize the amendment are provided with the revised load rating charts and manuals, as well as plates, tags, and decals as necessary to accord with the proposed amendment.
         (iv)   Issuance. Upon approval of the amendment by the department, the department will issue an amended certificate of approval for the crane or derrick.
            (A)   Special provisions for an amendment filed by an equipment owner. Where an amendment request is filed by an equipment owner on or after January 1, 2016, only equipment owned by such owner may utilize the amendment. However, nothing in this clause will prohibit a separate equipment owner from filing, and the department approving, a separate amendment covering the same material.
      (5)   Manufacturer supplements to the certificate of approval. When required by subparagraphs (i) through (iv) below, the manufacturer must provide supplements to the certificate of approval. Such supplements, and all associated content, must be provided in English, with United States customary units, or where acceptable to the commissioner, metric units. When required by the department, the supplement must be submitted in an electronic format acceptable to the commissioner. Supplements must be filed by an engineer who meets the requirements of paragraph (2) of subdivision (d) of this section. No fee will be charged to file a supplement. When accepted by the department, a supplement will be considered pari of the certificate of approval; except that any supplement filed under the provisions of subparagraph (iv) below will be applicable only for the specific job detailed in the certificate of on-site inspection.
         (i)   Manual updates. When the manufacturer revises any of the information required by subparagraph (i) of paragraph (1) of subdivision (d) of this section, the manufacturer must provide to the department one or more revised manuals, as necessary. The engineer who files the revised manual must certify that the manual is in accordance with the requirements of paragraph (2) of subdivision (e) of this section.
         (ii)   Updates to inspection and maintenance checklists. When the manufacturer revises any of the checklists required by subparagraphs (iv) or (v) of paragraph (1) of subdivision (d) of this section, the manufacturer must provide to the department one or more revised checklists, as necessary.
               Exception. Cranes or derricks whose initial certificate of approval was issued prior to January 1, 2016.
         (iii)   Contact information updates. When any manufacturer contact information required by subparagraph (x) of paragraph (1) of subdivision (d) of this section changes, the manufacturer must provide updated points of contact within five (5) business days of the change.
            (A)   Exception. Cranes or derricks whose initial certificate of approval was issued prior to January 1, 2016.
            (B)   No manufacturer support. Where there is no manufacturer to support a crane or derrick, the certificate of approval will remain valid.
         (iv)   Jobsite specific wind analysis for tower cranes. For the approval of the installation of a tower crane at a specific job site, other than a self-erecting tower crane, the following documentation must be submitted to the department prior to the approval of drawings for the certificate of on-site inspection.
            (A)   A copy of the jobsite specific information that the filing engineer provided to the manufacturer.
            (B)   A copy of the forces provided by the manufacturer to the filing engineer in response to clause (A) above, with an affirmation from the manufacturer that such forces are accurate.
      (6)   Safety bulletins and recall notices. The department will provide to each manufacturer a list containing the serial numbers of all cranes and derricks registered in New York City manufactured by such manufacturer. The manufacturer in turn must provide to the department all safety bulletins and recall notices issued by such manufacturer related to cranes and derricks found on the list provided by the Department when the safety bulletin or recall notice is issued. No fee will be charged to file such bulletin or notice with the department.
         Safety bulletins and recall notices will not be considered part of a crane or derrick's certificate of approval and will not impact the validity of any such certificate. The department may require proof that a crane or derrick with a certificate of operation or a certificate of on-site inspection, or a crane or derrick for which such certificate(s) are sought complies with the safety bulletin or recall notice.
      (7)   ISO certification. If the manufacturer loses its International Organization for Standardization (ISO), or equivalent, certification for the make and model of the crane or derrick, this loss must be reported to the department within ten (10) business days after it occurs.
            Exception. Cranes or derricks whose initial certificate of approval was issued prior to January 1, 2016.
      (8)   Current certificate of approval holders. Any crane or derrick that conforms with a previously issued, currently valid certificate of approval need not apply for a new certificate of approval.
      (9)   Previously issued temporary certificates of approval. Temporary certificates of approval issued prior to January 1, 2016, are deemed to be approved as an initial certificate of approval, retroactive to the date of issuance of the temporary certificate of approval, provided such temporary certificate of approval was not otherwise revoked prior to January 1, 2016, and provided that the prototype application for such temporary certificate of approval contained a certification from the manufacturer of the crane or derrick, or a person licensed and registered to practice the profession of engineering under the education law of the state of New York, that the crane or derrick was designed and constructed in accordance with one of the standards listed in clauses (A) through (F) of sub paragraph (i) of paragraph (1) of subdivision (e) of this section.
      (10)   Suspension or revocation of a certificate of approval. The department may suspend or revoke a certificate of approval in accordance with Section 28-105.10 of the New York City Administrative Code.
   (e)   Standards.
      (1)   Design and construction standards.
         (i)   Design and construction standards for cranes or derricks whose prototype application is submitted on or after January 1, 2016. Cranes and derricks, and their components, whose prototype application is submitted on or after January 1, 2016 must, in their entirety, be designed and constructed in accordance with the following:
            (A)   Mobile cranes, other than an articulating boom crane. For a mobile crane, other than an articulating boom crane, ASME B30.5 (2004, 2007, 2011, or 2014 editions), or EN 13000 (2004, 2010, or 2014 editions).
            (B)   Tower cranes, other than a self-erecting tower crane. For a tower crane, other than a self-erecting tower crane, ASME B30.3 (2004, 2009, or 2012 editions'), or EN 14439 (2006 or 2009 editions).
            (C)   Derricks. For a derrick, ASME B30.6 (2003 or 2010 editions).
            (D)   Articulating boom crane. For an articulating boom crane, ASME B30.22 (2005 or 2010 editions).
            (E)   Self-erecting tower crane. For a self-erecting tower crane, ASME B30.29 (2012 edition), or EN 14439 (2009 edition).
            (F)   Dedicated pile drivers. EN 996 (2009 or 2014 editions).
            (G)   Equivalent standards. For any type of crane or derrick, such other standard as the commissioner deems equivalent to the ASME or EN standards listed above.
         (ii)   Design and construction standards for cranes and derricks whose prototype application was submitted prior to January 1, 2016. Cranes and derricks, and their components, whose prototype application was submitted prior to January 1, 2016 must have been designed and constructed in accordance with the following:
            (A)   Mobile cranes manufactured prior to October 1, 2006 and whose prototype application was submitted prior to October 1, 2006. Mobile cranes, and their components-manufactured prior to October 1, 2006 and whose prototype application was submitted prior to October 1, 2006 must, in their entirety, be designed and constructed in accordance with ASME B30.5-1968.
            (B)   Mobile cranes manufactured on or after October 1, 2006 and whose prototype application was submitted on or after October 1, 2006 but prior to January 1,2016. Mobile cranes, and their components, manufactured on or after October 1, 2006 and whose prototype application was submitted on or after October 1, 2006 but prior to January 1, 2016, must, in their entirety, be designed and constructed in accordance with ASME B30.5 – 2004 Chapter 5-1 except Section 5-1.9.9, or EN 13000 (2004) except Section 4.2.6.
            (C)   Mobile cranes manufactured prior to October 1, 2006 and whose prototype application was submitted on or after October 1, 2006 but prior to January 1, 2016. Mobile cranes, and their components, manufactured before October 1, 2006 and whose prototype application was submitted on or after October 1, 2006 but prior to January 1, 2016, must, in their entirety, be designed and constructed in accordance with one of the following standards:
               (i)   ASME B30.5 – 2004 Chapter 5-1 except Section 5-1.9.9;
               (ii)   ASME B30.5 – 2000 Chapter 5-1 except Section 5-1.9.9;
               (iii)   ASME B30.5 – 1994 Chapter 5-1 except Section 5-1.9.9;
               (iv)   ASME B30.5 – 1989 Chapter 5-1 except Section 5-1.9.9;
               (v)   ASME B30.5 – 1982 Chapter 5-1 except Section 5-1.9.9;
               (vi)   EN 13000 (2004) except Section 4.2.6; or
               (vii)   Such other standard as the Commissioner deems appropriate.
      (2)   Manuals and load rating chart standards. Manuals and load rating charts for cranes and derricks must be in English, with United States customary units, or where acceptable to the commissioner, metric units, and be in accordance with the requirements of the standard utilized for the design and construction of the crane or derrick. Manuals and load rating charts must also include manual or chart numbers, and page numbers.
         (i)   De-rating. Load rating charts, and amendments to load rating charts, submitted on or after January 1, 2016, may not be de-rated to circumvent licensing provisions, or to meet exemptions contained within this section or within the New York City Construction Codes.
      (3)   Prototype testing standards.
         (i)   Prototype testing of mobile cranes submitted prior to October 1, 2006. A prototype of each mobile crane, and their components, submitted before October 1, 2006 must be tested for strength and stability in accordance with ASME B30.5-1968. Lattice boom cranes must also be tested in accordance with SAE J987 - 1967 and all mobile cranes with lattice or telescopic booms must also be tested in accordance with SAE J765 - 1990.
         (ii)   Prototype testing of mobile cranes submitted on or after October 1, 2006. A prototype of each mobile crane, and their components-submitted on or after October 1, 2006 must meet the prototype testing requirements in Test Option A or Test Option B as outlined below:
            (A)   Test Option A; SAE J1063 or SAE J987,
               1.   The following applies to equipment with cantilevered booms (such as telescopic boom cranes): All tests listed in SAE J1063 - 1993, Table 1, must be performed to load all critical structural elements to their respective limits. All the strength margins listed in SAE J1063 - 1993. Table 2 must be met.
               2.   The following applies to equipment with pendant supported lattice booms: All the tests listed in SAE J987 -2003. Table 1, must be performed to load all critical structural elements to their respective limits. All the strength margins listed in SAE J987 - 2003, Table 2 must be met.
            (B)   Test Option B: EN 13000. All testing and verification requirements of EN 13000 (2004) must be met. In applying EN 13000 (2004), the following additional requirements must be met:
               1.   The  following  applies  to  equipment with cantilevered booms (such as telescopic boom cranes): The analysis methodology, such as computer modeling, must demonstrate that all load cases listed in SAE J1063 - 1993 meet the strength margins listed in SAE J1063-1993 Table 2.
               2.   The following applies to equipment with pendant supported lattice booms: The analysis methodology, such as computer modeling, must demonstrate that all load cases listed in SAE J987 - 2003 meet the strength margins listed in SAE J987- 2003 Table 2.
               3.   Analysis verification. The physical testing requirements under SAE J1063 - 1993 and SAE J987 - 2003 must be met unless the reliability of the analysis methodology, such as computer modeling, has been demonstrated by a documented history of verification through strain gauge measuring or strain gauge measuring in combination with other physical testing.
         (iii)   Prototype testing of tower cranes manufactured on or after November 8, 2010. Tower cranes manufactured on or after November 8, 2010, must meet the prototype testing requirements in EN 14439 (2006).
      (4)   Manufacturing standards. Cranes and derricks, and their components, whose application for prototype approval is submitted on or after January 1, 2016 must, in their entirety, be manufactured by an entity that possesses an ISO 9001 certification, or an equivalent international certification acceptable to the commissioner.
   (f)   Certificate of operation. Reserved.
   (g)   Certificate of on-site inspection.
      (1)   Certificate of on-site inspection required. In order to operate a crane or derrick at a job site, a certificate of on-site inspection is required as stipulated in Section 3319.6 of the New York City Building Code. The owner of the premises, building or structure, or his designated representative, shall file an application in quadruplicate at the department office in the borough where the premises is located. Such application shall be accompanied by plans showing proposed locations of the crane or derrick, pertinent features of the site such as assumed soil bearing values, ground elevations and slopes, vaults or other subsurface structures, supporting platforms or structures, and the swing of the crane or derrick. Also, a document shall be submitted, signed by a licensed engineer or registered architect which shall include the following information where the crane or derrick is to be supported by soil:
         (i)   That he has inspected the soil at the proposed location or locations of the crane or derrick;
         (ii)   His estimate of the soil bearing value;
         (iii)   That he has explored the existence of any sheeting or retaining walls supporting soil adjoining any excavation which may be affected and certifies as to its adequacy;
         (iv)   If the crane or derrick is to be on the street, that he has explored the existence of vaults or other subsurface structures which could impair the bearing value of the street or sidewalk;
         (v)   That the load imposed upon the soil by the crane or derrick including supporting platform, does not exceed such bearing value under any condition of loading.
      (2)   Exemption from certain filings. Where a crane not exceeding 160 feet in height, including jibs and any other extensions to the boom is to be used for a period not exceeding 24 hours, or a crane not exceeding 50 feet in height, including jibs and any other extensions to the boom with a maximum rated capacity of 20 tons, is to be positioned on the roadway or sidewalk, a certificate of on-site inspection shall be required. However, the requirements relating to plans and a document of a licensed professional engineer or registered architect enumerated in paragraph (1) of subdivision (g) of this section shall not apply nor shall the three regular working day provisions be applicable under the following conditions:
         (i)   That a prototype approval has been obtained showing the means required to distribute the weight of the crane and the maximum working loads.
         (ii)   A statement from the owner of the structure, building or premises or his authorized agent that he visited the site and that there are no excavations or retaining walls and that no vaults or subsurface construction exists at the site.
      (3)   Exemption for cranes of a limited size. A certificate of on-site inspection shall not be required under the following conditions:
         (i)   For a crane not exceeding 160 feet in height including jibs and any other extensions to the boom, which is to be used for a period not exceeding 48 hours and operating entirely within the property lines and in such locations which are at least a boom length, including jibs and any extensions thereof, distant from all lot lines.
         (ii)   For service cranes and clamshells operated entirely within the property lines and within such locations which do not involve the moving of any loads over the roadway or sidewalk. This exemption shall apply only to cranes with a boom length, including jibs and any extension thereof, not exceeding 110 feet.
         (iii)   For the use of cranes as provided for in subparagraphs (i) and (ii) of paragraph (3) of subdivision (g) of this section, notice of the operation of the crane at the job site shall be given to the division of cranes and derricks, department of buildings, by telephone and confirmed in writing. It shall be the responsibility of an appointed person to provide firm and uniform footing and, when necessary, provide substantial timbers, cribbing or other structural members sufficient to distribute the load so as not to exceed the safe bearing capacity of the underlying material.
      (4)   Special provisions for cranes or derricks supported by a building or structure.
         (i)   Statement. Where the crane or derrick is supported by a building or a structure, the statement by the licensed engineer or registered architect referred to in paragraph (1) of subdivision (g) of this section shall include the means of supporting and bracing the equipment. The swing of the crane or derrick shall be shown on the plans to insure clearance during operation. Computations shall be submitted with the application showing all reactions imposed on the structure by the crane or derrick, including those due to impact and wind. Such computations shall verify that the stability of the building or structure will not be impaired when the crane or derrick is in operation and that no structural members will be overstressed due to forces induced by the crane or derrick.
         (ii)   Concrete structures. If the structure is a concrete structure, test reports of the compression strength of the concrete shall be submitted to insure that the concrete supports of the crane or derrick have developed sufficient strength to support the crane or derrick before it is installed. The means for establishing concrete strength before imposing crane or derrick loads upon the structure shall be indicated on the application.
         (iii)   Anchorages. All anchorages for cranes and derricks shall be approved by an appointed person.
      (5)   Exemption for pile drivers and clamshells. A certificate of on-site inspection shall not be required for pile drivers or clamshells operating entirely within the lot lines under the following conditions:
         (i)   Where pile driving equipment is designed or supported on a platform so that the soil bearing pressure does not exceed 500 pounds per square foot, a certificate of on-site inspection shall not be required.
         (ii)   Where clamshells are operating on construction sites and are at least the depth of excavation height from the edge of the excavation and where the soil bearing pressure does not exceed 500 lbs. per square foot, a certificate of on-site inspection shall not be required.
         (iii)   Where the pressure on the soil is in excess of 500 pounds per square foot but does not exceed 2,500 pounds per square foot, a pile driver or clamshell may be operated without a certificate of on-site inspection under the following conditions:
            (A)   That borings have been filed with the department in the construction application under which the work is being performed, and
            (B)   An amendment is filed to such application by an engineer or architect certifying that on the basis of the borings, the soil is adequate to support the load to be imposed thereon by the subject equipment.
      (6)   Cableways. The requirements of paragraphs (1) and (4) of subdivision (g) of this section, and Section 3319.6 of the New York City Building Code, also apply to cableways.
      (7)   Special provisions for cranes operating on a sidewalk or roadway. Notwithstanding the provisions of paragraphs (1) through (6) of this subdivision, where a crane is operated on the sidewalk or roadway, a permit from the department of transportation shall be obtained and the pressure on such surface shall not exceed 3500 pounds per square foot. The pressure shall be distributed on the roadway by means of timber platforms extending not less than twelve (12) inches beyond the base of the outriggers on all sides and sufficiently thick to uniformly distribute the pressure as required above of all the loads including the weight of the crane. The timber mats shall have a minimum thickness of two (2) inches. All cranes equipped with steel tracks shall be supported by timber platforms not less than six inches thick and covering the entire base of the crane.
   (h)   Unsafe hoisting machines. When it is found that equipment is dangerous or unsafe a notice or order to stop work may be issued by the commissioner, or his authorized representative. Such notice or order may be given to the owner or lessee of the equipment involved, or to the agent of any of them, or to the person or persons executing the work or operating the equipment in writing. If the operation of the hoisting machine is not discontinued, the inspector shall report same to his superior and an engineer shall be sent to reinspect. Upon confirmation of the unsafe condition by the engineer, the hoisting machine shall be red tagged. All persons shall be prohibited from using the said equipment until the danger is removed or the unsafe condition is rectified. An unsafe notice shall not be removed from the equipment, except by an authorized inspector or representative of the department of buildings.
   (i)   Annual renewal of the certificate of operation. Application for renewal of a certificate of operation, as stipulated in Section 3319.5 of the New York City Building Code, shall be accompanied by inspection and maintenance records in accordance with paragraph (1) of subdivision (k) of this section and paragraph (1) of subdivision (m) of this section. Upon approval of the application, a new certificate of operation shall be issued after a satisfactory inspection by a department inspector.
   (j)   Load rating chart for tower and climber cranes. A substantial, durable and clearly legible rating chart shall be provided with each tower and climber crane and securely affixed in the cab. The chart shall include load ratings approved by the department for specific lengths of components, counterweights, swing, and radii.
   (k)   Inspection of cranes and derricks.
      (1)   Certification and inspections required. The owner of a crane or derrick when applying for a certificate of approval in accordance with subdivision (d) of this section shall certify that all applicable regulations regarding inspection and maintenance will be complied with. All inspections required by the owner shall be performed only by appointed personnel. The inspections shall be performed to provide information requested in a department supplied chart and all deficiencies shall be corrected. No record of information not required by such chart shall be required to be maintained in writing.
      (2)   Inspection classification. Inspection procedure for cranes and derricks in regular service is divided into two general classifications based upon the intervals at which inspection should be performed. The intervals in turn are dependent upon the nature of the critical components of the crane or derrick and the degrees of their exposure to wear, deterioration or malfunction. The two general classifications are herein designated as "frequent" and "periodic" with respective intervals between inspections as defined below:
         (i)   Frequent inspection. Daily to monthly intervals.
         (ii)   Periodic inspection. 1 to 12 month intervals or as specifically recommended by the manufacturer.
      (3)   Frequent inspection. Items such as the following shall be inspected for defects at intervals as defined in subparagraph (i) of paragraph (2) of subdivision (k) of this section or as specifically indicated, including observation during operation for any defects which might appear between regular inspections. Any defects revealed by inspection shall be corrected. Where such defects constitute a safety hazard, the crane or derrick shall not be operated until such defects are corrected.
         (i)   All control mechanisms for maladjustment interfering with proper operation.-Daily.
         (ii)   All control mechanisms for excessive wear of components and contamination by lubricants or other foreign matter.
         (iii)   All safety devices for malfunction.
         (iv)   Deterioration or leakage in air or hydraulic systems. - Daily
         (v)   Crane or derrick hooks with deformations or cracks. - Refer to clause (C) of subparagraph (iii) of paragraph (3) of subdivision (1) of this section.
         (vi)   Rope reeving for non-compliance with crane or derrick manufacturer's recommendations.
         (vii)   Electrical apparatus for malfunctioning, signs of excessive deterioration, dirt, moisture accumulation, weatherproofing and grounding.
         (viii)   Tension in derrick guys. - Daily.
         (ix)   Plumb of derrick mast.
         (x)   Hoist brakes, clutches and operating levers. - Check daily for proper functioning before beginning operations.
      (4)   Periodic inspections of cranes and derricks. Complete inspections of the crane or derrick shall be performed at intervals as generally defined in subparagraph (ii) of paragraph (2) of subdivision (k) of this section, depending upon its activity, severity of service, and environment, or as required by subparagraphs (i) and (ii) of paragraph (2) of subdivision (k) of this section. These inspections shall include the requirements of subdivision (k) of this section, and in addition, items specifically indicated below. Any defects revealed by inspection shall be corrected. Where such defects constitute a safety hazard the crane or derrick shall not be operated until such defects are corrected.
         (i)   Deformed, cracked or corroded members in the crane or derrick structure and boom.
         (ii)   Loose bolts or rivets.
         (iii)   Cracked or worn sheaves and drums.
         (iv)   Worn, cracked or distorted parts such as pins, bearings, shafts, gears, rollers and locking devices.
         (v)   Excessive wear on brake and clutch system parts, linings, pawls and ratchets.
         (vi)   Load, boom angle and other indicators over their full range, for any significant inaccuracies.
         (vii)   Gasoline, diesel. electric or other power plants for improper performance or noncompliance with safety requirements.
         (viii)   Excessive wear of chain drive sprockets and excessive chain stretch.
         (ix)   Crane or derrick hooks. Magnetic particle or other suitable crack detecting inspection should be performed at least once each year by an inspection agency retained by the owner and approved by the department. Certified inspection reports are to be made available to the department upon request.
         (x)   Travel steering, braking and locking devices, for malfunction.
         (xi)   Excessively worn or damaged tires.
         (xii)   Derrick gudgeon pin for cracks, wear and distortion each time the derrick is to be erected.
         (xiii)   Foundation or supports shall be inspected for continued ability to sustain the imposed loads.
      (5)   Cranes or derricks not in regular use.
         (i)   A crane or derrick which has been idle for the period of one month or more, but less than six months, shall be given an inspection by the owner conforming with requirements of paragraph (3) of subdivision (k) of this section and subparagraph (i) of paragraph (1) of subdivision (m) of this section before an application for a certificate of on-site inspection in accordance with Section 3319.6 of the New York City Building Code is submitted to the department.
         (ii)   A crane which has been idle for the period of over six months, shall be given a complete inspection by the owner conforming with requirements of paragraphs (3) and (4) of subdivision (k) of this section and subparagraph (ii) of paragraph (1) of subdivision (m) of this section before an application for a certificate of on-site inspection in accordance with Section 3319.6 of the New York City Building Code is submitted to the department.
   (l)   Maintenance of Cranes and Derricks.
      (1)   Preventive maintenance.
         (i)   A preventive maintenance program based on the crane or derrick manufacturer's recommendations shall be established. Dated and detailed records shall be readily available to the department.
         (ii)   It is recommended that replacement parts be obtained from the original equipment manufacturer.
      (2)   Maintenance procedure.
         (i)   Before adjustments and repairs are started on a crane or derrick, the following precautions shall be taken as applicable:
            (A)   Crane or derrick placed or arranged where it will cause the least interference with other equipment or operations in the area.
            (B)   All controls at the "off " positions.
            (C)   Starting means rendered inoperative.
            (D)   Warning or "out of order" signs placed on the crane or derrick and hoist.
            (E)   Power plant stopped or disconnected at take-off.
            (F)   Boom lowered to the ground if possible or otherwise secured against dropping.
            (G)   Lower load block lowered to the ground or otherwise secured against dropping.
         (ii)   After adjustment and repairs have been made, the crane or derrick shall not be operated until all guards have been reinstalled, safety devices reactivated and maintenance equipment removed.
      (3)   Adjustments and Repairs.
         (i)   Any unsafe conditions disclosed by the inspection requirements of subdivision (k) of this section shall be corrected before operation of the crane or derrick is resumed. Adjustments and repairs shall be done only by a competent person.
         (ii)   Adjustments shall be maintained to assure correct functioning of components. The following are examples:
            (A)   All functional operating mechanisms.
            (B)   Safety devices.
            (C)   Control systems.
            (D)   Power plants.
            (E)   Tie downs or anchorages.
            (F)   Signal system.
            (G)   Guys.
         (iii)   Repairs or replacements shall be provided promptly as needed for safe operation. The following are examples:
            (A)   All critical parts of functional operating mechanisms which are cracked, broken, corroded, bent or excessively worn.
            (B)   All critical parts of the crane or derrick structure which are cracked, bent, broken or excessively corroded.
            (C)   Crane or derrick hooks showing defects described in 15.3.5 shall be discarded. Repairs by welding or reshaping are not acceptable unless written approval of the department is obtained.
            (D)   Pitted or burned electrical contacts should be corrected only by replacement and in sets. Controller parts should be lubricated as recommended by the manufacturer.
         (iv)   All replacement parts or repairs shall have at least the original safety factor and be in accordance with the specifications of the manufacturer. Approval of the department shall be required for the replacement or repair of main structural members as listed below, for which no fee will be required:
            (A)   Boom or mast;
            (B)   Jib or extensions;
            (C)   Gantries;
            (D)   Counterweight supports and attachments;
            (E)   Rope; and
            (F)   Overturning stability.
               Exception: Only clauses (A), (B) and (E) above apply to derricks.
      (4)   Lubrication of Cranes and Derricks.
         (i)   All moving parts of the crane or derrick and hoist for which lubrication is specified, including rope and chain, shall be regularly lubricated. Lubricating systems shall be checked for proper delivery of lubricant. Particular care should be taken to follow manufacturer's recommendations as to point and frequency of lubrication, maintenance of lubricant levels and types of lubricants to be used. Lubrication shall be performed under the supervision of the crane operator, oiler or maintenance engineer.
         (ii)   Machinery shall be stationary while lubricants are being applied and protection provided as called for in clauses (B) through (E) of subparagraph (i) of paragraph (2) of subdivision (1) of this section inclusive, unless such machinery is equipped for automatic lubrication.
   (m)   Rope Inspection, Replacement and Maintenance by Owner for Cranes and Derricks.
      (1)   Rope Inspection.
         (i)   Frequent Inspection.
            (A)   All ropes in continuous service shall be visually inspected once every working day. A visual inspection shall consist of observation of all rope that can reasonably be expected to be in use during the day's operation. This visual inspection shall be directed towards discovering gross damage that may be an immediate hazard, including the following:
               1.   Distortion of the rope such as kinking, crushing, unstranding, birdcaging, main strand displacement, or core protrusion. Loss of rope diameter in a short rope length or unevenness of outer strands should provide evidence that the rope or ropes must be replaced.
               2.   General corrosion
               3.   Broken or cut strands
               4.   Number, distribution and type of visible broken wires (See subparagraph (ii) of paragraph (2) of subdivision (m) of this section for further guidance)
               5.   Core failure in rotation-resistant ropes. When such damage is discovered, the rope shall be either removed from service or given an inspection as detailed in subparagraph (ii) of paragraph (1) of subdivision (m) of this section.
            (B)   Care shall be taken when inspecting sections of rapid deterioration such as flange points, crossover points, and repetitive pickup points.
            (C)   Care shall be taken when inspecting the following types of rope:
               1.   Rotation-resistant rope.
               2.   Boom hoist rope.
         (ii)   Periodic Inspection.
            (A)   There shall be periodic inspections performed at least annually. The inspection frequency shall be determined by a qualified person and shall be based on such factors as expected rope life as determined by experience on the particular installation or similar installations, severity of the environment, percentage of capacity lifts, frequency rates of operation, and exposure to shock loads. Inspections need not be at equal calendar intervals and should be more frequent as the rope approaches the end of its useful life.
            (B)   In the event a periodic inspection is not feasible within a 12-month period due to existing set-up and configuration of the equipment or due to site conditions, such periodic inspection shall be performed as soon as it becomes feasible but no longer than an additional 6 months for running ropes and, for standing ropes, at the time of disassembly. Written notification and approval of the commissioner must be obtained prior to extending the use of the rope beyond the 12-month inspection period.
            (C)   Periodic inspections shall be performed by a qualified person. This inspection shall cover the entire length of rope. Only the surface wires of the rope shall be inspected. Any deterioration resulting in an appreciable loss of original strength shall be noted and determination made as to whether further use of the rope would constitute a hazard. The periodic inspection shall include examination of the following:
               1.   Points listed in clause (A) of subparagraph (i) of paragraph (1) of subdivision (m) of this section.
               2.   Reduction of rope diameter below nominal diameter due to loss of core support, internal or external corrosion, or wear of outside wires.
               3.   Severely corroded or broken wires at end connections.
               4.   Severely corroded, cracked bent, worn or improperly applied end connections.
            (D)   Care shall be taken when inspecting sections of rapid deterioration, such as the following:
               1.   Sections in contact with saddles, equalizer sheaves, or other sheaves where rope travel is limited.
               2.   Sections of the rope at or near terminal ends where corroded or broken wires may protrude.
            (E)   All rope that has been idle for a period of six months or more shall be given a periodic inspection before it is placed into service.
      (2)   Rope Replacement.
         (i)   When a rope reaches any one of the specified removal criteria, it may be allowed to operate to the end of the work shift, based on the judgement of a qualified person. The rope shall be replaced after that work shift, at the end of the day, or at the latest time prior to the equipment being used by the next work shift.
         (ii)   Removal criteria for rope replacement shall meet manufacturer's specification or as follows:
            (A)   Broken Wires:
               1.   In running ropes, six randomly distributed broken wires in one lay or three broken wires in one strand in one lay.
               2.   In rotation-resistant ropes, two randomly distributed broken wires in six diameters or four randomly distributed broken wires in 30 rope diameters.
               3.   One outer wire broken at the point of contact with the core rope that has worked its way out of the rope structure and protrudes or loops out from the rope structure. Additional inspection of this section is required.
               4.   Kinking, crushing, birdcaging, or any other damage resulting in distortion of the rope structure.
               5.   Evidence of heat damage from any cause.
               6.   Reductions from nominal diameter of more than the following:
                  A.   1/64 in. for diameters up to and including 5/16 in.
                  B.   1/32 in. for diameters up to and including 1/2 in.
                  C.   3/64 in. for diameters up to and including 3/4 in.
                  D.   1/16 in. for diameters up to and including 1 1/8 in.
                  E.   3/32 in. for diameters up to and including 1 1/2 in.
               7.   In standing ropes, more than two broken wires in one lay in sections beyond end connections or more than one broken wire at an end connection.
         (iii)   Replacement rope shall have strength rating at least as great as the original rope furnished or recommended by the crane manufacturer. Any deviation from the original size, grade, or construction shall be specified by the rope manufacturer, the crane manufacturer, or a qualified person.
         (iv)   Discarded rope shall not be used for slings.
      (3)   Rope Maintenance.
         (i)   Rope shall be stored to prevent damage or deterioration.
         (ii)   Unreeling or uncoiling of rope shall be done as recommended by the rope manufacturer and with extreme care to avoid kinking or inducing a twist.
         (iii)   Before cutting a rope, seizings shall be placed on each side of the place where the rope is to be cut to prevent unlaying of the strands. On preformed rope, one seizing on each side of the cut is required. On non-preformed ropes of 7/8 inch diameter or smaller, two seizings on each side of the cut are required, and for non-preformed rope of one inch diameter or larger, three seizings on each side of the cut are required.
         (iv)   During installation care shall be observed to avoid dragging of the rope in dirt or around objects which will scrape, nick, crush, or induce sharp bends in it.
         (v)   Rope should be maintained in a well lubricated condition. It is important that lubricant applied as part of a maintenance program shall be compatible with the original lubricant and to this end the rope manufacturer should be consulted. Those sections of rope which are located over sheaves or otherwise hidden during inspection and maintenance procedures require special attention when lubricating rope. The object of rope lubrication is to reduce internal friction and to prevent corrosion. Periodic field lubrication is particularly important for non-rotating rope.
   (n)   Safety Devices Required. All cranes and derricks shall be equipped with safety devices as provided herein, except equipment used exclusively for pile driving, clamshell and dragline used for excavation. The commissioner shall approve these safety devices.
      (1)   Indicators or Limiters. All mobile cranes with a maximum rated capacity of 3 tons or more shall be equipped with a load indicator, load moment indicator, or a load moment limiter.
         (i)   Cranes with a total boom length including jibs and any other extensions not exceeding 150 feet shall be exempt.
         (ii)   Cranes manufactured before December 30, 1993 shall be exempt. The margin of stability for determination of load ratings of these cranes shall be established at 75 percent of the load, which will produce a condition of tipping or balance with the boom in the least stable direction relative to the mounting where overturning stability governs the lifting performance.
         (iii)   Cranes shall have a radius or boom angle indicator provided in conjunction with a load indicator.
      (2)   Anti-Two Blocking Features. All mobile cranes with a maximum rated capacity exceeding one ton manufactured after February 28, 1992, shall be equipped with anti-two-blocking features as follows:
         (i)   Telescopic Boom Cranes shall have an anti-two-block device for all points of two-blocking that automatically prevents damage from contact between the load block, overhaul ball, or similar component, and the boom and/or jib tip.
         (ii)   Lattice Boom Cranes shall have an anti-two-block device for all points of two-blocking that either automatically prevents damage from contact between the load block, overhaul ball, or similar component, and the boom and/or jib tip or warns the operator in time for the operator to prevent two-blocking.
      (3)   Additional Safety Devices Required. All mobile cranes with a maximum rated capacity exceeding one ton shall be equipped with the following additional safety devices:
         (i)   A deadman control on the control levers in the cab or crane operator's station, where the crane is electrically powered.
         (ii)   An effective audible warning and operating signal on the outside of the cab.
         (iii)   Boom stops and boom hoist safety shutoffs. However, boom stops shall not be required for telescopic booms.
         (iv)   An indicator for leveling the crane.
         (v)   Hoist drum rotation indicator if the drum is not visible from the operator's station.
      (4)   Malfunctioning Safety Devices. The load indicator, load moment indicator, load moment limiter, hoist drum rotation indicator, and the anti-two blocking devices shall also be known as operational aids, which provide information to facilitate the operation of a crane or that take control of particular functions without action of the operator when a limiting condition is sensed. When any of these operational aids are inoperative or malfunctioning, the following alternative measures shall be implemented to allow continued use of the crane:
         (i)   Load indicator, load moment indicator, or load moment limiter: The weight of the load shall be determined from a reliable source (such as the manufacturer's equipment specification), by a reliable calculation method (such as calculating a steel beam from measured dimensions and a known per foot weight) or by other equally reliable means before the load is hoisted. To ensure that the weight of the load does not exceed the crane ratings at the maximum radius at which the load is to be handled, the radius shall be determined through the use of a boom angle indicator, radius indicator or by measurement.
         (ii)   Hoist drum rotation indicator: Mirrors and/or remote video cameras and displays shall be provided so that the operator can see the drum.
         (iii)   Anti-two-block device: The cable shall be clearly marked (so that it can easily be seen by the operator) at a point mat will give the operator sufficient time to stop the hoist to prevent two-blocking or an additional signal person shall be utilized to monitor the position of the load block or overhaul ball.
         (iv)   Recalibration or repair of the safety device shall be accomplished as soon as is reasonably possible, as determined by a qualified person.
      (5)   Tower Cranes and Climber Cranes. All tower cranes and climber cranes excluding truck-mounted tower cranes shall have the following:
         (i)   Warning light activated at 100% allowable overturning moment,
         (ii)   Acoustic signal sounding at 105% allowable overturning moment,
         (iii)   Automatic stop if 110% allowable overturning moment is reached,
         (iv)   Automatic stop if load exceeds maximum rated load in high gear,
         (v)   Automatic stop if load exceeds maximum rated load in intermediate gear,
         (vi)   Automatic stop if load exceeds maximum rated load in low gear,
         (vii)   Predeceleration before top position of the hook.
         (viii)   Limit switch for top position of the hook,
         (ix)   Predeceleration before low position of the hook,
         (x)   Limit switch for the trolley traveling out,
         (xi)   Limit switch for the trolley traveling in,
         (xii)   Acceleration limit on the hoisting movement,
         (xiii)   Acceleration limit on the swing movement,
         (xiv)   Acceleration limit on the trolley movement, and
         (xv)   Deadman control on both control levers in box.
      (6)   Derricks. Safety devices for derricks shall be approved by the commissioner and shall be installed within six months after said devices are accepted. However, where electrically powered, a deadman control on control levers shall be installed prior to applying for a certificate of operation pursuant to Section 3319.5 of the New York City Building Code.
   (o)   Characteristics and Special Requirements for Derricks.
      (1)   Rated load marking.
         (i)   For derricks, a substantial, durable and clearly legible load rating chart shall be provided for each particular installation. The rating chart shall be securely affixed where it is visible to personnel responsible for the operation of, the equipment. The chart shall include but not be limited to the following data:
            (A)   Manufacturer's load ratings as approved by the department at corresponding ranges of boom angle or operating radii.
            (B)   Specific lengths of components on which the load ratings are based.
            (C)   Required parts for hoist reeving.
            (D)   Size and construction of all ropes shall be shown either on the rating chart or in the operating manual.
         (ii)   For all other derricks, the manufacturer shall provide sufficient information from which capacity charts can be prepared and approved by the department for the particular installation. The capacity charts shall be located either at the derrick or the job site office.
      (2)   Construction.
         (i)   General. Derricks shall be constructed to adequately meet all stresses imposed on all members and components.
         (ii)   Guy derricks.
            (A)   The minimum number of guys is six. Preferably, the guys should be equally spaced around the mast.
            (B)   The manufacturer shall furnish complete information recommending:
               1.   The number of guys:
               2.   The spacing around the mast;
               3.   The maximum vertical slope and initial tension or sag of all guys;
               4.   The size and construction of rope to be used in each.
            (C)   The mast base shall permit free rotation of the mast with allowance for slight tilting of the mast caused by guy slack.
            (D)   The mast cap shall:
               1.   Permit free rotation of the mast:
               2.   Adequately withstand tilting and cramping action imposed by the guy loads;
               3.   Be secured to the mast to prevent disengagement during erection; and
               4.   Be provided with means for attachment of guy ropes. Stiff leg derrick.
            (A)   The mast shall be supported in the vertical position by two stiff legs one end of each being connected to the top of the mast and the other end securely anchored. The stiff legs shall be capable of withstanding the loads imposed by the boom at any point within its range of swing.
            (B)   The mast base shall:
               1.   Permit free rotation of mast;
               2.   Permit slight inclination of the mast without binding; and
               3.   Provide means to prevent the mast from lifting out of its socket when the mast is in tension.
            (C)   The stiff leg connecting member at the top of the mast shall:
               1.   Permit free rotation of the mast;
               2.   Adequately withstand the loads imposed by the action of the stiff legs; and
               3.   Be so secured as to oppose lift off forces at all times.
      (3)   Ropes and reeving accessories.
         (i)   Guy ropes.
            (A)   Guy ropes shall be of suitable size, grade and construction to withstand the maximum load imposed.
            (B)   The nominal breaking strength of each rope shall be no less than three times the load applied to the rope.
            (C)   Tie downs or kicker devices which may be easily loosened shall have locknuts or other suitable provision to prevent loosening.
         (ii)   Boom hoist ropes.
            (A)   Boom hoist ropes shall be of suitable size, grade and construction to withstand the maximum load imposed.
            (B)   The live rope reeving system in a boom suspension shall withstand the maximum load imposed and be of sufficient length to permit lowering the boom point to horizontal position with at least three full wraps of rope remaining on the hoist drum.
            (C)   The nominal breaking strength of the most heavily loaded rope in a system shall be no less than three and a half times the loads applied to that rope.
         (iii)   Main hoist ropes.
            (A)   Main hoist ropes shall be of a suitable size and construction to withstand the maximum load imposed.
            (B)   Ropes in the main hoisting system shall be of sufficient length for the entire range of movement specified for the application with at least three full wraps of rope on the hoist drum at all times.
            (C)   The nominal breaking strength of the most heavily loaded rope in a system shall be no less than three and a half times the load applied to that rope.
         (iv)   Reeving accessories.
            (A)   Socketing shall be done in the manner specified by the manufacturer of the assembly.
            (B)   Rope end shall be anchored securely to the drum.
            (C)   Eves shall be made in an approved manner and rope thimbles should be used in the eye.
            (D)   U-bolt clips shall have the U-bolt on the dead or short end, and the saddle on the live or long end of the rope. Spacing and number of all types of clips shall be in accordance with the clip manufacturer's recommendation and submitted to the department-Clips shall be drop-forged steel in all sizes manufactured commercially. When a newly installed rope has been in operation for an hour, all nuts on the clip bolts shall be retightened. and they should be checked for tightness at frequent intervals thereafter.
            (E)   Swaged, compressed, or wedge-socket fittings shall be applied as recommended by the rope, derrick, or fitting manufacturer.
            (F)   Where a half wedge socket is used it shall be of a positive locking type.
            (G)   If a load is supported by more than one rope, the tension in the parts shall be equalized.
         (v)   Sheaves.
            (A)   Sheave grooves shall be smooth and free from surface defects which could cause rope damage. The cross sectional radius at the bottom of the groove should be such as to form a close fitting saddle for the size rope used and the sides of the groove should be tapered outwardly to facilitate entrance of the rope into the groove. Flange corners should be rounded and the rims should run true about the axis of rotation.
            (B)   Sheaves carrying ropes which can be momentarily unloaded shall be provided with close fitting guards or other suitable devices to guide the rope back into the groove when the load is applied again.
            (C)   The sheaves in the lower load block shall be equipped with close-fitting guards that will prevent ropes from becoming fouled when the block is lying on the ground with ropes loose.
            (D)   Means should be provided, if necessary, to prevent chafing of the ropes.
            (E)   All running sheaves shall be equipped with means for lubrication. Permanently lubricated, sealed and/or shielded bearings shall be acceptable.
            (F)   Boom and hoisting sheaves shall have pitch diameters not less than eighteen times the nominal diameter of the rope used.
            (G)   Boom point sheaves should be provided with suitable guides to limit the offlead angle of the rope when entering the grooves from either side.
      (4)   Anchoring and guying.
         (i)   Guy derricks.
            (A)   The mast base shall be securely anchored. Maximum horizontal and downward vertical thrusts encountered when handling rated loads with the particular guy slope and spacing stipulated for the application are among the design factors for which provision must be made.
            (B)   The guys shall be secured to the ground or other firm anchorage. Maximum horizontal and vertical pulls encountered while handling rated loads with the particular guy slope and spacing stipulated for the application are among the factors for which provision must be made.
         (ii)   Stiff leg derricks.
            (A)   The mast base shall be securely anchored. Maximum horizontal and upward and downward vertical thrusts encountered while handling rated loads stipulated for the application with the particular stiff-leg spacing and slope are among the factors for which provision must be made.
            (B)   The stiff legs shall be securely anchored. Maximum horizontal and vertical upward and downward thrusts encountered while handling rated loads with the particular stiff-leg arrangement stipulated for the application are among the factors for which provision must be made.
      (5)   Hoist. The hoist shall be suitable for the derrick work intended and shall be securely anchored to prevent displacement from the imposed loads.
   (p)   Operation of Cranes and Derricks.
      (1)   Operators.
         (i)   Cranes and derricks shall be operated only by the following persons:
            (A)   Persons licensed as operators by the department of buildings in accordance with Section 28-405 of the Administrative Code of the City of New York.
            (B)   Learners in the presence of and under the direct supervision of a licensed operator.
         (ii)   No person other than those listed under subparagraph (i) of paragraph (1) of subdivision (p) of this section and persons such as oilers and supervisors, whose duties require them to do so, shall enter the cab of a crane and then only in the performance of his duties and with knowledge and consent of the operator.
      (2)   Operating practices.
         (i)   The operator shall not engage in any practice which will divert his attention while actually engaged in operating the crane or derrick hoist.
         (ii)   The operator shall respond to signals only from the appointed signal men.
         (iii)   The operator shall be responsible for the operation of the crane or derrick hoist.
         (iv)   For mobile cranes, the warning signal shall be sounded each time before on-site traveling and intermittently during such travel, particularly when approaching workmen.
         (v)   Before leaving his crane or derrick unattended, the operator shall:
            (A)   Land any attached load, bucket, lifting magnet, or other device.
            (B)   Disengage clutches.
            (C)   Set travel, swing, boom brakes and other locking devices.
            (D)   Put controls in the "off " position.
            (E)   Stop the engine.
            (F)   Secure mobile cranes against accidental travel.
            (G)   Lock and secure the equipment against unauthorized operation.
         (vi)   On leaving a mobile crane overnight, ground chocks shall be set and crane booms shall be lowered to ground level or otherwise fastened securely against displacement by wind loads or other external forces.
         (vii)   If there is a warning sign on the switch or engine starting controls, the operator shall not close the switch or start engine until the warning sign has been removed by the person placing it there.
         (viii)   Before closing the switch, or starting the engine, the operator shall see to it that all controls are in the "off" position and all personnel are in the clear.
         (ix)   If power fails during operation, the operator shall:
            (A)   Set all brakes and locking devices.
            (B)   Move all clutch or other power controls to the "off" position.
            (C)   Communicate with the appointed individual in charge of operations.
            (D)   If practical, the suspended load should be landed under brake control.
         (x)   The operator shall familiarize himself with the equipment and its proper care. If adjustments or repairs are necessary, or any defects are known he shall report the same promptly to his employer or other person responsible for the equipment and shall also notify the next operator of the defects upon changing shifts.
         (xi)   All controls shall be tested by the operator at the start of a new shift. If any controls do not operate properly, they shall be adjusted or repaired before operations are begun.
         (xii)   Booms of mobile cranes which are being assembled or disassembled on the ground with or without support of the boom harness (equalizing sheaves, bridal and boom pendants) should be securely supported by proper blocking to prevent dropping of the boom sections.
   (q)   Handling the Load. No crane or derrick shall be loaded beyond the rated load.
      (1)   Size of load. On all operations involving cranes or derricks which are not equipped with those safety devices which make use of load measuring systems, there shall be a competent appointed individual assigned on a full-time basis to be responsible for determining the magnitude of loads to be lifted or lowered. The operator shall not make a lift unless he has first determined the weight of the load or is informed of such weight by the appointed person responsible for the operation.
      (2)   Attaching the load.
         (i)   The hoist rope shall not be wrapped around the load.
         (ii)   The load shall be attached to the hook by means of slings or other approved devices.
      (3)   Moving the load.
         (i)   The appointed individual directing the lift shall see that:
            (A)   In the case of a mobile crane, the crane is level and where necessary, chocked properly.
            (B)   The load is well secured and properly balanced in the sling or lifting device before it is lifted more than a few inches.
         (ii)   Before starting to hoist, he shall take care that:
            (A)   Hoist ropes are not kinked.
            (B)   Multiple part lines are not twisted around each other.
            (C)   The hook is brought over the load in such a manner as to prevent swinging.
            (D)   If there is a slack rope condition, the rope is properly seated on the drum and in the sheaves.
         (iii)   During hoisting, care should be taken that:
            (A)   There is no sudden acceleration or deceleration of the moving load.
            (B)   The load does not contact any obstructions.
         (iv)   Side loading of booms shall be limited to freely suspended loads. Cranes shall not be used for dragging loads sideways. Derricks shall not be used for side loading.
         (v)   The operator shall not lift, lower, swing or travel while any person is on the load or hook unless notification is filed with the Department pursuant to paragraph (6) of subdivision (q) of this section. The operator shall not carry loads over people or over any occupied building unless the top two floors are vacated or overhead protection with a design live load of 300 psf is provided.
         (vi)   On truck cranes, loads shall be lifted over the front area only as recommended by the manufacturer and submitted to the department of buildings.
         (vii)   The operator shall test the brakes each time a load approaching the rated load is handled by raising it a few inches and applying the brakes.
         (viii)   For mobile cranes, outriggers shall be used when the load to be handled at that particular radius exceeds the rated load without outriggers as given by the manufacturer for that crane and approved by the department of buildings.
         (ix)   Neither the load nor the boom shall be lowered below the point where less than three full wraps of rope remain on their respective drums.
         (x)   When two or more cranes are used to lift one load, one appointed person shall be responsible for the operation. He shall analyze the operation and instruct all personnel involved in the proper positioning, rigging of the load, and the movements to be made.
         (xi)   In transit, the following additional precautions for mobile cranes shall be exercised:
            (A)   The boom shall be carried in line with the direction of motion.
            (B)   The superstructure shall be secured against rotation. When negotiating turns or when the boom is supported on a dolly, the superstructure may be rotated by a licensed crane operator only.
            (C)   The empty hook shall be lashed or otherwise restrained so that it cannot swing freely.
         (xii)   Before traveling a crane with a load, proposed travel should be shown on a plan of operation and approved by the department. Such data shall be filed with an application for on-site inspection.
         (xiii)   A crane shall not be traveled with the boom so high that it may bounce back over the cab.
         (xiv)   When rotating the crane or derrick, sudden stops shall not be made. Rotational speed shall be such that the load does not swing out beyond the radii at which it can be controlled. A tag or restraint line shall be used when rotation of the load is hazardous.
         (xv)   When a crane is to be operated at a fixed radius, the boom hoist pawl or other positive locking device shall be engaged.
         (xvi)   Use of winch heads:
            (A)   Ropes shall not be handled on a winch head without knowledge of the operator.
            (B)   While a winch is being used, the operator shall be within convenient reach of the power unit control lever.
      (4)   Holding the load.
         (i)   The operator shall not leave his position at the controls while the load is suspended.
         (ii)   People shall not be permitted to stand or pass under a load.
         (iii)   If the load must remain suspended for any considerable length of time, the operator shall hold the drum from rotating in the lowering direction by activating the positive controllable means at the operator's station.
         (iv)   In all cases, when booms are raised or lowered from the horizontal, load blocks including hooks and weight balls shall be left on the ground or deposited to the ground before raising or lowering booms.
      (5)   Securing derrick booms.
         (i)   Dogs, pawls, or other positive braking mechanism on the hoist shall be engaged. When not in use, the derrick boom shall:
            (A)   Be laid down;
            (B)   Be secured to a stationary member, as nearly under the head as possible, by attachment of a sling to the load block; or
            (C)   Hoisted to a vertical position and secured to the mast.
      (6)   Hoisting Personnel. Written notification shall be submitted to the commissioner at least three (3) business days prior to the date the hoisting equipment may be used to move personnel. In addition to the requirements of this section, the applicant shall also comply with all applicable OSHA requirements.
         (i)   The applicant shall be an engineer or a licensed master rigger. However, where the boom length, including jibs and any other extensions, is greater than 250 ft, the applicant shall be an engineer.
         (ii)   The notification shall include the following:
            (A)   A description of work,
            (B)   The start date and duration of the work,
            (C)   Manufacturer's information on the personnel platform used to perform the work,
            (D)   The number of people who will be on the platform,
            (E)   The actual pick load and the maximum radius of the pick,
            (F)   The allowable pick load for maximum radius from load chart approved by the commissioner,
            (G)   Description of how the person/people on the platform and the hoisting machine operator will communicate,
            (H)   Designation of Site Safety coordinator,
            (I)   Equipment user's company name, and address, and
            (J)   The name and title of principal from the equipment user company.
         (iii)   Where the applicant is an engineer, the request shall also include a copy of the Certificate of On-Site Inspection.
         (iv)   Where the applicant is a master rigger, the request shall also include:
            (A)   The make, model number and Certificate of Operation of the Hoisting Machine.
            (B)   A sketch or description of the foundation for the hoisting machine.
         (v)   Exception: If the boom length, including jibs and any other extensions, is less than 100 ft and the lift is supervised by a master rigger, written notification is not required.
   (r)   Signals.
      (1)   A signalman shall be provided when the point of operation is not in full and direct view of the operator unless an approved mechanical signaling or control device is provided for safe direction of the operator.
      (2)   Only persons who are dependable and fully qualified by experience with the operation shall be used as signalmen.
      (3)   A signalman or other appropriate controls shall be provided when operations or equipment on or adjacent to a highway create a traffic hazard.
      (4)   Signalmen shall wear high visibility gloves.
      (5)   A uniform hand signal system shall be used on all operations of a similar nature. The system in use by the U.S. Corps of Engineers (EM 385-1-1) may be used as the model.
      (6)   Manual hand signals may be used when the distance between the operator and the signalman is not more than 60 feet, but manual hand signals shall not be used when atmospheric conditions prevent clear visibility to the operator.
      (7)   Mechanical signal systems shall be protected against unauthorized use, breakage, weather or obstruction which will interfere with safe operation. In the event of any malfunction, all motion shall be stopped immediately.
   (s)   Miscellaneous.
      (1)   Ballast or counterweight. Cranes shall not be operated without the full amount of any ballast or counterweight in place as specified by the maker, and approved by the department.
      (2)   Wind speed limitations. No crane or derrick operator shall start an operation when the wind speed exceeds 30 m.p.h., or when the wind is predicted to reach 30 m.p.h. before the operation can be completed. The U.S. weather bureau data from the nearest reporting station may be used for the determination of wind speed.
      (3)   Operating near electric power lines.
         (i)   No crane or derrick shall be operated in such a location that any part of the machine or of its load shall at any time come within 15 feet of an energized power line.
         (ii)   Before the commencement of operations near electrical lines, the appointed person responsible for the operation shall notify the owners of the lines or their authorized representatives providing them with all pertinent information and requesting their cooperation.
         (iii)   Any overhead wire shall be considered to be an energized line unless and until the person owning such line or the electrical utility authorities certify that it is not an energized line.
      (4)   Electrical equipment.
         (i)   General.
            (A)   Wiring and equipment shall comply with the electrical code of the City of New York.
            (B)   The voltage used on control circuits shall not exceed 750 volts.
         (ii)   Equipment.
            (A)   Electric equipment shall be so located or enclosed that live parts will not be exposed to accidental contact.
            (B)   All motor, controller and switch frames shall be grounded.
            (C)   Electric equipment shall be thoroughly protected from dirt, grease and oil, and where exposed to the weather, shall be thoroughly protected therefrom.
            (D)   Guards for live parts shall be substantial and so located that they cannot be defonned so as to make contact with the live parts.
            (E)   Name plates shall not be removed.
         (iii)   Controllers.
            (A)   Each cage operated crane and derrick shall be provided with a device which will disconnect all motors from the line on failure of power and will not permit any motor to be restarted until the controller handle is brought to the "off " position, or a reset switch or button is operated.
            (B)   Lever operated controllers shall be provided with a notch or latch which in the "off position prevents the handle from being inadvertently moved to the "on" position.
            (C)   The controller operating handle shall be located within convenient reach of the operator.
            (D)   As far as practicable, the movement of each controller handle shall be in the same general directions as the resultant movements of the load.
            (E)   For floor operated cranes and derricks, the controller or controllers, if rope operated, shall automatically return to the "off " position when released by the operator.
         (iv)   Grounding. Each crane, which may be operated in the vicinity of a live power line, shall be effectively grounded as hereinafter provided. The crane shall be provided with a permanent clamp or other means for convenient and effective attachment of a grounding conductor. The cable connecting the clamp to the ground shall be equivalent to a No. 2 AWG or larger single conductor, superflexible. rope stranded copper, composed of not less than 1,600 individual wires, with 600 volt covering for mechanical protection and with terminal parts that insure a good connection with hand type screw clamps. An effective ground shall be one having a resistance of 25 ohms or less, which shall be measured, or a connection to a continuous underground metallic water piping system.
      (5)   Demolition.
         (i)   Crane or derrick operation when used for mechanical demolition shall comply with Section 3306 of the New York City Building Code and, in addition, a crane or derrick operating with a demolition ball shall meet the following requirements:
            (A)   The weight of the demolition ball shall not exceed fifty percent of the rated capacity of the boom length at its maximum radius.
            (B)   The swing of the boom shall not exceed thirty degrees from the centerline, front to back of the crane mounting.
            (C)   The load line and attachment of the demolition ball to the load line shall be checked at least twice daily.
            (D)   Truck cranes without outriggers extended shall not be used to swing a demolition ball.
   (t)   Storage.
      (1)   Necessary clothing and personal belongings shall be stored in or about the crane or derrick in such a manner as to not interfere with access or operation.
      (2)   Tools, oil cans, waste, extra fuses, and other necessary articles shall be stored in a tool box and shall not be permitted to lie loose in or about the cab or cage.
   (u)   Refueling.
      (1)   Refueling shall comply with Section 3320.3.2 of the New York City Building Code. For the purposes of satisfying this requirement, the term "material handling equipment" in such section shall be read to mean "crane or derrick."
      (2)   Machines shall not be refueled with the engine running.
   (v)   Fire Extinguishers.
      (1)   A carbon dioxide, dry chemical or equivalent fire extinguisher shall be kept in the cab or in the vicinity of the crane or derrick.
      (2)   Operating and maintenance personnel shall be familiar with the use and care of the fire extinguishers provided.
   (w)   Filing for Prototype Equipment. Where the equipment is a duplicate of equipment previously filed with design information and approved by the department, the previous approval shall be accepted for the design. Evidence shall be submitted that the welding and other manufacturing processes affecting the structural integrity of the crane were performed in accordance with applicable specifications and that required controls were maintained and tests performed.
   (x)   Waiver of Modification of Rules and Regulations. The commissioner may, at his discretion, modify or waive any of the foregoing requirements where practical difficulties in complying with particular sections exist and the public safety is not endangered thereby.
   (y)   Referenced standards. The standards referenced in this section are considered part of the requirements of this section to the prescribed extent of each such reference. Where differences occur between provisions of this section and referenced standards, the provisions of this section shall apply.
(Eff. 1/1/2016)
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