N.Y.C. Admin. Code § BC 3316: Section BC 3316: Hoisting Equipment and Material Handling Equipment

3316.1 Scope.

Hoisting equipment and material handling equipment shall meet and be used in accordance with the requirements of this section and rules promulgated by the commissioner. Material hoists and bucket hoists shall also meet the requirements of Section 3317, personnel hoists shall also meet the requirements of Section 3318, and cranes and derricks shall also meet the requirements of Section 3319. Certain material handling equipment listed in Section 3320 shall also meet the requirements of that section.

Exceptions: The requirements of this section, as well as Sections 3317 through 3320, shall not apply to:

1. Scaffolds. Scaffolds shall comply with the requirements of Section 3314. However, hoisting equipment utilized on scaffolds shall be subject to the requirements of this section.

2. Mast climbers. Mast climbers shall comply with rules promulgated by the commissioner. However, hoisting equipment utilized on mast climbers shall be subject to the requirements of this section.

3. Elevators. Elevators shall comply with the requirements of Chapter 30.

4. Hoisting equipment and material handling equipment, including but not limited to cranes or derricks, used in industrial or commercial plants or yards, other than those used for the construction or demolition of the facility.

5. Hoisting equipment and material handling equipment on ships or barges, including but not limited to floating cranes, floating derricks, and cranes and derricks used on floating equipment.

6. An automotive wrecker, tow truck, or mechanic's truck with a hoisting device when used to clear vehicular wrecks, haul vehicles, or used in activities related to the maintenance and repair of construction- or demolition-related vehicular equipment. However, this exception shall not apply to the use of such equipment to perform other tasks, including but not limited to hoisting earthwork equipment for the purpose of placing or extracting the earthwork equipment from an excavation.

7. Helicopters. Helicopter lifts shall require a permit from the fire department.

8. Tree trimming or tree removal equipment. However, this exception shall not apply to the use of hoisting equipment capable of lifting or lowering other loads, including but not limited to a crane utilized in conjunction with tree trimming or tree removal.

3316.2 Requirements.

Hoisting equipment and material handling equipment, including supports and runback structures, shall be installed, operated, used, and maintained to eliminate hazard to the public or to property.

3316.3 Notification of incidents involving hoisting equipment or material handling equipment.

The requirements of Section 3301.8 shall apply.

3316.3.1 Additional notification requirement for hoisting machines.

In addition to the requirements of Section 3301.8, the operator of a hoisting machine shall immediately notify the department, in a form and manner acceptable to the commissioner, of any incident involving the use of the hoisting machine, or of any damage to adjoining property caused by the use of the hoisting machine.

3316.4 Permit for power operated hoisting equipment.

No power operated hoisting equipment, including supports and runback structures, shall be installed until the equipment user has obtained a permit in accordance with the requirements of Chapter 1 of Title 28 of the Administrative Code.

Exceptions:

1. A hoisting equipment permit is not required for equipment that is exempted from the requirements of Sections 3316.1 or 3319.1.

2. A hoisting equipment permit is not required for equipment, other than a crane, derrick, bucket hoist, material hoist, personnel hoist, or industrial rope access equipment, used exclusively to make deliveries to the site or service the site, and not used to perform construction or demolition work.

3. A hoisting equipment permit is not required for a power-operated, nonguided hoist with a maximum capacity of one ton or less and installed on new construction, or on alterations where the operation of the hoist is confined within the property and the site is protected in accordance with Section 3307.

4. A hoisting equipment permit issued under the provisions of this section is not required for cranes and derricks. Permits for cranes and derricks shall be in accordance with Section 3319.3.

3316.5 Design, installation, and inspection.

Hoisting equipment and material handling equipment, including supports and runback structures, shall be designed, installed, and inspected in accordance with the manufacturer's specifications, the requirements of this code, and rules promulgated by the commissioner. If there is a discrepancy, the stricter requirement shall be met.

3316.6 Rope inspection and replacement.

All ropes used in hoisting equipment and material handling equipment shall meet the inspection and replacement requirements specified in the manufacturer's specifications, the requirements of this code, and rules promulgated by the commissioner. If there is a discrepancy, the stricter requirement shall be met.

3316.7 Operation.

Hoisting equipment and material handling equipment, including supports and runback structures, shall be operated in accordance with the manufacturer's specifications, the requirements of this code, and rules promulgated by the commissioner. If there is a discrepancy, the stricter requirement shall be met.

3316.7.1 Operators and signalpersons.

Operators and signalpersons shall be qualified for the operation they perform. Only operators designated by the equipment user shall operate hoisting equipment and material handling equipment. Operators of hoisting machines shall be licensed where required by Article 405 of Title 28 of the Administrative Code.* Signalpersons shall be trained or certified where required by Section 3316.9.2 of this code. Operators of hoisting equipment and material handling equipment shall familiarize themselves with manufacturer specifications and applicable plans for the hoisting equipment prior to operating the hoisting equipment at the site and whenever such specifications or plans are revised or amended.

3316.7.2 Use during installation, jumping, dismantling or alteration.

Personnel and building materials connected with or related to the building project shall not be moved by the hoisting equipment or material handling equipment while such equipment is being installed, jumped, dismantled, or altered.

3316.7.3 Preventing unauthorized operation.

It shall be unlawful to operate any hoisting equipment or material handling equipment that is not provided with a positive means for preventing the unauthorized operation of such equipment. The means whereby the equipment may be made inoperative shall be acceptable to the department.

3316.7.4 Securing equipment.

The operator of the hoisting equipment or material handling equipment shall park and secure the equipment at the end of the shift and as weather or site conditions otherwise warrant. The operator of the hoisting equipment or material handling equipment shall make the equipment inoperative before leaving the equipment.

3316.7.5 Loading.

Loading of hoisting equipment and material handling equipment shall be conducted in accordance with the following requirements:

1. The equipment shall not be loaded in excess of the rated load specified by the manufacturer. When necessary, allowable loads shall be reduced to take into account effects of wind, ground condition, and operating speed.

2. Rated load capacities shall be conspicuously posted or displayed on the equipment. Load charts shall be accessible to the operator at all times and to the commissioner upon request.

3. All loads shall be properly trimmed and secured to prevent the dislodgment of any part during raising, lowering, swinging or transit.

4. Suspended loads shall be securely slung and properly balanced before they are set in motion.

5. The operator shall ascertain the weight of the load prior to lifting or lowering the load.

3316.7.6 Refueling.

Refueling of hoisting equipment and material handling equipment shall be conducted in accordance with the following requirements:

1. The engine shall be stopped during refueling, except as otherwise provided in rules promulgated by the commissioner.

2. Open lights, flames, or spark-producing devices shall be kept at a safe distance while refueling an internal combustion engine.

3. No person shall smoke or carry lighted smoking material in the immediate vicinity of the refueling area.

4. "No smoking" signs shall be conspicuously posted in all fueling or fuel storage areas.

5. Fuel shall be kept in containers that meet the requirements of the New York City Fire Department.

6. All other requirements of the New York City Fire Department and the New York City Department of Environmental Protection shall be satisfied.

3316.7.7 Work area control.

The equipment user shall provide and maintain measures, including but not limited to warning signs, barriers, or flagpersons, to prevent the public from coming into contact with or passing under hoisting equipment or material handling equipment.

Exception: For cranes or derricks, the work area shall be controlled in accordance with rules promulgated by the commissioner.

3316.7.8 Wind and weather.

Hoisting equipment located on the roof or setback of a building, exterior to a building or structure, on a working deck, or in an area with an unenclosed perimeter, is subject to the following wind and weather restrictions.

Exception: Cranes and derricks shall not be subject to the requirements of this section. Wind and weather restrictions for cranes and derricks shall be in accordance with the requirements of Section 3319.13 and rules promulgated by the commissioner.

3316.7.8.1 Start of work.

No operator of hoisting equipment shall start a pick when:

1. The wind speed exceeds 30 mph (3-second gust), the threshold specified by the manufacturer of the hoisting equipment, or the threshold indicated on plans, whichever is lower; or

2. As otherwise warranted by weather conditions or weather forecasts.

3316.7.8.2 In-service.

During picks it is the responsibility of the operator of the hoisting equipment to safely bring the pick to a stop and safely land the load when:

1. The wind speed exceeds 30 mph (3-second gust), the threshold specified by the manufacturer of the hoisting equipment, or the threshold indicated on plans, whichever is lower; or

2. As otherwise warranted by weather conditions or weather forecasts.

3316.7.8.3 Out-of-service.

At the end of the shift, or as weather conditions otherwise warrant, the operator of the hoisting equipment must properly park or secure the hoisting equipment for occurring or forecasted winds in accordance with the specifications of the manufacturer of the hoisting equipment and applicable plans.

3316.7.8.4 Assembly/disassembly.

The assembly/disassembly of hoisting equipment, including but not limited to the installation, jumping, or dismantling of the hoisting equipment, shall not begin when:

1. The wind speed exceeds 30 mph (3-second gust), the threshold specified by the manufacturer of the hoisting equipment to be assembled/disassembled, the threshold specified by the manufacturer of the assist equipment, or the threshold indicated on plans, whichever is lower;

2. The wind speed is forecast to exceed 30 mph (3-second gust), the threshold specified by the manufacturer of the hoisting equipment to be assembled/disassembled, the threshold specified by the manufacturer of the assist equipment, or the threshold indicated on plans, whichever is lower, before the assembly/disassembly operation can be safely completed and the hoisting equipment and all assist equipment can be parked and secured; or

3. As otherwise warranted by weather conditions or weather forecasts.

3316.7.8.5 Determining wind speed.

Wind speed shall be determined based on data from the nearest United States weather bureau reporting station, or an anemometer located at the site, freely exposed to the wind, and calibrated in accordance with ASTM D 5096-02.

Exception: For cranes and derricks, the requirements of Section 3319.13 shall apply.

3316.7.8.6 Assist equipment.

The requirements of Sections 3316.7.8.1 through 3316.7.8.5 shall also apply to assist equipment utilized in conjunction with the assembly/disassembly of hoisting equipment.

3316.8 Maintenance and repair.

Hoisting equipment and material handling equipment, including supports and runback structures, shall be maintained and repaired in compliance with the manufacturer's specifications, the requirements of this code, and rules promulgated by the commissioner. If there is a discrepancy, the stricter requirement shall be met.

3316.9 Rigging.

The hoisting or lowering of any suspended article on the outside of any building in the city shall be performed in accordance with the requirements of Sections 3316.9.1 through 3316.9.3.

3316.9.1 Supervision.

The hoisting or lowering of any suspended article on the outside of any building in the city shall be performed by or under the direct and continuing supervision of a licensed rigger.

Exceptions:

1. In lieu of a licensed rigger, the hoisting or lowering of a sign may be performed by or under the direct and continuing supervision of a licensed sign hanger.

2. Suspended scaffold operations shall meet the requirements of Section 3314.

3. In lieu of a licensed rigger, the hoisting or lowering of any suspended article on the outside of any building in the city may be performed by or under the supervision of a competent person designated by the contractor using the equipment provided the following conditions are met:

3.1. The hoisting or lowering occurs in conjunction with:

3.1.1. The construction of a new building;

3.1.2. The full demolition of an existing building;

3.1.3. The vertical or horizontal enlargement of an existing building; or

3.1.4. The alteration, maintenance, or repair of a facade of a major building where a site safety plan is required by Section 3310.3.

3.2. All individuals involved in the work are certified or trained in accordance with Section 3316.9.2, where such certification or training is required;

3.3. The hoisting or lowering does not meet the definition of industrial rope access;

3.4. The article being hoisted or lowered is not a boiler or tank;

3.5. The article being hoisted or lowered is not related to the assembly, jumping, or disassembly of a tower crane; and

3.6. Where the hoisting or lowering operation meets the definition of a critical pick, such critical pick is:

3.6.1. Performed in accordance with a plan developed by either a:

3.6.1.1 Licensed master rigger; or

3.6.1.2 Registered design professional who has demonstrated knowledge or experience with safe loads and computation thereof, types of rigging, size and strength of ropes, cables, blocks, and any other rigging equipment to be used during the critical pick; and

3.6.2. Immediately prior to the pick, onsite verification is made to ensure conformance with the plan by either:

3.6.2.1. The licensed master rigger who developed the plan;

3.6.2.2. The registered design professional who developed the plan; or

3.6.2.3. A registered design professional employed by and working under the direct supervision of the registered design professional who developed the plan.

4. Where the hoisting or lowering is performed under the direct and continuing supervision of a licensed rigger, a specialty crew who is not in the direct employ of the licensee or business of the licensee may be utilized, provided:

4.1. The work requires a specialty trade, including but not limited to work with hazardous materials or chemicals;

4.2. The crew is in accordance with rules promulgated by the commissioner; and

4.3. The members of the crew are approved by the commissioner.

3316.9.1.1 Supervisor.

The individual supervising the hoisting or lowering in accordance with Section 3316.9.1 shall:

1. Be present at the site during all times articles are being rigged for hoisting or lowering or are being hoisted or lowered;

2. Have the ability to communicate with all individuals involved with such work; and

3. Be in the line of sight of either the:

3.1. Attaching operation;

3.2. Detaching operation, or

3.3. The hoisting equipment.

3316.9.2 Certification or training.

All members of the rigging crew engaged in the hoisting or lowering of any suspended article on the outside of any building in the city, the supervisor of such individuals, and signalpersons communicating with such individuals, shall either:

1. Possess a valid certification for both rigging and signaling. The certification shall be acceptable to the commissioner and issued by a rigging and signaling certification program that is accredited by the National Commission for Certifying Agencies (NCCA) or the American National Standards Institute (ANSI). The certification shall be valid for a term of no more than five years before it has to be renewed and shall cover areas including, but not limited to, the inspection and use of rigging hardware, basic rigging techniques, signaling, and hazards associated with rigging. The certification for a supervisor shall, in addition to the foregoing, include calculations and problem solving with respect to rigging; or

2. Have completed an initial department-approved training course, and four years following the completion of the initial training course, and every four years thereafter, complete a department-approved refresher course. The courses shall be in accordance with the following:

2.1. The initial training course for members of the rigging crew, including signalpersons communicating with such crew, shall be, at a minimum, 16 hours long, with the refresher course, at a minimum, 8 hours long. The initial training course for a supervisor shall be, at a minimum, 32 hours long, with the refresher course, at a minimum, 16 hours long.

2.2. The training course shall be conducted by a registered New York State Department of Labor apprenticeship training program or by an educational institution or school chartered, licensed or registered by the New York State Department of Education or by a provider approved by the department and presented by an instructor acceptable to the commissioner.

2.3. Training courses and refresher courses shall cover areas including, but not limited to, the inspection and use of rigging hardware, basic rigging techniques, signaling, and hazards associated with rigging. The training course and refresher course for a supervisor shall, in addition to the foregoing, include calculations and problem solving with respect to rigging. The training course and refresher course, both for crew members and supervisors, shall include a significant portion of hands on training.

2.4. Successful completion of the initial training course and refresher course shall be based upon passage of a written and a practical exam.

2.5. Successful completion of the initial training course and refresher course shall be evidenced by a wallet size certificate card issued by the training provider and acceptable to the commissioner. Such certificate card shall be readily available to the commissioner upon request and shall contain, at a minimum, the following information:

2.5.1. The name of the individual to whom it was issued;

2.5.2. A photograph of the individual to whom it was issued; and

2.5.3. Any other information required pursuant to rules promulgated by the commissioner for a department approved training course.

2.6. For individuals who fail to complete the required refresher course within any 4 year period, a refresher course shall be considered timely if completed within 1 year after the expiration date of the last previously completed initial or refresher course. During such period, such individual shall not perform or supervise any activity for which the lapsed training is required to perform or supervise such activity until such individual has successfully completed such refresher course. Where more than 1 year has lapsed, such individual shall be required to successfully recomplete the initial training course.

Exceptions: Training or certification is not required for:

1. Individuals working under the direct and continuing supervision of a licensed rigger or sign hanger.

2. The loading or unloading a material delivery truck provided the material is loaded or unloaded only between the ground and the truck, or vice versa, and also provided that the material is not raised more than 12 feet (3658 mm) above the bed of the truck during the loading or unloading process.

3. The use of hoisting equipment that has a manufacturer's rated capacity of 2,000 pounds (907 kg) or less.

4. The use of equipment that is exempted from the requirements of Section 3316.1 or Section 3319.1 of the building code.

5. The use of industrial rope access equipment, which shall instead meet the requirements of Section 3316.9.3.

3316.9.3 Industrial rope access.

Any person using industrial rope access methods to descend or ascend outside a building, including the individual supervising such, must be certified by either the Society of Professional Rope Access Technicians ("SPRAT") or the Industrial Rope Access Trade Association ("IRATA"), or an equivalent acceptable to the department. Only hand tools, securely attached to a person, may be carried by such person during the use of industrial rope access methods. Any other tools or equipment must be separately hoisted or lowered.

3316.10 Special provisions for cableways.

The construction, installation, inspection, maintenance, and use of cableways shall be in accordance with rules promulgated by the commissioner.