N.Y.C. Admin. Code § BC 3319: Section BC 3319: Cranes and Derricks

3319.1 Scope.

Cranes and derricks shall meet and be used in accordance with the requirements of this section, Section 3316, and rules promulgated by the commissioner.

Exceptions: The requirements of this section shall not apply to:

1. Equipment that is exempted from the requirements of Section 3316.1.

2. Material delivery trucks when used to load and unload material, provided such 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. Excavation or earth-moving equipment, including but not limited to power shovels, excavators, wheel loaders, backhoes, loader backhoes, and truck loaders. However, this exception shall not apply when such equipment is used to lift or lower a suspended load more than 12 feet (3658 mm) above the level of the ground. This exception further shall not apply to equipment designed primarily to lift or lower a suspended load, including but not limited to a mobile crane with a clamshell.

4. Excavation or earth-moving equipment equipped with a pile driving attachment. However, this exception shall not apply when such equipment is configured to lift or lower a suspended load not related to the pile driving operation. This exception further shall not apply to dedicated pile drivers, nor shall it apply to equipment designed primarily to lift or lower a suspended load, including but not limited to a mobile crane with a pile driving attachment.

5. Drilling equipment, including but not limited to augers, churn-drills, dedicated drilling rigs, and excavators equipped with a drilling attachment. However, this exception shall not apply when such equipment is configured to lift or lower a suspended load not related to the drilling operation. This exception further shall not apply to equipment designed primarily to lift or lower a suspended load, including but not limited to a mobile crane with a drilling attachment.

6. Digger derricks used in conjunction with the installation, alteration, maintenance, or removal of electric or telecommunication transmission/distribution lines and associated equipment.

7. Demolition equipment, including but not limited to vertical concrete chippers and high reach demolition equipment. However, this exception shall not apply when such equipment is configured to lift or lower a suspended load. This exception further shall not apply to equipment designed primarily to lift or lower a suspended load, including but not limited to a crane assisting with demolition operations.

8. Powered industrial trucks (forklifts). However, this exception shall not apply when such equipment is used to lift or lower a suspended load.

9. Aerial work platforms, including but not limited to vehicle-mounted aerial devices for lifting personnel, and self-propelled elevating work platforms. However, this exception shall not apply when such equipment is configured to both lift or lower a suspended load and function as an aerial work platform. This exception further shall not apply to equipment designed primarily to lift or lower a suspended load, including but not limited to a mobile crane equipped with a manbasket.

10. Concrete pumping equipment not capable of lifting or lowering any suspended loads.

11. Machinery that hoists by using a come-a-long or chainfall.

12. Roustabouts.

3319.2 Personnel.

Personnel shall comply with Sections 3319.2.1 through 3319.2.3.

3319.2.1 Hoisting machine operators.

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

3319.2.2 Riggers.

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

3319.2.3 Lift directors.

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

3319.3 Certificates required.

No owner, equipment user, or other person shall authorize or permit the use or operation of a crane or derrick that does not possess and/or is not in conformance with a certificate of approval, certificate of operation, and certificate of on-site inspection. The certificates are valid only if the conditions and statements contained in the approved application are complied with, and the crane or derrick is used or operated in conformance with the provisions of this code and the rules applicable thereto.

Exceptions: The requirement for a certificate of approval, certificate of operation, and a certificate of on-site inspection shall not apply to the following:

1. Cranes or derricks performing an emergency use pursuant to the lawful order of the head of any department.

2. Cranes or derricks with a manufacturer's rated capacity of 1 ton (907 kg) or less.

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

4. Mobile cranes, including jibs and any other extensions to the boom, exceeding 50 feet (15 240 mm) but not exceeding 135 feet (41 148 mm) in length, and with a manufacturer's rated capacity of 3 tons (2722 kg) or less, except that a certificate of operation, as provided for in Section 3319.5, shall be required.

5. Mobile cranes of a limited size and capacity, or performing a limited use, and exempted from the requirements for a certificate of approval, certificate of operation, or a certificate of on-site inspection in accordance with rules promulgated by the commissioner.

3319.4 Certificate of approval.

Certificates of approval shall comply with the following:

1. The manufacturer or owner, or a designated representative of the manufacturer or owner, of a crane or derrick for which a certificate of approval is sought, or for which an existing certificate of approval is to be amended, shall file an application for such certificate of approval or amendment, and provide such information as set forth in rules promulgated by the commissioner.

2. Upon the department's approval of the application described in Item 1, the department shall issue a certificate of approval for the equipment. The manuals, load rating charts, and other information submitted with the application are considered part of the certificate of approval.

3. The certificate of approval shall be required to be amended when a crane or derrick is modified or altered to:

3.1. Increase the boom length, jibs, or any extensions to the boom beyond the maximum approval length;

3.2. Increase the load ratings beyond the maximum approval; or

3.3. As otherwise specified in accordance with rules promulgated by the commissioner.

3319.5 Certificate of operation.

Certificates of operation shall comply with the following:

1. The owner, or his or her designated representative, of a crane or derrick for which an initial certificate of operation is sought, or for which an existing certificate of operation is intended to be amended or renewed, shall file an application for such certificate of operation and provide such information as set forth in rules promulgated by the commissioner.

2. The commissioner shall issue, renew, or amend a certificate of operation upon satisfactory inspection and testing indicating that such crane or derrick is in a safe operating condition.

3. A certificate of operation shall be valid for a period of one year; except that:

3.1. For a crane or derrick meeting conditions established in accordance with rules promulgated by the commissioner, the certificate of operation shall expire at the end of the job.

3.2. For a crane or derrick which possesses a certificate of operation that expires annually, the owner of the crane or derrick may continue to use the crane or derrick until the department renews or denies the certificate of operation, provided the owner applied to renew the certificate of operation within not more than 60 nor less than 30 days prior to the date of its expiration.

4. The renewal fee for the certificate of operation shall be charged annually, except for a crane or derrick meeting conditions established in accordance with rules promulgated by the commissioner, the fee shall be charged at intervals prescribed in the rule.

5. When a component, as defined in rules promulgated by the commissioner, is replaced or added to the crane or derrick, the certificate of operation shall be amended to reflect such change.

6. A certificate of operation is also required to be amended when otherwise specified in rules promulgated by the commissioner.

7. No crane or derrick subject to one or more of the conditions listed in items 5 or 6 shall operate until an amended certificate of operation has been issued by the department.

3319.6 Certificate of on-site inspection.

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

1. An engineer, designated by the equipment user of a crane or derrick for which an initial certificate of on-site inspection is sought, or for which an existing certificate of on-site inspection is intended to be amended or renewed, shall file an application for such certificate of on-site inspection and provide such information as set forth in rules promulgated by the commissioner.

2. The commissioner shall issue, renew, or amend a certificate of on-site inspection upon satisfactory inspection and testing indicating that such crane or derrick is configured and located in accordance with the approved application.

3. A certificate of on-site inspection shall be valid for a period of one year, or until the end of the job, whichever is less.

3319.7 Temporary certificates.

The commissioner may issue temporary certificates of approval, operation, or on-site inspection for any crane or derrick during the pendency of an application for the certificate and upon inspection, analysis, and testing as the commissioner may deem necessary. The commissioner may place appropriate restrictions on a crane or derrick operating under a temporary certificate, and may revoke such temporary certificates if the underlying application is denied.

3319.8 Special provisions for tower cranes.

Tower cranes shall comply with the requirements of Sections 3319.8.1 through 3319.8.8.

Exceptions: The requirements of Sections 3319.8.1 through 3319.8.8 shall not apply to:

1. The installation of a tower crane foundation, anchor stool, and first mast section, provided such installations are in accordance with rules promulgated by the commissioner.

2. The assembly or disassembly of a self-erecting tower crane, provided the assembly/disassembly proceeds in accordance with rules promulgated by the commissioner.

3319.8.1 Plan for the erection, jumping, and dismantling of tower cranes.

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

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

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

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

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

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

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

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

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

3319.8.2 Safety coordination meeting.

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

1. Equipment user or designee;

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

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

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

5. Licensed crane operator and oiler; and

6. Any other parties the department deems necessary.

3319.8.3 Pre-jump safety meeting.

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

1. Equipment user or designee;

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

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

4. Licensed crane operator and oiler;

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

6. Flagman/woman where required;

7. Signalman/woman and communications personnel; and

8. Any other parties the department deems necessary.

3319.8.4 Department notification.

The equipment user shall notify the department at least 48 hours in advance of the erection, jumping, or dismantling of a tower crane. No work related to the erecting, jumping, or dismantling of the tower crane is to be performed without such notification having been given to the department. The notification shall include the following information:

1. A time schedule including date and time of day that the erection, jumping, or dismantling is proposed to take place;

2. The names and contact information of the licensed master or tower crane rigger; and

3. The name and contact information of the company performing the erection, dismantling, or jumping work.

3319.8.5 Safety coordination and pre-jump safety meeting topics.

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

1. Scope of work;

2. Roles and responsibilities;

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

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

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

6. Permit validity;

7. Qualifications and training of personnel;

8. Relevant weather warnings;

9. Compliance with the manufacturer's manual; and

10. Softening mechanisms, if using nylon slings.

3319.8.6 Meeting log.

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

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

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

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

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

5. certification of worker training pursuant to Section 3319.10.

3319.8.7 Inspection and certification by the engineer of record.

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

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

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

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

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

3319.8.8 Erection, jumping, and dismantling operations.

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

1. The licensed master, tower crane rigger, and the rigger foreman shall be present at the site during erection, jumping, and dismantling of the tower crane;

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

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

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

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

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

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

3319.9 Slings.

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

3319.9.1 Use of synthetic slings in conjunction with tower crane erection, jumping, and dismantling.

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

3319.9.2 Discarded rope.

Discarded rope shall not be used for slings.

3319.10 Worker training.

The training of workers engaged in the erection, jumping, or dismantling of a tower crane, including the licensed rigger and the rigger foreman, shall be in accordance with the requirements of Section 3319.10.1 and 3319.10.2.

Exceptions: The requirements of this section shall not apply to:

1. The installation of a tower crane foundation, anchor stool, and first mast section.

2. The assembly or disassembly of a self-erecting tower crane, provided workers engaged in the assembly/disassembly operation have been trained in accordance with rules promulgated by the commissioner.

3319.10.1 Training requirements.

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

3319.10.1.1 Training providers.

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

3319.10.2 Certification.

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

3319.11 Crane location device.

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

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

(L.L. 2017/077, 5/10/2017, eff. 5/1/2018)

3319.12 Crane event recorder.

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

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

(L.L. 2017/079, 5/10/2017, eff. 1/1/2019; Am. L.L. 2018/013, 12/31/2017, eff. 4/30/2018)

3319.12.1 Data to be recorded.

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

1. Crane configuration;

2. Any overload condition;

3. Status of limit switches; and

4. Operator overrides.

(L.L. 2017/079, 5/10/2017, eff. 1/1/2019; Am. L.L. 2018/013, 12/31/2017, eff. 4/30/2018)

3319.12.2 Data to be made available to commissioner upon request.

Data collected by the event recorder shall be made available to the commissioner upon request.

(L.L. 2017/079, 5/10/2017, eff. 1/1/2019; Am. L.L. 2018/013, 12/31/2017, eff. 4/30/2018)

3319.13 Measuring wind.

Wind speed during crane or derrick operations shall be determined in accordance with the requirements of Table 3319.13. Options 1, 2, and 3 in Table 3319.13 shall be in accordance with the requirements of Sections 3319.13.1 through 3319.13.3, respectively.

Table 3319.13 Wind measurement requirements for cranes and derricks

Equipment type

Allowable options

Option 1: Anemometer on the crane or derrick

Option 2: Anemometer at the site

Option 3: Nearest weather station

Certificate of on-site inspection or supervision by a licensed master rigger required

Crane with lattice boom, jib, or mast (and not a pile driver or clamshell)

Yes

No (Except may utilize if anemometer on crane malfunctions)

No

Crane utilizing only a telescoping boom

Yes

Yes

Yes

Crane utilizing only an articulating boom

Yes

Yes

Yes

Pile driver

Yes

Yes

Yes

Clamshell

Yes

Yes

Yes

Derrick

Yes

Yes

No

A crane, derrick, pile driver, or clamshell that does not require a certificate of on-site inspection or supervision by a licensed master rigger

Yes

Yes

Yes

(L.L. 2018/013, 12/31/2017, eff. 4/30/2018)

3319.13.1 Option 1: Anemometer on the crane or derrick.

An anemometer provided by the crane or derrick manufacturer, or an entity acceptable to such manufacturer, and installed at the top of the boom or at the location specified by such manufacturer. The anemometer must measure a 3-second gust wind. A real time display of the anemometer must be available to the hoisting machine operator in the crane cab or at the operator's station. Such anemometer is to be considered an operational aid and must be checked prior to each shift as required by department rules.

Exception: Where the manufacturer is no longer in business, or the manufacturer or an entity acceptable to such manufacturer is unable to provide the anemometer, the anemometer may be approved by the department.

(L.L. 2018/013, 12/31/2017, eff. 4/30/2018)

3319.13.2 Option 2: Anemometer at the site.

An anemometer located at a high point of the site approximate to the height and location of the crane or derrick boom/jib, freely exposed to the wind, and calibrated in accordance with ASTM D 5096-02. The anemometer must measure a 3-second gust wind. A real time display of the anemometer must be available to the hoisting machine operator at the operator's station, or a person designated by the hoisting machine operator must be provided to monitor the display and alert the hoisting machine operator when measurements near, meet, or exceed the thresholds specified in the approved wind action plan. Such anemometer is to be considered an operational aid and must be checked prior to each shift as required by department rules.

(L.L. 2018/013, 12/31/2017, eff. 4/30/2018)

3319.13.3 Option 3: Nearest weather station.

The most recent gust wind speed reported at the nearest National Weather Service weather station. The equipment user must establish a system to ensure the hoisting machine operator is notified when reported wind gusts near, meet, or exceed the thresholds specified in the approved wind action plan. An acceptable system may include engaging a metrological service to provide a text or similar alert to a person designated by the equipment user when wind thresholds are neared, met, or exceeded, and have such designated person notify the hoisting machine operator.

(L.L. 2018/013, 12/31/2017, eff. 4/30/2018)

3319.14 Age limitations for cranes.

Only cranes having an age of less than 25 years from the manufacture date may be used in New York City. Notwithstanding the provisions of Section 3319.5, the certificate of operation for a crane with an age greater than 25 years from the manufacture date shall be deemed to have expired.

Exceptions:

1. A crane with an age of 25 years or greater from the manufacture date that is (i) in use on a project on January 1, 2019 or (ii) not in use on January 1, 2019, but for which an application for a certificate of on-site inspection has been approved as of January 1, 2019, may continue to be used until completion of the project for which it is being used or the project for which such certificate of onsite inspection was issued.

2. Where a crane with an age of less than 25 years from the manufacture date at the time the department approved the application for a certificate of on-site inspection is being used on a project and will reach an age of 25 years or greater from the manufacture date during such project, such crane may be used for the duration of that project or until it reaches 28 years of age, whichever occurs earlier.

3. The commissioner may approve the use of a crane with an age of 25 years or greater from the manufacture date for up to a maximum of five years, not to exceed 30 years from the manufacture date, when records as required by rule of the department are deemed sufficient by the commissioner to establish that such crane meets the manufacturer's standards for use.

4. This section shall not apply to equipment used for pile driving or clamshell work.

(L.L. 2018/003, 12/31/2017, eff. 1/1/2019)