A Local Law to amend the administrative code of the city of New York, in relation to crane wind restrictions

Int. No. 1422

By Council Members Chin, Crowley, Reynoso, Levin, Espinal, Cornegy, Richards and Menchaca (in conjunction with the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to crane wind restrictions

Be it enacted by the Council as follows:

Section 1. Section BC 3319 of chapter 33 of the building code of the city of New York is amended to add new sections 3319.11 to read as follows:

3319.11 Wind restrictions for cranes. The following wind restrictions shall apply to cranes that require a certificate of on-site inspection.

3319.11.1 Special provisions for configurations that require certain actions to be taken at 20 mph or less. No crane that utilizes a lattice boom, lattice jib, or lattice mast during the course of the job shall be placed into a configuration that requires, at a wind speed of 20 mph (32 kph) or less, the boom or boom/jib combination to be laid down, placed in a jackknife position, or other special protective measures to be implemented, unless:

1.  At the end of the shift, or as weather conditions warrant, the boom or boom/jib combination is laid down, jackknifed, or other special protective measures are implemented; and

2.  The crane is set up and operated within a safety zone, where:

2.1.  The distance from the crane to the boundary of the safety zone is equal to or greater than the length of the boom, jib, and any other attachments; and

2.2.  All areas within the safety zone are closed to the public;

3319.11.2 Special provisions for configurations that require certain actions to be taken above 20 mph but at or under 30 mph. No crane that utilizes a lattice boom, lattice jib, or lattice mast during the course of the job shall be placed into a configuration that requires, at a wind speed above 20mph (32 kph) but at or under 30 mph (48 kph), the boom or boom/jib combination to be laid down, placed in a jackknife position, or other special protective measures to be implemented, unless at the end of the shift, or as weather conditions warrant, the boom or boom/jib combination is laid down, jackknifed, or other special protective measures are implemented; and one of the following:

1.  The crane is set up and operated within a safety zone that meets the requirements of item 2 of Section 3319.11.1; or

2.  A plan for monitoring and securing the crane is submitted to the department and approved by the department, the fire department, and the department of transportation.  Such plan must be specific to the site and, at a minimum, detail the:

2.1. Safeguards to be provided for the public and adjoining property;

2.2. Monitoring protocols and thresholds for wind and other conditions;

2.3. Communication protocol for when thresholds are exceeded; and

2.4. Emergency response procedures for when thresholds are exceeded.

3319.11.3 Orientation.

3319.11.3.1 Orientation for the assembly/disassembly director. No person shall perform the duties of an assembly/disassembly director for a crane that meets the requirements of Section 3319.11.1 or 3319.11.2 until the assembly/disassembly director has successfully completed an orientation conducted by a qualified person designated by the equipment user. Such orientation shall, at a minimum, review the applicable manufacturer assembly/disassembly procedures and the approved assembly/disassembly plan for the crane in the configuration to be assembled or disassembled.

3319.11.3.2 Orientation for the lift director. No person shall perform the duties of a lift director for a crane that meets the requirements of Section 3319.11.1 or 3319.11.2 until the lift director has successfully completed an orientation conducted by a qualified person designated by the equipment user.  Such orientation shall, at a minimum, review the applicable sections of the approved crane notice plan in relation to site conditions, crane location and configuration, and traffic and pedestrian controls, and the applicable sections of the wind action plan with regard to the wind speed thresholds for the crane in the configurations to be operated.

3319.11.3.3 Orientation for hoisting machine operator. No person shall operate a crane that meets the requirements of Section 3319.11.1 or 3319.11.2 until:

1. The hoisting machine operator has successfully completed an orientation conducted by a qualified person designated by the equipment user.  Such orientation shall, at a minimum, review the applicable sections of the approved crane notice plan in relation to site conditions, crane location and configuration, and pick, swing, and landing zones, and the wind action plan for the crane in the configuration to be operated, as well as the controls, computer displays, operator aids, and safety devices for the specific make, model, and configuration of crane to be operated; and

2.  The equipment user has verified that the hoisting machine operator has, within 30-days prior to the orientation, completed simulator training specific to the make, model, and configuration of the crane to be utilized. Such training shall, at a minimum, simulate the sequence specified in the wind action plan to raise and lower the boom or the boom/jib combination in the configuration to be operated.  The simulator training shall take place at a facility operated by an educational institution or school chartered, licensed or registered by the New York state department of education, a New York state department of labor-approved training provider registered apprenticeship program, or an entity acceptable to the crane manufacturer.

3319.11.3.4 Documentation. Successful completion of an orientation required by this section shall be documented in the form of a letter, signed and dated by the qualified person who performed the orientation.  Such letter must, at a minimum, state the name of the person who conducted the orientation, the name of the person to whom the orientation was provided, the date of the orientation, and the topics covered. Such letter shall be maintained at the jobsite by the equipment user, and made available to the commissioner upon request.

§ 2. This local law takes effect immediately except that this local law shall not apply to the use of a mobile crane at a construction site where a certificate of on-site inspection for the use of such crane at such site is issued prior to July 1, 2017; provided that this exception shall not apply to a mobile crane that is a crawler crane. As used in this section, the terms certificate of on-site inspection, mobile crane and crawler crane are as defined in chapter 33 of the New York city building code.

MPC

LS 7557

1/17/17 2:52PM.