[HISTORY: Adopted by the City Council of the City of Newburgh 5-11-1987 by Ord. No. 6-87. Amendments noted where applicable.]
[Amended 7-10-2017 by Ord. No. 9-2017]
The provisions of this chapter shall govern the conduct of all construction operations with regard to the safety of the public and property. For the purposes of this chapter, construction operations shall include the construction, alteration, repair, extension, demolition or dismantling of buildings or structures; the construction, alteration, repair, extension or demolition of any works forming, or to form, part of the land; the installation in any building or structure of systems of heating, lighting, air-conditioning, soundproofing, ventilation, power supply, drainage, sanitation, sewer line, or water supply; the installation in or on any building or structure of systems of telecommunications; operations which form an integral part of, or are preparatory to, or are for rendering complete such operations as described in this definition, including site clearance, earth-moving, excavation, tunneling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping, and the provision of roadways and other access works; the haulage and/or storage of materials, machinery or plant for use, whether used or not, in any of the operations referred to herein. It shall not apply as to safety of persons employed in contractor work, which shall be governed by the Labor Law and regulations of the State of New York.
Editor’s Note: See NY Labor § 1 et seq.
Any person engaged in construction operations shall institute and maintain safety measures and provide all equipment or temporary construction required by the Building Inspector as necessary to safeguard all persons or property affected by said operations.
All structures or equipment so required, whether permanent or temporary, shall be constructed in accordance with the New York State Uniform Fire Prevention and Building Code and all generally accepted standards thereunder and shall not be loaded in excess of design capacity.
The Building Inspector may require that any construction or equipment required by him as a safety measure pursuant to this chapter or in use at the site of construction operations be inspected by an engineer or architect and that the same be certified as safe in a report to be filed with the Building Inspector. Any such inspection shall be at the expense of the person engaged in the construction operations.
No utility shall be disturbed, removed or relocated or have its service interrupted without the prior permission of the utility company. The Building Inspector shall be advised by the person engaging in construction operations at least 72 hours prior to any interruption in off-site utility service which will occur as a result of said construction operations.
Fire-preventive facilities and water service to all fire hydrants shall be continuously maintained and protected unless prior written authorization is obtained from the Chief of the Fire Department.
All streets, sidewalks and other areas used by the public shall be maintained free from ice, snow, grease, debris, equipment, projections, tools or other items, substances or conditions which may, in the judgment of the Building Inspector, constitute a hazard.
When not being used, materials, equipment and tools that might fall from levels above areas used by the public shall be kept away from edges or openings. When exterior walls are not in place, material shall be kept at least 10 feet back from the perimeter of the property.
When, in the judgment of the Building Inspector, the safety of the public or property requires that the site of construction operations be fenced or that a sidewalk shed is required to protect passerby on the public right-of-way from falling objects, he shall order that such fence or sidewalk shed be constructed. Said fence or sidewalk shed shall be constructed pursuant to a permit of the Building Inspector in accordance with the New York State Uniform Fire Prevention and Building Code and specifications established by the City Engineer.
The City Manager shall have the power to grant a permit to persons engaged in construction operations for the storage of materials or equipment in the public street or sidewalk adjacent to the site during the conduct of such construction operations. No portion of a public street or sidewalk other than that directly abutting the site shall be used.
If the grants such a permit, the City Manager shall require barricading of the area of the street or sidewalk to be used in construction operations and the erection of appropriate signs, traffic control devices, lighting or warnings as necessary to protect the public and property. All such measures, as required by the City Manager, shall be at the expense of the person engaged in construction operations. The City Manager shall also require the person engaged in construction operations to provide liability insurance in an amount deemed sufficient by the City Manager, naming the City as an insured against all liability arising out of the use or closure of said public sidewalk or street, and a continuing surety bond in an amount and in a form to be established by the City Manager, conditioned upon compliance with all orders of the City Manager or Building Inspector in regard to said street or sidewalk.
In considering any application for a permit under this section, the City Manager shall consider the needs of the construction project, the public convenience, access for police and fire services, public utilities and the public safety and welfare.
[Amended 6-13-1988 by L.L. No. 4-1988; 7-10-2017 by Ord. No. 9-2017]
No person shall use, move, remove or cause or permit to be used, moved or removed any crane without obtaining a permit from the Building Inspector.
The Building Inspector, in considering the application for a crane permit, shall require proof of compliance with Article 28-D of the General Business Law.
The Building Inspector may set restrictions on the operation or moving of any crane as required in his judgment to protect the public or property, in addition to the requirements contained herein.
The crane permit applicant shall submit the name(s) and qualifications of the qualified person(s) as defined by OSHA and ASME, as well as the New York State registered professional engineer (RPE) responsible for preparation of erection drawings and repair/adjustment to the crane during operation. Subject to approval by the Building Inspector, these individuals shall constitute the only parties authorized to perform the functions of the qualified person and RPE for the duration of the crane operation.
Prior to the earlier of the initial crane assembly or use of the crane within the City of Newburgh, proof shall be submitted that such crane underwent an inspection in accordance with OSHA 1926.1412(f) and ASME B30.5 5-2.1.3 within the past year. The inspection report shall be reviewed and approved by the RPE, and a signed and sealed copy shall be provided to the Building Inspector.
The applicant shall notify the Building Inspector in writing 24 hours prior to use of the crane.
Copies of all inspection reports shall be maintained on the project site, available for review by City personnel. Copies shall be maintained for the duration of the project and turned over to the City at the completion of construction. It is further required that:
Daily OSHA and frequent ASME inspection reports shall be dated and signed by the qualified person.
Monthly OSHA or periodic ASME inspection reports shall be dated, signed by the qualified person and reviewed and approved by the RPE.
Inspections required based on modified equipment repairs shall be performed by the RPE, and reports shall be signed and sealed and shall be forwarded to the Building Official.
No person shall engage in the operation of a crane unless he or she provides proof of certification from Crane Institute of America Certification ("CIC"), the National Commission for the Certification of Crane Operators ("NCCCO"), or any other organization found by the Building Inspector to offer an equivalent testing and certification program that meets ASME and OSHA requirements.
No person shall perform or cause to be performed any excavation within the City to a depth greater than 10 feet below either the legally established curb level or to a depth greater than 10 feet below the average surface level of an adjoining property without having first obtained a permit from the Building Inspector.
No separate excavation permit shall be required if the excavation is being performed in connection with other work for which a permit has already been issued.
As a condition of any permit involving an excavation, the Building Inspector may require that provision be made at the expense of the person conducting the excavation to preserve and protect from injury any adjoining property or structures and for the safety of the public.
No construction operations shall be conducted between 10:00 p.m. and 7:00 a.m., nor shall any construction operations be conducted on a Saturday, Sunday or legal holiday unless prior written notice is given to the Building Inspector and a permit for such operation is issued by the Building Inspector. Such permit may establish conditions to protect the public from inconvenience due to noise, disruption of traffic, interference with religious services or other inconvenience.
[Amended 6-14-2010 by Ord. No. 10-2010]
Whenever a permit is required by this chapter, the application shall be accompanied by the fee set forth in the City fee schedule as set forth in Chapter 163, Fees, of this Code.
[Amended 9-28-1998 by Ord. No. 12-98]
Whenever a permit is required by any ordinance of the City in connection with construction operations, an order of the Building Inspector made pursuant to this chapter shall be enforceable against the person named on that permit and shall, in addition, be enforceable against the owner of the property where the construction operations are taking place, the contractor performing the construction operations, the person in charge of the construction site and any persons carrying on the construction work in a manner contrary to the order of the Building Inspector.
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
The powers conferred upon the Building Inspector by this chapter shall be in addition to all the powers conferred upon him by law or ordinance and shall not be construed in any way to limit the general powers of the Building Inspector.