[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[1] and regulations of the State of New York.
[1]
Editor’s Note: See NY Labor § 1 et seq.
A.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
E.
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.
F.
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.
G.
The applicant shall notify the Building Inspector in writing 24 hours
prior to use of the crane.
H.
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:
(1)
Daily OSHA and frequent ASME inspection reports shall be dated and
signed by the qualified person.
(2)
Monthly OSHA or periodic ASME inspection reports shall be dated,
signed by the qualified person and reviewed and approved by the RPE.
(3)
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.
I.
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.
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
D.
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.
