[HISTORY: Adopted by the Suffolk County Legislature 6-26-2007 by L.L. No. 21-2007 (Ch. 410 of the 1985 Code). Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
This Legislature hereby finds and determines that supported scaffolds are often utilized as part of a construction project and that the erection of supported scaffolds in excess of 20 feet in height in connection with construction projects potentially poses a risk to the safety of the public as well as public and private property within the County of Suffolk.
This Legislature also hereby finds that, over the past 10 years, scaffolding collapses have led to property damage, severe injury, and even death not only to construction workers, but to members of the public as well.
This Legislature further finds that the risk of injury and death to members of the public and the threat of costly damage to property will be reduced and overall public safety will be enhanced by a requirement that persons working with scaffolds within the County of Suffolk have the requisite training and expertise to utilize and maintain supported scaffolds in a responsible and safe manner.
Therefore, the purpose of this chapter is to establish a requirement that individuals working with scaffolds in excess of 20 feet in height within the County of Suffolk first complete approved training and refresher courses offered by Occupational Safety and Health Administration (OSHA) certified instructors.
As used in this chapter, the following terms shall have the meanings indicated:
- The Commissioner of the Department of Public Works, or his or her designee.
- SUPPORTED SCAFFOLD
- One or more platforms supported by outrigger beams, brackets, poles, legs, uprights, posts, frames, or similar rigid support 20 feet in height or more and including, but not limited to, sidewalk bridge scaffolds, single pole scaffolds, tube and coupler scaffolds, fabricated frame scaffolds, tubular welded frame scaffolds, outrigger scaffolds, needle beam scaffolds, mobile scaffolds, repair bracket scaffolds, mast climber scaffolds that are mechanized or motorized, back structures for personnel hoists and/or material hoists and system scaffolds. Any sidewalk shed that provides a base for a supported scaffold will subject the entire structure, including the sidewalk shed, to the requirements of this chapter.
It is unlawful for any individual to erect, dismantle, repair, maintain or modify any supported scaffold within the County of Suffolk, or to be on any supported scaffold assisting in the erection, dismantling, repair, maintenance or modification of any supported scaffold within the County of Suffolk, unless such individual has been issued a supported scaffold certificate of completion under the provisions of this chapter.
The provisions of this chapter shall not apply to:
The erection, dismantling, repair, maintenance or modification of any supported scaffold performed by an employee of a public utility or any federal, state or local government or any agencies thereof when such supported scaffold is located within the interior of a building or structure owned or operated by such utility or federal, state or local government or any agencies thereof, and when such public utility or federal, state or local government or any agencies thereof have a safety training program of not less than 32 hours for their employees who erect, dismantle, repair, maintain or modify such scaffolds.
Employees of a public utility or any federal, state or local government or any agencies thereof performing work while using a supported scaffold, provided that such employees are trained, pursuant to the United States Department of Labor's OSHA requirements, to be able to recognize the hazards associated with the type of supported scaffold being used, and to understand the procedures to control those hazards.
The erection, dismantling, repair, maintenance or modification of standalone, one-story sidewalk sheds.
In order to obtain and hold a supported scaffold certificate of completion, an individual shall have successfully completed the thirty-two-hour training program or course pursuant to the United States Department of Labor's OSHA thirty-two-hour scaffold safety and training curriculum and conducted pursuant to a registered New York State Department of Labor apprenticeship program or conducted by an educational institution or school chartered, licensed or registered by the New York State Department of Education, and, if such training program or course has been completed more than two years previously, taken an eight-hour scaffold safety and training refresher program or course. Successful completion of the training program or course shall be evidenced by a dated supported scaffold certificate of completion issued by the provider of the training program or course to the individual participant named on such certificate. This certificate of completion, or a true copy thereof, shall be readily available to the Commissioner upon request. Such supported scaffold certificate shall be deemed valid if such certificate is dated within two years of its date of issuance. Any training program or course presented under the provisions of this section must be presented by instructors who are certified under the applicable provisions established by the United States Department of Labor's OSHA for construction safety.
The Commissioner shall have the power to impose a fine not to exceed $500 for a first violation and $1,500 for any subsequent violation upon an individual who violates any of the provisions of this chapter.
No fine shall be imposed until after a hearing has been held before the Commissioner upon at least five business days' notice to the alleged violator. Such notice shall be served either personally or by certified mail, return receipt requested, to the last known address of the alleged violator and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations. The alleged violator may be represented by counsel and may produce witnesses in his or her own behalf. A record of the hearing shall be taken and preserved. For purposes of such hearing, the Commissioner may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records or other documents deemed pertinent to the subject of the hearing.
The Commissioner shall have the power to:
Keep records of all fines adjudged; and
Promulgate such rules and regulations not inconsistent with the provisions of this chapter as may be necessary with respect to the administration and enforcement of this chapter and other matters incidental or appropriate to his or her powers and duties as prescribed by this chapter, and to amend or repeal any such rules and regulations.
No rule or regulation may be promulgated pursuant to Subsection A(2) herein unless a public hearing is held by the Commissioner. At least seven business days' prior notice of such public hearing shall be published in the official newspapers of the County of Suffolk. A copy of all rules and regulations promulgated and any amendments thereto shall be filed in the office of the Clerk of the County Legislature.
Whenever in this chapter the Commissioner is empowered to or charged with the responsibility to do or perform any act, he or she may deputize, in writing, any officer or employee of the office to do or perform the act in his or her place and stead.
Upon application of the Commissioner, the County Attorney may commence an action in the name of the County of Suffolk to restrain, prevent and enjoin a violation of this chapter or any rule or regulation promulgated hereunder or any continuance of such violation.
This chapter shall apply to any actions occurring on or after its effective date.
This chapter shall take effect 12 months after its filing in the office of the Secretary of State.