WHEREAS, the Board of Commissioners of the Town of West New
York ("Town") deems it necessary for the official conduct of the affairs
of the Town of West New York that the Town has a comprehensive construction
ordinance, inclusive of construction cranes;
WHEREAS, the licensing of crane operators is a matter of public
safety; and
WHEREAS, active cranes in the Town operate in a dense urban
environment, often in close proximity to residential units, office
spaces, and pedestrians, thus underscoring the need for professional
crane operators who adhere to the highest standards of safety; and
WHEREAS, the Board of Commissioners of the Town wishes to enact
legislation which will govern registration of cranes and use of cranes
in the Town; and
WHEREAS, the Board of Commissioners of the Town has determined
that adopting this new chapter would be in the best interest of the
community and will advance the safety of our residents and benefit
the public welfare:
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Crane Operators License Advisory Board established pursuant
to N.J.S.A. 45:26-3.
CERTIFICATION
Certification from the National Commission for the Certification
of Crane Operators or any other organization found by the Board to
offer an equivalent testing and certification program meeting the
requirements of the American Society of Mechanical Engineers ASME
B30.5 and the accreditation requirements of the National Commission
for Certifying Agencies.
CRANE
A power-operated hoisting machine used in construction, demolition
or excavation work that has a power-operated winch, load line and
boom moving laterally by the rotation of the machine on a carrier
and has a manufacturer-rated lifting capacity of 10 tons or more.
It shall not include a forklift, digger derrick truck, aircraft, bucket
truck, knuckle boom, trolley boom or any vehicle or machine not having
a power-operated winch and load line.
CRANE SITE
The location where the crane shall be stored, placed or operated
from.
OPERATOR
An individual engaged in the operation of a crane.
OWNER
The person with ownership rights in the crane.
PERSON
Any individual, corporation, limited liability company, partnership,
or other legal entity.
In the event that any applicant for a permit shall have been
refused a permit, said person shall have the right and privilege to
appeal from such refusal to grant a permit to the Board of Commissioners
of the Town of West New York, or its designee; provided, however,
that not less than five days' written notice of such appeal shall
have been served upon the Board of Commissioners, either in person
or by registered mail, return receipt requested, and a date of hearing
before the Board of Commissioners or its designee shall be fixed no
later than 30 days after the receipt of said notice of appeal. Thereupon,
the Board of Commissioners or its designee shall notify said person
of the place, date and time of hearing.
Each permit issued pursuant to this chapter shall be valid for a period of 30 days and may be extended and/or renewed, provided that compliance with the requirements of §§
162-3 and
162-8 continue to be met. The applicant must seek approval for permitting in accordance with §
162-3A.
The application fee for a construction crane permit is $100.
The fee for any renewal and/or extension of an existing permit is
$50.
In addition to the information required to be provided pursuant to §
162-3, the applicant shall provide proof of general liability insurance naming the Town as an additional insured in the amount of $10,000,000.
Each applicant for each permit issued pursuant to this chapter has a continuing obligation to update all information submitted with the applicant's application, pursuant to §
162-3, during the pendency of the application procedure and while the permit is valid.
It shall be the duty of each operator, owner or person employing
such operator and/or owner to immediately report to the Building Department
of the Town of West New York any and all accidents or safety issues
regarding the operating, assembly, and disassembly or jumping of a
crane.