[9-26-2017 by Ord. No.
2017-30]
As used in this Section
4-26, the following terms shall have the meanings indicated:
BOARD
The Crane Operator's License Advisory Board created within
the Department of Labor and Workforce Development, established pursuant
to N.J.S.A. 45:26-3.
COMMISSIONER
The Commissioner of Labor and Workforce Development.
CRANE
Shall be defined in accordance with N.J.S.A. 45:26-1 through
45:26-17 (Licensure of Crane Operators Act), hereafter referred to
as the "Crane Operator Licensure Act," and the 1926 OSHA Crane and
Derricks in Construction Regulations, also known as "OSHA Subpart
CC."
PRACTICAL EXAMINATION
An examination demonstrating the applicant's ability to safely
operate a particular category or type of crane. Practical examinations
shall be conducted for the following crane categories: lattice boom
crawler cranes (LBC), lattice boom truck cranes (LBT), telescopic
boom cranes (TLL, swing cab) and (TSS, fixed cab), tower cranes and
overhead cranes.
[9-26-2017 by Ord. No.
2017-30]
a. Five days before any crane operator, contractor or other person or company initiates the use of a crane within the Borough, a permit shall be obtained. In emergent situations, the Construction Official may waive this requirement, in his or her own discretion, if the operator meets the balance of the requirements of this Section
4-26.
b. Copies of the permit will be maintained by the Borough and with the
crane operator at all times; a copy of the permit shall be produced
on the work site when requested.
c. The following documents must be provided to the Borough in order
to be granted a permit:
1. Copy of a crane operator certificate from one of the following organizations:
(a)
National Commission for the Certification of Crane Operators
(NCCCO);
(b)
Operating Engineers Certification Program (OECEP); or
(c)
Crane Institute of America certification.
2. New Jersey crane license.
3. Current medical examiner's card.
4. A copy of the most-recent and current proof of inspection for the
crane being operated (crane owner).
5. Insurance required as follows:
(a)
Bodily injury:
(1)
For any one person, in the amount of $500,000;
(2)
For any occurrence, in the amount of $1,000,000;
(b)
Property damage:
(1)
For any one accident, in the amount of $500,000;
(2)
For any aggregate of occurrences, in the amount of $2,000,000.
6. Proof that the crane operator submits to a random drug testing program.
7. Proof of completion of signal person qualification or certification
course.
d. Upon receipt of a properly completed application and compliance with the requirements of this Section
4-26, the Code Enforcement Office shall issue or deny the requested permit within five business days. If the application is denied, the reasons for the denial shall be furnished to the applicant in writing.
[9-26-2017 by Ord. No.
2017-30]
a. To be eligible for a license as a crane operator within the Borough,
the applicant shall fulfill each of the following requirements:
1. Be licensed pursuant to N.J.S.A. 45:26-7;
2. Be at least 18 years of age;
3. Possess 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;
4. Have at least 1,000 hours of crane-related experience; and
5. Maintain a current medical examiner's certification card.
[9-26-2017 by Ord. No.
2017-30]
The permit fee for each crane shall be $100. Each permit is valid for 60 days and may be extended and/or renewed, provided that compliance with the requirements of this Section
4-26 continues to be met. Fee for an extended or renewed permit is $50.
[9-26-2017 by Ord. No.
2017-30]
In addition to all other notice requirements, including notice to the Department of Labor and Workforce Development pursuant to N.J.A.C. 12:121-5.1, the owner of the property on which a crane governed by this Section
4-26 is operating shall immediately notify the Borough of any accident causing personal injury or damage to property and shall provide the Borough with access to the site for investigating such accident. When an accident involves the failure, breakage, damage or destruction of any part of the crane apparatus, it shall be unlawful to continue to use such crane apparatus until after examination by the Borough is made and approval of the equipment for continued use is granted. The Borough shall promptly examine the cause of the accident and complete a report thereon to be maintained by the Borough.
[9-26-2017 by Ord. No.
2017-30]
a. All crane equipment shall be kept in safe working condition at all
times by the owner and licensee.
b. If any safety or operational aid used or required to be used in connection
with the operation of a crane is not working properly, the person
operating such crane shall immediately shut down the crane until such
time that the required safety or operational aid is repaired or replaced
and the crane is restored to proper working order.
c. Any and all safety requirements promulgated by the Board, Commissioner,
or Borough must be adhered to at all times.
d. Every crane shall be thoroughly inspected by a competent designated
employee or authorized agent of the owner or lessee of such mobile
crane, tower crane or derrick at intervals not exceeding one month.
Such inspection shall include, but not be limited to, all blocks,
shackles, sheaves, wire rope, connectors, and various devices on the
master boom, controls and braking mechanisms.
e. A written, dated, and signed record of each such inspection shall
be completed by the competent designated employee or authorized agent
who made the inspection. The most-recent record of such inspection
shall be posted inside the cab of such crane and shall be filed with
the Borough. Attached to such record of inspection shall be a written
designation naming the competent employee or authorized agent. Such
attached designation shall be signed by the owner or lessee of said
crane.
f. Every crane shall be inspected before being erected or operated for
the first time on any job.
g. Adjustments and repairs to cranes shall be made only by competent
designated persons.
[9-26-2017 by Ord. No.
2017-30]
a. The Borough Council may promulgate rules and regulations for the
administration of the provisions of this article.
b. The provisions of this article shall be enforced by the Code Enforcement
Department.
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2017-30]
a. Any crane that is or hereafter becomes unsafe or otherwise dangerous to human life or public safety, or which demonstrates inadequate maintenance, shall be deemed to be in an unsafe condition by the Borough Engineer. All unsafe cranes shall be taken down or removed or made safe, as the Borough Engineer deems necessary and as provided for in this Section
4-26.
b. The Borough Engineer shall cause a report to be filed on an unsafe
crane. The report shall state the nature of the unsafe condition.
c. If an unsafe condition is found, the Borough Engineer or Construction
Official shall serve on the owner, agent or person in control of the
crane a written notice that describes the condition being deemed unsafe
and that specifies the required repairs or improvements to be made
to abate the unsafe condition. Such notice shall require the person
thus notified to declare immediately to the Borough Engineer or Construction
Official exceptions or rejection of the terms of the written notice.
d. Such written notice shall be deemed properly served if a copy is
delivered to the owner personally or sent by certified or registered
mail addressed to the owner at the last-known address with return
receipt requested. If a certified or registered letter is returned
showing that the written order has not been delivered, a copy shall
be posted in a conspicuous place in or on the structure affected by
such notice. Service of such notice in the foregoing manner upon the
owner's agent or upon the person responsible for the crane shall constitute
service of notice upon the owner.
e. The equipment determined to be unsafe by the Borough Engineer or
Construction Official may be restored to a safe condition. To the
extent that repairs, alterations or additions are made during restoration
of such equipment, such repairs, alterations or additions shall comply
with all applicable codes.
f. Any person who refuses or neglects to comply with the requirements of notice to abate an unsafe condition shall be subject to a fine in accordance with Section
4-26.9.
[9-26-2017 by Ord. No.
2017-30]
a. Any person who operates a crane without meeting the requirements of this Section
4-26 or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $100 and no more than $2,000 for each violation. Each day of illegal operation shall constitute a separate and distinct offense.
b. Any person or company who employs an unlicensed person as a crane
operator or who permits or directs an unlicensed person to operate
a crane shall be subject to a fine of not less than $100 nor more
than $2,000 for each violation. Each day of illegal operation shall
constitute a separate and distinct offense.