[HISTORY: Adopted by the Borough Council of the Borough of
Carteret 12-7-2017 by Ord. No.
17-15. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 109.
As used in this chapter, the following terms shall have the
meanings indicated:
The Crane Operators License Advisory Board established pursuant
to N.J.S.A. 45:26-3.
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.
The Commissioner of Labor.
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,
also known as "OSHA Subpart CC."
An individual engaged in the operation of a crane.
Operating, inspecting, training and maintenance experience
acceptable to the Board.
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:
the 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.
A.
Five days before any crane operator, contractor or other person or
company initiates the use of a crane within the municipality, a permit
shall be obtained. In emergent situations, the building inspector
may waive this requirement in his or her own discretion if the operator
meets the balance of the requirements of this chapter.
B.
The permit will be maintained with the municipality as well as 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 municipality in order
to be granted a permit:
(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).
(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, the Building Department shall issue
or deny the requested permit within five business days. If the application
is denied, the reasons for the denial are furnished to the applicant
in writing.
A.
Licensure of crane operators, pursuant to N.J.S.A. 45:26-7. No person
shall engage in the operation of a crane, offer himself or herself
for employment as a crane operator or otherwise act, attempt to act,
present or represent himself as a crane operator unless licensed as
such under the provisions of this act.
B.
A crane operator's license shall be valid only in conjunction
with a current certification and only in the specialty or specialties
for which the crane operator is certified. The specialties are lattice
boom crawler crane (LBC), lattice boom truck crane (LBT), telescopic
boom cranes (TLL, swing cab and TSS, fixed cab), tower cranes and
overhead cranes.
C.
To be eligible for a license as a crane operator in the municipality,
an applicant shall fulfill each of the following requirements:
(1)
Be at least 18 years of age.
(2)
Receive 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.
(3)
Have at least 1,000 hours of crane-related experience.
(4)
Maintain a current medical examiner's certification card.
D.
The crane operator should reside in the municipality. If not, they
should reside in the same county as the municipality is located. The
crane operator shall reside in New Jersey.
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 chapter continues to be met.
Fee for an extended or renewal permit is $50.
The owner of the property shall immediately notify the municipality
of every accident causing personal injury or damage to property involving
a construction crane covered by this chapter and shall afford the
municipal official every facility for investigating such accident.
When an accident involves the failure, breakage, damage or destruction
of any part of the apparatus, it shall be unlawful to use such device
until after an examination by the municipality is made and approval
of the equipment for continued use is granted. It shall be the duty
of the municipality to make a prompt examination into the cause of
the accident and to enter a full and complete report thereof in the
records of the municipality. Such records shall be open for public
inspection during regular business hours.
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 municipality 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 municipality. 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.
A.
Any crane which 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 Municipal Engineer.
All unsafe cranes shall be taken down or removed or made safe, as
the Municipal Engineer deems necessary and as provided for in this
section.
B.
The Municipal 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 Municipal Engineer or municipal
agent shall serve on the owner, agent or person in control of the
crane, a written notice that describes the condition being unsafe
and 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 Municipal Engineer or municipal agent
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 the 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 Municipal Engineer or
municipal agent 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.
A.
Any person who operates a crane without meeting the requirements
of this chapter or any rule or regulation promulgated thereunder shall
be subject to a fine of not less than $1,000 and no more than $10,000
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 $2,000 nor more
than $20,000 for each violation. Each day of illegal operation shall
constitute a separate and distinct offense.
All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
This chapter shall take effect upon its passage and publication
according to applicable law.
