Township of Hamilton, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Hamilton 6-19-2018 by Ord. No. 18-024. Amendments noted where applicable.]
The Township of Hamilton finds and declares that a need exists to create a standard by which to govern the operation of cranes within the Township in order to help ensure the public safety and prevent damage to personal property and real estate located in the Township.
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.
COMMISSIONER
The Commissioner of Labor.
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 OPERATOR
An individual engaged in the operation of a crane.
CRANE-RELATED EXPERIENCE
Operating, inspecting, training and maintenance experience acceptable to the Board.
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: 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, or begins to erect, a crane within the Township a permit shall be obtained from the Township's Department of Community Planning and Compliance. In emergent situations the Township Engineer may waive the five-day advanced notice requirement in his or her own discretion if the operator meets the balance of the requirements of this chapter.
B. 
The crane operator is required to maintain a copy of the Township permit at the work site, available for inspection as long as the crane is on site.
C. 
The following documents must be provided to the Township in order to be granted a permit:
(1) 
Copy of crane operator certificate from one of the following organizations:
(a) 
National Commission for the Certification of Crane Operators (NCCCO).
(b) 
Operating Engineers Certification Program (OECP).
(c) 
Crane Institute of American Certification.
(2) 
New Jersey crane license.
(3) 
Current Medical Examiner's card.
(4) 
A copy of the most recent and current proof of inspection (crane owner).
(5) 
A copy of the crane OSHA/ASME certification test inspection checklist.
(6) 
Material safety data sheet.
(7) 
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.
(8) 
Proof that the crane operator submits to a random drug testing program.
(9) 
Proof of completion of signal person qualification or certification course.
(10) 
Upon receipt of a properly completed application and compliance with the requirements of this section, the Department of Community Planning and Compliance 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. 
No person shall engage in the operation of a crane, offer himself or herself for employment as a crane operator or otherwise act, present or represent himself or herself as a crane operator unless licensed pursuant to N.J.S.A. 45:26-1 et seq. and under the provisions of this chapter.
B. 
A crane operator's permit shall be valid only in conjunction with a current New Jersey crane license, 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 permit as a crane operator in the Township, an applicant shall fulfill 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 that offers equivalent testing and certification programs that satisfy 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; and
(4) 
Maintain a current medical examiner's certification card.
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. The fee for an extended or renewal permit is $50.
The crane owner and crane operator shall immediately notify the Township and the owner of the building of every accident causing personal injury or damage to property involving a construction crane covered by this chapter and shall afford the Township 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 Township is made and approval of the equipment for continued use is granted. It shall be the duty of the Township 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 Township. 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 Township 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 breaking 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 Township. 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 such.
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. 
The Township may issue rules and regulations for the administration of the provisions of this chapter.
B. 
The provisions of this chapter shall be enforced by the Department of Community Planning and Compliance.
A. 
Any crane which is or hereafter becomes unsafe or otherwise dangerous to human life or public safety, or which involves inadequate maintenance, shall be deemed in unsafe condition by the Director of the Department of Community Planning and Compliance or his or her designee. All unsafe cranes shall be taken down or removed or made safe, as the Director of the Department of Community Planning and Compliance or his or her designee deems necessary and as provided for in this section.
B. 
The Director of the Department of Community Planning and Compliance or his or her designee 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 Director of the Department of Community Planning and Compliance or his or her designee 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 Director of the Department of Community Planning and Compliance or his or her designee exceptions or rejection of the terms of the order.
D. 
Such order 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. Furthermore, service may be effectuated by posting the notice in a conspicuous place in or on the structure affected by such notice. Moreover, 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 Director of the Department of Community Planning and Compliance or his or her designee 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 an order to abate an unsafe condition shall be subject to a fine or imprisonment in accordance with § 172-10.
Any person convicted of a violation of any of the provisions of this chapter or any order promulgated under this chapter shall be punished in accordance with § 1-2, Violations; penalties, of the Code of the Township of Hamilton.