[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:
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.
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.
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.
[Amended 4-7-2020 by Ord.
No. 20-015]
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 and Economic Development. 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:
(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.
(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
and Economic Development 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.
[Amended 4-7-2020 by Ord.
No. 20-015]
[Amended 4-7-2020 by Ord.
No. 20-015]
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 and Economic Development 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.
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.
